BarreCity Zoning Regulation 2006
BarreCity Zoning Regulation 2006
current version. For the most current copy of a town's regulations, contact the town directly.
You can find municipal contact information, including Web sites, listed in
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CITY OF BARRE
ZONING REGULATIONS
802-476-0245
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History:
The ordinance was adopted by the City of Barre Council on August 5, 2003.
This Zoning Ordinance replaces the previous Zoning Ordinance, Ordinance No.
1973-4, in its entirety.
Additional amendments were adopted 3/21/06 by Ord. 2006-1 and 7/18/06 by Ord.
2006-2, as noted in this ordinance.
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ARTICLE 1. AUTHORITY, PURPOSE AND SEVERABILITY................................................ 7
1.1 AUTHORITY 7
1.2 PURPOSE 7
1.3 SEVERABILITY 7
2.1 INTERPRETATION 8
2.2 DEFINITIONS 8
4.9 WAIVERS 40
11.1 AUTHORIZATION 64
11.2 PURPOSE 64
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11.3 REQUIREMENT FOR USE OF PUD AND PUD PERMITTED USES 64
Page 5 of 77
Page 6 of 77
ZONING REGULATIONS
ORDINANCE NO. 2003-1
1.1 AUTHORITY
1.1.01 In accordance with the Vermont Planning and Development Act, 24 V.S.A.; Chapter 117 §
4401,he reinafterrefe r
redtoa sthe“ Ac t
”, there are hereby established Zoning Regulations
for the City of Barre, Vermont, which are set forth in the text and map that constitute these
regulations. These re gulat
ionss ha
llbeknowna st he“ Ci t
yofBa rreZoni ngRe gula t
ions .”
1.2 PURPOSE
1.2.01 It is the intent of these regulations to provide for the orderly development of the City of
Barre, and to further the purposes, applicable to the City of Barre, which are expressed in
Section 4302(a) of the Act.
1.3 SEVERABILITY
1.3.01 The invalidity of any provisions of this chapter shall not invalidate any other part.
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ARTICLE 2. DEFINITIONS
2.1 INTERPRETATION
2.1.01 Unless otherwise defined in this article, definitions listed in Section 4303 of the Act shall be
applicable throughout this chapter.
2.1.02 Except where specifically defined in this article or Section 4303 of the Act, all words used in
this chapter shall have their ordinary meanings. Words used in the present tense include the
future, and the singular includes the plural; the word "shall" is mandatory; "occupied" or
"used" shall be considered as though followed by "or intended, arranged or designed to be
used or occupied"; "person" includes an individual, partnership, association, corporation,
company, organization or other entity.
2.2 DEFINITIONS
2.2.01 In this chapter, the following words or combination of words mean:
ACCESSORY USE OR BUILDING: A use or building customarily incidental, subordinate
and clearly related to the principal use or building and located on the same lot;
ACCESSORY STRUCTURE: A structure customarily incidental, subordinate and clearly
related to the principal use or building, attached or detached to the principal structure, and
located on the same parcel; (Added 3/21/06 by Ord. 2006-1)
ACCOMODATION, BED & BREAKFAST: A use of land for the provision of temporary
sleeping facilities, of less than 30 days’duration, for travelers in a building of a residential
character, in which meals are served in a family-style setting. Not more than ten sleeping
rooms are offered for rent;
ACCOMODATION, MOTEL & HOTEL: A use of land for the provision of temporary
sleeping facilities for travelers for a fee and for limited periods of time. Not more than 15
percent of the rooms may be provided with cooking facilities;
ACT: Vermont Municipal and Regional Planning and Development Act, 24 V.S.A. Chapter
117, as amended from time to time;
AGGRIEVED PERSON: persons against whom orders of the inspectors have been issued,
occupants of buildings inspected by the inspectors and persons who file written and signed
complaints with the inspectors;
AGRICULTURE: A use of land for the commercial production of plant or animal materials,
including fields, pastures, wood lots, horticultural activities, farms, grazing, truck gardening,
and raising and storing crops, but not including piggeries;
AGRICULTURE, PIGGERY: A use of land for the raising, storage or housing of pigs;
ALTER: To make an alteration;
ALTERATION: Structural change, rearrangement, change of location or addition to a
structure, other than repairs and modification of interior located equipment;
Page 8 of 77
AMUSEMENT ARCADE, INDOORS: A use of land for the provision of entertainment
using coin- or token-operated games indoors;
AMUSEMENT ARCADE, OUTDOORS: A use of land for the provision of entertainment
using coin- or token-operated games, or fairground-style games of skill or chance, out-of-
doors;
ANIMAL BOARDING FACILITY: A use of land for the temporary storage or housing of
five or more domesticated animals at any time, the housing, storage or raising of animals as
part of an active farm is not deemed to be an animal boarding facility;
ANIMAL EXIBIT: A use of land for the storage or housing of animals for public display
with or without charge;
ANIMAL HOSPITAL: A use of land for the storage or housing of animals for the purpose of
providing medical care;
ANTENNA, TELEVISION SATELLITE DISH, COMMERCIAL: A use of land for any
device erected and designed to transmit or receive any type of radio, television, telephone or
electromagnetic signals for commercial, industrial, or governmental purposes;
ANTENNA, TELEVISION SATELLITE DISH, RESIDENTIAL: A use of land for any
device erected and designed to transmit or receive any type of radio, television, telephone or
electromagnetic signals as an accessory use to a primary residential use;
APARTMENT: A single-family dwelling unit within a building containing two or more such
dwellings;
APARTMENT, ACCESSORY: A small apartment, created within or as an addition to an
existing single-family dwelling unit, which meets the accessory apartment standards of
24V.S.A. § 4406;
APARTMENT BUILDING: A building containing three or more apartments and in which 25
percent or more of the total number of dwellings is apartments (see DUPLEX for a building
containing two such units);
APPLIANCE SALES & SERVICE: A use of land for the retail sale and service of household
appliances including, but not limited to, stoves, refrigerators, washing machines and dryers;
APPRENTICE: Any person who is engaged in learning and assisting in the installation of
plumbing and drainage under an apprenticeship program properly registered with the state
apprenticeship council;
AQUARIUM: A use of land for the housing of fish or other aquatic life for public display
with or without charge;
AREA OF SHALLOW FLOODING: A designated AO or AH zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow;
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AREAS OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community
subject to a one percent or greater chance of flooding in a given year. The area includes all
Zone A designations on the Flood Insurance Rate Map. It does not include Zones B and C;
ART GALLERY AND STUDIO: A use of land for the creation and retail sale, purchase and
exchange of artwork;
ART GALLERY, PRIVATE: use of land for the retail sale, purchase and exchange of
artwork;
ART GALLERY, PUBLIC: A use of land for the housing of artworks for public display with
or without charge;
ART STUDIO: A use of land for the creation of artworks, in which retail sale is a minor
activity;
ATHLETIC FACILITY: A use of land for facilities and/or equipment for athletic training,
physical fitness or sports, with or without charge;
AT LARGE: off the premises of the owner or keeper and not under the control of the owner,
a member of the immediate family or the keeper, either by leash, collar, or chain;
ATM FACILITY: A use of land for housing an Automated Teller Machine for financial
transactions;
ATM FACILITY, ACCESSORY USE: A use of land for housing an Automated Teller
Machine for financial transactions where the use is not the principal use of the land;
ATTACHED DWELLING: Two or more dwelling units contained within a building;
AUCTION, ANIMALS: A use of land for the sale of animals at public or private auction;
AUCTION HOUSE: A use of land for the sale of chattels, excluding animals, at public or
private auction;
AUTO BODY SHOP: A use of land for the commercial repair or renewal of vehicle bodies
in which painting is performed using an air or gas compressor or other mechanized painting
method;
AUTO DETAIL SHOP: A use of land for the commercial refurbishment of vehicles in which
painting is not performed using an air or gas compressor or other mechanized painting
method;
AUTO PARTS SALES: A use of land for the retail or wholesale sale of vehicle parts with no
installation of parts performed on the premises;
AUTO STORAGE YARD: A use of land for the storage of vehicles;
AUTO/SCRAP/SALVAGE YARD: A use of land for the storage of vehicles, vehicle parts
and other solid materials for the purpose of disposal, salvage, parting-out, recycling,
transferring or scrap-handling;
BAKING FACILITY: A use of land for the manufacture of baked goods;
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BANK, LOAN OFFICE OR CREDIT UNION: A use of land for businesses involving
financial transactions on a walk-in basis;
BANK, LOAN OFFICE OR CREDIT UNION, DRIVE-THROUGH: A use of land for
businesses providing financial transactions to customers in vehicles;
BAR, TAVERN, WITH CABARET FACILITIES: A use of land for the sale and
consumption of alcoholic substances for consumption on the premises, including the
provision of live entertainment;
BAR, TAVERN, WITHOUT CABARET FACILITIES: A use of land for the sale and
consumption of alcoholic substances for consumption on the premises, without the provision
of live entertainment;
BARRE DOWNTOWN HISTORIC DISTRICT: A district placed on the National Register
of Historic Places with boundaries as declared in June 1979, and to include any amendments
to district boundaries hereafter declared;
BASE FLOOD: The flood having a one-percent chance of being equaled or exceeded in any
given year;
BASEMENT: the portion of any building located partly underground but having less than
one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground
(also CELLAR);
BERM: A mound of soil used for screening or landscaping which includes trees, shrubs or
groundcover;
BEVERAGE CENTER: A use of land for the sale of beverages and party snack foods (such
as potato chips, candy, cookies, etc.) and the return of beverage containers;
BICYLE SALES/SERVICE SHOP: A use of land for the retail sales and repair of bicycles
and similar no motorized vehicles;
BILLBOARD: See SIGN, ADVERTISING;
BILLIARD/POOL PARLOR: A use of land for facilities for playing pool, billiards and
similar table games;
BOARD: The Development Review Board of the City of Barre, Vermont, and will be
referenced in the future as the DRB;
BOARDINGHOUSE: A use of land for the provision of meals and sleeping accommodation
for 30 or more days in a building of a residential character.
