Town of Ferrisburgh Zoning Bylaws
Adopted November 8, 2988
Amended March 6, 2001
Subdivision Regulation Adopted February 2, 1980 (not included)
TABLE
OF CONTENTS
ARTICLE I GENERAL PROVISIONS ..5
Section 1.1 Title 5
Section 1.2 Purpose . . 5
Section 1.3 Amendments . 5
Section 1.4 Repeal 5
Section 1.5 Severability ... 5
Section 1.6 Effective Date 5
ARTICLE II DEFINITIONS ...6
Section 2.1 General Definitions 6
Section 2.2 Specific Definitions .. 6
ARTICLE III ZONING DISTRICTS AND ZONING MAP .17
Section 3.1 Establishment of Zoning districts .. 17
Section 3.2 Zoning Map Locations of Districts . 17
Section 3.3 Interpretation of Zoning District Boundaries .17
Section 3.4 Administration of District Boundary Rules 17
Section 3.5 Application of Zoning Bylaws 17
ARTICLE IV ZONING DISTRICT REGULATIONS ..19
Section 4.1 Rural Residential District (RR-2) .. 19
Section 4.2 Rural Agricultural District (RA-5) . 20
Section 4.3 Conservation District (CON- 25) ...21
Section 4.4 Highway Commercial District (HC-2) .. 22
Section 4.5 Industrial District (IND-2) .23
Section 4.6 Shoreland District (SD-2) .. 25
Section 4.7 Village District (VIL-2) . 26
ARTICLE V GENERAL BYLAWS 28
Section 5.1 Abandonment of Structures ....28
Section 5.2 Accessory Uses and Buildings ....28
Section 5.3 Campers . 28
Section 5.4 Construction Approved Prior to Adoption of, or Amendment
to Regulations 28
Section 5.5 Corner
Section 5.6 Dwelling Units Below Grade 28
Section 5.7 Existing Small Lots 29
Section 5.8 Extraction of Subsoil, Sand or Gravel 29
Section 5.9 Filing of Land 30
Section 5.10 Freestanding Dishes and Antennas . 30
Section 5.11 Gasoline Station or Motor Vehicle Service Stations ... 30
Section 5.12 Grading 30
Section 5.13 Height Restrictions ...31
Section 5.14 Home Occupations ...31
Section 5.15 Accessory Use A Requirements 31
Section 5.16 Accessory Use B Requirements 31
Section 5.17 Interior Lots . 32
Section 5.18 Landscaping 32
Section 5.19 Lots in Two Zoning Districts ... 32
Section 5.20 Lots Located on Public Waters 32
Section 5.21 Planned Residential Development (PRD) 32
Section 5.22 Planned Unit Developments (PUD) .34
Section 5.23 Projection in Yards ...35
Section 5.24 Public Utility Substations .35
Section 5.25 Reduction of Lot Area .35
Section 5.26 Required Area of Yards ..36
Section 5.27 Required Frontage on, or Access to, Public Roads or Public
Waters .. 36
Section 5.28 Roadside Agricultural Stands . 36
Section 5.29 Solar and Wind Energy Systems .. 36
Section 5.30 Storage of Flammable Liquids 36
Section 5.31 Temporary Uses and Structures .. 36
ARTICLE VI TRANSPORTATION, ACCESS, SAFETY AND PARKING ...37
Section 6.1 Parking 37
Section 6.2 Off-Street Parking Space Requirements .37
Section 6.3 Access Permit .37
Section 6.4 Obstruction of Vision .37
ARTICLE VII SIGNS ..38
Section 7.1 General .. .38
Section 7.2 Traffic, Hazard, Safety and Obstruction 38
Section 7.3 Road Setback Requirement .. 38
Section 7.4 Illuminated and Flashing Signs . 38
Section 7.5 Off-Premise Signs . 38
Section 7.6 Signs in Residential, Conservation and Shoreland Districts 38
Section 7.7 Signs in Commercial, Village and Industrial Districts . 38
Section 7.8 Wall, Projecting, Ground and Roof Signs 39
Section 7.9 Computation of Permissible Outdoor Signs Area 39
ARTICLE VIII PERFORMANCE STANDARDS 39
Section 8.1 Noise . 39
Section 8.2 Glare, Lights and Reflection .39
Section 8.3 Fire, Explosive and Safety 39
ARTICLE IX PERMITS AND APPROVALS ..40
Section 9.1 Zoning Permit 40
Section 9.2 Certificate of Occupancy .. 40
Section 9.3 Revocation of Zoning Permits and Approvals ..41
Section 9.4 Conditional Uses .. 41
Section 9.5 Non-Conforming Uses and Non-Complying Structures .. 41
ARTICLE X ADMINISTRATION AND ENFORCEMENT 42
Section 10.1 Administrative Officer 42
Section 10.2 Appeals ... 42
Section 10.3 Fees . 43
Section 10.4 Penalties .. 43
Section 10.5 Zoning Board of Adjustment ..43
Section 10.6 Powers .44
ARTICLE XI FLOOD HAZARD AREA REGULATIONS .44
Section 11.1 Statutory Authorization .. 44
Section 11.2 Statement of Purpose .. 44
Section 11.3 Lands to Which These Regulations Apply . 44
Section 11.4 Official Flood Hazard Area Map 45
Section 11.5 Interpretation of District Boundaries ..45
Section 11.6 Permitted Uses 45
Section 11.7 Conditional Uses .45
Section 11.8 Permit Requirements and Application Procedures . 45
Section 11.9 Records ... 46
Section 11.10 Conditional Use Review Procedures 46
Section 11.11 Considerations by the Zoning Board 47
Section 11.12 Conditions Attached to Conditional Use Approval ..48
Section 11.13 Time for Acting on Application 49
Section 11.14 Issuance and Transmission of Permits . 49
Section 11.15 Effective Date ...49
Section 11.16 Appeals . 49
Section 11.17 Variances .. 49
Section 11.18 Fees .. 50
Section 11.19 Warning of Disclaimer of Liability .. 50
Section 11.20 Precedence of Bylaws ...50
Section 11.21 Annual Report to Federal Emergency Management Agency 50
Section 11.22 Definitions 50
ARTICLE XII TELECOMMUNICATIONS FACILITIES AND TOWERS .52
Section 12.1 Purposes ... 52
Section 12.2 Agreement with Federal Law . 52
Section 12.3 Exemptions . 52
Section 12.4 Definitions .. 53
Section 12.5 Telecommunications Tower or Facility
Conditional Use Permits . 58
Section 12.6 Site Plan Requirements ... 60
Section 12.7 Evidence of Need 62
Section 12.8 Legal and Technical Documentation .. 63
Section 12.9 General Project Requirements 64
Section 12.10 Tower and Antenna Design Requirements ... 65
Section 12.11 Monitoring Protocol
.. 66 Section
12.12 Amendments
to Existing
And Facility Conditional Use Permits .. 66
Section 12.13 Tower Lighting and Signage; Noise Generated by Facility.. 67
Section 12.14 Antennas Mounted on Structures, Roofs and Walls
and on Existing Towers .67
Section 12.15 Temporary Wireless Communication Facilities .67
Section 12.16 Interference with Public Safety Telecommunications . 67
Section 12.17 Continuing Obligations . 67
Section 12.18 Abandoned, Unused, Obsolete, Damaged or Dangerous
Towers or Portions of Towers .. 68
This ordinance shall be known and cited as the Zoning Bylaws for the Town of
Ferrisburgh.
It is the purpose of these Bylaws to implement the Ferrisburgh Town Plan in
providing the most appropriate use of land; to promote health, safety and general welfare; to protect soils, water, forests and other natural resources; to preserve the quality of life and enhance a sense of community; to provide adequate and efficient services; to direct and manage growth in Ferrisburgh; and to have an active economy while maintaining the agricultural landscape.
The Bylaws are designed to implement the purposes and policies set forth in the
Plan and the Planning and Development Act (Title 24 V.S.A.
Amendments to these bylaws shall be prepared in accordance with Title 24
V.S.A. Chapter 117 Section 4403 and 4404.
The Zoning Bylaws in effect in the
Town of
the effective date of the adoption of these Bylaws.
The invalidity of any provisions of these bylaws shall not invalidate any other
part.
These bylaws become effective upon approval pursuant to Title 24 V.S.A. Ch. 117
Section 4404.
Definitions contained in the Vermont Planning and Development Act shall be applicable throughout these bylaws unless other wise specifically defined in this section and sections 11.22 and 12.4.
ACCESSORY APARTMENT: A dwelling unit located on the same lot with, and clearly subordinate to, the principal dwelling. An accessory apartment may be located in the principal dwelling or in an accessory building provided that: (1) the unit shall contain no more than two bedrooms; (2) the size shall not exceed six hundred square feet or thirty per cent of the accessory building, whichever is less and (3) all applicable State regulations for the provision of sewage disposal and water supply shall be met.
ACCESSORY USE OR BUILDING:
A use or building customarily
incidental and subordinate to the principal use or building and located on the
same lot.
ACCESSORY USE A: Any occupation that is entirely within a living area of a residence, carried on only by members of the residing household, and is clearly secondary to the use of the dwelling as a residence. Examples include professional offices for doctors, lawyers or realtors; small repair shop for small appliances, watches etc; home tutoring, weaving or other uses deemed similar or appropriate by the zoning board that will fit the character of the neighborhood.
ACCESSORY USE B: Any small industry or service type operation that is carried on within a residence or accessory building. Examples are small manufacturing shops, automotive repair, antique shops, small professional office or other uses deemed similar or appropriate by the zoning board that will fit the character of the neighborhood.
ADJOINING LANDS: Shall include lands directly abutting a parcel or a private right-of-way, and lands across public roads or water.
AGRICULTURAL PRACTICE / USE: Uses include, but not limited to: feeding, fencing, watering, and management of livestock, poultry and game birds, fur bearing animals, and fresh water fish; handling of animal by-products; collection of maple sap (and other tree saps) and the production of syrup from sap; preparation, operation of greenhouses; ditching and tilling of farm fields; rip rapping of farm field stream banks in accordance with the Soil Conservation Service, U.S. Department of Agriculture (SCS) standards or other standards approved by the Town and Commissioner of Agriculture; construction and maintenance of farm buildings; on-site production of fuel or power from agricultural products produced on the farm; and on-site preparation and sale of agricultural products principally produced on the farm.
ALTERATION: Structural change, rearrangement, change of location, increase in number of bedrooms, enlargement or addition to a building.
BASEMENT: Story partly or wholly underground. A basement shall be counted as a story if the vertical distance between the basement ceiling and the average grade level of the adjoining ground is more than six feet.
BOUNDARY ADJUSTMENT: A division of land for the purpose of adjusting boundaries between adjacent lots or parcels where no new lot is created. A boundary adjustment shall not create a nonconforming use or lot.
BUILDING: Structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or personal property. Including, but not limited to, any carport, porch, utility storage shed, mobile home or steps covered overhead.
BUILDING AREA: Total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings and structures. All dimensions shall be measured between exterior faces of walls.
BUILDING FRONT LINE: Line parallel to the street line transecting that point of the building which is closest to the street line. Where a lot fronts on public water but not on a public road, high water line shall replace street line in this definition.
BUILDING HEIGHT: Vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the structure.
BUILDING REAR LINE: Line parallel to the street line transecting that point of the building which is farthest from the street line. Where a lot fronts on public waters but not on a public road, high water line shall replace street line in this definition.
BUILDING SIDE LINE: Line parallel to the nearest side lot line transecting that point of the building which is nearest the side lot line.
CAMP / SEASONAL USE DWELLING: A dwelling unit which is not used as a primary single-family residence and which receives limited intermittent use on a seasonal basis for no more than six consecutive months.
CAMPER: Any motorized or unmotorized vehicle mounted on wheels and used as sleeping, camping or living quarters. This includes a camper body mounted or intended to be mounted on a truck, and excludes mobile homes.
CLINIC: A non-residential office building used by members of the medical professions for the diagnosis and outpatient treatment of human ailments.
CLUB: Building or use catering exclusively to club members and their guests for recreational, educational or service purposes.
COMMERCIAL PARKING LOT: A facility where, for a fee, registered motor vehicles may be parked for a period of time.
COMMUNITY CARE HOME:
See GROUP HOME
COMMUNITY FACILITY: Any meeting hall, place of assembly, museum, art gallery, library, school, church or other similar type of establishment which is not operated primarily for profit, excluding government facility.
CONDITIONAL USE: Use which may be permitted only by approval of the Zoning Board after public notice and public hearing to determine whether the proposed use will conform to general and specific standards as set forth or referred to in these bylaws and pursuant to the Act.
CONTRACTORS
YARD:
CONVENIENCE, RETAIL: Shall mean an establishment whose principal use is the sale of products in small quantities for the daily use of customers including, but not limited to, bakeries, food stores, news stands, tobacco shops, card shops, liquor stores, delicatessens, musical supply stores, pet stores, jewelry stores, camera and photography supplies, ice cream parlors, meat and seafood shops and florist shops.
DAY CARE FACILITY: A facility in which care is provided on a regular basis for seven or more children, under twelve years of age, at one time. Such facilities include those commonly known as day care center, play groups and preschool.
DAY CARE HOME: A facility which provides care in the owners residence on a regular basis for six or fewer children at any time, excluding children of the owner.
DUMP: See SANITARY LANDFILL
DRIVE-IN FACILITY: An establishment designed or operated to serve a patron while seated in a motor vehicle parked in an off-street parking space.
DWELLING UNIT: Building or part thereof used as living quarters for one family which includes facilities for food preparation, sleeping and sanitary facilities. The terms dwelling unit, one-family dwelling, two-family dwelling or multiple-family dwelling shall not include a tourist home or motor lodge.
DWELLING, ONE-FAMILY: Detached building used as living quarters by one family.
DWELLING, TWO-FAMILY: Building used as living quarters by two families living independently of each other.
DWELLING, MULTIPLE-FAMILY: Building used as living quarters by three or more families living independently of each other.
DWELLING UNIT,
SEASONAL: See SEASONAL DWELLING UNIT
FAMILY: One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
FENCE: Structure used primarily for enclosure or screening. (See STRUCTURE)
FINISHED GRADE: Completed surfaces of ground, lawn, walks, paved areas and roads brought to grade.
FLOOR AREA: Sum of the gross horizontal area of the
floors of a building, excluding basement floor areas, unless said basement
floor area is counted as a story under definition of basement. All dimensions shall be exterior.
FRIEGHT OR TRUCKING TERMINALS: The buildings, facilities, and parking areas used for the loading, dispatching and storage of freight, freight vehicles, including but not limited to trains, buses and trucks.
FRONT YARD SETBACK: The front yard setback should be measured from the centerline of the existing roadway or right-of-way. It consists of the depth of the front yard (distance from building front line to street line) plus the distance from the street line to the centerline of the existing roadway.
GASOLINE STATION: Any lot or area of land, including the building or buildings thereon which is used for the sale of any motor vehicle fuel whether or not said use constitutes primary or accessory use.
GOVERNMENT FACILITY: Any building held, used or controlled exclusively for public purposes by any department or branch of municipal, state or federal government, or subdivision thereof, without reference to the ownership of the building or the reality upon which it is situated.
GROUP HOME / COMMUNITY CARE HOME: A state licensed residential care home or group home, serving not more than six persons who are developmentally disabled or physically handicapped.
HEAVY MANUFACTURING OR INDUSTRY: The processing, assembly, distribution, or packaging of natural or man-made products where such activity results in substantial off-site impacts or all such activity and storage of raw or finished products is not enclosed inside a building or screened from the abutting properties and public rights-of-way. Such uses include, but are not limited to, the following: paper, pulp, or lumber mills; freight or trucking terminals; contractors yards; concrete, asphalt, or brick plants; quarries; bulk fuel storage of over 550 gallons; slaughter houses, rendering, hide tanning; manufacturing or processing of fertilizer, bone, rubber, ammonia, chlorine, petroleum products, gas or explosives, and other similar uses.