BOAT SALES/SERVICE FACILITY: A use of land for the retail sale and repair of boats
and other watercraft;
BOWLING ALLEY: A use of land for facilities for bowling and similar games;
BUFFER: A land area used to provide separation or screening between different land uses, or
a required setback from a wetland, stream, river, body of water or utility;
BUILDING: A structure having a roof supported by columns or walls and intended for the
shelter or enclosure of persons, animals or chattels;
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BUILDING HEIGHT: The vertical distance measured from the average elevation of the
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BUILDING LAW: 24 V.S.A. Chapter 69,;
BUILDING SUPPLIES DEALER: A use of land for the sale of building and construction
materials to be used for off-site construction and installation;
CAMPGROUND: A use of land for the temporary accommodation of campers in tents,
cabins and/or recreational vehicles used for sleeping and cooking;
CAMPGROUND, TENTS ONLY: A use of land for the temporary accommodation of
campers in tents used for sleeping and cooking;
CANOPY: An accessory structure attached to a building to afford protection from the
weather, such as a carport, awning, or similar device. Specifically excluded are canopy-type
structures at gasoline sales facilities;
CAR WASH: A use of land for the cleaning and washing of vehicles either as a provided
service or in which the customer performs the work;
CAR WASH, INCIDENTAL: A use of land for the cleaning and washing of vehicles either
as a provided service or in which the customer performs the work, which is clearly incidental
to another business, and involves facilities for washing not more than one vehicle at a time;
CELLAR: The portion of any building located partly underground but having half or more
than one-half of its clear floor-to-ceiling height below the average grade of the adjoining
ground (also BASEMENT);
CEMETERY: A use of land for burying the dead, including grave markers, mausoleums and
accessory structures normally associated with maintenance of cemeteries;
CHANGE IN USE: A change in the use of any building or structure, or land, or extension of
use of land when:
1. The change is from a residential use to a nonresidential use.
2. The change results in a different number of dwelling units.
3. The new use has a higher requirement for off-street parking.
4. The change results in the use of a previously unused, vacant lot.
5. The new use is classified as a conditional use.
6. Any change of a non-conforming use.
7. Any change where a new home occupation is established.
(Added 3/21/06 by Ord. 2006-1)
CHURCH/HOUSE OF WORSHIP: A use of land for worship, and/or religious instruction
and/or religious education;
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CIRCUS/CARNIVAL: A use of land for the provision of entertainment open to the general
public, with or without a fee, involving rides, shows, food booths, animal shows,
amusements and games of chance or skill;
CITY: The City of Barre, Vermont ( ref
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), and shall extend
to and include its several officers, agents and employees;
CITY COUNCIL, COUNCIL: The city council of the City of Barre, Vermont;
CITY MANAGER: The city manager of Barre or authorized deputy, agent, or representative;
CITY OFFICER: A person duly qualified who holds an elective office of the city under the
charter; a person duly qualified who holds an office or position by virtue of appointment by
the council or a city officer under the charter, the city ordinances or general law, including
but not limited to the heads of departments, executive directors of agencies, members of an
agency, board or commission of the city; provided, however, that a person serving as a
member of a board, commission, committee or other body whose functions are principally
advisory shall not be deemed to be a city officer;
CLINIC: Office building used by state-licensed members of a healing profession, for the
diagnosis and out-patient treatment of human ailments (see HOSPITAL CLINIC);
CLUB, MEMBERSHIP: A use of land for facilities that cater to the members of a club and
its guests, and not operated primarily for profit;
COMBINES SEWER: A sewer installed specifically for receiving both surface runoff and
sewage;
COMMON HOUSEHOLD PET: Any animal commonly associated with and cared for in
individual homes. Animals which are commonly considered wild animals or farm animals
are not deemed common household pets;
COMMON OPEN SPACE: A parcel or parcels of land or an area of water, or a combination
of land and water, within a planned residential development reserved for the use or
enjoyment of the planned residential development residents and owned and maintained in
common by them through a homeowner's association or funded trust. Common open space
does not include street rights-of-way or off-street parking areas;
COMMUNICATIONS STUDIO: A use of land for the housing of production facilities for
movies, video, audio or similar forms of recorded entertainment, and for the electronic
broadcast thereof. The incidental production of such recorded entertainment in front of live
audiences of not more than 25 people is included;
COMMUNITY CENTER, COMMERCIAL: A use of land for public gatherings on a for-
profit basis, including, but not limited to, such facilities as public or private meeting halls, or
places of assembly;
COMMUNITY CENTER, NONCOMMERCIAL: A use of land for public gatherings on a
not-for-profit or nonprofit basis, including, but not limited to, such facilities as public or
private meeting halls, or places of assembly;
COMMUNITY HOUSE: See GROUP HOME;
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CONDOMINIUM: A single-family dwelling unit, owned by the inhabitants, within a
building containing three or more such dwellings and/or apartments, or a CONDOMINIUM
COMPLEX;
CONDOMINIUM BUILDING: A building containing three or more condominiums in which
less than 25 percent of the total number of dwellings is apartments;
CONDOMINIUM COMPLEX: A number of buildings containing condominiums in which
less than 25 percent of the total number of dwellings is apartments;
CONTRACTING SERVICES: A use of land for off-site repair and/or serving of buildings
which does not include the outside storage of building materials. This includes, but is not
limited to, plumbing repairs, electrical repair and general contracting services.(Added
3/21/06 by Ord. 2006-1)
CONTRACTOR YARD: A use of land for the storage of construction materials equipment
used in construction work performed off the lot;
CONVALESCENT HOME: See GROUP HOME;
CONVENIENCE STORE: A use of land for the sale of food and nonfood items commonly
used in a home, in a building of not more than 2,500 square feet of retail space, and where
gasoline, diesel fuel or similar products (except for propane for household use) are not sold;
CONVENIENCE STORE/GASOLINE SALES: A use of land for the sale of food and
nonfood items commonly used in a home, in a building of not more than 2,500 square feet of
retail space, and where gasoline, diesel fuel or similar products are sold;
CORPORATION COUNSEL: The city attorney;
CORRECTIONS FACILITY: A use of land for incarceration of individuals;
COVERAGE: That percentage of a lot covered by the building area. The building area is the
total area taken on a horizontal plane at the main finished grade of the principal building on a
lot, and all accessory buildings, exclusive of uncovered porches, terraces and steps; all
dimensions shall be measured between exterior faces of walls;
COUNTY: The County of Washington, Vermont (
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;
COMPUTATION OF TIME: Whenever a notice is required to be given or an act to be done
a certain length of time before any proceeding shall be had, the day on which such notice is
given or such act is done shall not be counted in computing the time, but the day on which
such proceeding is to be had shall be counted;
CREMATORY: A use of land for facilities to dispose of human or animal remains via
cremation;
CROSSWALK: That portion of a roadway at an intersection or elsewhere, distinctly marked
for pedestrian crossing by lines painted on the roadway pursuant to a resolution of the
council, and that portion of a private driveway between the street line and the roadway;
CUL-DE-SAC: A dead-end street with provision of a turn-around area for vehicles at the
dead end;
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CULTURAL FACILITY: See COMMUNITY CENTER;
DAYCARE: A use of land for the provision of care on a regular basis of children in a
building or facility dedicated to the purpose, and in which no overnight accommodation is
provided;
DAYCARE, HOME, SMALL: A use of land for the provision of care on a regular basis of
not more than six children in the residence of the homeowner, and in which no overnight
accommodation is provided. The children of the owner are not included in the count;
DAYCARE, HOME, LARGE: A use of land for the provision of care on a regular basis of
more than six, but not more than 12 children, in the residence of the homeowner, and in
which no overnight accommodation is provided. The children of the owner are not included
in the count;
DELEGATION OF AUTHORITY: Whenever a provision appears requiring the head of a
department or some other city officer or employee to do some act or perform some duty, it
shall be construed to authorize the head of the department or other officer or employee to
designate, delegate and authorize subordinates to perform the required act or perform the
duty unless the terms of the provision or section specify otherwise;
DENTAL LAB: A use of land for the manufacture of dentures and related dental products, in
which patients are neither examined nor treated on the premises. Manufacture of dental retail
products, such as toothpaste or toothbrushes, is excluded from this use;
DENTAL LAB, ACCESSORY USE: A use of land for the manufacture of dentures and
related dental products, in which the use is clearly secondary to the primary use of the land.
Manufacture of dental retail products, such as toothpaste or toothbrushes, is excluded from
this use;
DEVELOP: The act of development;
DEVELOPMENT: The construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure; or of any mining facility, excavation
or filling of land; or any change in the use of any building or structure or land; or the
extension of the use of land;
DISTRIBUTION CENTER WITH SHOWROOM: A use of land for the receiving, storage
and shipment of products, where facilities are provided for customer visits, and retail sales to
customers on a carry-out basis account for less than 25 percent of total sales;
DISTRIBUTION CENTER WITHOUT SHOWROOM: A use of land for the receiving,
storage and shipment of products, where retail sales to customers on a carry-out basis are not
conducted, and no facilities are provided for customer visits;
DRB: The Development Review Board of the City of Barre;
DRIVE-THROUGH BUSINESS: A use of land for service or product distribution to the
consumer where placement of order and pick-up take place from a vehicle, including ingress
and egress;
DRIVE-THROUGH FACILITY: An accessory use of land for service or product distribution
to the consumer where placement of order and pick-up take place from a vehicle, including
egress and ingress;
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DRIVEWAY: The portion of a lot and right-of-way used for vehicle access between a street
and an area for parking vehicles;
DRY CLEANING PLANT: A use of land for laundry, dyeing and/or dry cleaning services
for individual customers, in which the laundry, dyeing and dry cleaning work is performed
on the premises;
DRY CLEANING SERVICE: A use of land for laundry, dyeing and/or dry cleaning services
for individual customers, in which the laundry, dyeing and dry cleaning work is performed
off the premises;
DUMPSTER: An enclosed container or a container with a lid used to store waste on a
temporary basis. However, a waste storage receptacle used to store domestic waste on a lot
with a single detached dwelling or duplex is not deemed a dumpster;
DUPLEX: A building containing two single-family dwellings;
DWELLING: A structure for living accommodations for people on a permanent basis;
DWELLING, MULTIPLE-FAMILY: A use of land for a building or structure which
contains three (3) or more dwelling units;
DWELLING, SINGLE-FAMILY: A use of land for a building or structure which contains no
more than one dwelling unit;
DWELLING, TWO-FAMILY: A use of land for a building or structure which contains two
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DWELLING UNIT: A room or group of rooms located within a dwelling and forming a
single habitable unit with facilities for living, sleeping, cooking and eating for a family or
two or less unrelated individuals;
ELDERLY HOUSING: A use of land for the housing of elderly or handicapped persons
where common meals are provided. This use does not include the housing for parolees,
prison-release program members or substance-abuse rehabilitation program members.
(Added 3/21/06 by Ord. 2006-1)
EMERGENCY SHELTER: An emergency use of land for the temporary housing or care of
individuals or families (including limited counseling) for a period not to exceed 30 days, in
which these people have been displaced from their normal dwellings because of natural or
manmade disasters. Emergency shelters do not include daycare facilities, convalescent homes
or group homes;
ENFORCEMENT AGENCY: The agency, department, division or office designated by the
City Council or City Manager as the entity responsible for the administration and
enforcement of the minimum housing standards ordinance;
ENFORCEMENT OFFICER: The individual responsible for the enforcement of the
minimum housing standards enforcement agency;
FABRICATING ESTABLISHMENT, HEAVY: See MANUFACTURING, HEAVY;
FABRICATING ESTABLISHMENT, LIGHT: See MANUFACTURING, LIGHT;
Page 16 of 77
FENCE, WALL: A free-standing structure of metal, masonry, stone, wood or any
combination, which is attached to the ground and used for confinement, screening or
partitioning purposes, excluding temporary fences and barricades;
FLEA MARKET, LONG TERM: A use of land for the sale of new and used household
goods, personal effects, tools, artwork, food, plants, handicrafts and small appliances or
equipment, or similar goods in small quantities for a duration of more than 10 days at a time,
or more than four times in a calendar year;
FLEA MARKET, TEMPORARY: A use of land for the sale of new and used household
goods, personal effects, tools, artwork, food, plants, handicrafts and small appliances or
equipment, or similar goods in small quantities for a duration of 10 days at a time or less and
not more often than four times in a calendar year;
FLOOD HAZARD BOUNDARY MAP (FHBM) : means an official map of a community,
issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) or
related erosion areas having special hazards have been designated as Zones A, M, and/or E;
FLOOD INSURANCE RATE MAP (FIRM): means an official map of a community on
which the Administrator has delineated both the special hazard areas and the risk premium
zones applicable to the community;
FLOOD INSURANCE STUDY: means an examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations;
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;
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;
FLOOR AREA, HABITABLE: Floor area of rooms in a dwelling unit used for bedrooms,
living room, dining room, library, recreation room and kitchen;
FLOOR AREA, TOTAL: Sum of the gross horizontal area of the floors of a building or
structure, excluding basement floor areas. All dimensions shall be measured between interior
faces of walls or, when walls are not present, between the leading edges of the building or
structure;
FOOD CATERING SERVICE: See FOOD SALES, TAKE OUT/CATERING;
FOOD PROCESSING FACILITY, LARGE: A use of land for the conversion of raw
materials into intermediate and finished food products for human or animal consumption off
the premises. This definition does not include a facility in which meals are served to the
general public;
FOOD SALES, OPEN AIR MARKET: A use of land for the sale of food and nonfood items
commonly used in a home, where such sales do not take place in a building;
Page 17 of 77
FOOD SALES, TAKE OUT/CATERING: A use of land for the preparation, sale, pick-up
and/or delivery of food for consumption off the premises and where gasoline, diesel fuel or
similar products are not sold;
FOOD STORE, LARGE: A use of land for the sale of food and nonfood items commonly
used in a home, in a building over 10,000 square feet, and where gasoline, diesel fuel or
similar products are not sold;
FOOD STORE, SMALL: A use of land for the sale of food and nonfood items commonly
used in a home, in a building over 2,500 square feet, but not more than 10,000 square feet,
and where gasoline, diesel fuel or similar products are not sold;
FRONT OF BUILDING: The side of the building which reflects the address assigned for the
purposes of emergency 911.
FUNERAL HOME: A use of land for preparing human bodies for funerals and holding
funeral services, and accessory structures used as chapels for funeral services;
FURNITURE STORE: A use of land for the display and retail sale of household furnishings;
GARDEN SUPPLY STORE: A use of land for the display and retail sale of garden plants,
gardening implements and equipment, gardening chemicals and related products;
GAS AND/OR OIL DISTRIBUTION FACILITY: A use of land for storage of gas and/or
heating fuel suitable for residential or commercial use and distribution of such gas and/or
heating oil by way of commercial vehicles. This definition does not include gasoline;
GAS UTILITY SYSTEM: A use of land for gas mains and service pipes and accessories
installed above or belowground, used by a utility under the jurisdiction of the Vermont
Public Service Board to distribute gas suitable for residential use;
GASOLINE SALES FACILITY: A use of land for the retail sale of gasoline, diesel fuel for
vehicles, automotive oil and similar automotive consumables, but not including tires, in
which the above products are primarily installed on the premises, and no mechanical repairs
are performed;
GASOLINE SALES/AUTOMOTIVE REPAIR: A use of land for the retail sale of gasoline,
diesel fuel for vehicles, automotive oil and similar automotive consumables, including tires,
in which the products are primarily installed on the premises, and mechanical repairs are
performed;
GENERAL ASSEMBLY: The General Assembly of the State of Vermont;
GOLF COURSE: A use of land on more than three-quarters of an acre for golfing facilities,
including structures, equipment and buildings and may also include driving ranges;
GOLF COURSE, OTHER: A use of land on less than three-quarters of an acre for golfing
facilities, including structures, equipment and buildings, but does not include driving ranges;
GRADE, FINISHED: Completed surfaces of ground, lawns, walks, paved areas and roads
brought to grades as shown on plans relating thereto;
HABITABLE ROOM: A room or enclosed floor space used or intended to be used for living,
sleeping or eating purposes, excluding bathrooms, water closet compartments, laundries,
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foyers, pantries, communication corridors, stairways, closets, basement recreation rooms and
storage spaces;
HEALTH CLUB: A use of land for facilities and/or equipment for athletic training, physical
fitness or sports, in which the participants are paying members of a club;
HEATING SEASON: All months of the year except June, July and August;
HIGHWAY: Any street, alley, highway, avenue or public place or square, bridge, viaduct,
tunnel, underpass, overpass or causeway in the city dedicated or devoted to public use;
HISTORIC INN: A use of land for the provision of sleeping facilities for travelers for a fee
and for limited periods of time, housed in a building listed on the National Register of
Historic Buildings or a similar a list recognized by the City of Barre or State of Vermont;
HOME OCCUPATION: Accessory use of a service character conducted within a dwelling
by an occupant thereof, which is clearly secondary to the dwelling used for living purposes
by the occupant, and which does not change the residential character thereof;
HOSPITAL: A use of land for medical treatment facilities with overnight accommodations;
INCREASED USE: A change in use or structure whereby:
a. The proposed use generates more traffic, including truck deliveries, than the
current non-conforming use or other permitted uses within the district.
b. The proposed use generates more odor, noise, vibration, smoke, dust, heat or
glare than the current non-conforming use or other permitted uses within the
district.
c. Any changes in the exterior appearance of the proposed use are not suitable and
compatible to the surrounding properties taking into such factors as the scale,
color, texture, and size of the building and historical nature of the property.
INSTALLED UNDERGROUND: shall mean the placement of utility lines (including
individual service lines, transmission lines and distribution lines) below the finished grade of
the right-of-way and the removal (if appropriate) of all poles, guy wires and related structures
used to support overhead utility services. “Ut i
lityAppa rat
us ”as defined in this ordinance,
may be mounted on pads at ground level within the right-of-way, if such will not interfere
with the convenience of the public;
INTERSECTION: means the area embraced within the prolongation of the lateral boundary
lines of two or more streets which join one another at any angle, whether or not any such
street crosses the other;
JUNKYARD: A use of land for 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. "Junkyard" also means any place of outdoor storage or
deposit, not in connection with a business which is maintained or used for storing or keeping
two or more junk motor vehicles which are visible from any portion of a public highway. The
term does not mean a garage where wrecked or disabled motor vehicles are stored for less
than 90 days for inspection or repairs;
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KEEPER AND PROPRIETOR: Persons, firms, associations, corporations, clubs and co-
partnerships, whether acting by themselves or through a servant, agent or employee.
“Keeper”also means any person other than the owner, that has the possession and control of
an animal;
KENNEL: An enclosure or structure, other than a building used as a human residence, or an
animal hospital or pet shop, used to confine two or more dogs or cats;
LANDFILL: A use of land for the permanent storage of discarded materials beneath or on
the surface of the ground;
LANDFILL COLLECTION SITE: A use of land for premises, facilities, structures or
buildings for the temporary storage or sorting of discarded materials for later removal to a
landfill or recycling center;
LANDLORD: The owner, lessor, or, where applicable, the sublessor of a residential dwelling
unit or the building of which it is a part;
LANDSCAPE SERVICE FACILITY: A use of land for establishments that provide
maintenance, planting, sodding, seeding, trimming or other horticultural care off the
premises. Storage and care of plant materials on the premises for pick-up and delivery is also
deemed a landscape service;
LAUNDROMAT: A use of land for facilities for cleaning clothes in which customers
perform the work themselves, and no dry cleaning facilities are provided;
LAUNDRY: A use of land for facilities for cleaning clothes in which customers pay to have
the work performed, and no dry cleaning facilities are provided;
LEADING EDGE OF THE BUILDING OR STRUCTURE: The furthest point of a building
or structure covering or extending over the ground including roof overhangs, cornices,
covered porches, canopy edges or any other building or structure projections;
THE LAWS: The charter, general laws and provisions of city ordinances.
LIBRARY: A use of land for the housing of books and media or related materials for public
or private use;
LIQUID WASTE FACILITY: A use of land for the storage, processing and transport of
sewage, runoff or similar liquid waste;
LOADING SPACE: Off-street space used for the temporary location of one licensed motor
vehicle, which space is at least 12 feet wide, 40 feet long and 14 feet high, located entirely
within a lot, and having direct access to a street or alley;
LOT: A lawfully created division of land for the purpose of conveyance of ownership.
(Added 3/21/06 by Ord. 2006-1)
LOT AREA: Total area within the lot lines, excluding any part thereof lying within the
boundaries of a street or proposed public street;
LOT, CORNER: A lot which has an interior angle of less than l35 degrees at the intersection
of two streets. A lot abutting a curved street shall be considered a corner lot if the tangents to
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the curve at the points of intersection of the side lot lines intersect at an interior angle less
than 135 degrees;
LOT FRONTAGE: See LINE, FRONT LOT;
LOT LINE: The property line bounding a lot;
LOT LINE, FRONT: In the case of a lot with only one street frontage, the front lot line shall
be the lot line separating the lot from the street. In the case of a lot with more than one street
frontage, the front lot line shall be the line separating the lot from the street which faces the
front of building or front of the proposed building. When no building exists or no building is
proposed on a lot with more than one street frontage, the front lot line shall be the longest lot
line which abuts a street.
LOT LINE, REAR: The lot line which is most distant from and is most parallel to the front
lot line.
LOT LINE, SIDE: Any lot line which is not a front or rear lot line.
LOW INCOME HOUSEHOLD: A household having an income not exceeding 80 percent of
the median income for area of residence as set forth in regulations promulgated from time to
time by the United States Housing and Urban Development Agency pursuant to 42 U.S.C.