HISTORIC BUILDING OR STRUCTURE: Any building or structure that has been certified in writing by the Vermont Division for Historic Preservation.
HOME OCCUPATION: An occupation by a resident of a dwelling which utilizes a minor portion of a dwelling or of an accessory building and which is customary in residential areas and which does not change the character thereof.
JUNKYARD: Any place of outdoor storage or deposit which is maintained, operated or used in connection with a business for storing, keeping, processing, buying or selling junk or as a scrap metal processing facility. Junk Yard also means any place of outdoor storage or deposit, not in connection with a business, which is maintained or used for storing or keeping four or more junk motor vehicles which are visible from any portion of a public highway. However, the term does not include a private garbage dump or a sanitary landfill which is in compliance with VSA 24 Section 2202 and the regulations of the secretary of human services. It does not mean a garage where wrecked or disabled motor vehicles are stored for less than 90 days for inspection or repairs.
KENNEL: An establishment for the breeding and boarding of six (6) or more dogs.
LAND DEVELOPMENT: The division of a parcel into two or more parcels, the construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any change in the use of any building or other structure or land or extension of use of land. This shall also include the conversion of seasonal dwellings and / or camps to year-round use.
LIGHT MANUFACTURING OR INDUSTRY: The processing, assembly, distribution, or packaging of natural or man-made products where such activity results in no substantial off-site impacts and all such activity and storage of raw or finished products is enclosed in a building or is screened from the abutting properties and public rights-of-way. Such uses include but are not limited to the following: blacksmiths shop or foundry; cabinetry or woodworking shop; electronics or high-tech manufacturing or assembly; machine shop; monument or stone works; sewing; printing; warehousing; wholesale trade; diesel engine, truck, tractor, or heavy equipment storage, sales, or repair; research and testing laboratory; and other similar uses.
LOADING SPACE: Off-street space, which is at least twelve feet wide, forty feet long and fourteen feet high, not including access driveway, and having direct access to a street or alley, used for the temporary location of one licensed motor vehicle.
LOT: For the purposes of land development, land and premises, with or without buildings, 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 a public road or public waters, or other means of access as may be required elsewhere in these bylaws. This definition includes an existing small lot, per Section 5.7, which may not meet minimum area, width or depth requirements.
LOT COVERAGE: That percentage of the lot area covered by the building area.
LOT LINE, REAR: The lot line opposite and most distant from the street line. Where a lot fronts on public waters but not on a public road, mean water line shall replace street line in this definition.
MARINA: A use characterized by sales, repairs, derricks, docks, wharves, marine railways, boat storage areas and marina facilities for the commercial servicing, maintenance, storage, docking of vessels or the furnishing of general marina services which may include sales of food or other items clearly incidental to the operation of the other marine based activities.
MEAN WATER
LEVEL: The terms mean water mark, mean water level and normal mean watermark are
considered to be one and the same. For
MIXED USE: A lot or structure containing two or more uses.
MOBILE HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, it does not include recreational vehicles or travel trailers.
MOTOR LODGE: A building or group of buildings used for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals. Does not include tourist home.
MOTOR VEHICLE SALES FACILITY: A retail establishment for the display, sale or lease of motor vehicles, including but not limited to cars, trucks, vans, campers, boats, motorcycles, farm machinery or snowmobiles, includes enclosed showrooms and parking lots.
MOTOR VEHICLE SERVICE STATION: Any lot or area of land including the building or buildings thereon, which is used for or which has commercial facilities for lubrication, washing, painting, repairing, or servicing motor vehicles.
NON-COMPLYING STRUCTURE: A structure or part thereof not in conformance with the zoning regulations covering building bulk, dimensions, height, area, yards, density or off-street parking or loading requirements, where such structure conformed to all applicable laws, ordinances and regulations prior to the enactment of such zoning regulations or bylaws.
NON-CONFORMING USE: Use of land or structure which does not comply with all zoning regulations where such use conformed to all applicable laws, ordinances and regulations prior to the enactment of such zoning regulations or bylaws.
OFFICE: see PROFESSIONAL OFFICE OR PROFESSIONAL RESIDENCE OFFICE
PARCEL: A tract of land in the same ownership, which may be divided by a public road, and may contain more than one lot (see lot).
PARKING SPACE: Off-street space used for the temporary location of one licensed motor vehicle, such space being at least nine feet wide and twenty-two feet long, not including access driveway, and having direct access to a street.
PERMITTED USE: Use specifically allowed in the district, providing performance standards are met, excluding illegal uses and non-conforming uses.
PERSONAL SERVICE: Barber, beauty parlor, shoe repair, laundromat, dry cleaner, photographic studio, massage parlor and other businesses providing similar personal services, except for medical services.
PLANNED RESIDENTIAL DEVELOPMENT (PRD): An allowed method of land development for residential use. An area of land to be developed as a single entity for a number of dwelling units, the plan for which does not conform to the zoning regulations established for the district in which it is proposed to be located. The permitted number of dwelling units shall not exceed the number which could be permitted if the land were subdivided into lots in conformance with the zoning regulations. Dwelling units may be clustered to take advantage of site locations best suited for development and to preserve open space values. See Section 4407(3) of the Act for a more complete description of PRDs.
PLANNED UNIT DEVELOPMENT (PUD): An allowed method of land development for an area of land to be developed as a single entity for a number of dwelling units and commercial and industrial uses, if any, the plan for which does not correspond in lot size, bulk, or type of dwelling, commercial, or industrial use, density, lot coverage, and required open space to the zoning regulations established for the district in which it is proposed to be located. A PUD can encourage new communities, innovation in design and layout, and more efficient use of land. See Sections 4303(14) and 4407(12) of the Act for a more detailed description of PUDs.
PLAT: A document of record graphically depicting a plot of land.
PRIMARY / PRINCIPAL USE: The main use or chief purpose of land or structures, as distinguished from a secondary or accessory use.
PROFESSIONAL OFFICE: Professional office including architect, accountant, dentist, doctor, lawyer, engineer, psychologist or other similar occupation.
PUBLIC ROAD: Any road accepted as a state or town highway including Class 4 highways and trails.
PUBLIC WATERWAY: Any waterway that is open to the public
and navigable when
QUARRYING: Marble, granite, or other stone extraction operations and any land development accessory thereto. Quarrying includes the enlargement of any existing quarrying excavations.
RECREATION, INDOOR: Bowling alley, theater, pool hall, arcade, skating rink, gymnasium, swimming pool, or other similar places of indoor recreation.
RECREATION, OUTDOOR: Golf course, hunting preserve, skating rink, park, beach, recreation stadium, skiing facility, playground, ballfield, commercial stable, swimming pool, or other similar places of outdoor recreation.
RENEWABLE ENERGY RESOURCE STRUCTURE: A structure for the collection or conversion into energy of direct sunlight, wind, running water, organically derived fuels, including wood, agricultural sources, waste materials, waste heat and geothermal sources.
RESIDENTIAL HEALTH CARE FACILITY: Any residential facility for the diagnosis or treatment of human ailments, including but not limited to hospital, sanitarium, nursing home, convalescent home, and hospice.
RESIDENTIAL USE: One-Family dwelling unit, two-family dwelling units, or multiple-family dwelling units.
RESTAURANT: A public eating establishment in which the primary function is the preparation and serving of food.
RETAIL, CONVENIENCE: see CONVENIENCE, RETAIL
RETAIL SALES: Shall mean an establishment whose principal use is the sale of products for consumption or use by the customer off the premises. This shall include but not be limited to hardware, paint, office equipment, sporting goods, trading stamp and redemption outlets, television, satellite dishes, automotive supply and major household appliance stores.
RETAIL STORE: Any enclosed business concerned primarily with rental or the sale of produce, products, goods, equipment or commodities; and excluding any drive-in facility, road side agricultural stand, gasoline or motor vehicle service station, motor vehicle sales facility, restaurant or junk yard.
RIGHT-OF-WAY: see STREET
SANITARY LANDFILL: Land used for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
SEASONAL DWELLING UNIT / CAMP: A dwelling unit which is not used as a primary single-family residence and which receives limited intermittent use on a seasonal basis for no more than six consecutive months.
SIGN: Any device, structure, building or part thereof, for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SOLAR COLLECTOR: A device or structure, combination or part thereof, that transforms direct solar energy into thermal, chemical, or electrical energy.
SOLAR ENERGY SYSTEM: A complete design or assembly consisting of a solar energy collector, an energy storage facility, where used, and components for the distribution of transformed energy, to the extent they cannot be used jointly with a conventional energy system. Passive solar energy systems, those which use natural or architectural components to collect and store or utilize solar energy without using external mechanical power, are included in this definition.
STABLE, COMMERCIAL: A facility where animals are kept for remuneration, hire, or sale.
STABLE, PRIVATE: A facility where animals are kept for private use, not for remuneration, hire, or sale.
STORAGE TRAILER: A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation. This includes a storage body mounted or intended to be mounted on a truck or trailer chassis.
STREET: Public or private way for vehicular traffic, which affords the principal means of access to abutting properties.
STREET LINE: Right-of-way line of a street, public or private, as
dedicated by a deed or other proper instrument of record. Where the width of the street is not
established, the street line shall be considered to be thirty feet from the
centerline of the street.
STRUCTURE: An assembly of materials for occupancy or use,
including, but not limited to, a building, manufactured home or trailer,
billboard, sign, wall or fence, except a wall or fence on an operating
farm. Structures do not include sidewalks,
driveways, roads, or non-commercial parking lots, non opaque fences or fences
less than four (4) feet in height.
TOURIST HOME: Building wherein people are sheltered for
profit. Does not
include motor lodge.
USE: The specific purpose for which land or a building is
designated, arranged, or intended; or for which it is or may be occupied or
maintained.
VARIANCE: A departure from the zoning bylaws, which is granted
or denied by the Zoning Board of Adjustment.
The conditions specified in Section 4468 of the Act must exist in order
for a variance to be granted.
VETERINARY CLINIC /
WAREHOUSE: A structure or part thereof for storing goods, wares, materials or merchandise. A warehouse may include a wholesale establishment, discount house, bulk storage and bulk sales outlet. Does not include gasoline, fuel, chemical, hazardous or flammable fuel storage tanks.
WETLANDS: See Vermont Wetland Rules (adopted 2/7/90); see also
34 VSA 4303.
WIND ENERGY CONVERSION SYSTEM: A device
that converts wind energy to mechanical or electrical energy.
YARD: Space on a lot not occupied with a building or
structure.
YARD, FRONT: Area between the center of the street and the
building front line. A corner lot has
two front yards.
YARD, SIDE: Area between a side lot line and building sideline.
ARTICLE III ZONING DISTRICTS AND ZONING MAP
Section 3.1 Establishment of Zoning Districts
The following Zoning
Districts are established:
Conservation District
CON-25
Highway Commercial District
. HC-2
Industrial District
. IND-2
Rural Residential District
. RR-2
Rural Agricultural District
RA-5
Shoreland District
. SD-2
Village District
. VIL-2
Section 3.2 Zoning Map Location of Districts
The location and boundaries of zoning districts are
established as shown on the Official Zoning Map. The Zoning Map is hereby made a part of these
bylaws and a part of all future bylaws.
The Official Zoning Map shall be kept on file in the Ferrisburgh Town
Clerks Office.
Section 3.3 Interpretation of Zoning District Boundaries
A.
Boundaries
indicated as approximately following streets, highways or alleys shall be
construed as
following the centerlines of such streets, highways or alleys.
B.
Boundaries
indicated as following railroad lines shall be construed as following the
centerlines of the rights-of-way of such railroad lines.
C.
Boundaries indicated as following property
lines or plotted lines shall be construed as following such lines as they exist
on the effective date of the district boundary created by these bylaws
D.
Boundaries
indicated as following shorelines shall be construed as following mean water
level of such shorelines; boundaries indicated as approximately following the
centerline of streams, rivers, or other bodies of water shall be construed to
follow such centerlines.
E.
Boundaries
parallel to, or extensions of, features indicated in subsections A through D
above shall be so construed. Distances
not specifically indicated on the Official Zoning Map or described under each
zone shall be determined by the scale of the map.
Section 3.4 Administration of District Boundary Rules
When the Administrative Officer can not definitely
determine the location of a district boundary, the Planning Commission shall
interpret the location of the district boundary with reference to the Official
Zoning Map and the purposes set forth in all relevant provisions of these
bylaws.
Section 3.5 Application of Zoning Bylaws
No land development shall occur unless in conformance
with these bylaws herein specified for the district in which it is located.
Any use not expressly permitted in a district is
prohibited in that district.
The application of these Bylaws is subject to Section
4405 and Section 4409 of the Act.
The enactment of these Bylaws shall not repeal, annul or
in any way impair any zoning permit previously issued.
ARTICLE IV ZONING DISTRICT REGULATIONS
The
provisions of all prior Articles shall apply to uses in all districts when
relevant. The general standards
designated in Section 4407(2) of the Act shall act as the general standards and
shall be required for any proposed conditional use under this Article. The permitted uses and uses permitted after
issuance of a conditional use permit in each district shall be subject to the
specific standards set forth for that district.
Section 4.1 Rural Residential District (RR-2)
A. Purpose
This district comprises areas with a majority of their soils capable, with least
modification, to adequately drain septic systems and are located along existing year
round service road frontage and /or are reinforcing existing settlement patterns. It is
anticipated that year round family dwellings will comprise the major part or
development in this area. A minimum lot size of two (2) acres is required for these
areas to encourage their utilization and thereby reduce site development costs,
increase public health; restrain public service capital and unit costs and preserve
remaining agricultural areas.
The following uses are permitted in the RR-2 District:
1. One family dwelling, including specifically state licensed or registered residential
care home or group home serving not more that six persons who are
developmentally disabled or physically handicapped except that no such home
shall be considered as a permitted single-family residential use if it is located
within 1,000 feet of another such home.
2. Two family dwelling
3. Accessory use
4. Accessory use A
5. Day care home
The following uses may be permitted in the RR-2 District as conditional uses by the
Zoning Board in accordance with Article IX Section 9.4 of these bylaws:
1. Tourist home
2. Recreation, outdoor
3. Cemetery
4. Accessory use B
5. Day care facility
6. Accessory apartment
7. Storage trailer
8. Other similar uses which meet the intent of purpose statement upon finding by the Zoning Board that the use is of the same general character as those permitted and which will not be detrimental to the other uses within the District or to the adjoining land uses.
D. Dimensional Standards
1. Minimum lot size 2 acres
2. Minimum acreage for each dwelling unit or primary
use building 2 acres
3. Lot frontage and lot width minimum 200 feet
4. Lot depth requirement 350 feet
5. Front yard minimum (measured from centerline of road) 80 feet
Minimum setback on Route 7 100 feet
6. Rear and sideyard setbacks 25 feet
7. Maximum height 35 feet
8. Maximum lot coverage 20%
Section 4.2
Rural Agricultural District (RA-5)
A. Purpose
Generally, these areas do not have the soil characteristics with good residential or commercial development potential, but are best suited for agricultural use. Other compatible uses would be open space, conservation and forestry. A minimum lot size of five (5) acres is required for these areas.
B. Permitted Uses
The following uses are permitted in the RA-5 District
1. One family dwelling, including specifically state licensed or registered residential care home or group home serving not more than six persons who are developmentally disabled or physically handicapped, except that no such home shall be considered as a permitted single-family residential use if it is located within 1,000 feet of another such home
2. Two family dwelling
3. Accessory use
4. Accessory use A
5. Day care home
C. Conditional Uses
The following uses may be permitted in the RA-5 District as conditional uses by the Zoning Board in accordance with Article IX, Section 9.4 of these bylaws.
1. Tourist home
2. Recreation, outdoor
3. Cemetery
4. Accessory use B
5. Day care facility
6. Storage trailer
7. Accessory apartment
8. State or community owned and operated institutions and facilities
9. Public and private school and other educational institutions certified by the Vermont Department of Education.
10. Churches, convents and parish houses
11. Public and private hospitals
12. Other similar uses which meet the intent of purpose statement upon finding by the Zoning Board that the use is of the same general character as those permitted and which will not be detrimental to the other uses within the District or to the adjoining land uses.
C. Dimensional Standards
1. Minimum lot size 5 acres
2. Minimum acreage for each dwelling unit or primary use building 5 acres
3. Lot frontage and lot width minimum 400 feet
4. Lot depth requirement 450 feet
5. Front yard minimum (measured from centerline of road) 80 feet
Minimum setback on Route 7 100 feet
6. Rear and sideyard setbacks 25 feet
7. Maximum height 35 feet
8. Maximum lot coverage 10%
Section 4.3
Conservation District (CON-25)
A. Purpose
The purpose of the conservation district is to protect high elevations, wetlands, wildlife, flood hazard areas and discourage development of remote, unserviced areas which are unsuitable for residential and commercial development. State and municipal preserves are also included in these areas. Many of these areas have limited road access and it is the plans policy not to provide such service. Land use permitted in this district should be compatible with the limitations of these areas, such as agriculture, forestry, non-commercial recreation use, hiking trails, which use does not create any erosion problems or harm any significant resources such as unique vegetation. Camps and single family residences shall receive site plan review in regard to sewage, water, access, frontage and scenic considerations. A minimum lot size of twenty-five (25) acres is required of these areas.
B. Conditional Uses
The following uses may be permitted in the CON-25 District as conditional uses by the Zoning Board in accordance with Article IX Section 9.4 of these bylaws.
1. Recreation, outdoor
2. Seasonal dwelling unit / Camp
3. One family dwelling, including specifically state licensed or registered residential care home or group home serving not more than six persons who are developmentally disabled or physically handicapped, except that no such home shall be considered as a permitted single-family residential use if it is located within 1,000 feet of another such home.
4. Accessory use A
5. Parking lot as an accessory use to outdoor recreation
6. Day care home, day care facility
7. Accessory apartment
8. Storage trailer
9. State or community owned and operated institutions and facilities
10. Public and private schools and other educational institutions certified by the Vermont Department of Education
11. Churches, convents and parish houses
12.
13. Other similar uses which meet the intent of purpose statement upon finding by the Zoning Board that the use is of the same general character as those permitted and which will not be detrimental to the other uses within the District or to the adjoining land uses.
C. Dimensional Standards
1. Minimum lot size 25 acres
2. Minimum acreage for each dwelling unit or primary use building 25 acres
3. Lot frontage and lot width minimum 500 feet
4. Lot depth requirement 500 feet
5. Front yard minimum (measured from centerline of road) 80 feet
Minimum setback on Route 7 100 feet
6. Rear and sideyard setbacks 25 feet
7. Maximum lot coverage 5%
Section 4.4
Highway Commercial District (HC-2)
A. Purpose
It is the primary policy of this district to provide an area to serve highway oriented businesses and highway uses. The size of the commercial uses should be restricted to protect the residential character and traffic access in this and adjoining districts. It is recommended that access to all highway commercial areas be limited in number, if practical, by use of multi-lot access roads, to promote safety and to ease traffic flow on public roads. A minimum lot size of two (2) acres is required for these areas.
B. Conditional Uses
The following uses may be permitted in the HC-2 District as conditional uses by the Zoning Board in accordance with Article IX Section 9.4 of these bylaws.
1. Carwash
2. Churches, convents and parish houses
3. Community facility
4. Club
5. Commercial parking lot
6. Enclosed accessory use
7. Accessory use A
8. Accessory use B
9. Gasoline station
10. Freight or trucking terminals
11. Indoor recreation facility
12. Laundromat
13. Mortuary
14. Motor Lodge
15. Motor vehicle, mobile home, trailer, farm implement or industrial equipment sales and service
16. One and two family dwellings
17. Public and private schools and other educational institutions and facilities
18. Public and private hospitals
19. Restaurant, Bar
20. Retail store
21. Storage trailer
22. State or community owned and operated institutions and facilities
23. Warehouse
24. Other similar uses which meet intent of purpose statement upon finding by the Zoning Board that such use is of the same general character as those permitted and which will not be detrimental to the other uses within the District or to the adjoining land uses.
C. Dimensional Standards
1. Minimum lot size 2 acres
2. Minimum acreage for each dwelling unit or primary use building 2 acres
3. Lot frontage and lot width minimum 200 feet
4. Lot depth minimum 300 feet
5. Front yard minimum 100 feet
6. Rear yard minimum 50 feet
7. Side yard minimum 25 feet
8. Building height maximum 35 feet
9. Lot coverage maximum 25%
Section 4.5 Industrial District (IND-2)
A. Purpose
It is the policy of this district to provide an area for limited growth of new light industry and the continuation of the present industrial uses. Industrial use should be subject to review to protect residential amenities. They should be located with easy access to highway and rail services. The size of the industrial uses should be restricted to protect the residential character in adjoining districts. It is recommended that access to all land areas be limited in number to promote safety and to ease traffic flow on public roads. A minimum lot size of two (2) acres is required for these areas.
B. Conditional Uses
The following uses may be permitted in the IND-2 district as conditional uses by the Zoning Board in accordance with Article IX Section 9.4 of these bylaws.
1. One family dwelling, including specifically state licensed or registered residential care home or group home serving not more than six persons who are developmentally disabled or physically handicapped, except that no such home shall be considered as a permitted single-family residential use if it is located within 1,000 feet of another such home.
2. Two family dwelling
3. Day care home
4. Enclosed light manufacturing industries
5. Warehouse
6. Public utility
7. Gasoline station
8. Enclosed service and repair
9. Freight and trucking terminal
10. Contractors yard
11. Public garage
12. Animal hospital or veterinary clinic, provided that animals are housed at least 200 feet from any residential district
13. Parking lot
14. Accessory use
15. Mine, quarry, sand, sub-soil or gravel pit
16. Day care facility
17. Accessory caretaker apartment
18. Storage trailer
19. Public utility power generating plants and transmission lines
20. Regional solid waste management facilities certified under 10 VSA Chapter 159
21. Hazardous waste management facilities for which a notice of intent to construct has been received under Section 6606(a) of Title 10
22. Other similar uses which meet the intent of purpose statement upon finding by the Zoning Board that the use is of the same general character as those permitted and which will not be detrimental to the other uses within the District or to the adjoining land uses.
C. Dimensional Standards
1. Minimum lot size 2 acres
2. Minimum acreage required for each dwelling unit
or primary use building 2 acres
3. Lot frontage and lot width minimum 200 feet
4. Lot depth minimum 300 feet
5. Front yard minimum 100
feet
6. Front
yard minimum on Route 7 between
Route 22A and the railroad tracks 200 feet
7. Rear yard minimum 50 feet or 100
feet from abutting residential districts
8. Side yard minimum 25 feet or 100 feet
from abutting residential districts
9. Building height maximum 35 feet
10. Lot coverage maximum 40%
Section 4.6
Shoreland District (SD-2)
A. Purpose
Generally this district includes concentrations of existing commercial and residential uses adjacent to large, substantially undeveloped tracts of land. It is recommended that development in this area be considered in the context of a PUD with detailed standards and conditions developed for adequate evaluation by the town. A minimum lot size of two acres is required for these areas. Many of these areas have limited road access and it is the plans policy not to provide such service. Land use permitted in this district should be compatible with the limitations of the area and not create any erosion problems or harm any significant resources such as unique vegetation. Camps and single family residences shall receive site plan review in regard to sewage, water, access, frontage and scenic considerations.
B. Conditional Uses
The following uses may be permitted in the SD-2 District as conditional uses by the Zoning Board in accordance with Article IX Section 9.4 of these bylaws.
1. One family dwelling, including specifically state licensed or registered residential care home or group home serving not more than six persons who are developmentally disabled or physically handicapped, except that no such home shall be considered as a permitted single-family residential use if it is located within 1,000 feet of another such home.
2. Two family dwelling
3. Camp / Seasonal Dwelling Unit
4. Agricultural and forest uses
5. Cemetary
6. Accessory use
7. Accessory use A
8. Accessory use B
9. Community facility
10. Club
11. Recreation, indoor and outdoor
12. Retail store
13. Gasoline and motor vehicle service station
14. Professional and business office
15.
16. Greenhouse
17. Nursery
18. Restaurant
19. Motor lodge
20. Day care home, Day care facility
21. Permanent boat hoists and launching ramps, permanent docks and stairways, manmade or improved beaches, shore stabilization, and retaining walls on the shoreline
22. Storage trailer
23. Personal service
24. State or community owned and operated institutions and facilities
25. Public and private schools and other educational institutions certified by the Vermont Department of Education
26. Churches, convents and parish houses
27. Public and private hospitals
28. Resort
29. Other similar uses upon finding by the Zoning Board that the use is of the same general character as those permitted and which will not be detrimental to the other uses within the District or to the adjoining land uses.
C. Dimensional Standards
1. Minimum lot size 2 acres
2. Minimum acreage for each dwelling unit or primary use building 2 acres
3. Lot frontage and lot width minimum 200 feet
4. Lot depth minimum 300 feet
5. Front yard minimum 80 feet
6. Rear and sideyard setbacks 25 feet
7. Building height maximum 35 feet
8. Lot coverage maximum 20%
Section 4.7
Village District (VIL-2)
A. Purpose
This district is comprised of uses that are appropriate for the mix of commercial and residential properties. The Village district is established to recognize the pre-existing mixed uses of land that appear along portions of Route 7. This is to allow for enhancement of existing residences and businesses and the addition of new low impact businesses. This type of zone will promote the future development that is in keeping with the character of the area. A minimum lot size of two (2) acres is required for these areas.
B. Conditional Uses
1. One family dwelling, including specifically state licensed or registered residential care home or group home serving not more than six persons who are developmentally disabled or physically handicapped, except that no such home shall be considered as a permitted single-family residential use if it is located within 1,000 feet of another such home.
2. Two family dwelling
3. Accessory use
4. Accessory use A
5. Accessory use B
6. Day care home
7. Expansion of pre-existing businesses with district guidelines
8. Conditional uses in the RR-2 District
9. Offices
10. Retail stores
11. Personal service establishments
12. Recreational facilities
13. Community facilities
14. Motor vehicle, recreational vehicle, farm implement, sports equipment sales and service
15. Club
16. Motor lodge
17. Mortuary
18. Enclosed accessory use
19. Restaurant
20. Bank or other financial service establishment
21. Storage trailer
22. PUD
23. Other commercial uses upon the findings of the Zoning Board that such use is of the same general character as those permitted and which will not be detrimental to the other uses within the district or to adjoining land.
C. Dimensional Standards
1. Minimum lot size 2 acres
2. Minimum acreage for each dwelling unit or primary use building 1 acre
3. Lot frontage and lot width minimum 200 feet
4. Lot depth minimum 300 feet
5. Front yard minimum 100 feet
6. Rear yard minimum 25 feet
7. Side yard minimum 25 feet
8. Building height maximum 35 feet
9. Lot coverage maximum 90%40%
ARTICLE V GENERAL BYLAWS
The provisions of these bylaws shall be subject to such additions, modifications or exceptions as herein provided by the following general regulations.
Section 5.1
Abandonment of Structures
Within one year after work on an excavation for a building has begun or within one year after a permanent or temporary structure has been destroyed, demolished or abandoned, all structural materials shall be removed from the site, and the excavation thus remaining shall be covered over or filled to the normal grade and seeded by the owner to prevent erosion.
Section 5.2
Accessory Uses and Buildings
An accessory use or building must conform to lot setback, lot coverage and building height requirements for the district in which it is located.
Section 5.3
Campers
It shall be unlawful for any person to park a camper except:
A. In an approved campground; or
B. In an approved camper sales lot; or
C. The owner of a camper may park it on his/her own property provided it is:
1. Parked behind the building front line of the principal building
2. Not used as permanent living quarters; and
3. Not hooked up to water or sewer utilities
Invitees may also park campers in the same manner as required of any owner on
his/her own property for a period of time not to exceed fourteen days.
Section 5.4
Construction Approved Prior to Adoption of, or Amendment to
Regulations
No permit shall be required for any building upon which construction has begun pursuant to a previously issued permit, prior to the effective date of these regulations, provided such construction is completed within one year from the date of such adoption.
The Town shall not require any change in the plans for, or construction of, a structure or use for which a zoning permit has been issued and which has subsequently been made non-complying or non-conforming by an amendment to these bylaws if the activities authorized by the zoning permit are completed while the permit is valid.
Section 5.5
Corner
Any yard adjoining a street shall be considered a front yard. A corner lot shall be considered to have only front yards and side yards.
Section 5.6
Dwelling Units Below Grade
The finished floor level of all rooms in every two-family and multiple-family dwelling unit shall be not more than one foot below finished grade level measured at a point ten feet outside and at right angles to each window lighting each room. Each such finished floor level shall have access leading outside the building.
Section 5.7
Existing Small Lots
Any lot in individual and separate and non-affiliated ownership from surrounding properties in existence on the effective date of zoning regulations adopted pursuant to the Municipal and Regional Planning and Development Act may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than one-eight acre in a area with a minimum width or depth dimension of forty feet.
Section 5.8
Extraction of Subsoil, Sand or Gravel
All removal of topsoil, subsoil, sand or gravel shall require a zoning permit. The removal of subsoil, sand or gravel for sale, including that which is incidental to construction of a building, pond, canal, conservation ditch or conservation practice, on the same premises, shall be a conditional use subject to Section 9.4. The removal of subsoil, sand or gravel which is not incidental to a construction project on the same premises shall be a conditional use and is allowed only in the Industrial District. The following provisions shall apply:
A. Before approval of any new sand or gravel operation, or extension thereof, a
performance bond shall be secured from the applicant sufficient to ensure that upon completion of the extraction operation the abandoned site will be left in a safe, attractive and useful condition in the interest of public safety and general welfare. The owner shall submit a plan of proposed improvements to accomplish this. The bond shall be sufficient to cover the cost of the plan.
B. The removal of all material shall be conducted so as to result in the improvement
of the land, having due regard to the contours in the vicinity such as leveling slopes and removing hills. The digging or creating of pits or steep slopes shall not be permitted, unless provision is made to refill such pit.
C. The excavation operation sites shall be graded smooth and left in a neat condition. Cut slopes and spoil banks shall not be allowed to remain. The operation site shall be fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion under the supervision and to the satisfaction of the Administrative Officer.
D. All surface drainage affected by excavation operations shall be controlled by the owner to prevent erosion debris and other loose materials from filling any drainage course, street or private property. All provisions to control natural drainage water shall meet with the approval of the Administrative Officer.
E. No excavation, blasting or stockpiling of materials shall be located within two hundred feet of any street or other property line.
F. No power-activated sorting machinery or equipment shall be located within three hundred feet of any street or other property line, and all such machinery shall be equipped with satisfactory dust elimination devices.
G. All excavation slopes in excess of 40% shall be adequately fenced as determined by the Administrative Officer.
H. Extension of an existing non-conforming operation shall not be permitted.
I. Removal of topsoil for sale or for use on other premises, except as may be incidental to a construction project on the site which the soil is being removed, shall be prohibited.
J. The Zoning Board may attach any additional conditions it may find necessary for the
safety and
general welfare of the public.
Section 5.9
Filling of Land
In any district a zoning permit is required for the depositing of rock, concrete, stone, gravel, sand, cinders, stumps and soil or other material used for the filling of land. The Administrative Officer may issue a permit provided the applicant demonstrates that the activity will not significantly alter existing drainage patterns, cause soil erosion or result in any hazard or expense to the community. State laws governing the filling of land must be adhered to.