Section 1437 et seq.;
LOT WIDTH: The width of the lot measured at the front lot line;
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including the basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest
floor; provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of Section 60.3;
LUMBER YARD: See BUILDING SUPLIES DEALER;
MACHINE SHOP: A use of land for manufacturing or repair using machinery such as, but
not limited to, lathes, milling machines and grinding machines;
MAIL SERVICE FACILITY: A use of land for the collection distribution, temporary
storage, forwarding and receiving of letters and packages, including walk-in service for the
public;
MAINTAIN: To preserve from failure or decline;
MAJOR HOME OCCUPATION: A home occupation which is determined not to be a minor
home occupation. (Added 3/21/06 by Ord. 2006-1)
MAJOR ROADWAY RECONSTRUCTION: A project where an entire width of road
surface and subsurface is to be opened or newly laid, with a minimum length of one-quarter
mile;
MANUFACTURED HOME: A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For flood plain management purposes, the term
"manufactured home" also includes park trailers, travel trailers and other similar vehicles
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placed on a site for greater than l80 consecutive days. For insurance purposes, the term
"manufactured home" does not include park trailers, travel trailers and other similar vehicles;
MANUFACTURING, HEAVY: A use of land for manufacturing involving the assembly or
creation of products from raw materials. Specifically included are asphalt batch plants,
commercial incinerators (not accessory to a permitted use), oil-, gas- or coal-fired facilities to
process raw materials, and other similar uses that potentially generate water, noise or
airborne pollutants;
MANUFACTURING, LIGHT: A use of land for manufacturing involving the assembly of
materials or parts to be used in the manufacture or assembly of consumer or industrial
products including, but not limited to, small appliances, electronics, computers, optics and
similar goods;
MARINA: A use of land for the storage and docking of boats on water, including facilities
for the storage of boats on land and the sale and repair of boats;
MASSAGE THERAPY FACILITY: A use of land for the provision of physical therapy and
rehabilitation services using massage;
MEDICAL LAB: A use of land for the processing, testing, measurement and analysis of
medical samples obtained from humans and/or animals, in which neither examination nor
treatment of humans or animals is provided;
MEAN SEA LEVEL: means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of l929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced;
MINOR HOME OCCUPATION: A home occupation where there are no nonresidents
employed at the home occupation site, there are no retail sales occurring at the home
occupation site, no walk-in traffic occurs, there is no outside storage of materials, and there is
not an increase in the level of noise, smoke, dust, lighting or odors. In addition, a family child
care home approved by the State and serving no more than six children shall be considered a
minor home occupation. (Added 3/21/06 by Ord. 2006-1)
MINI-WAREHOUSE/SELF STORAGE: A use of land for the rental of storage facilities to
the general public, excluding outside storage;
MINIMUM HOUSING STANDARDS ENFORCEMENT AGENCY: The organization,
department or division designated by the City Council as the entity responsible for
administration and enforcement of the minimum housing standards;
MINIMUM HOUSING STANDARDS ENFORCEMENT OFFICER: The director or
individual responsible for administration of the Minimum Housing Standards Agency;
MINIMUM HOUSING STANDARDS ENFORCEMENT INSPECTOR: Any person
designated by the Minimum Housing Standards Officer to endorse the provisions of the
Minimum Housing Standards regulations;
MOBILE HOME A mobile home, as defined in 10 V.S.A.; § 6201, as amended from time to
time, and is further defined by any rule issued under Section 6201 (1)(D) of said Title 10, so
long as said rule is in force. A prefabricated, sectional or modular home is not considered a
mobile home;
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MOBILE HOME PARK: A mobile home park as defined in 10 V.S.A.; § 6201, Vermont
Statutes Annotated, as amended from time to time;
MOTORCYCLE, SALES/SERVICE SHOP: A use of land for the sale and repair of
motorcycles and similar vehicles;
MUNICIPALITY: The City of Barre;
MUSEUM, GENERAL: A use of land for the display of exhibits open to the public,
including accessory facilities such as offices, meeting rooms, conservation laboratories,
theaters, classrooms, reenactment or educational facilities. Also included are accessory uses
such as a retail shop not more than 5 percent of the total floor area of the museum selling
items related to the theme of the museum or an eating facility not more than ten percent of
the total floor area of the museum;
MUSEUM, INDUSTRIAL & LABOR: A use of land for the display of exhibits, open to the
public, involving the history of industry, industrial practices, technology, transportation,
labor relations, history of labor or crafts, including accessory facilities such as offices,
meeting rooms, conservation laboratories, theaters, classrooms, reenactment or educational
facilities. Also included are accessory uses such as a retail shop not more than five percent of
the total floor area of the museum selling items related to the theme of the museum or an
eating facility not more than ten percent of the total floor area of the museum;
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body of
surface or groundwater;
NET AREA: The site area less all land covered by buildings, public or private streets,
parking lots, driveways, or utility easements and all other paved vehicular ways and
facilities;
NET OPEN SPACE: Open space devoted to planting, patios, walkways, and recreational
areas, but excluding areas covered by buildings, public or private streets, driveways, utility
easements or parking lots, or any land determined unsuitable by the Planning Commission
under the criteria of this ordinance;
NEW CONSTRUCTION: Structures commenced on or after the effective date of this
ordinance;
NONCOMPLYING STRUCTURE: A structure not complying with the zoning regulations
applicable to the district in which it is located, where such structure complied with all
applicable laws, ordinances and regulations prior to the effective date of this ordinance;
NONCONFORMING USE: Use of land or structure which does not comply with all zoning
regulations applicable to the district in which it is located, where such use conformed to all
applicable laws, ordinances and regulations prior to the effective date of this ordinance;
NONRESIDENTIAL DISTRICTS: All zoning districts except R-10 and Planned
Residential;
NONRESIDENTIAL USE: All uses of buildings, structures or land except dwellings;
NORMAL WEAR AND TEAR: The deterioration that occurs, based on the reasonable use
for which a dwelling unit or rooming unit is intended, without negligence, carelessness,
Page 23 of 77
accident or abuse of the premises or supplied equipment or appliances by the occupant or
members of his or her household or their invitees or guests;
OATH: An affirmation in all cases in which, by law, an affirmation may be substituted for an
oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed";
OCCUPANT: Any person including an owner living and sleeping in a dwelling or rooming
unit;
OFFICE, GENERAL: A use of land for the transaction of business or the carrying on of an
occupation, where walk-in service is less than 25% of the total transactions. Specifically
excluded are medical, dental, optical, real estate, and legal services. An office shall not
include any use where manufacturing, assembly, cleaning, testing, material processing or
repair or any product are performed;
OFFICE, MEDICAL/DENTAL/OPTICAL: A use of land for the provision of medical,
dental or optical services on a walk-in basis, in which patients are not afforded overnight
accommodation;
OFFICE, REALTY/LAW/FINANCIAL SERVICES: A use of land for the provision of real
estate, legal, or financial services on a walk-in basis;
OPEN SPACE: Land in which no buildings are constructed, or land in its undeveloped or
natural state;
OPENABLE AREA: The part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors;
ORIGINAL CODE: The most current National Building Code, which is recommended by
the American Insurance Association;
OVERHEAD UTILITY SERVICE: The location of utility lines, typically for electrical,
telephone and cable service, or for traffic signals, aboveground, supported by utility poles
and related structures;
OWNER: Applied to a building or land, any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such
building or land;
PARCEL: One or more contiguous lots either vacant and under common ownership or being
treated as one development. (Added 3/21/06 by Ord. 2006-1)
PARCEL OF LAND: A continuous tract or plot of land in one possession and not separated
by land in another's possession;
PARK, PRIVATE: A use of land for the provision of recreation in the open air, not catering
to the general public, including recreation equipment normally associated with a children's
playground and simple structures for sheltering people from inclement weather, but not
including any amusement rides for adults nor mechanized rides of any kind;
PARK, PUBLIC: A use of land for the provision of recreation for the general public,
including recreation equipment normally associated with a children's playground and simple
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structures for sheltering people from inclement weather, but not including any amusement
rides for adults nor mechanized rides of any kind;
PARK TREES: Trees, shrubs, bushes, and all other woody vegetation in public parks having
individual names, and all areas owned by the City, or to which the public has free access as a
park;
PARKING AREA: An accessory use of land for the provision of parking spaces in the open
air, where such parking is not the primary use of the land;
PARKING GARAGE, OTHER: A use of land for storing vehicles, equipment and trailers,
not for use by the general public, including public works garages;
PARKING GARAGE, PRIVATE: A use of land for the provision of parking spaces, not
catering to the general public in an enclosed structure, including roof parking;
PARKING GARAGE, PUBLIC: A use of land for the provision of parking spaces for the
general public in an enclosed structure, including roof parking;
PARKING LOT, PRIVATE: A use of land for the provision of parking spaces in the open
air, not open to the general public;
PARKING LOT, PUBLIC: A use of land for the provision of parking spaces in the open air,
open to the general public;
PARKING SPACE: Off-street space used for parking one licensed motor vehicle;
PATH, BRIDLE: A use of land for a public path for foot traffic, human-powered vehicles,
wheelchairs, horse riding and horse-drawn vehicles;
PATH, RECREATION: A use of land for a public path for foot traffic, human-powered
vehicles and wheelchairs;
PERSON: Associations, clubs, societies, firms, partnerships and bodies politic and corporate
as well as individuals;
PERSONAL SERVICE, GENERAL: A use of land for a profession providing services to
the general public of a consolatory nature, including, but not limited to barber, hairdresser,
cosmetician, shoe repair, shoe shine, financial, legal, insurance, real estate, family guidance
and marriage counseling, but not including medical, dental, psychological, psychiatric nor
optical services;
PERSONAL SERVICE, HEALTH: A use of land for a profession providing services to the
general public for treating health, including, but not limited medical, dental, psychological,
psychiatric and optical services;
PET SHELTER: An accessory structure for housing or retaining common household pets;
PET STORE: A use of land for the retail sale of pets, pet food and pet supplies to the general
public, including provision for housing, on a temporary basis, of pets awaiting sale;
PHOTO KIOSK, DRIVE-THROUGH: An accessory use of land for the collection and return
of photographic materials, including the incidental sale of photographic materials, where
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image processing is performed off the lot, and access is provided primarily by a drive-
through facility;
PHOTO KIOSK, WALK-UP: An accessory use of land for the collection and return of
photographic materials, including the incidental sale of photographic materials, where image
processing is performed off the lot, and access is not provided by a drive-through facility;
PHOTO PROCESSING, BLUEPRINT: An accessory use of land for the processing of
photographic materials for architectural, engineering or manufacturing drawings;
PHOTO PROCESSING FACILITY: A primary use of land for the processing of
photographic materials, including the provision of service to the general public;
PHOTO PROCESSING, MEDICAL: An accessory use of land for the processing of
photographic materials for medical use;
PHOTO PROCESSING, MINILAB: An accessory use of land for the processing of
photographic materials for the general public on a walk-in basis;
PHOTO STUDIO: A use of land for taking photographs, including provision of such services
to the general public on a walk-in basis, also including processing of the resulting images as
an accessory use;
PHOTOGRAPHIC MATERIAL: Any material used to capture images involving the
electromagnetic spectrum, including, but not limited to, photographic film, paper and
blueprints, video tape and electronic image capture media;
PLANNED RESIDENTIAL DEVELOPMENT: An area of land, controlled by a legal or
beneficial owner, to be developed as a single entity for a number of residential uses. A
planned residential development permits flexibility in building siting, lot coverage, mixtures
of housing types, usable open spaces, and the preservation of significant natural features;
PLANNING COMMISSION: The Planning Commission of the City of Barre;
PLUMBER, JOURNEYMAN: Any person who customarily performs the work of installing
plumbing and drainage under the direction of a master plumber or, not being a master
plumber as herein defined, does plumbing repair work as a regular part-time occupation;
PLUMBER, MASTER: Any person that, as a business, hires or employs a person or persons
to do plumbing work, or without hiring any person, does that work as a principal business or
as auxiliary to a principal business for his or her own account;
PLUMBING: Water heating facilities, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents and other similar supplied fixtures, together
with all connections to water or sewer lines. Plumbing is also the act of installing in buildings
the pipes, fixtures and other apparatus for bringing in the water supply and removing liquid
and water-carried wastes;
POLE-MOUNTED SIGN: A sign mounted on one or more vertical poles or posts where the
poles or post are greater than three feet in height. (Added 3/21/06 by Ord. 2006-1)
POSTAL OFFICE: A use of land for the collection, processing and distribution of letters and
parcels to and from the general public on a walk-in basis;
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POSTAL PROCESSING FACILITY: A use of land for the receiving, processing and
forwarding of letters and parcels without provision of such services to the general public on a
walk-in basic;
PREMISES: A lot, plot or parcel of land, including buildings and structures thereon;
PRINTING, PRINTING FACTORY: A use of land for printing production, including the
provision of such services to the general public on a walk-in basis as an accessory use;
PRINTING, QUICK PRINT FACILITY: A use of land for providing printing services to the
general public on a walk-in basis as a primary use;
PROFESSIONAL RESIDENCE OFFICE, GENERAL: A home occupation for the provision
of personal services, in a private dwelling;
PROFESSIONAL RESIDENCE OFFICE, HEALTH: A home occupation for the provision
of personal services, health in a private dwelling;
PUBLIC ASSEMBLY USE: A use of land for meetings and events;
PUBLIC BODY An agency, board, committee, commission or other body of the city
government, whose members are elected or appointed or hired by the council or a city officer
by virtue of provisions of the laws;
PUBLIC IMPROVEMENT PROJECT: Any project undertaken by a local, state or federal
body for the benefit of the general public, such as, but not limited to, road or bridge
construction or the development of a park;
PUBLIC ROAD: A class 1,2 or 3 road as designated by the State of Vermont. (Added
3/21/06 by Ord. 2006-1)
PUBLIC SAFETY FACILITY: A use of land for the provision of police, security, fire,
ambulance, paramedic, rescue, emergency management, incarceration for not more than
seven days or similar services;
PUBLIC SEWER: Sewage disposal system of the City of Barre, Vermont;
PUBLIC WATER: Water supply system of the City of Barre, Vermont, or water supply
system of a company regulated by the Vermont Public Service Board;
RAILROAD STORAGE/SERVICE/REPAIR: A use of land for the maintenance, repair and
storage of railroad rolling stock;
RECREATIONAL VEHICLE: A vehicle which is (1) built on a single chassis; (2) 400
square feet or less when measured at the largest horizontal projections; (3) designed to be
self-propelled or permanently towable by a light duty truck; and (4) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use;
RECYCLING CENTER, OVER 2,000 sq. ft: A use of land for the collection, sorting,
temporary storage and shipment of recyclable materials. Redemption of cans and bottles
excluded as an accessory use is not considered a Recycling Center;
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RECYCLING CENTER: 2,000 sq. ft. MAXIMUM: A use of land for the collection, sorting,
temporary storage and shipment of recyclable materials. Redemption of cans and bottles
excluded as an accessory use is not considered a Recycling Center;
RENT: All consideration to be made to or for the benefit of the landlord under the rental
agreement, not including security deposits;
RENTAL AGREEMENT: All agreements, written or oral, embodying terms and conditions
concerning the use and occupancy of a dwelling unit and premises;
RENTAL UNIT: A residential dwelling unit leased or subleased by a tenant from a landlord;
REPAIR SHOP: A use of land for the on-site repair of equipment or parts of machinery
within an enclosed building. This includes, but is not limited to, electrical motor repairs, yard
equipment servicing, and small engine repairs.(Added 3/21/06 by Ord. 2006-1)
RESEARCH LAB, TYPE 1: A use of land for research facilities not involving food, animals,
chemicals, biological materials, nuclear materials, or other materials or activities that create
dirt, dust, noise or other pollutants;
RESEARCH LAB, TYPE 2: A use of land for research facilities not included in
RESEARCH LAB, TYPE 1;
RESIDENTIAL DISTRICTS: The Residential District and Planned Residential District
created in this ordinance;
RESIDENTIAL USE: One-family dwelling, two-family dwelling, multiple-family dwelling,
professional residence-office, and home occupation;
RESTAURANT: A use of land for the preparation and sale of meals for consumption on the
premises;
RESTRICTED ZONE: That portion of a street designated by the council either for the
purpose of loading or unloading vehicles, or for bus stops, taxicab stands or other purposes.
Traffic signs identifying such zones and their purpose shall be erected on the curb or off-
street at each end of the area encompassed and the curb shall be painted yellow for the full
length of the area. In lieu of erecting traffic signs, the words, "Restricted Zone" may be
painted over the yellow background of the curb;
RETAIL ESTABLISHMENT: A use of land for the buying and selling of goods;
ROADWAY: That portion of a street or public highway improved for vehicular travel,
exclusive of the berm or shoulder;
ROOM, HABITABLE: A room in a dwelling unit used for a bedroom, living room, dining
room, library, recreation room or kitchen;
SALES, OUTDOORS: A use of land for selling goods out of doors for more than four days
at a time or for more than 20 days in a year;
SCHOOL ADMINISTRATIVE/FACULTY OFFICE: A use of land for the offices for the
staff and administrators of a school;
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SCHOOL, DINING FACILITY: A use of land for a dining facility that provides meals
primarily for the students and staff of a school, and may also provide meals for visitors to a
school as an incidental activity;
SCHOOL, DORMITORY: A use of land for the accommodation of students and staff of a
school and the accommodation of temporary visitors to the school who are using school
facilities;
SCHOOLGROUNDS: Real property under the jurisdiction of the board of school
commissioners of the city's school district;
SCHOOL, SORORITY/FRATERNITY: A use of land for the accommodation of members
of a fraternity, sorority or club affiliated with a school;
SCHOOL/COLLEGE/EDUCATIONAL INSTITUTION: A use of land for the training of
students;
SERVICE BAY: A space designed and constructed for the placement of any motor vehicle
for repair, servicing or washing. Service bays may be located outside structures;
SETBACK: The required minimum distance between the leading edge of a building or
structure and the related front, side, or rear lot line that is open, unoccupied and unobstructed
by structures, except as otherwise provided elsewhere in this ordinance.
SEWAGE TREATMENT PLANT Any arrangement of devices and structures used for
treating sewage;
SEWAGE WORKS: All facilities for collecting, pumping, treating and disposing of sewage;
SHED: An accessory structure or accessory building for storing chattels;
SHOPPING CENTER: A use of land for retail establishments, theaters, restaurants,
amusement arcades, furniture stores and similar establishments combined in structures on
one site, with pedestrian zones in the open air, and where gasoline, diesel fuel or similar
products are not sold;
SHOPPING CENTER/GASOLINE SALES: A use of land for retail establishments, theaters,
restaurants, amusement arcades, furniture stores and similar establishments combined in
structures on one site, with pedestrian zones in the open air, and where gasoline, diesel fuel
or similar products are sold;
SHOPPING MALL: A use of land for retail establishments, theaters, restaurants, amusement
arcades, furniture stores and similar establishments combined on one site and housed in a
structure with an enclosed pedestrian zone inside the structure, and where gasoline, diesel
fuel or similar products are not sold;
SHOPPING MALL/GASOLINE SALES: A use of land for retail establishments, theaters,
restaurants, amusement arcades, furniture stores and similar establishments combined on one
site and housed in a structure with an enclosed pedestrian zone inside the structure, and
where gasoline, diesel fuel or similar products are sold;
SIDEWALK: Any portion of a street between the curbline and the adjacent property line,
intended for the use of pedestrians, excluding parkways;
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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;
SIGN, ADVERTISING: A sign which directs attention to a business, industry, profession,
service, commodity or entertainment conducted, sold or offered at a place other than the lot
where the sign is located;
SIGN, BUSINESS: A sign which directs attention to a business, industry, profession,
service, commodity or entertainment conducted, sold or offered on the lot where the sign is
located, including real estate signs on premises for sale;
SIGN, MONUMENTAL: A sign which directs attention to a location or event of historical
interest, or a sign erected to identify the entrances to the City of Barre or points of interest to
be found therein. Signs which may be construed to direct attention to a business, industry,
profession, service, commodity or entertainment conducted, sold or offered are not
monumental signs.
SIGN, SANDWICH: Any sign not permanently attached to the ground or permanent
structure. They are self-supporting, and stand without supporting elements. They lack
internal or external lighting, mirrors, reflective material, flagging, streamer effects or sound
effects;
SIGN, TEMPORARY: Any sign, advertising sign, business sign, banner pennant or other
advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other
light materials, with or without frames, intended to be displayed for a limited time;
SINGLE DETACHED DWELLING: A dwelling for housing a single family;
SLUG: Any discharge of water, sewage, or industrial waste which in concentration of any
given constituent or in quantity of flow exceeds for any period of duration longer than 15
minutes, more than 5 times the average 24 hour concentration or flows during normal
operation;
SOLID WASTE INCINERATOR: A use of land for the collection, sorting and incineration
of solid waste;
SOLID WASTE TRANSFER FACILITY: A use of land for the collection, sorting and
shipment of solid waste;
STABLE: A building or structure for housing horses;
STATE: The State of Vermont (referred to as “
the state”or “
thi
sst
ate
”);
STORY: That part of a building which is between one floor level and the next higher floor
level, or, if there is no floor above it, the ceiling above it;
STREET: An existing or proposed public way for vehicular traffic which affords the
principal means of access to abutting properties. The word "street" shall include streets,
avenues, boulevards, roads, alleys. lanes, viaducts and all other public ways in the city;
STREET FRONTAGE: Lot lines which abut a public street;
STREET GRADE: The officially established grade of a street upon which a lot fronts;
Page 30 of 77
STREET LINE: The right-of-way line of a street as dedicated by a deed or record. Where the
width of a street is not established the street line shall be considered to be 25 feet from the
centerline of the street pavement;
STREET TREES: Trees, shrubs, bushes, and all other woody vegetation on land lying
between property lines on either side of all streets, avenues, and ways within the city;
STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground or attachment to something on the ground, except a wall or fence on an operating
farm, and also except storage tanks, bins and other receptacles and accessories thereto, placed
under the surface of the finished grade;
STRUCTURE, ACCESSORY: A structure customarily incidental, subordinate and clearly
related to the principal structure and located on the same lot;
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value (fair market
value to be defined as the assessed value adjusted to a 100-percent valuation based on the
State of Vermont's estimation of Barre's percentage of fair market value) of the structure
either, before the improvement or repair is started, or if the structure has been damaged, and
is being restored, before the damage 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 Sites;
SUPPLIED: Installed, furnished or provided by the owner at his or her expense;
SWIMMING POOL: A receptacle of water, or any artificial pool of water either having a
depth at any point of more than 18 inches, whose surface area exceeds 100 square feet, and
which is intended for the purpose of immersion or partial immersion therein of human
beings. All pool equipment and fixtures shall be part of a pool.
TAILOR/SHOE REPAIR SHOP: A use of land for the repair and alteration of shoes or
clothing for customers on a walk-in basis, and the fabrication of individual shoes or items of
clothing made-to-order for individual customers on a walk-in basis. This use specifically
does not include the fabrication of shoes or clothing for wholesale distribution;
TANNING BOOTH: A facility or piece of equipment for administering radiation to people
to induce suntans;
TANNING SALON: A use of land for providing sun tanning services in one or more
TANNING BOOTH;
TEMPORARY FENCE AND BARRICADES: A fence used for a temporary period on a
construction site.