Section 5.10
Freestanding Dishes and Antennas
The installation of freestanding dishes and antennas shall meet the minimum setback, lot coverage, and height requirements for the district in which it is located, and shall be permitted only in the rear yard of a dwelling or other building served. Alternative siting will be permitted by the Zoning Board if the following criteria are met:
A. Quality reception requires alternative siting
B. Screening that does not impair reception is used to minimize the visibility of the
installation from the public right-of-way and neighboring properties
Section 5.11
Gasoline Station or Motor Vehicle Service Stations
Gasoline or motor vehicle service stations shall comply with the following:
A. A gasoline station or motor vehicle service station lot shall not be located within three hundred feet of any school, hospital, library or religious institution.
B.
C.
D.
E. Pumps, lubrication and other service devices shall be located at least fifty feet from the street line and side and rear lot lines.
F. All fuel and oil shall be stored at least thirty-five feet from any property line.
G. All automobile parts and dismantled vehicles are to be stored within a building unless screened from public view.
H. No signs shall extend beyond the pumps, nor exceed eighteen feet in height.
I. There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be forty feet.
J. A suitable curbed landscaped area shall be maintained at least five feet in depth along all street frontage not used as driveway.
Section 5.12
Grading
No grading, cutting or filling shall be carried out in any district, which leaves the slope of the finished grade in excess of 50%.
Section 5.13
Height Restrictions
Through the conditional use review procedure, the Zoning Board may permit a structure to exceed the applicable building height maximum if the general standards of Section 9.4.A are met and if the structure or extension thereof is a steeple, bell tower, fire tower, antenna, monument, cooling tower, chimney, flagpole, electric transmission pole, wind energy conversion system or other similar structure meeting all other applicable requirements of these bylaws. Agricultural barns and farm silos are exempted from height restrictions.
Section 5.14
Home Occupations
No regulation herein is intended to infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in a residential area and which does not change the character thereof.
A zoning permit application may be submitted to the Zoning Administrator so that a determination can be made as to whether the proposed use is, in fact, a home occupation as defined by these bylaws.
Section 5.15
Accessory Use A Requirements
A. The accessory use shall be carried on by members of the family living on the
premises only.
C. No exterior displays or signs shall be permitted other than one sign not exceeding four square feet in total area.
D. No traffic shall be generated in greater volume than would be normally expected in the neighborhood.
E. Excessive noise, smoke, vibrations, dust, glare, odor, electrical interference or heat that is detectable at the boundaries of the premises shall be prohibited.
F. Parking shall be provided off street and shall be located in the side or rear yard.
G. No exterior storage of material shall be permitted.
H. If these requirements are all met, the Zoning Administrator may issue a permit, unless the use is deemed to be a conditional use as specified in Article IV, which may be appealed within fifteen days.
Section 5.16
Accessory Use B Requirements
A. The accessory use B may have employees other than family members.
B. The accessory use B may be carried on in the dwelling or in an accessory building.
C. The accessory use B shall have enough parking spaces as deemed necessary by the Zoning Board. Parking shall be in the rear or side lot. There shall be at least two parking spaces for family members.
D. The Zoning Board will set noise levels, outside lighting, or any other conditions that will insure that the character of neighborhood will not change.
E. The accessory use B, if conducted in an accessory building, should be at least 200 feet from the nearest neighboring residence.
F. There should be no substantial increase of traffic.
G. All materials shall be inside or screened from the road and neighbors.
H. It is the responsibility of the applicant to meet any state regulations.
I. All accessory use type B shall require Conditional Use approval from the Zoning Board.
Section 5.17
Interior Lots
Any lot which does not have frontage on either a public road or public waters shall have a minimum width equal to the minimum frontage specified for the district and minimum yard requirement for all yards equal to the side yard setback distance for lots in that district and shall meet minimum lot depth requirements for that district.
Section 5.18
Landscaping
Where any non-residential district abuts any residential district, a strip of land as least twenty five feet in width shall be maintained as a landscaped area in the front, side, or rear yards which abut the residential district.
The outdoor storage of trash shall be screened or hidden from public view and view of persons in residential districts. In commercial or industrial districts such storage shall be screened and located to the rear of the buildings.
Landscaping required by these regulations shall consist,
at a minimum, of evergreen trees, shrubs and protective ground cover. One evergreen tree at least ten feet in
height shall be planted no nearer than ten feet to any lot line for each three
hundred square feet of required landscaped area and shall be located to
minimize potential shading of south facing surfaces of adjacent residences or
solar energy systems. One shrub shall be
planted for each two hundred square feet of required landscaped area. Protective ground cover is required for the
entire landscaped area.
Section 5.19
Lots In Two Zoning Districts
Where a district boundary line divides a lot of record at the time such line is adopted, the regulations for the less restricted part of such lot shall extent not more than thirty feet into the more restricted part.
Section 5.20
Lots Located On Public Waters
On lots located on public waters there shall be no building construction within 80 feet of mean water line (95.5 feet)
Section 5.21
Planned Residential Development (PRD)
In accordance with the provisions set forth in 4407(3) of the Act, and in those districts in which residential uses are allowed, the modification of the district regulations by the Planning Commission is permitted simultaneously with approval of a site plan under the following procedures:
A. Purpose
The purpose of the planned residential development (PRD) provisions is to encourage preservation of forestry and agricultural lands by allowing flexibility of design and development of land in such a manner as to promote the most appropriate use of land. To facilitate the adequate and economic provision of streets and utilities, to preserve the natural and scenic qualities of open land, to provide for a mixture and variety of housing types at different densities.
B. Application procedure
The applicant shall follow procedure for a major subdivision and provide a written statement setting forth the nature of all proposed modifications, changes or supplementation of existing zoning regulations. (See major subdivision application and approval procedures.)
C. General Standards for Review
The following general standards shall be met in order for the Planning Commission to approve the application:
1. The PRD is consistent with the municipal plan.
2. The overall density of the project does not exceed the number of dwelling units which could be permitted, in the Planning Commissions judgement, if the land (excluding the area within the boundaries of any proposed road) were subdivided into lots in accordance with the district regulations and other relevant provisions of these bylaws.
3. The uses proposed for the project are residential; dwelling units may be of varied types, including one-family, two-family or multifamily construction.
4. The PRD is an effective and unified treatment of the development possibilities of
the site and the development plan makes appropriate provision for preservation of streams, and stream banks, steep slopes, wet areas and unique natural and man-made features.
5. The development plan is proposed over a reasonable period of time in order that
adequate municipal facilities and services may be provided.
6. Where possible, buildings shall be sited so as to take advantage of southeast, south or southwest orientations. No building in the development shall cast shadows which will preclude the proposed or potential use of solar energy collectors which are located upon and/or within the most southerly facing wall or roof of any other dwelling unit within the development, except where topographical conditions make compliance unreasonable.
7. Any modification of the zoning regulations approved under this section shall be
specifically set forth in terms of standards and criteria for the design, bulk and spacing of buildings and the sizes of lots and open spaces which shall be noted on or appended to the application.
8. Any open space land will be evaluated as to its agricultural, forestry and
ecological quality.
D. Specific Standards for Review
The following specific standards shall be met in order for the Planning Commission to approve the application:
1. District regulations on height and spacing between main buildings shall be met.
2. To ensure adequate privacy for existing or proposed uses adjacent to the PRD,
structures on the perimeter of the PRD shall be set back 50 feet and screening may
be required.
3. Adequate water supply and sewage disposal facilities shall be provided.
4. Each dwelling unit shall have a minimum two acre lot exclusively associated with
it and must comply with the specific standards set forth in Section 4.1 and 4.2 of
these bylaws, excluding the lot depth requirement.
5. The minimum acreage for a PRD shall be 25 acres and a minimum of 60% of the
total parcel shall remain undeveloped.
E. Open Space
If the PRD results in lands available for parks, recreation, open space or other municipal purposes the Planning Commission as a condition of its approval may establish such conditions as to the ownership, use and maintenance of such land as it deems necessary to assure the preservation of such lands for their intended purposes.
Section 5.22 Planned Unit Developments
In accordance with the provisions set forth in Section 4407(12) of the Act, the modification of the district regulations by the Planning Commission is permitted in the Shoreland District (SD-2) simultaneously with approval of a site plan under the following procedures: (This site plan approval is permitted simultaneously with major subdivision approval under Ferrisburghs major subdivision regulations.)
A. Purpose
The purpose of the planned unit development is to encourage new
communities, innovation in design and layout and more efficient use of land.
B. Application Procedures
The applicant shall follow the procedures established for major subdivision approval set forth in ARTICLE 11 of the Ferrisburgh Subdivision Regulations and shall, in addition to the requirements set forth therein, submit a statement setting forth the nature of all proposed modifications, changes or supplementation of existing zoning regulations and a statement setting forth the proposed use and maintenance of open lands.
C. General Standards
The following general standards shall be met in order for the Planning Commission to approve the application:
1. The PUD is consistent with the Town Plan and all applicable bylaws.
2. The overall residential density of the project does not exceed the number of dwelling units which could be permitted in the Planning Commissions judgment, if the land were subdivided into lots in accordance with the district regulations.
3. The uses proposed for the project are permitted or conditional uses for the district in which the project is proposed.
4. The PUD is an effective and unified treatment of the development possibilities of the project site, and the development plan makes appropriate provisions for preservation of streams, stream banks, steep slopes, wet areas, and unique natural and man-made features.
5. The development is proposed at a reasonable scale and over a reasonable period of time in order that adequate town facilities and services may be provided.
6. Any modification of the zoning regulations approved under this section shall be specifically set forth in terms of standards and criteria for design, bulk and spacing of buildings and the sizes of lots and open spaces which shall be noted or appended to the application.
7. The proposal provides for appropriate allocation, distribution and maintenance of open space lands and agricultural or forest lands; this may include the granting of protective easements or covenants to the Town for undeveloped areas of the PUD.
8. The proposal must provide for economy, efficiency and safety of road, parking, unloading and utility installation, construction and maintenance.
D. Specific Standards for Review
The following specific standards shall be met in order for the Planning Commission to approve the application:
1. District regulations on height and spacing between main buildings and lot coverage maximum shall be met.
2. To ensure adequate privacy for existing and proposed uses adjacent to the PUD, structures on the perimeter of the PUD shall be set back at least 80 feet or the setback required in the district, whichever is greater, and landscaping as described in Section 5.16 shall be required.
3. Adequate water supply and sewage disposal facilities shall be provided.
4. The land in a PUD application shall not be less than twenty-five (25) acres.
5. No roadway shall have a grade at any point in excess of 10 percent.
6. Specific requirements of these regulations relating to parking, access, landscaping and signs shall be minimums for PUDS; the Planning Commission may increase these minimums as necessary to prevent fire hazards and interference with rights of neighboring property owners to reasonable enjoyment of their property.
Section 5.23 Projection in Yards
Every part of a required yard shall be open from grade level to the sky unobstructed, except for vegetation and for the ordinary projections of sills, cornices, pilasters, chimneys and eaves, provided that no such projections may extend more than two feet into any required yard. Additionally, certain architectural features needed for the operation of active and passive solar energy systems, including but not limited to overhangs, detached solar collectors, reflectors and piping may be permitted by the Zoning Board to project into the required yard if conformance with yard requirements will cause undue expense or unusual difficulties.
Section 5.24 Public Utility Substations
Public utility substations and similar utility structures, where permitted, shall comply with the following:
A. The facility shall be surrounded by a fence which is set back from the property lines in conformance with the district regulations for front, side and rear yards.
B. A landscaped area at least twenty-five feet wide shall be maintained in front, rear and side yards.
Section 5.25
Reduction of
No lot shall be so reduced in area that the area, yards, frontage, coverage or other requirements of these regulations do not conform to the requirements herein prescribed for each district. The provisions of this section shall not apply when part of a lot is taken for a public purpose.
Section 5.26 Required Area of Yards
Space required under these regulations to satisfy area, yard or other open space requirements in relation to one building shall not be counted as part of a required open space for any other building.
Section 5.27 Required Frontage on, or Access to, Public Roads or Public Waters
No land development may be permitted on lots which do not have either frontage on a public road (including Class 4 roads known as legal trails) or public waters, or, with the approval of the Planning Commission, access to such a road or waters by a permanent easement or right-of-way at least 60 feet in width.
Section 5.28 Roadside Agricultural Stands
Temporary roadside stands for the sale of agricultural products raised on the property may be erected provided that:
A. No stand shall be closer to any lot line than twenty feet.
B. Off-street parking space shall be provided for at least two motor vehicles.
C. Access to or egress from any stand shall not create a traffic hazard.
Section 5.29 Solar and Wind Energy Systems
A solar energy system, whether as a part of a building or incidental to a building, is a permitted accessory use within all districts. A wind energy conversion system is a conditional use with the Zoning Board considering the following criteria in addition to the general standards specified in Section 9.4.
A. Climbing access to the tower shall be restricted.
B. For rotors 20 feet in diameter or less, a setback from all lot lines shall be 275 feet minus 11 feet for each foot of rotor diameter less than 20 feet.
C. For rotors larger than 20 feet in diameter, a setback from a lot line shall be 275 feet plus 6 feet for each foot of rotor diameter greater than 20 feet.
Section 5.30 Storage of Flammable Liquids
The storage of any highly flammable liquid in tanks above ground with unit capacity greater than five hundred fifty gallons shall be prohibited, unless such tanks up to and including ten thousand gallon capacity are placed not less than eighty feet from all property lines, and unless all such tanks of more than ten thousand gallon capacity are placed not less than two hundred feet from all property lines.
All tanks having a capacity greater than five hundred and fifty gallons shall be properly retained with dikes having a capacity not less than one and one-half times the capacity of the tanks surrounded.
Section 5.31 Temporary Uses and Structures
Temporary permits may be issued by the Administrative Officer for the period not exceeding one year after approval by the Zoning Board for non-conforming uses incidental to construction projects, provided such permits are conditioned upon agreement by the owner to remove the structure or use upon expiration of the permit. such permits may be renewed upon application for an additional period not exceeding one year.
ARTICLE VI TRANSPORTATION, ACCESS, SAFETY AND
PARKING.
Section 6.1 Parking
No parking of motor vehicles shall be allowed in setback areas. Commercial parking lots adjacent to residential uses shall be set back at least 50 feet from the property line and shall be screened so as not to cause a nuisance.
Section 6.2 Off-Street Parking Space Requirements
For every building hereafter erected, altered, extended or changed in use, there shall be provided off-street parking spaces at least as set forth below. A required driveway shall be at least twenty feet clear in width, except for one-family and two-family uses.
A. Residential Uses: One-family and two-family dwelling units: two parking spaces for every unit. Multiple-family dwelling units: Four parking spaces for every three units.
B. Motor Lodge, Tourist Home: One space for every guest room.
C. Residential Health Care Facility: One space for every two beds.
D. Community Center: One parking space for every four seats, or every two hundred square feet of floor space, whichever is more.
E. Professional Office: One parking space, plus one additional parking space for every two hundred square feet of floor space.
F. Commercial, Business and Unspecified Uses: One parking space for every motor vehicle used in business, plus every two hundred square feet of floor area.
Section 6.3 Access Permit
Any activity for which a zoning permit is required and which involves the construction or modification of a driveway intersection with a public right-of-way shall obtain an access permit from the Board of Selectmen prior to the issuance of a zoning permit. The Selectmen may attach conditions to the access permit with respect to the design, construction, landscaping or location of such driveways in order to ensure safety, provide access by emergency vehicles and minimize traffic difficulties, specific standards may be set by the Board of Selectmen. State highways require an access permit from the Agency of Transportation.
Section 6.4 Obstruction of Vision
On a corner lot, within the triangular area formed by the intersection of two roads and a line joining them at points twenty-five feet away from their intersection, there shall be no obstruction to vision between the height of three feet and ten feet above the average grade of each street.
ARTICLE VII SIGNS
Section 7.1 General
No signs shall be permitted without meeting the following criteria:
A. Will not be a detriment to public safety or welfare.
B. Be of a character, size and location that will be in harmony with the orderly development of the district.
C. Be of a character, size and location that maintains a presence secondary to the principal structure of the property. In the case of three-dimensional signs, the calculated area shall be the total surface area of the three-dimensional sign as viewed from the public way.
Section 7.2 Traffic, Hazard, Safety and Obstruction
Every sign shall be designed and located in such a manner as to:
A. Not impair public safety, traffic flow or roadway visibility
B. Not restrict clear vision between a sidewalk and street
C. Not be confused with any traffic sign or signal
D. Not prevent free access to any door, window or fire escape
E. Withstand
a wind pressure load of at least thirty pounds per square foot
Section 7.3 Road Setback Requirement
The road setback requirement of all proposed sign locations must be judged by the Administrative Officer or Zoning Board to be sufficient to comply with the provisions of Section 7.1 and 7.2.
Section 7.4 Illuminated and Flashing Signs
Signs may be illuminated by a steady light provided that such lighting will not illuminate or reflect onto other properties.
Flashing, oscillating or revolving signs shall not be permitted, unless necessary for public safety or welfare.
Section 7.5 Off-Premise Signs
Any sign located elsewhere than upon the lot containing the subject of the sign shall conform to State Statute and regulation.
Section 7.6 Signs in Residential, Conservation and Shoreline Districts
The following signs are permitted when located on the immediate property:
A. One professional or home occupation sign, not exceeding four square feet
B. One temporary real estate sign, not exceeding six square feet
C. Signs identifying any non-residential building or use permitted in residential districts, not exceeding a total of twenty square feet
D. Directional or information sign, not exceeding four square feet
E. Signs necessary for public safety or welfare
Section 7.7 Signs in Commercial, Village and Industrial Districts
The following signs are permitted when located on the immediate property:
A. Signs up to a total of fifty square feet are permitted as long as the Administrative
Officer judges them to be in compliance with Sections 7.1 and 7.2
B. Any sign proposal in excess of fifty square feet shall require Conditional Use Review
Section 7.8 Wall, Projecting, Ground and Roof Signs
Wall signs shall not exceed the highest point of the buildings roof. Projecting signs shall not extend beyond the street line and/or not extend more than four feet from the building wall, shall not exceed eighteen feet in height above finished grade and not be less than ten feet above the surface of a public walkway area. Ground signs shall not exceed eighteen feet in height above the finished grade. Roof signs shall not exceed the highest point of the buildings roof ridge.
Section 7.9 Computation of Permissible Outdoor Signs Area
When computing the total permissible sign area for any use:
A. Existing signs shall be included.
B. Signs consisting of freestanding letters, numerals or other devices shall include any intervening spaces between them.
C. Only the larger faced area of a double-faced
sign shall be used.
ARTICLE VIII PERFORMANCE STANDARDS
No land or building in any zoning district shall be used or occupied in any manner, nor shall a permit be issued, so as to create dangerous, injurious, noxious or otherwise objectionable conditions in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area of adjoining properties. The following specific standards are set forth to implement this purpose. The burden of proof that the following standards are met shall be on the applicant.
Section 8.1 Noise
No noise which is excessive at the property line and represents a significant increase in noise levels in the vicinity of the development so as to be incompatible with the reasonable use of the surrounding area shall be permitted. Specifically, the sound pressure level should not exceed seventy decibels at the property line at any time, except for agricultural uses.
Section 8.2 Glare, Lights and Reflection
No glare, lights or reflection shall be permitted which are a nuisance to other property owners or tenants or which could impair the vision of a driver of any motor vehicle or which are detrimental to public health, safety and welfare. However, reflections from solar energy collectors which are part of an operating solar energy system shall not be considered a nuisance to other property owners and tenants.
Section 8.3 Fire, Explosive and Safety
No fire, explosive or safety hazard shall be permitted which significantly endangers other property owners or which results in a significantly increased burden on municipal facilities.
ARTICLE IX PERMITS AND APPROVALS
Section 9.1 Zoning Permit
No land development may commence without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these Bylaws and the provisions of the Vermont Planning and Development Act. In order for an application to be deemed complete, applicant must submit a completed application form supplied by the Zoning Administrator; all fees, plot plans and required supplementary information shall be included.
All activities authorized by the
issuance of a permit shall be substantially commenced within one year of its
date of approval or the zoning permit shall become null and void and
reapplication to complete any Land Development activities shall be
required. Upon request by the applicant,
the Zoning Administrator may renew a permit for one-year periods, provided the
request is made while the permit is still valid and the circumstances under
which the original permit was issued have not materially changed.
Section 9.2 Certificate of Occupancy
It shall be unlawful to use or occupy or permit the use or occupancy of any land or structure, or part thereof, created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, unless a Certificate of Occupancy has been issued therefore by the Administrative Officer stating that the proposed use of the land or structure conforms to the approved plans and specifications and the requirements and provisions of these Bylaws. Does not apply to an accessory building.
1. Permit Exemptions. The following enumerated activities shall not constitute land development for the purposes of requiring land owner(s) to obtain a permit under these Bylaws:
A. A residential fence or wall less than four feet high or any landscaping which does not
interfere with corner visibility at a highway intersection or corner.
B. A residential terrace, patio, steps, handicapped ramp or deck smaller than 144 square
feet at the ground level.
C. A dog house, or childs play house or tree house or a shed or similar structure with a
floor area of not more than 64 square feet and a height of not more than 10 feet and
not attached to the ground or having a permanent foundation, may be located within
any required yard, except the front yard, but not closer than 5 feet from any property
line. Only one such structure per property shall be deemed exempt.
D. A pond provided the pond does not affect drainage on other properties.
E. Small above ground swimming pools which are three feet or less in depth.
F. Routine repair and maintenance of a structure which does not change the use of the
structure. For example: new siding, new roofing, door or window replacement and
other similar work.
2. Setback Exemptions. The following enumerated structures shall be exempt from
setback requirements:
A. Boat Launches, Docks, Boat Hoists, Steps and any necessary structure to allow access
to
Section 9.3 Revocation of Zoning Permits and Approvals
The Administrative Officer may declare a Zoning Permit invalid when the officer finds that the application contained any misrepresentation or material inaccuracies.
Section 9.4
Conditional Uses
In any district, a conditional use may be permitted, enlarged or altered only upon approval of the Zoning Board, after public notice and public hearing and after determination that the proposed use will conform to the standards specified in these bylaws. The Zoning Board shall review the proposed use for compliance with all applicable standards as contained in these regulations. This review shall specifically include consideration of the stated purpose of the district in which the proposed use is to be located. In granting such conditional use, the board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of these bylaws and the Act.
A. General Standards: The Zoning Board shall determine that the proposed use will not adversely affect:
1. The capacity of existing or planned community facilities.
2. The character of area affected.
3. Traffic on the roads and highways in the vicinity.
4. The Town Plan and bylaws in effect.
5. Utilization of renewable energy resources.
6. The appropriate use or development of adjacent property.
B. Specific Standards: In permitting a conditional use, the Zoning Board may impose, in addition to the standards expressly specified by this Bylaw, other conditions found necessary to protect the best interests of the surrounding property, the neighborhood or the town as a whole. These conditions may include among others:
1. Minimum lot size.
2. Distance from adjacent or nearby uses, limiting the coverage or height of buildings because of obstruction to views, vistas, natural areas, wildlife habitat, productive woodlands, historic sites and agricultural land.
3. Obnoxious or excessive noise, smoke, vibration, dust, glare, odors, electrical interference or heat that is detectable at the boundaries of the lot; or other form of air pollution, heat, cold, dampness, electromagnetic or other disturbance, glare, liquid or solid refuse or waste; or create any dangerous, injurious, noxious, fire, explosive or other hazard.
4. Minimum off-street parking and loading facilities.
5. Landscaping and fencing.
6. Design and location of structures and service areas.
7. Size, location and design of signs.
Section 9.5 Non-conforming Uses and Non-complying Structures
Any non-conforming use or non-complying structure may be continued indefinitely, but:
A. Shall not be changed to another non-conforming use without approval by the Zoning Board, and then only to a use which, in the opinion of the Board, is of the same or of a more conforming nature.
B. Shall not be re-established if such use has been discontinued for a period of at least two years or has been changed to, or replaced by, a conforming use. Intent to resume a non-conforming use shall not confer the right to do so. If a non-conforming use is not re-established within two years, the future use of the lot or structure shall be in conformance with the provisions of these bylaws.
C. Shall not be restored or reconstructed for other than a conforming use after damage from any cause unless such non-conforming use is reinstated by the commencement of construction within three years, and approval is obtained from the Zoning Board. Otherwise, the nonconforming use of such structure shall be deemed to have been discontinued.
D. Shall not be moved, extended or enlarged unless the Zoning Board shall find that such movement, extension or enlargement:
1. Does not create a greater nuisance or detriment, and
2. Is consistent with the objectives and intent of the Town Plan, and
3. Is in conformity with the area, yard, coverage, height and general regulations of the applicable district.
Nothing is this section shall be deemed to prevent normal maintenance and repair of a non-complying structure provided that such action does not increase the degree of non-compliance.
With regard to non-conforming uses and non-complying structures, the Zoning Board may make findings, hold hearings and attach conditions as deemed necessary.
ARTICLE X ADMINISTRATION AND ENFORCEMENT
Section 10.1 Administration and Enforcement
An Administrative Officer shall be appointed, for a term of three years, by the Planning Commission with the approval of the Board of Selectmen, as provided for in Section 4442 of the Act.
The Administrative Officer shall administer the Bylaws literally, and shall not have the power to permit any land development which is not in conformance with these Bylaws.
Section 10.2 Appeals
Pursuant to Section 4464 of the Vermont Planning and Development Act, an interested person may appeal a decision of the Administrative Officer before the Zoning Board. Such appeal shall be filed, processed and heard in conformance with the provisions of the Vermont Planning and Development Act.
On appeal wherein the relief requested by the applicant is a variance from the provisions of these bylaws or for a structure which is not primarily a renewable energy resource structure, the Zoning Board may grant such variance after public hearing, only if all of the following facts are found affirmatively and these findings are specified in its decision:
A. That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulations in the neighborhood or district in which the property is located.
B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. That such unnecessary hardship has not been created by the appellant.
D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan.
When an appeal is filed, it shall be the duty of the Administrative Officer to notify the
Planning Commission and Zoning Board of such action, and to keep the Planning Commission and Zoning Board advised as to the progress of the appeal.
Section 10.3 Fees
The Board of Selectmen shall, by resolution, establish and from time to time amend a schedule of fees and related policies to cover all or a portion of the towns cost of administration and enforcement. The validity of any permit shall be contingent upon payment of such fees in accordance with the fee schedule and policy.
Upon submission of an application, the Zoning Board may determine that it needs the assistance of an independent consultant or consultants to evaluate the application. Upon making such a determination, it may hire independent consultants, the reasonable costs of whose services shall be paid for by the applicant. Upon such determination, the applicant shall place in escrow sufficient funds to cover such costs, as estimated by said independent consultant. These consultants shall be qualified professionals with an appropriate combination of training, record of service and/or certification in the related field.
Section 10.4 Penalties
Violations of these bylaws shall be prosecuted in accordance with Section 4444 and Section 4445 of the Act, as may be amended from time to time.
Section 10.5 Zoning Board of Adjustment
In accordance with Title 24 VSA CH 117 Subchapter 8 there is hereby established a Zoning Board of Adjustment which shall be referred herein and hereafter known in Ferrisburgh as the Zoning Board. All members shall be appointed by the Board of Selectmen for a three year term.
Vacancies on the Zoning Board shall be filled by the Board of Selectmen by appointment for the expired term.
Section 10.6 Powers
The Zoning Board shall have the following powers in addition to all others granted by the statute of these bylaws:
A. To hear and decide appeals from any decision or act taken by the Administrative Officer.
B. To hear, grant or deny applications for conditional use permits upon which the Zoning Board is required to pass under these bylaws.
C. On appeal, to hear, grant or deny requests for variances.
Except as provided herein, the Zoning Board does not have the power to amend, alter
or
invalidate the affect of any development plan, bylaw, regulation, rule or
ordinance of the Town of
ARTICLE XI FLOOD HAZARD AREA REGULATIONS
Section 11.1 Statutory Authorization
To effect the purposes of 10 VSA Chapter 32 and in accord with the Vermont Planning and Development Act, 24 VSA, Chapter 117 Section 4405, 4407(9), 4410 or 4412, there are hereby established zoning regulation for areas of special flood hazard in the town of Ferrisburgh.
Section 11.2 Statement of Purpose
It is the purpose of these regulations to promote the public health, safety and general welfare, to prevent increases in flooding caused by the uncontrolled development of lands in areas of special flood hazard, and to minimize losses due to floods by:
A. Restricting or prohibiting uses that are dangerous to health, safety or property in times of flood or cause excessive increase in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including public facilities that serve such uses, shall be protected against flood damage at the time of initial construction;
C. Protecting individuals from buying lands that are unsuited for their intended purposes because of flood hazard.
Section 11.3 Lands to Which These Regulations Apply
These regulations shall apply to all lands in the Town of
Section 11.4 Official Flood Hazard Area Map
The Official Flood Hazard Area Map shall consist of the FEMA Flood Insurance Study, including the Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps. The Official Flood Hazard Area Map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be part of these regulations.
Section 11.5 Interpretation of District Boundaries
The Administrative Officer shall determine the boundaries of any designated area of special flood hazard by utilizing the base flood elevation data contained in the Flood Insurance Study or, in the absence of such data, by obtaining, reviewing, and reasonably utilizing any base flood elevation data available from a federal or state agency. Appeals with respect to a boundary interpretation shall be made by filing a notice with the Secretary of the Zoning Board within fifteen days of the decision or act.
Section 11.6 Permitted Uses
Upon issuance of a permit by the Administrative Officer, the following open space uses shall be permitted within the area of special flood hazard to the extent that they are not prohibited by any other ordinance and provided that they do not require the erection of structures or the storage of materials and equipment, the borrowing of fill from outside the flood hazard area, or channel modification or relocation, and do not obstruct flood flows, affect the water-carrying capacity of the regulatory floodway or channel, or increase offsite flood damage potential.
A. Agricultural uses, such as general farming, pasture, orchard grazing, outdoor plant nurseries, truck farming and forestry.
B. Recreation uses, such as parks, camps, picnic grounds, tennis courts, golf courses, golf driving ranges, archery and shooting ranges, hiking and riding trails, hunting and fishing areas, game farms, fish hatcheries, wildlife sanctuaries, nature preserves, swimming areas and boat launching sites.
C. Accessory residential uses, such as lawns, gardens, parking areas and play area.
Section 11.7 Conditional Uses
All new construction, substantial improvement and development uses prescribed by the Town of Ferrisburgh Zoning ordinance that do not meet the requirement of Section 11.6 and fall within the designated area of special flood hazard are permitted only upon the granting of a conditional use permit by the Zoning Board in accordance with the procedures and requirements of Section 11.10, 11.11 and 11.12 of these regulations.
Section 11.8 Permit Requirements and Application Procedures
Permits are required for all proposed new construction, substantial improvements and other developments, including the placement of manufactured homes, within all lands to which these regulations apply.
All zoning permit applications shall be submitted to the Administrative Officer, on forms furnished by this Officer, who shall determine, on application, whether or not the proposed development is located within the area of special flood hazard by the procedures established in Section 11.5 of these regulations.
If the proposed use will be located in the areas of special flood hazard and meets the requirements of Section 11.6 of these regulations, the administrative officer shall issue a permit. if the proposed use does not meet the requirements of Section 11.6, the Administrative Officer shall refer all applicants to the Secretary of the Zoning Board.