TENANT, OCCUPANT: A person under rental agreement to occupy a dwelling or rooming
unit to the exclusion of others. The word "tenant" or "occupant" applied to a building or land
shall include any person holding a written or oral lease of, or who occupies the whole or a
part of, such building or land, either alone or with others;
Page 31 of 77
TERMINAL, TAXI/BUS/PASSENGER: A use of land for the storage and dispatch of
taxicabs, buses and similar vehicles;
THEATER: A use of land for the entertainment of people involving motion pictures, video
transmissions, plays, lectures, music performances, and similar entertainments;
TRAFFIC SIGN: All signs, signals and markings placed or erected by authority of laws of
the State of Vermont, by authority of the council or pursuant to city ordinances, for the
purpose of regulating or directing traffic or the parking of vehicles;
TRAILER, DOMESTIC: Any towed vehicle used for sleeping, camping or living quarters;
TRAILER, GOODS CARRYING: Any towed vehicle used to transport chattels or animals;
TRANSITIONAL HOUSING: A use of land for the housing of two or more unrelated people
in which meals are prepared and/or served to the group in common. Housing of the group is
part of an organized program to provide for the needs of an affinity-group such as, but not
limited to: parolees or prison-release program members, handicapped or special-needs
people, orphans, people undergoing physical rehabilitation, substance-abuse rehabilitation or
convalescence; (Amended 3/21/06 by Ord. 2006-1)
TRUCK STORAGE: A use of land for the storage of licensed trucks;
TRUCK TERMINAL: A use of land for the storage and dispatch of trucks and the temporary
storage of goods awaiting transshipment;
USE, ACCESSORY: A use customarily incidental, subordinate and clearly related to the
primary use and located on the same lot;
USE, CONDITIONAL: A use allowed in a district with approval by the DRB under
conditions specified in zoning ordinances, excluding illegal and nonconforming uses;
USE PERMITTED: A use specifically allowed in a district, excluding illegal uses and
nonconforming uses;
USE, PRIMARY: The main permitted or conditional use for the lot;
USE, TEMPORARY: An accessory use in which the duration is less than seven days at a
time and not more than 60 days in a year;
UTILITY APPARATUS: Equipment used in connection with a utility service such as
transformers, switches, amplifiers, and other similar equipment. “ UtilityAppa ratus”s ha l
lnot
include utility lines or poles or related structures to be used to support lines of apparatus
aboveground;
UTILITY LINES: Any wire, cable, conduit or other material for the transmission or
distribution of electrical, telecommunications, audio/visual or other signals, impulses or
energy;
VEHICLE MAINTENANCE FACILITY: A use of land for the refueling of vehicles, repair
of vehicles, installation of vehicle parts, including tires, in which such services are not
offered to the general public on an individual basis;
Page 32 of 77
VEHICLE REPAIR FACILITY: A use of land for the repair of private and commercial
vehicles, and the sale and installation of vehicle parts, including tires, in which gasoline,
diesel fuel for vehicles or other vehicle fuels are not sold;
VEHICLE SALES: A use of land for the sale of vehicles, in which no vehicle repairs are
performed;
VEHICLE SALES/SERVICE: A use of land for the sale of vehicles, in which vehicle repairs
are performed;
VERY LOW INCOME HOUSEHOLD: A household having an income not exceeding 50
percent of the median income for area of residence as set forth in regulations promulgated
from time to time by the United States Housing and Urban Development Agency pursuant to
42 U.S.C. Section 1437 et seq.;
WAREHOUSE, RETAIL, INCLUDING FOOD: A use of land for the storage and sale of
goods, including food;
WAREHOUSE, RETAIL, NONFOOD: A use of land for the storage and sale of goods,
except food;
WAREHOUSE, SALES AND DISTRIBUTION FACILITY: A use of land for the
distribution of goods to RETAIL ESTABLISHMENTS, FOOD STORES and similar
establishments;
WAREHOUSE, STORAGE, INCLUDING Food A use of land for the storage of goods,
including food;
WAREHOUSE, STORAGE, NONFOOD: A use of land for the storage of goods, except
food;
YARD, FRONT: A setback extending across the full width of the lot between the leading
edge of the building or structure and the front lot line;
YARD, SIDE: A setback extending across the full width of the lot between the leading edge
of the building or structure and the side lot line;
YARD, REAR: A setback extending across the full width of the lot between the leading edge
of the building or structure and the rear lot line;.
YARD SALE, LONG-TERM: A use of land for selling goods out of doors for not more than
four days at a time and more often than four times in a calendar year;
YARD SALE, TEMPORARY: A use of vacant land for selling goods out of doors for not
more than four days at a time and not more often than four times in a calendar year;
YARD SALE, TEMPORARY ACCESSORY: An accessory use of land for selling goods out
of doors for not more than four days at a time and not more often than four times in a
calendar year.
Page 33 of 77
ARITCLE 3. ZONING DISTRICTS AND ZONING MAP
Page 34 of 77
ARTICLE 4. GENERAL REGULATIONS
4.3.04 In granting conditional use approval, the DRB may attach reasonable conditions and
safeguards that it deems necessary to implement the purposes of the Act and these
regulations. They may include, but are not limited to requirements for the installation,
operation and maintenance of such devices and/or such methods of operation as may be
reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, noise, vibration or
other nuisances. The DRB may also attach reasonable conditions regarding the extent of
open spaces between the proposed use and surrounding properties as will tend to prevent
injury which might otherwise result from the proposed use to surrounding properties and the
neighborhood.
4.3.05 The DRB shall either issue a conditional use permit or deny an application for such permit
within 60 days after the date of the final public hearing on the application. Failure to so act
within such period shall be deemed approval of the application.
4.4 SITE PLAN REVIEW
4.4.01 No Zoning Permit shall be issued for any use or structure, except for one family and multi-
family residences up to four residential units until a site plan is approved. The DRB or
Zoning Administrator, as the case may be, shall consider and may impose appropriate
conditions, modifications and safeguards with respect to the following: [Amended 3/21/06
by Ord. 2006-1]
1. Vehicular access, circulation, parking and loading for all vehicles that can reasonably be
expected to serve, use and access the site.
2. Pedestrian Access. Pedestrian circulation within the site and access through the site to
adjacent properties and along public roads may be required.
Page 36 of 77
3. Landscaping and screening. Landscaping may be required in front and side yards,
adjacent to parking areas, where rear yards abut residential properties or public roads
and as otherwise necessary to provide adequate screening.
4. Exterior lighting. Light fixtures shall not create excessive illumination or off-site glare
and shall be directed so as not to cause glare on adjacent roadways, cause excessive
levels of illumination or result in direct illumination of neighboring properties.
5. Hours of Operation. Hours of operation may be limited to ensure that an approved use
does not adversely affect the character and reasonable expectation of peace and quiet of
residential neighborhoods.
6. Stormwater and Drainage. Adequate provisions shall be made for the management of
stormwater runoff. Surface water runoff shall be minimized and, if possible, detained on
site.
4.4.02 Site plans submitted to the Development Review Board shall include the following items
unless waived by the Development Review Board:
1. Proposed layout of the entire property, including metes and bounds for property lines
and easements.
2. The location of all existing and proposed property lines, right-of way lines, buildings,
structures, watercourses, wetlands and other existing physical features on or adjacent to
the property.
3. Setback distances to lot lines of all existing and proposed buildings.
4. Location of all proposed and existing easements.
5. Location and size of all private and public existing storm lines, stormwater detention
facilities, sanitary lines, water lines and any other utilities on the site.
6. An arrow indicating direction of North.
7. Contours for the entire plan at ten-foot intervals.
8. Proposed grading plan.
9. Location of all flood zone designations on the property.
10. Location of all existing and proposed landscaping.
11. Location of all sidewalks.
12. Location of existing and proposed parking and traffic circulation.
13. A chart indicating existing, proposed and required parking.
14. Exterior lighting plan, including levels of illumination.
15. Any other materials or information that the Development Review Board and/or Zoning
Administrator deems necessary to determine if a land development meets all applicable
Zoning regulations.
Page 37 of 77
4.4.03 The DRB shall approve or disapprove a site plan within 60 days after the date upon which it
receives the proposed plan. Failure to so act within such period shall be deemed approval of
the plan.
4.5 FENCES AND WALLS
4.5.01 Fences and walls six feet in height or less are permitted uses in each district and may be
erected along property lines with a Zoning Permit. Fences and walls greater than six feet in
height shall require conditional use approval from the DRB.
4.5.02 Fences shall not be required to meet the setback requirements for the districts in which they
are located, provided they meet the requirements of this section.
4.5.03 The finished side of a fence shall face adjoining properties or the street if the appearance of
the fence is not the same on both sides.
4.5.04 Trees, shrubs, evergreens, walls, fences and any structures located within a yard which
interfere with the view or sight of an operator of a motor vehicle are not permitted.
4.5.05 Snow fences are permitted in any yard area from November 1 through May 1.
4.5.06 Temporary fences and barricades are permitted during construction periods.
4.6 SETBACK EXEMPTIONS
[Amended 3/21/06 by Ord. 2006-1]
4.6.01 Within any required yard area, there can be no structures or buildings unless otherwise
explicitly exempted as follows or elsewhere in this ordinance. Exempt structures and
buildings include the following unless noted differently elsewhere in this ordinance:
1. Fences and walls
2. Sidewalks and driveways
3. Lampposts
4. Signs
5. Patios or terraces at grade level
6. Swing sets and similar playground equipment
7. Handicapped ramps
8. Flag poles
9. Barbecue pits
10. Decorations such as statutes or similar items
11. Playhouses
12. Animal housing up to 40 square feet in size
4.7 NONCONFORMING USES AND NONCOMPLYING STRUCTURES
Page 38 of 77
4.7.01 Intent - It is the intent of this section to maintain the property rights of a parcel of land which
has a nonconforming use or noncomplying structure, while at the same time protecting the
property rights of the surrounding neighborhood.
4.7.02 Nonconforming Uses - Any nonconforming use may be used and continued, provided:
1. It shall not be moved, enlarged, altered, extended, reconstructed or restored, except as
otherwise provided in this section;
2. It shall not be changed to another nonconforming use without approval of the DRB of
the City of Barre and there is not an increased use;
3. It shall not be reestablished or restored, if such use has been discontinued for a period of
one year, regardless of evidence of intent to resume such use, or has been changed to, or
replaced by, a conforming use; provided, however, that if a nonconforming use is
discontinued or suspended by governmental authority, the period during which it has
been so discontinued or suspended shall not be counted in determining the period of
discontinuance.
4.7.03 Noncomplying Structures - Any noncomplying structure may be used and continued,
provided it shall not be moved, enlarged, altered, extended, reconstructed or restored unless
such changes comply with the standards of the district in which such structure is located.
4.7.04 Other provisions of this ordinance notwithstanding:
1. A nonconforming use or noncomplying structure may be maintained so long as such
maintenance does not result in increased floor area and the maintenance does not
require a Zoning Permit as per the regulations in § 14.1.01.
2. A nonconforming use or noncomplying structure may be altered with DRB approval in
order to address considerations of energy, safety, environment and health so long as such
alteration does not result in increased floor area or increased use.
3. Any nonconforming use or noncomplying structure damaged by fire, flood, explosion or
other casualty may be rebuilt and used as before, provided that said structure contains no
greater floor area or increased use than before and is reconstructed within two years.
4. Any nonconforming use or noncomplying structure which is partially or totally
demolished or razed by order of a governmental authority, may be rebuilt and used as
before such order, provided that the structure contains no greater floor area or increased
use than before and is reconstructed within two years.