Section 11.9 Records
The Administrative Officer shall maintain a record of:
A. the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new construction or substantial improvement of structures and whether or not such structures contain a basement; and
B. the elevation, in relation to mean sea level, to which such structures have been flood proofed.
Section 11.10 Conditional Use Review Procedures
A. Upon receiving an application for a conditional use permit under these regulations, the Zoning Board shall, prior to holding a hearing and rendering a decision thereon, obtain from the applicant:
1. Base flood elevation data for all subdivisions and other proposed new developments greater than 5 lots or 5 acres, whichever is the smaller;
2. The elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new construction or substantial improvement of structures;
3. Where flood proofing is proposed in lieu of elevation, the elevation, in relation to mean sea level, to which any structure or substantial improvement will be flood proofed;
4. Certification from a registered professional engineer or architect that the designed
and proposed method of construction of buildings to be flood proofed is in
accordance with accepted standards of practice for meeting the flood proofing
criteria of
Section 11.12.L.1 of these regulations
5.
A description
of the extent to which any watercourse will be altered or relocated as a result
of the proposed development.
B.
In addition,
the Zoning Board shall require such of
the following information as it deems necessary for determining the suitability
of the particular site for the proposed use:
1.
Plans in
triplicate, drawn to scale, showing the location, dimensions, contours and
elevation of the lot; the size and location on the site of existing or proposed
structures, fill or storage of materials; the location and elevations of
streets, water supply and sanitary facilities; and the relation of the above to
the location of the channel, floodway and base flood elevation.
2.
A typical
valley cross-section showing the channel of the stream, elevation of land areas
adjoining each side of the channel and cross-sectional areas to be occupied by
the proposed development.
3.
A profile
showing the slope of the bottom of the channel or flow line of the stream.
4.
Specifications
for building construction and materials, flood proofing, mining, dredging,
filling, grading, paving, excavation, or drilling, channel improvement, storage
of materials, water supply and sanitary facilities.
C.
In unnumbered A zones, the Zoning Board shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a
federal, state or other source as criteria for approval of all land development
under Section 11.12.
D.
The Zoning
Board shall notify adjacent communities and the Vermont Department of Water
Resources prior to approval of an alteration or relocation of a watercourse and
shall submit copies of such notifications to the FEMA Administrator.
E.
The Secretary
of the Zoning Board shall transmit one copy of the information required by
subsections 910(1) and 910(2) to the Vermont Department of Water Resources in
accordance with 24 VSA Section 4409(c)(2)(A).
F.
In reviewing
each application, the Zoning Board shall consider the evaluation of the Vermont
Department of Water Resources and shall determine that the proposed use will
conform to the development standards of Section 912 of these regulations.
G.
In accordance
with 24 VSA, Section 4409(C)(2)(A), no permit may be
granted for new construction or the development of land in any area designated
as a flood plain by the Vermont Department of Water Resources prior to the
expiration of a period of thirty days following the submission of a report to
the Vermont Department of Water Resources under Section 910(5) above.
Section 11.11 Considerations by the Zoning Board
In reviewing each application, the Zoning Board shall
consider:
A.
The danger to
life and property due to increased flood heights or velocities caused by
encroachments;
B.
The danger that
materials may be swept onto other lands or downstream to the injury of others;
C.
The proposed water
supply and sanitation systems and the ability of these systems to prevent
disease, contamination and unsanitary conditions under conditions of flooding;
D.
The
susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owners;
E.
The importance
of the services provided by the proposed facility to the community;
F.
The necessity
to the facility of a waterfront location;
G.
The
availability of alternative locations not subject to flooding for the proposed
use;
H.
The
compatibility of the proposed use to existing development and development
anticipated in the foreseeable future;
I.
The
relationship of the proposed use to the proposed comprehensive plan, insofar as
it has been developed;
J.
The safety of
access to the property in times of flood of ordinary and emergency vehicles;
K.
The expected
heights, velocity, duration, rate of rise and sediment transport of the flood
waters expected at the site;
L.
The costs of
providing governmental and public facilities and services during and after
flooding;
M.
Such other
factors as are relevant to the purposes of this ordinance.
Section 11.12 Conditions Attached to Conditional Use
Approval
As a condition of approval, the Zoning board shall
specifically require that:
A.
All new construction
or substantial improvement of any residential structure shall have the first
floor and basement floor elevated to or above the base flood elevation;
B.
All new
construction or substantial improvement of nonresidential structures shall have
the lowest floor, including basement, elevated to or above the base flood
elevation, or be flood proofed below the base flood level so that the structure
is watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy;
C.
All new
construction and substantial improvements with fully enclosed areas below the
lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of flood waters. Designs for
meeting this requirement must be either be certified by a registered
professional engineer or architect or meet or exceed the following minimum
criteria: A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding
shall be provided; the bottom of all
openings shall be no higher than one foot above grade; openings may be equipped with screens,
louvers, valves or other coverings or devices provided that they permit the
automatic entry and exit of flood waters:
D.
Structures
shall be (1) designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure during the occurrence
of the base flood, (2) be constructed with materials resistant to flood damage,
(3) be constructed by methods and practices that minimize flood damage, and (4)
be constructed with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding;
E.
Development
within the floodway is prohibited unless a registered professional engineer
certifies that the proposed development will not result in any increase in
flood levels during the occurrence of the base flood;
F.
All new and
replacement water supply systems shall be designed so as to minimize or prevent
the infiltration of flood waters into the system;
G.
All new and
replacement sanitary sewage systems shall be designed and located so as to
minimize or prevent the infiltration of floodwaters into the systems and
discharges from the systems into the floodwaters;
H.
All onsite
waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding
I.
New and
replacement manufactured homes shall be elevated on properly compacted fill
such that the top of the fill (the pad) under the entire manufactured home is
above the base flood elevation;
J.
All necessary
permits shall be obtained from those governmental agencies from which approval
is required by federal or state law;
K.
The flood
carrying capacity within any altered or relocated portion of a watercourse
shall be maintained;
L.
All land
development shall be reasonably safe from flooding and that;
1.
All public
utilities and facilities serving subdivisions, such as sewer, gas, electrical
and water systems be located and constructed to minimize or eliminate flood
damage, and;
2.
Adequate
drainage be provided within subdivisions to reduce
exposure to flood hazards.
3.
Upon
consideration of those factors in Section 11.11, and the purposes of these regulations,
the Zoning Board shall attach such additional conditions to the granting a
permit as are necessary to meet the purposes and flood hazard area management
requirements of these zoning regulations.
Section 11.13 Time for Acting on Application
The Zoning Board shall hold a properly warned hearing
within 30 days of receiving an application, and shall act on such application
in a manner described in Section 11.11 and 11.12 within 30 days of the final
hearing, subject to the limitations of Section 11.10(G) of these regulations.
A copy of the public notice shall be mailed to the
applicant at least 15 days prior to the hearing date.
Section 11.14 Issuance and Transmission of Permits
Upon granting a permit, the Zoning Board shall send to
the applicant, by certified mail, a copy of the decision. Copies of the decision shall also be mailed
to every person appearing and having been heard at the hearing, to the
Administrative Officer, who shall forthwith issue a permit, and to the Town
Clerk as a part of the public records.
Section 11.15 Effective Date
A permitted use permit shall take effect 15 days from the
date of issuance.
Conditional use permits shall take effect upon
adjudication by the Zoning Board.
Section 11.16 Appeals
An interested person, as defined in 24 VSA, Section
4464(b), may appeal a decision of the Zoning Board to the Environmental Court
in accordance with the provisions of 24 VSA Section 4471.
Section 11.17 Variances
Variances
shall be granted by the Zoning Board only:
A.
In accordance
with the provisions of 24 VSA Section 4468
B.
Upon a
determination that during the base flood discharge the variance will not result
in increased flood levels in the designated regulatory floodway, threats to
public safety, extraordinary public expense or create nuisances, cause fraud on
or victimization of the public, or conflict with existing local laws or
ordinances
.
The
Secretary of the Zoning Board shall notify the applicant that the issuance of a
variance to construct a structure below the base flood
level:
A.
Will result in
increased premium rates for flood insurance commensurate with the resulting
increase in risk up to amounts as high as $25 for $100 for insurance coverage
B.
Increase risks
to life and property.
Section 11.18 Fees
The
Board of Selectmen shall establish such fees as may be necessary for the filing
of notices and the processing of hearings and action thereon. All such fees shall be paid to the Secretary
of the Zoning Bard upon application for a conditional use permit under these
regulations.
Section 11.19 Warning of Disclaimer of Liability
These bylaws do not imply that land outside the areas of
special flood hazard or land uses permitted within such districts will be free
from flooding or flood damages. These
regulations shall not create liability of the part of the town of
Section 11.20 Precedence of Bylaws
The provisions of these bylaws shall take precedence over
any conflicting and less restrictive local laws.
Section 11.21 Annual Report to Federal Emergency
Management Agency
The Administrative Officer shall, to the extent possible,
submit to the FEMA Administrator the information required by the FEMA annual
report form with respect to the administration and enforcement of these flood hazard area bylaws.
A copy of the annual report shall be submitted to the
state coordinating agency.
Section 11.22 Definitions
ADMINISTRATOR: The Federal Emergency Management Administrator
AREA OF SPECIAL FLOOD HAZARD: The land in
the flood plain within a community subject to a one percent or greater chance
of flooding in a given year. The area
includes all A
zone designations on the FIRM, or, in the absence of the FIRM, on the
FHBM. It does not include Zones B
and C.
BASE FLOOD: The flood having a one percent
chance of being equaled or exceeded in any given year.
DEVELOPMENT: The division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or land fill, and any change in the use of any building or other structure, on land, or extension of use of land.
FEMA: Federal Emergency Management Agency
FHBM: Flood Hazard Boundary Map. An official map of a
community, on which the Administrator has delineated both the areas of special
flood hazard and the risk premium zones applicable to the community. A FHBM is
issued before the FEMA has conducted a
flood study of the community.
FIRM: Flood Insurance Rate Map. An official map of a community, on which the Administrator
has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community, a FIRM
is issued after the FEMA has conducted
a flood study of the community.
FLOODWAY: The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot.
FLOODPROOFED or FLOODPROOFING: Any
combination of structural and nonstructural additions, changes or adjustments
to structures that reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
MOBILE HOME: A structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or
travel trailers.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION: A parcel of
land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION: Structures commenced on or after the
effective date of this ordinance.
STRUCTURE: An assembly of materials for occupancy or
use, including but not limited to a building, manufactured home or trailer,
billboard, sign, wall or fence, except a wall or fence on an operating farm.
START OF CONSTRUCTION: See FEMA definition in Section 1909.1 of the
current National Flood Insurance program rules and regulations.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure either (a) before the improvement or repair is started, or (b)
if the structure has been damaged, and is being restored, before damage has
occurred. The term does not, however,
include either (1) any project for improvement of a structure to comply with
existing state or local health, sanitary or safety code specifications which are
solely necessary to assure safe living conditions, or (2) any
alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
ARTICLE XII TELECOMMUNICATION FACILITY AND TOWER REGULATIONS
Section 12.1 Purpose
The purpose of this bylaw it to protect the public
health, safety and general welfare of the citizens of the Town of Ferrisburgh,
and those who visit this community, while accommodating the communication needs
of residents and businesses. This Zoning
Bylaw shall:
A.
Preserve the
character and appearance of the Town of
B.
Protect the
scenic, historic, environmental and natural resources of the Town of
C.
Provide
standards and requirements for the operation, siting, design, appearance,
construction, monitoring, modification and removal of telecommunications
facilities and towers.
D.
Minimize tower
and antenna proliferation by requiring the sharing of existing communications
facilities towers and sites where possible and appropriate.
E.
Facilitate the
provision of telecommunications services to the residences and businesses of
the Town of
F.
Minimize the
adverse aesthetic, health and interference effects of towers through careful
design and siting standards.
G.
Require,
through performance standards, the location of towers and antennas in
non-residential areas and away from other sensitive areas such as schools,
hospitals, senior centers and child care facilities.
Section 12.2 Agreement with Federal Law
In addition to any other findings which may be required
by this Zoning Bylaw, the Zoning Board must also specifically consider whether any
of its decisions regarding a permit application are pre-empted by federal law,
particularly the Telecommunications Act of 1996. This Zoning Bylaw is not intended to:
A.
Prohibit or
have the effect of prohibiting the provision of personal wireless services in
Ferrisburgh;
B.
Unreasonable
discriminate among providers of functionally equivalent personal wireless
service facilities;
C.
Regulate
personal wireless services on the basis of the environmental effects of radio
frequency emission, to the extent that the regulated services and facilities
comply with the Federal Communications Commission (FCC) regulations concerning
such emissions.
Section 12.3 Exemptions
The following telecommunications facilities are exempt
from the requirements of this Zoning Bylaw: police, fire, ambulance and other
emergency dispatch; amateur (ham) radio, citizens-band radio, single-use local
business radio dispatch and television and radio antennas for home use.
No FCC-licensed telecommunications facilities other than
those mentioned above shall be considered exempt from this Zoning Bylaw for any
reason, whether or not said facility is proposed to share a tower or other
structure with such exempt uses.
Section
12.4 Definitions
In
addition to those definitions found in Article II, the following terms shall,
for the purposes of implementing Article XII only, have the following
definitions:
ADEQUATE CAPACITY: Capacity is considered to be adequate if the grade
of service is p.05 or better for at least 50 percent of the days in a preceding
month, prior to the date of application, as measured using direct traffic
measurement of the telecommunications facility in question, where the call
blocking is due to frequency contention at the antenna(s).
ADEQUATE COVERAGE: Coverage is adequate within that area
surrounding a base station where the predicted or measured median field
strength of the transmitted signal is such that the majority of the time,
transceivers properly installed and operated will be able to communicate with
the base station without objectionable noise (or excessive bit-error-rate for
digital) and without calls being dropped.
In the case of cellular communications in a rural environment like
Ferrisburgh, this would be a signal strength of at
least 90 dBm. It is acceptable for
there to be holes within the area of adequate coverage as long as the signal
regains its strength further away from the base station. The outer boundary of the area of adequate
coverage, however, is that location past which the signal does not regain.
AFFILIATE: When used in relation to an operator, another
person who directly or indirectly owns or controls, is owned or controlled by,
or is under common ownership or common control with the operator, or an
operators principal partners, shareholders, or owners of some other ownership
interest. When used in relation to the
municipality, and agency, board, authority or political subdivision affiliated
with the municipality or other person in which the municipality has legal or
financial interest.
ANTENNA: A device for transmitting and/or receiving
electromagnetic waves which is attached to a tower or other structure.
ANTENNA HEIGHT: The vertical distance measured from the base
of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped
grade, then the average between the highest and lowest grades shall be used in
determining the grade for calculating the antenna height.
ANTENNA SUPPORT STRUCTURE:
Any pole, telescoping mast, tower tripod,
or any other structure which supports a device used in the transmitting and/or
receiving of electromagnetic waves.
APPLICANT: A person who applies for a telecommunications
facility siting. An applicant must be
the telecommunications provider or its agent of record.
AVAILABLE SPACE: The space on a tower or structure to which
antennas of a telecommunications provider are both structurally able and
electromagnetically able to be attached.
BASE STATION: The primary sending and receiving
site in a telecommunications facility network.
BLANKET INTERFERENCE ZONE: The area defined or identified by the FCC as
being affected by radio frequency interference.
BULLETIN 65: Published by the Federal
Communications Commission (FCC) Office of Engineering and Technology specifying
radio frequency radiation levels and methods to determine compliance.
CELLULAR TELECOMMUNICATIONS: A commercial Low Power Mobile Radio Service
bandwidth licensed by the FCC to telecommunication providers in a specific
geographical area in which the radio frequency spectrum is divided into
discrete channels which are assigned in groups to geographic cells within a
service area and which are capable of being reused in different cells within
the service area.