5. Fixtures, machinery, equipment and tools used in a nonconforming use may be replaced,
provided they are not of a size, capacity or productive capacity greater than the item they
replace. Replacements (value exceeding $l,000.00) requiring a change in location or
which are of a greater size, capacity or productive capacity may be made with the
approval of the Development Review Board, provided that the change does not intensify
the nonconforming use by:
a. Expanding the structure in any manner
b. Appreciably increasing external conditions such as, but not limited to, noise,
traffic, dust, vibrations, and odor.
Page 39 of 77
6. The DRB, upon application made before the expiration of a period prescribed in this
section, may extend such period of time for hardship arising out of, but not limited to,
inability to reconstruct due to strikes, acts of God, shortages of materials or
transportation, weather conditions and other equitable considerations.
4.7.05 Noncomplying Principal Residential Structures - In the following circumstances, alteration,
reconstruction, extension or structural change (collectively "alteration") to a noncomplying
residential principal structure shall be permitted:
1. Alteration to a principal structure which complies with all current setbacks, open space,
lot coverage and building height requirements but is located on a lot with insufficient
area, where the alteration will also comply with all of said current requirements.
2. Alteration to a principal structure which encroaches upon one or more required setbacks,
where the alteration will comply with all current setbacks, open space, lot coverage and
building height requirements.
3. Alteration to any side of a principal structure which encroaches upon a required setback
area, where the alteration will not encroach at a distance greater than the existing
structure.
4. Alteration to a structure which will not increase the footprint of the existing structure,
provided that existing height restrictions shall not be exceeded.
4.8 EXISTING SMALL LOTS
[Amended 3/21/06 by Ord. 2006-1]
4.8.01 Any parcel of land which is legally subdivided, is in individual and separate nonaffiliated
ownership from surrounding properties, and is in existence on the effective date of the
minimum lot size requirements in these regulations may be developed for the purposes
permitted in the district in which it is located even though not conforming to minimum lot
size requirement if the parcel is at least 5,000 square feet in area. This provision shall not
exempt development on such lots from the other provisions of these regulations.
4.8.02 If such nonconforming lot subsequently comes under common ownership with one or more
contiguous lots, the lot shall be deemed merged for the purpose of development with the
contiguous lot to the extent necessary to meet the district lot size regulations. Individual
contiguous lots under common ownership may be transferred to other ownership without
subdivision if:
1. The remaining lots meet all applicable district regulations
2. The lots remain in their originally approved configuration
3. The transferred lot(s) are either of adequate configuration to meet applicable district
regulations or will be used in conjunction with other contiguous lots in order to meet
applicable district regulations
4.9 WAIVERS
[Added 3/21/06 by Ord. 2006-1]
4.9.01 The Development Review Board may grant a waiver from dimensional requirements when:
1. Fire safety, disability accessibility, or other building code requirements can not be
reasonably satisfied without a waiver or
Page 40 of 77
2. Energy conservation and renewable energy structures can not be reasonably developed
without a waiver or
3. The waiver is necessary to allow for reasonable expansions of existing uses and
construction of new uses given existing configuration of development on the parcel,
irregular lot configuration, or restrictions of existing topography.
In all cases, the waiver:
1. Must be found to be in conformance with the municipal plan and state planning goals.
2. Shall not change the overall character of the surrounding area or neighborhood.
3. Shall not exceed 5% of the required lot size.
4. Shall not exceed 20% of the any other dimensional requirement.
The applicant may propose, or the Development Review Board may require, mitigation of
any affect through design, screening, or other remedy as part of the waiver approval.
Page 41 of 77
ARTICLE 5. SPECIAL USE REGULATIONS
Page 42 of 77
4. All motor vehicle parts and dismantled vehicles are to be stored within a building, and
no repair work other than repair work taking less than an hour is to be performed outside
a building;
5. No signs shall be nearer than 10 feet of any property line, nor exceed 20 feet in height;
6. There shall be not more than two access driveways from the street. The maximum width
of each access driveway shall be 40 feet.
5.4 GROUP HOMES
[Amended 3/21/06 by Ord. 2006-1]
5.4.01 As provided in the Act, a residential care home or group home to be operated under state
licensing or registration, serving not more than eight persons who have a handicap or
disability as defined in 9 V.S.A. § 4501, shall be considered by right to constitute a
permitted single-family residential use of a property, except that no such home shall be so
considered if it is located within 1,000 feet of another existing or permitted such home. Said
1,000-foot-separation shall be measured between the actual residences and not the edge of
the parcels.
5.5 HOME OCCUPATIONS
[Amended 3/21/06 by Ord. 2006-1]
5.5.01 As provided in the Act, no provision of these regulations shall infringe upon the right of any
resident to use a minor portion of a dwelling for an occupation which is customary in
residential areas and that does not have an undue adverse effect upon the character of the
residential area in which the dwelling is located. Home occupations are permitted with the
following conditions:
1. The owner of the home occupation shall reside on the premises;
2. No more than two nonresidents may be employed by the home occupation;
3. The
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4. No traffic shall be generated in volumes that would be greater than normally expected in
a residential area;
5. The home occupation shall not increase the level of noise, smoke, dust or odors in the
neighborhood; and
6. Home child daycare facilities serving no more than six full-time and four part-time
children shall be considered as home occupations subject to the requirements of this
section.
5.6 MOBILE HOMES
5.6.01 A mobile home may be used for residential purposes in appropriate residential districts and
must comply with the regulations of the district.
5.6.02 It shall be unlawful for any person to keep or occupy a mobile home for any other purpose
except that a mobile home may be kept in a motor vehicle sale showroom and a motor
vehicle lot, but not there occupied for any purpose.
Page 43 of 77
5.7 MOBILE HOME PARKS
5.7.01 No person shall construct or operate a mobile home park without first obtaining site plan
approval from the DRB and a permit from the Administrative Officer. Before issuing a
mobile home park permit, a performance bond shall be given by the operator to the City of
Barre, to assure that the park is constructed and maintained in a manner consistent with the
manner in which a good householder would maintain his or her property, and consistent with
the requirements of law.
5.7.02 Application for a mobile home park site plan approval shall be made to the DRB. The
application shall be in writing and accompanied with a site plan and drawings, showing
property lines, area, contours showing any proposed grading, roads, walkways, lots, parking
spaces, water lines, sanitary sewer lines, sanitary sewer and storm sewer drainage facilities,
garbage stations, recreational area location and electrical distribution.
5.7.03 The following standards and requirements shall apply to all mobile home parks:
1. The area of a park shall be not less than five acres, ten percent of which shall be devoted
to common recreational purposes for benefit of occupants of the park and their guests;
such area shall be open and no building erected thereon;
2. A mobile home shall be on a lot not less than 10,000 square feet in area, exclusive of any
roads, walks and common recreational areas;
3. Access driveways and roads for vehicular travel in the park shall be not less than 50 feet
wide, and shall be paved over compacted gravel;
4. Parking space shall be provided in conformity with ordinance;
5. Each mobile home lot shall have a water supply source approved by the City of Barre
Board of Health;
6. Each mobile home lot shall have attachment for sewage disposal approved by the City of
Barre Board of Health:
7. The park shall be provided with adequate storm sewers to remove surface drainage of
water;
8. No mobile home shall be located closer to a public street than 80 feet, nor closer to a
property line than 50 feet;
9. A strip of land at least 25 feet in width shall be maintained as a landscaped area abutting
all mobile home park property lines, except within fifty feet of either side of the
centerline of any road leading into the park from a street;
10. No mobile home shall be parked on a lot closer than 20 feet of the location of another
mobile home;
11. No additions shall be made to a mobile home except a canopy and/or porch open on
three sides, or an addition made by a mobile home manufacturer, or an addition
approved by the Development Review Board.
5.8 SOIL, SAND AND GRAVEL EXTRACTION
5.8.01 The extraction of soil, sand and gravel for personal use on site is permitted without approval
of the Administrative Officer or the DRB, provided that the proposed operation will not:
Page 44 of 77
1. Cause any hazard to public health and safety; or
2. Adversely affect neighboring properties, property values or public facilities and services,
surface water and groundwater supplies, or natural, cultural, historic, or scenic features.
5.8.02 The removal of soil, sand or gravel for sale shall be permitted only upon approval of a plan
for the rehabilitation of the site by the DRB and posting a bond to assure rehabilitation in
accordance the Act.
5.9 SWIMMING POOLS
5.9.01 No swimming pool shall be constructed less than 10 feet from any side or rear property line
nor less than 25 feet from the nearest street line.
5.9.02 All in ground pools shall be completely enclosed by a fence at least four feet in height. A
dwelling or accessory building may be used as part of such enclosure, in lieu of fencing.
5.9.03 Structures associated with a pool must meet all applicable yard requirements for the district
where they are located.
5.10 TRANSMISSION LINES
5.10.01 So long as they are used for transmission line use, the land, rights and easements owned by a
public utility company on the effective date of this ordinance and then actually used for the
accommodation or use of transmission lines (as used in Section 4409(a)(1) of the Act) shall
be exempt from the provisions of this ordinance. This provision, together with other
provisions made in this ordinance, relating to transmission lines, are made to provide
reasonable provisions for the location of such transmission lines.
5.11 TRANSMISSION TOWERS
5.11.01 On a lot having an elevation of over 900 feet above sea level, upon application in writing
and after consideration and evaluation required under this ordinance, and on finding that any
proposed tower will be so located that if it falls, it will fall entirely upon the land of the
applicant and not less than 20 feet from the lot line of any abutting lot, the DRB may
approve a lot for radio, telecommunications or television use, with a transmission tower or
towers; provided, however, that after such approval, the applicant applies for and receives a
conditional use permit from the DRB and provided, further, that the lot shall otherwise meet
all the standards and requirements of the district in which it is located.
5.12 TEMPORARY ACCESSORY YARD SALES
5.12.01 Temporary accessory yard sales are permitted without the issuance of a Zoning Permit.
5.13 CONSTRUCTION TRAILERS
5.13.01 Portable trailers used for temporary office or storage associated with construction are
permitted in all districts and are not required to meet setback requirements if the following
conditions are met:
1. The construction trailers are on-site or within 300 feet of the lot with construction.
2. A Zoning Permit is obtained for each construction trailer.
3. Construction does not cease for more than one month, except when necessary due to
inclement weather.
4. The construction trailer is removed within one month of completion of construction.
Page 45 of 77
5.14 LIMITATIONS OF REGULATIONS
[Added 3/21/06 by Ord. 2006-1]
5.14.01 In accordance with the Act, the following uses may be regulated only with respect to
locations, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street
parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements,
and only to the extent that regulations do not have the effect of interfering with the intended
functional use:
Public and private schools and other educational institutions certified by the state
department of educations
Regional solid waste management facilities for which a notice of intent to construct has
been received under V.S.A. Chapter 159
Hazardous waste management facilities for which a notice of intent to construct has been
received under 10 V.S.A. § 6606a
Not interfering with the intended functional use shall mean establishing requirements that
make it unreasonable or impossible to fulfill the establishment's primary function.
5.14.02 Agricultural and silvicultural practices shall not be regulated to the extent outlined in the
Act.