CHANNEL: The segment of the radiation spectrum to or
from an antenna which carries one signal.
An antenna may radiate on many channels simultaneously.
COLLOCATION: Locating wireless communications equipment
from more than one provider in a single site.
COMMON CARRIER: An entity licensed by the FCC or a state
agency to supply local and/or long distance telecommunications services to the
general public at established and stated rates.
dBm: Unit of measure of the power level
of an electromagnetic signal at the input of a receiver, given its antenna
system gain at a particular frequency, expressed as decibels (dB) above one
milliwatt. Signal predictions with this
measure are valid at a particular frequency, and
ambiguous unless all receivers and antenna combinations are identical.
FCC: Federal Communications Commission. The government agency
responsible for regulating telecommunications in the United States.
FCC 97-303: A Report and Order which sets new national
standards for exposure to radio frequency emissions from FCC-regulated
transmitters.
FREQUENCY: The number of cycles completed each second by
an electromagnetic wave measured in hertz (Hz).
GHz: Gigahertz.
One billion hertz.
HERTZ: (Hz) One hertz is the frequency of an
electric or magnetic field which reverses polarity once each second, or one
cycle per second.
INTERFERENCE: An undesirable effect caused by
electromagnetic signals. Type 1
interference refers to interference regulated by the FCC and affecting other
FCC licensees or other entities over which the FCC has jurisdiction. Type 2 interference
refers to electromagnetic disturbances to business, institutional, medical and
home electronic equipment.
MHz: Megahertz, or one million hertz.
MICROWAVE: Electromagnetic radiation with frequencies
approaching 1,000 MHz, including UHF, extending to infrared frequencies; highly
directional signal used to transmit radio frequencies from point-to-point at a
relatively low power level.
MICROWAVE ANTENNA: A
dish-like antenna manufactured in many sizes and shapes used to link
communication sites together by wireless transmission of voice data.
MODIFICATION OF AN EXISTING FACILITY: Any change,
or proposed change, in power input or output, number of antennas, change in
antenna type(s) or model(s), repositioning of antenna(s), or change in number
of channels per antenna above the maximum number approved under an existing
permit.
MODIFICATION OF AN EXISTING TOWER: Any change, or proposed change, in dimensions of an existing and
permitted tower or other structure designed to support telecommunications
transmission, receiving and/or relaying antennas and/or equipment.
MONITORING: The measurement, by the use of instruments in
the field, of non-ionizing radiation exposure at a site as a whole, or from
telecommunications facilities, towers, antennas or repeaters.
MONITORING PROTOCOL: The testing protocol, such as the Cobbs
Protocol (or one substantially similar, including compliance determined in
accordance with the National Council on Radiation Protection and Measurements,
Reports 86 and 119), which is to be used to monitor the emissions and determine
exposure risk from existing and new telecommunications facilities.
MONOPOLE: A single self-supporting vertical pole with
no guy wire anchors, usually consisting of a galvanized or other unpainted
metal or a wooden pole with below grade foundations.
PERMITTEE: An applicant and his successors and assigns who is granted a telecommunications tower or facility
conditional use permit.
RADIAL PLOTS: Radial plots are the result of drawing
equally-spaced lines (radials) from the point of the antenna, calculating the
expected signal and indicating this graphically on a map. The relative signal strength may be indicated
by varying the size or color at each point being studied along the radial. A threshold plot uses a mark to indicate
whether that point would be strong enough to provide adequate coverage- i.e.,
the points meeting the threshold of adequate coverage. The drawback is the
concentration of points close to the antenna and the divergence of points far
from the site near the ends of the radials.
REPEATER: A small receiver/relay transmitter and
antenna of relatively low power output designed to provide service at areas
which are not able to receive adequate coverage directly from a base or primary
station.
ROOF AND /OR BUILDING
SCENIC VIEW: A scenic view is a wide angle or panoramic
field of sight and may include natural an/or manmade
structures, and activities. A scenic
view may be from a stationary viewpoint or be seen as one travels along a
roadway, waterway or path. A view may be
to a faraway object, such as a mountain, or a nearby object.
SITE: A property or any part or interest thereof,
which is owned or leased by one or more telecommunications providers and upon
which one or more telecommunications facility(s) and required landscaping are
located.
SITE LOCATION: References to site location shall be the
exact longitude and latitude, to the nearest tenth of a second. Bearing or orientation should be referenced
to true North.
SPECTRUM: Relating to any transmissions or reception of
electromagnetic waves.
STRUCTURALLY ABLE: The determination that a tower or structure
is capable of carrying the load imposed by the proposed new antenna(s) under
all reasonably predictable conditions as determined by professional structural
engineering analysis.
TELECOMMUNICATIONS EQUIPMENT SHELTER: A structure
located at a base station designed principally to enclose equipment used in connection
with telecommunications transmissions.
TELECOMMUNICATIONS FACILITY: All equipment (including repeaters) with
which a telecommunications provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment or any
part thereof, and locations of equipment with which a telecommunications
provider transmits and receives the waves which carry their services. This facility may be sited on one or more
towers or structure(s).
TELECOMMUNICATIONS FACILITY SITE: A property, or any part thereof
or interest therein, which is owned or leased by one or more telecommunications
providers and upon which one or more telecommunications facility(s) and where
required landscaping are located. It shall meet minimum lot size and
regulations for the zone in which it is to be located.
TELECOMMUNICATIONS PROVIDER: An entity licensed by the FCC to provide
telecommunications services to individuals or institutions.
TELECOMMUNICATIONS TOWER: A guyed, monopole or self-supporting tower,
constructed as a free-standing structure or in association with a building,
other permanent structure or equipment, containing one or more antennas
intended for transmitting and/or receiving television, AM/FM radio, digital,
microwave, cellular, telephone or similar forms of electronic communication.
TELECOMMUNICATIONS TOWER OR FACILITY CONDITIONAL USE
PERMIT:
An official action taken pursuant to Article XII of the Ferrisburgh
Zoning Bylaws, as amended, which sets forth the land use rights and obligations
extended by Ferrisburgh to an applicant to own, construct, maintain and operate
a telecommunications facility or tower or antenna support structure within the
boundaries of Ferrisburgh.
TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITIES: Any tower,
pole, antenna, etc. designed for use while a permanent wireless facility is
under construction, or for a special event or
conference where a majority of people attending are wireless users.
TILED COVERAGE PLOTS: Tiled plots result from calculating the
signal at uniformly spaced locations on a rectangular grid, or tile, of the
area of concern. Unlike radial plots,
tiled plots provide a uniform distribution of points over the area of interest,
usually the same grid will be used as different sites are examined, and it is
not necessary that the transmitter site be within the grid or area of
interest. As with radial plots, the
graphic display or plot can be either signal strength or adequate threshold. This method requires substantially more topographic
data and longer (computer) execution time than radial plots, but is preferable
for comparative analysis.
TOWER: A lattice structure or framework, either
self-supporting or guyed, or monopole, that is designed to support
telecommunications antennas, and/or equipment.
VIEW CORRIDOR: A three-dimensional area extending out from a
viewpoint. The width of the view
corridor depends on the focus of the view.
The focus of the view may be a single object, such as a mountain, which
would result in a narrow corridor, or a group of objects, such as a downtown
skyline, which would result in a wide corridor. Panoramic views have very wide
corridors and may include a 360-degree perspective. Although the view corridor extends from the
viewpoint to the focus of the view, the mapped portion of the corridor extends
from the viewpoint and is based on the area where base zone heights must be
limited in order to protect the view.
Section 12.5 Telecommunications Tower or Facility
Conditional Use Permits
No construction, alteration, modification (including the
installation of antennas for new uses) or installation of any
telecommunications tower or facility shall commence without a
Telecommunications towers or facilities may be permitted
as conditional uses in all zoning districts upon a finding by the Zoning Board that
no adverse affect will occur.
An applicant for a telecommunications tower or facility
conditional use permit shall be a provider.
A conditional use permit shall be granted only for a telecommunications
facility with a user that has a current FCC license.
In addition to information otherwise required by the Town
of
A.
The exact legal
name, address, and telephone number of the applicant, the land
owners of
record, and any agents of the landowners or applicants and the identify of
any person or
entity who will own the telecommunications facility or any portion of
it. If the applicant is not a natural person, the
name and address of the business and
the state in
which it is incorporated and has its principal office shall be provided, as
well as an
applicants registered agent and registered office.
B.
The name,
address and telephone number of the contact person who has authority to act on
behalf of the permit applicant. Notice,
orders and other papers may be served upon the person so named, and such
service shall be deemed to be service upon the applicant. If this person cannot be contacted in the
event of an emergency, the applicant shall also provide the name, address, and
telephone number of someone who is available on a 24-hour basis who is authorized to act on behalf of the applicant in the
event of an emergency regarding the structure or safety of the
telecommunications facility.
C.
Owner of the
property on which the proposed tower shall be located and the owner(s) of the
tower or structure on which the proposed transmitter shall be located. Written permission of the owner(s) to apply
for a conditional use permit shall also be submitted along with written
permission from the owner(s) of the proposed property(ies)
or facilities site(s) for the Towns independent consultant(s), to conduct any
necessary site visit(s).
D.
The names and
addresses of the landowners of record of all abutting property.
E.
A report from
qualified and
1.
Describes the
facility, height, design and elevation.
2.
Documents the
height above grade for all proposed mounting positions for antennas to be
collocated on a telecommunications tower or facility and the minimum separation
distances between antennas.
3.
Describes the
towers proposed capacity, including the number, height and type(s) of antennas
that the applicant expects the tower to accommodate.
4.
Describes the
output frequency, number of channels and power output per channel for each
proposed antenna. An RF (radio
frequency) engineer should provide this information.
5.
Provides
evidence of need as described in Section 12.7.
6.
Demonstrates
the towers compliance with the municipalitys structural standards and
setbacks for towers and structures.
7.
Provides proof
that at the proposed site the applicant will be in at least minimum compliance with
all federal, state and local regulations, standards and requirements, and
includes a statement that the applicant commits to continue to maintain such
compliance regarding both radio frequency interference (RFI) and radio
frequency radiation (RFR).
8.
For each
antenna, describe the antenna gain (projected and maximum), polarization and
radiation pattern (composite pattern for an antenna array), the power input to
antenna(s), including power input in normal use and at maximum output for each
antenna and all antennas as an aggregate.
9.
Describe the
output frequency of the transmitter(s).
10. For a telecommunications facility
with multiple transmitters describe the results of an inter-modulation
study which contains the predicted interaction of the additional equipment with
existing equipment.
11. Include other information required by the Zoning
Board that is necessary to evaluate the request and its impact upon the health
and safety of the residents of Ferrisburgh.
F.
A letter of
intent committing the tower owner and users and successors to permit shared use
of the tower if the additional user agrees to meet reasonable terms and
conditions for shared use, including compliance with all applicable FCC
regulations, standards and requirements and the provision of this bylaw.
G.
For any
applicant requesting the installation of a telecommunications facility on an
existing structure, a copy of a letter of intent or executed contract with the
owner of the existing structure.
H.
To the extent
required by the National Environmental Policy Act (NEPA) and as administered by
the FCC, a complete Environmental Assessment (EA) draft or final report
describing the probable impacts of the proposed telecommunications facility.
I.
A copy of the
application and all attachments, for an Act 250 permit, if it has been filed
with the District Environmental Commission.
Section 12.6 Site Plan Requirements
Permit
requirements for telecommunications facilities and towers shall include a site
plan, which shall include the following supplemental information:
A.
Location
Map: A copy of a portion of the most
recent USGS Quadrangle map showing the area within at least a two-mile radius
of the proposed tower site. It shall
indicate the tower location and the exact latitude and longitude (degrees,
minutes, seconds to the nearest tenth).
B.
Vicinity
Map: A map at a scale of 1 inch = 416
feet (1:5000) with contour intervals no greater than 10 feet (3 meters) showing
the entire vicinity within a 2500 foot radius of the tower site, including the
telecommunications facility or tower, topography, public and private roads and
driveways, buildings and structures, water bodies, wetlands, landscape
features, historic sites and habitats for endangered species. It shall indicate the property lines of the
proposed tower site parcel and all access easements or rights of way needed for
access from a public way to the tower, and the names of all abutters or
property owners along the access easement or who have deeded rights to the
easement.
C.
Telecommunications
Facility Site Map: A recent survey of
the telecommunications facility site at a scale no smaller than 1 inch = 40
feet (1:480 or metric equivalent 1:500), showing horizontal and radial
distances of antenna(s) to the nearest point on the property line, and to the
nearest dwelling.
D.
Existing
Conditions Plan: A recent survey of the
area within 500 feet of the tower site at a scale no smaller than 1 inch + 40
feet (1:480 or metric equivalent 1:500) with topography drawn with a minimum of
5 feet (1.5 meter) contour intervals, showing existing utilities, property
lines, existing buildings or structures, stone walls or fence lines, wooded
areas, existing water wells and springs.
It shall show the boundary of any wetlands or flood plains or watercourses,
and of any bodies of water included in the Official Flood Hazard Area within
500 feet from the tower or any related facilities or access ways or
appurtenances. The survey plan must have
been complete, on the ground, by a Vermont-registered land surveyor no more
than two years prior to the application date.
E.
Proposed Site
Plan: a proposed site plan of the entire
telecommunications facility site, indicating all improvements, including
landscaping, utility lines, guy wires, screening and roads at the same scales
or larger than the Existing Conditions Plan.
The site plan shall include the following:
1.
Proposed tower
location and any appurtenances, including supports and guy wires, if any, and
any accessory building (telecommunications facility or other). It shall indicate property boundaries and
setback distances to the base(s) of the tower and the nearest corners of each
of the appurtenant structures to those boundaries, and dimensions of all
proposed improvements. Where protective
fencing is proposed, it shall indicate setback distances from the edge of the
fencing.
2.
Proposed spot
elevations at the base of the proposed tower and at the base of any guy wires,
and the corners of all appurtenant structures.
3.
Proposed utilities,
including distance from source of power, sizes of service available and
required, locations of any proposed utility, telecommunications lines, and
whether underground or above ground.
4.
Any direct or
indirect wetlands alteration proposed.
5.
Detailed plans
for drainage of surface and sub-surface water, to control erosion and
sedimentation both during construction and as a permanent measure.
6.
Plans
indicating locations and specifics of proposed screening, landscaping, grading,
ground cover, fencing, exterior lighting, signage and any additional
information that may be required.
7.
Plans of
proposed access driveway or road way and parking area at the tower site. This shall include grading, drainage and
traveled width. This shall also include
a cross-section of the access drive indication the width, depth of gravel,
paving or surface materials.
8.
Plans showing
any changes to be made to an existing telecommunications facilitys
landscaping, screening, fencing, lighting, drainage, wetlands, grading,
driveways or roadways, parking or other infrastructure as a result of a
proposed modification of the facility.
F.
Proposed Tower
and Appurtenances
1.
Plans,
elevations, sections and details at appropriate scales but no smaller than 1
inch = 10 feet.
2.
Details of
proposed tower foundation, including cross-sections and details. This shall show all ground attachments,
specifications for anchor bolts and other anchoring hardware.
3.
Details
proposed exterior finish and color of the tower.
4.
The relative
height of the tower to the tops of surrounding trees as they presently exist,
and the height to which they are expected to grow in 10 years.
G.
Plans of Proposed Communications Equipment
Shelter, including;
1.
Floor plans,
elevations and cross-sections at a scale of no smaller than Ό inch = 1 foot
(1:48) of any proposed appurtenant structure, and
2.
Representative
elevation views, indicating the roof, facades, doors, and other exterior
appearance and materials.
H.
Proposed
Equipment Plan
1.
Plans,
elevations, sections and details at appropriate scales but no smaller than 1
inch = 10 feet.
2.
Number of
antenna and repeaters, as well as the exact locations of antenna(s) and of all
repeaters (if any) located on a map, as well as by degrees, minutes, and
seconds to the nearest tenth of latitude and longitude.
I. Visibility Maps and Visual Analysis:
1.
A map of view
corridors in a zero to two mile radius from the site, shown beginning at true
north and continuing clockwise at forty-five degree intervals, showing a
minimum of eight views.
2.
A map of the Town
of Ferrisburgh on which any visibility of the proposed tower from a public way
(including all existing public rights-of- way) shall be indicated.
3.
The applicant
shall also develop and submit to the Zoning Board a written analysis of the
visual impact of the proposed tower.
This analysis shall include photographs of the balloon test, as
described in Section 12.6,J taken from at least 10
different perspectives within Ferrisburgh.
J. Balloon Test:
Within
thirty-five days of submitting an application, the applicant shall arrange to
fly, or raise upon a temporary mast, a three-foot in
diameter, brightly-colored balloon at the maximum height of the proposed tower
and within fifty horizontal feet of the center or the proposed tower. The date, time and location of this balloon
test shall be advertised by the applicant at least 7 days and not more than 14
days in advance of the test date in at least three newspapers in general
circulation in the vicinity. The
applicant shall inform the Ferrisburgh Zoning Board, the Planning Commission
and abutting property owners in writing of the dates and times of the test, at
least 14 days in advance. The balloon
shall be flown for at least six consecutive hours between 7 AM and 5 PM (and/or
at least two hours before sunset as posted for the test dates by the National
Weather Service) on the dates chosen. In
the event of an application for co-location at an existing telecommunications
facility, the applicant shall be exempt from this balloon test.
K. Construction sequence and time schedule for
completion of each phase of the entire project.
L. A copy of the information submitted as part
of the conditional use permit application.
Section 12.7 Evidence of Need
A.
Existing
Coverage: The applicant shall provide
written documentation to the Zoning Board demonstrating that existing
telecommunications facility sites in Ferrisburgh, in abutting towns and within
a 30 mile radius of the proposed site cannot reasonably be made to provide
adequate coverage and/or adequate capacity to areas lacking such coverage
and/or capacity. The documentation shall
include, for each telecommunications facility site listed which is owned or
operated by the applicant, the exact location (in longitude and latitude, to
degrees, minutes and seconds to the nearest tenth), ground elevation, height of
tower or structure, type of antennas, antenna gain, height of antennas on tower
or structure, output frequency, number of channels, power input and maximum
power output per channel. Potential
adjustments to these existing telecommunications facility sites, including
changes in antenna type, orientation, gain, height or
power output shall be specified. Tiled
coverage plots showing each of these telecommunications facility sites, as they
exist, and with adjustments as above, shall be provided as part of the
application.
B.
Repeaters: Applicant shall demonstrate with written
documentation that they have analyzed the feasibility of repeaters in
conjunction with all telecommunications facility sites listed in compliance
with Section 12.7,A (above) to provide adequate
coverage and/or adequate capacity to areas lacking such coverage and/or
capacity. Tiled coverage plots of all
repeaters considered for use in conjunction with these facilities sites shall
be provided as part of the application.
C.
Indirect
Service: Applicant shall demonstrate
which portion of a tower or structure and which antennas, if any, are to reduce
or eliminate reliance on land-lines, or otherwise provide telecommunications
capability to the applicant, as opposed to providing direct service to
customers, such provision of indirect service may be considered if reasonable
alternatives are not available and the incremental effect is consistent with
the purposes set forth in Section 12.1 of these Zoning Bylaws.
D.
Five-Year
Plan: All applications shall be
accompanied by a written five-year plan for the utilization of the proposed
facilities. This plan should include
justification for capacity in excess of immediate needs, as well as plans for
any further development within the town.
Section 12.8 Legal and Technical Documentation
A.
Federal
Permits: Applicant shall submit to the Zoning Board copies of all pertinent
submittals and
documents pertaining to: FCC permitting/licensing; Environmental
Assessments and Environmental Impact
Statements; FAA Notice of Construction or
Alteration; aeronautical studies; all
pertinent data, assumptions and calculations
relating to
service coverage; and all pertinent calculations and/or measurement data
related to
non-ionizing radiation emissions and exposure, regardless of whether
categorical
exemption from routine environmental evaluation under the FCC rules is
claimed. Applicant shall also provide the following
specifics;
1.
If any
applicant is not a natural person, it shall also give the type of business
entity and the state in which it is registered and in which its primary place
of business is located.
2.
The person to
whom correspondence or communications in regard to the application are to be
sent. Notice, orders and other papers
may be served upon the person so named, and such service shall be deemed to be
service upon the applicant.
3.
The person to
be contacted in the event of an emergency involving the facility. This should be someone available on a 24-hour
basis who is authorized by the applicant to act on
behalf of the applicant regarding an emergency situation.
4.
An emergency
plan to be implemented in the event that the tower structure is deemed unsafe through
inspection as described in Section 12.11,E. The plan shall include measures to warn
abutting landowners of an unsafe situation, to evacuate a zone where injury or
property damage may occur, and to notify local authorities.
5.
The owner of
the property on which the proposed tower shall be located, and of the owner(s)
of the tower or structure on which the proposed facility shall be located. Written permission of the owner(s) to apply
for a conditional use permit shall also be submitted along with written
permission from the owner(s) of the proposed property (ies) or facilities
site(s) for the Towns independent consultant(s) and authorized agents, to
conduct any necessary site visit(s).
B.
Surety:
Details of proposed method of financial surety as required in Section
12.9 (Landscaping/Screening) and (Removal Requirements) of these bylaws.
Section 12.9 General Project Requirements
A.
Access Road and
Above Ground Utilities: Where new
telecommunications towers and facilities require construction of, or improvements
to, access roads, to the extent practicable, roads shall follow the contour of
the land, and be constructed or improved within existing forest or forest
fringe areas, and not in open fields.
Utility or service lines shall be designed and located so as to minimize
or prevent disruption to the scenic character or beauty of the area.
B.
Landscaping/Screening: Screening shall be required at the perimeter
of the site. A natural or planted
vegetative screen of a minimum of 20 feet in depth and 6 feet in height shall
be maintained at all times. Vegetation
shall be of a type that has the potential to reach a height of at least 15 feet
at maturity. Existing vegetation
surrounding the site shall be preserved and maintained to the greatest extent
possible. Applicant shall obtain a
financial surety in an amount set by the Zoning Board to cover the cost of the
remediation of any damage to the landscape which occurs during the clearing of
the site.
C.
Fencing and
Signs: The area around the tower and
communication equipment shelter(s) shall be completely fenced for security to a
height of six feet and gated. Use of razor wire is not permitted. A sign no greater than two square feet
indicating the name of the telecommunication facility owner(s) and a 24-hour
emergency telephone number, either local or toll-free, shall be posted adjacent
to the entry gate. In addition, No
Trespassing or other warning signs, and the federal tower registration plate,
where applicable, may be posted on the fence or as required to meet federal
requirements.
D.
Building
Design: Communication equipment shelters
and accessory buildings shall be designed to be architecturally similar and
compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for the
housing of equipment related to this particular site. Whenever possible, the buildings shall be
joined or clustered so as to appear as one building.
E.
Height of
Towers: New towers shall not exceed the
minimum height necessary to provide adequate coverage for the
telecommunications facilities proposed for use on the tower. Applicant may submit a request for additional
height to accommodate future sharing, or to provide indirect service as
described in Section 12.7,C and shall provide design
information to justify such additional height. Repeaters shall not be closer
than 25 feet to the ground.
F.
Tower
Finish: New towers shall have a
galvanized finish unless otherwise required.
The Ferrisburgh Zoning Board may require the tower(s) to be painted or
otherwise camouflaged to minimize the adverse visual impact.
G.
Tower
Sharing: Tower(s) must be of a type
which will maximize potential sharing.
Lattice type structures are preferred, but where a monopole is required,
applicant must demonstrate the future utility of such structure for expansion
of service for applicant and other future applicants.
Section 12.10 Tower and Antenna Design Requirements
Proposed telecommunications facilities and towers shall
not unreasonably interfere with the view from any public park, natural scenic
vista, historic building or district, or major view corridor. Height and mass of telecommunications towers
shall not exceed that which is essential for its intended use and public
safety.
A.
Towers,
antennas and any necessary support structures shall be designed to blend into
the surrounding environment through the use of color camouflaging and
architectural treatment, except in cases in which the Federal Aviation
Authority (FAA), state or other federal authorities have dictated color.
B.
In order to
protect public safety and to preserve the scenic character and appearance of
the area, the height limit for towers, antennas and tower-related fixtures
shall be not more that 20 feet above the average height of the tree line
measured within 100 feet of the highest vertical element of the
telecommunications facility. Where there are no trees within 100 feet the
height of the towers, antennas and tower-related fixtures shall not exceed that
which is essential for its intended use and public safety. Notwithstanding the
above, additional height may be approved upon a finding by the Zoning Board that the additional height is
necessary in order to provide adequate
coverage in the Town of Ferrisburgh or to accomplish collocation of
facilities and that the additional height will not cause an undue visual impact
on the scenic character or appearance of the area.
C.
All buildings
and structures accessory to a tower (except for electric power poles where
specifically exempted by the Zoning Board) shall meet the minimum setback
requirements of the underlying zoning district or setback requirements
specified in this bylaw. If the minimum
setbacks in the underlying zoning district are less than the height of the
tower, including antennas or other vertical appurtenances, the minimum distance
from the tower to any property line shall be no less than the height of the
tower, including antennas and other vertical appurtenances.
D.
Ground mounted
equipment or antennas as well as buildings and structures accessory to a tower
shall be screened from view by suitable vegetation, except where a design of
non-vegetative screening better complements the architectural character of the
surrounding neighborhood. A planted or
vegetative screen shall be a minimum of ten feet in depth with a minimum height
of six feet and shall have the potential to grow to a height of at least 15
feet at maturity. Existing on-site
vegetation outside the immediate site for the wireless facility shall be
preserved or improved. Disturbance to
existing topography shall be minimized unless the disturbance is demonstrated
to result in less visual impact on the facility from surrounding properties and
other vantage points.
E.
Setback
Requirements: No repeater shall be
located closer than 300 feet to a dwelling, nor closer than 25 feet to the
ground. No other telecommunications
facility or tower, including guy-wire anchors and protective fencing, if any,
shall be located:
1.
Closer than 300 feet horizontally to any
boundary of the site on which the tower is located, or the height of the tower
whichever is greater.
2.
Closer than
1,500 feet horizontally to any structure existing at the time of application
which is used as a primary or secondary residence, to the property of any
school (both public and private), or to any other public building. Primary or secondary residences are those
dwelling units that include toilet facilities, and facilities for food
preparation and sleeping.
3.
Within the
habitat of any state-listed rare or endangered wildlife or plant species.
4.
Within 300 feet
horizontally of any
5.
Within the 300
feet horizontally of the outer riparian zone measured horizontally from any
river or perennial stream.
6.
Within 1500 feet
horizontally of any historic district or property listed on the state or
federal register of historic places.
7.
Within 500 feet
horizontally of any known archaeological site.
F.
An application
for a new telecommunications tower shall not be approved unless the Zoning
Board finds that the telecommunications facilities planned for the proposed
tower cannot be accommodated on an existing or approved tower or structure.
Section 12.11 Monitoring Protocol
A.
Monitoring
Protocol: The applicant shall, as a
condition of receiving a
B.
Structural
Inspection: Tower owner(s), as a
condition of issuance of a
C.
Unsafe
Structure: Should the inspection of any
tower reveal any structural defect(s) which, in the opinion of the independent
consultant renders that tower unsafe, the following actions shall be taken by
the permitee. Within 10 business days of
notification of unsafe structure, the permitee of the tower shall submit a plan
prepared or approved by an independent consultant who is a professional
structural engineer to remediate the structural defects(s). This plan shall be initiated within 10 days
of the submission of the remediation plan, and completed as soon as reasonably
possible. Failure to submit reports,
remedation plans or implement remedation plans as required shall be a violation
of the conditional use permit subject to penalties as specified in Section 10.4
of the Ferrisburgh zoning Regulations.
Section 12.12 Amendments to Existing
An alteration or addition to a previously approved
telecommunications facility or tower conditional use permit shall require a
permit amendment when any of the following are proposed:
A. Any change in the number, size or use of
buildings or facilities permitted on the site;
B. Any material change in technology used by the
telecommunications facility; or
C.
Any addition or
change of any equipment resulting in greater visibility or structural windloading,
or any additional height of the tower, including profile of additional
antennas, not specified in the original application.
Section 12.13 Tower Lighting and Signage; Noise
Generated by Facility
A.
Towers shall
not be illuminated by artificial means and shall not display lights unless such
lighting is specifically required by the FAA or other federal or state
authority for a particular tower because of its height. Any lighting required solely as a result of height
may be subject to review by the town.
Heights may be reduced to eliminate the need for lighting or another
location selected.
B.
No commercial
signs or lettering shall be placed on a tower.
C.
Manually-operated
emergency lights are permitted for use only when personnel are on site.
D.
Noise at the
site perimeter from the operation of any machinery or equipment shall be
minimized.
Section 12.14 Antennas Mounted on Structures, Roofs and
Walls and on Existing Towers shall be subject
to these bylaws.
Section 12.15 Temporary Wireless Communication Facilities
Any telecommunications facility designed for temporary
use is subject to the following:
A.
Use of a
temporary telecommunications facility is permitted only if the owner has received
a telecommunications facility or tower conditional use permit from the Town of
B.
Temporary
telecommunications facilities may be permitted by the Zoning Board for no
longer than five days use during a special event provided the maximum height of
a temporary facility is no higher than 50 feet from grade and the temporary
facilities comply with all applicable portions of these regulations.
Section 12.16 Interference with Public Safety
Telecommunications
No new telecommunications facility or tower shall be
placed or constructed in such a way as to interfere with public safety
telecommunications. All applications for
new telecommunications facilities shall be accompanied by an intermodulation
study that predicts no likely interference problems and certification that the
study has been provided to the appropriate public safety agencies. Before testing or operating new service or
changes in existing service, permitees shall notify the municipality at least
ten calendar days in advance of such changes and allow the municipality to
monitor interference levels during that testing process.
Section 12.17 Continuing Obligations
Upon receiving a permit, the permittee shall annually
demonstrate that he or she is in compliance with all FCC standards and
requirements regarding RFR, and provide the basis for his or her
representations. The permittee shall
provide the Zoning Administrator with a list of the most recent RFR readings
taken at the site, their distances from the tower/transmitter, dates of the readings and the name of the person or company
who took the readings. In addition, the
permittee shall provide additional RFR readings taken at sensitive areas within
3 miles of the proposed tower.
Section 12.18 Abandoned, Unused, Obsolete, Damaged
or Dangerous Towers or Portions of Towers
Abandoned or unused towers or portions of towers and
their facilities shall be removed as follows:
A.
The permittee
of a facility/tower shall annually, on January 15, file a declaration with the
Town of
B.
Abandoned or
unused towers and associated facilities shall be removed within 180 days of
cessation of operations at the site unless a time extension is approved by the
Zoning Board. In the event the tower is
not removed within 180 days of the cessation of operations at a site, the
municipality shall notify the owner and may remove the tower and all associated
facilities. Costs of removal shall be
assessed against the property or tower owner.
C.
Unused portions
of towers shall be removed within 180 days of the time that such portion is no
longer used for antennas. The
replacement of portions of a tower previously removed requires the issuance of
a new telecommunications facility permit.
D.
An owner who
has failed to file an annual declaration with the Administrative Officer by
January 15 may, file a declaration of use or intended use and may request the
ability to continue use of the facility/tower.