Page 46 of 77
ARTICLE 6. TABLE OF USES
The following table provides a list of the permitted uses (P), conditional uses (C), and uses not permitted
(blank) for each zoning district. When determining a land use classification for a property, the most
specific use below shall be interpreted as the use of that property. [Amended 3/21/06 by Ord. 2006-1]
USE R-10 PR CBD COM DMU I-C I CONS
(C- Conditional Use; P- Permitted Use)
Accommodation, Bed & Breakfast C C C C C C C
Accommodation, Motel & Hotel C P C C
Agriculture C C
Agriculture, Piggery C
Amusement Arcade, Indoors C C C C
Amusement Arcade, Outdoors C C C C
Animal Boarding Facility C C P C C
Animal Exhibit C C C
Animal Hospital C P P
Antenna/Television Satellite Dish, C C C P P P P C
Commercial
Antenna/Television Satellite Dish, P P P P P P P P
Residential
Apartment, Accessory P P P P P P P
Appliance Sales & Service P P P P
Aquarium P P P
Art Gallery and Studio P P P P C
Art Gallery, Private P P P P
Art Gallery, Public C P P P
Art Studio C P P P P C
Athletic Facility C P P P C C
ATM Facility C P P P P C
ATM Facility, Accessory Use P P P P
Auction, Animals C C C
Auction House C P P P C
Auto Body Shop P C C
Auto Detail Shop C P C P P
Auto Parts Sales P P P P
Auto Storage Yard C C C
Auto/Scrap/Salvage Yard C
Baking Facility C P P P P
Bank, Loan Office, Credit Union P P P P
Bank, Loan Office, Credit Union Drive- P P P P
Through
Bar, Tavern, with Cabaret Facilities C P P P
Bar, Tavern, without Cabaret Facilities C P P P
Beverage Center P P P P
Bicycle Sales/Service Shop P P P P
Billiard/Pool Parlor C P P P
Boarding House C C C C C
Boat Sales/Service Facility P P P C
Bowling Alley C P P P
Building Supplies Dealer P P P P
Campground C
Campground, Tents Only P
Car Wash P P
Car Wash, Incidental C P P C
Page 47 of 77
USE R-10 PR CBD COM DMU I-C I CONS
(C- Conditional Use; P- Permitted Use)
Cemetery P C
Church, House of Worship C P P C
Circus/Carnival C C
Club, Membership C P P P
Communications Studio P P P P
Community Center, Commercial C P P P
Community Center, Noncommercial C P P P
Contractor Yard P P P
Contracting Services P P P P
Convenience Store P P P P
Convenience Store/Gasoline Sales P P P
Corrections Facility C C
Crematory P P P P
Daycare C C C
Daycare Home, Large C C C C P C
Daycare Home, Small P P P P P P P P
Dental Lab P P P P P
Dental Lab, Accessory Use P P P P P
Distribution Center with Showroom P C P C
Distribution Center without Showroom P C P P
Drive-Through Business P P P
Drive-Through Facility C P P P
Dry Cleaning Plant C C P
Dry Cleaning Service P P P P
Dwelling, Multi-Family (new and P C C C C C
additions)
Dwelling, Single-Family (new) P P C C C C C
Dwelling, Two-Family (new) P C C C C C
Dwelling, Single-Family and Two-Family P P P P P P P
(additions and accessory)
Dwelling, Multi-Family (accessory P P P P P P P
building)
Elderly Housing C C C C C
Emergency Shelter C C C C C C
Flea Market, Long-term C C C
Flea Market, Temporary C P P C C
Food Processing Facility, C C P
Food Sales, Open Air Market C P C C
Food Sales, Take Out/Catering P P P P
Food Store, Large C P C P
Food Store, Small P P P P
Funeral Home C C P P P
Furniture Store P P P P
Garden Supply Store P P P
Gas and/or Oil Distribution Facility C P
Gas Utility System C C C C C C P C
Gasoline Sales Facility P P P
Gasoline Sales/Automotive Repair P C P
Golf Course C C
Golf Course, Other C
Granite Industry Uses P
Group Home, Small P P P P P P P P
Health Club C P P P C
Historic Inn C C P P P
Page 48 of 77
USE R-10 PR CBD COM DMU I-C I CONS
(C- Conditional Use; P- Permitted Use)
Home Occupation, Major C C C C C C C C
Home Occupation, Minor P P P P P P P P
Hospital P C C
Hospital Clinic C P P P
Junkyard C
Landfill C
Landfill Collection Site C
Landscape Service Facility P P C
Laundromat C P P P
Laundry P P P C
Library P C P C
Liquid Waste Facility C
Machine Shop P C P
Mail Service Facility C P C P P
Manufacturing, Heavy C
Manufacturing, Light C P P
Marina C C C
Massage Therapy Facility C P P P
Medical Lab C C C
Mini-Warehouse/Self Storage P P C
Mobile Home Park C
Motorcycle, Sales/Service Shop P P P
Museum, General C C C
Museum, Industrial and Labor C C C C
Office, General P P P P
Office, Medical/Dental/Optical P P P P
Office, Realty/Law/Financial P P P P
Park, Private C C C C C C C
Park, Public C C C C C C P
Parking Area C C C P P P P C
Parking Garage, Other C P P P
Parking Garage, Private C C P P P C
Parking Garage, Public C P C P C
Parking Lot, Private C C P P P C C
Parking Lot, Public C P C P C C
Path, Bridle C C C C C C P
Path, Recreation C C C C C C C P
Personal Service, General P P P P
Personal Service, Health P P P P
Pet Store C P P P
Photo Kiosk, Drive-through C P P P
Photo Kiosk, Walk-up P C P C
Photo Processing, Blueprint C P P P P
Photo Processing Facility P P P P
Photo Processing, Medical C P P P P
Photo Processing, Mini-lab C P P P
Photo Studio P P P P
Planned Residential Development C C
Postal Office P P P P C
Postal Processing Facility C P P P P
Printing, Printing Factory C C P P
Printing, Quick Print Facility P P P P
Public Assembly Use C C C C
Public Safety Facility C P P P P P
Page 49 of 77
USE R-10 PR CBD COM DMU I-C I CONS
(C- Conditional Use; P- Permitted Use)
Railroad Storage/Service/Repair C C C
Recreational Pier C C C C
Recycling Center, 2,000 sq. ft. max. P P P
Recycling Center, over 2,000 sq. ft. C C P
Repair Shop P P P P
Research Lab, Type 1 C C P P
Research Lab, Type 2 P
Restaurant P P P P
Retail Establishment P P P P
Sales, Outdoors C P C P
School Administrative/Faculty Office C P P P
School, Dining Facility C C C C
School, Dormitory C C C C
School, Sorority/Fraternity C C C
School/College/Educational Institution C C C C
Shopping Center C C C C
Shopping Center/Gasoline Sales C C C
Shopping Mall C C C C
Shopping Mall/Gasoline Sales C C C
Solid Waste Incinerator C
Solid Waste Transfer Facility C
Tailor/Shoe Repair Shop P P P P
Tanning Salon P P P P
Terminal, Taxi/Bus/Passenger C C C C
Theater P P P P
Transitional Housing C C C
Truck Storage C C
Truck Terminal C C
Vehicle Maintenance Facility C P P
Vehicle Repair Facility P C P P
Vehicle Sales C P C P
Vehicle Sales/Service C P C P
Warehouse, Retail, Including Food C C P
Warehouse, Retail, Nonfood C C P
Warehouse Sales and Distribution Facility C C P P
Warehouse, Storage, Including Food C P P
Warehouse, Storage, Nonfood C P P
Yard Sale, Long-term C C C
Yard Sale, Temporary C C C C C C C
Page 50 of 77
ARTICLE 7. DIMENSIONAL REQUIREMENTS
1
Existing small lots undeveloped in any district need be only 5,445 square feet to allow for development of any uses
permitted in that district.
2
A two-foot overhang on the principal building is permitted for roof eaves into all yard areas. Please also refer to Articles 4
and 5 regarding special setback provisions for certain special uses and non-complying structure alterations.
3
In the R-10 and PR districts the following exceptions to the yard requirements apply:
When a principal structure has a noncomplying side yard setback, the side yard line shall follow the leading
edge of the building with a minimum of at least a four foot setback.
Porches and decks attached to the principal structure and not enclosed by walls or windows are permitted at a
setback of 16 feet in the front and rear.
Covered, unenclosed steps are permitted at a setback of 16 feet in the front and rear and four feet on the sides.
Handicapped ramps are exempt from all setback requirements.
When there are no other existing non-complying accessory structures on a property, one accessory structure up
to 480 square feet and not greater than 24 feet long on any side and not greater than 12 feet in height is
permitted at a setback of four feet on the side and rear.
4
When abutting a residential district, a minimum 25’setback is required.
5
No drive-thrus hallbel oc
atedwi th i
n50’ofNor thMa inSt reet
,Wa sh
ingtonStreet, or Church Street within the Barre
Downtown Historic District and extending to the southerly side of Seminary Street.
Page 51 of 77
ARTICLE 8. PARKING/LOADING SPACE REGULATIONS
45 13 9 x 19
60 18 9 x 19
90 24 9 x 19
Parking lots with less than 10 parking spaces and serving residential uses only are required
to have 9 x 19 foot parking spaces, but are only required to have aisle widths of at least 12
feet.
8.3.02 Calculations: When determining the number of required parking spaces results in a
fractional space, the fractional space shall be interpreted as one required parking space.
8.3.03 Access: Parking facilities except for lots with less than 10 parking spaces and serving
residential uses only shall be designed to the following requirements for vehicular access to
a street or alley unless otherwise regulated by another governmental agency:
Dimension Requirements (feet)
Minimum (two-way) 24
Minimum (one-way) 12
Maximum 35 (except when it can be demonstrated
that additional width is required for truck
access)
Parking lots with less than 10 parking spaces and serving residential uses only are required
to have 9 x 19 foot parking spaces, but are only required to have aisle widths of at least 12
feet.
Page 53 of 77
8.3.04 In addition, access shall be designed acceptable to the City Engineer so that it:
4. Does not interfere with the operations of a signalized intersection;
5. Has adequate site distance for entering and exiting the site;
6. Has an adequate radius for the proposed vehicular access;
8.3.05 Striping: Paved parking lots with over 20 parking stalls shall be striped. Stripes shall extend
the length of the parking space.
8.3.06 Stormwater: Adequate stormwater drainage facilities shall be installed in order to ensure
stormwater does not flow onto abutting properties. In addition, adequate stormwater
facilities shall be installed in order to ensure that stormwater does not flow onto abutting
walkways or streets in such a way or amount that affects the use of the sidewalks or streets,
including causing icing of the sidewalk or street.
8.3.07 Residential Buffer: Where any nonresidential district or use abuts a residential district, the
parking or loading space shall be no closer than 15 feet of the property line abutting the
residential district, and the 15 foot strip shall be suitably screened and landscaped in a
reasonable manner.
8.3.08 Snow Removal: All parking plans must either provide adequate space for storage of cleared
snow or else must include a provision that cleared snow will be removed from the site.
8.3.09 No parking for residential uses shall be within 15 feet of any public right-of-way.
8.4 LOADING AND UNLOADING REQUIREMENTS
8.4.01 Loading and unloading requirements do not apply in the Central Business District.
8.4.02 Size: For every building hereafter erected, extended or changed in use for the purpose of
business, trade or industry, there shall be provided adequate off-street space for loading and
unloading of vehicles. A loading space shall be of adequate size to suit the specific use and
shall provide space for all truck loading to occur within the property boundaries. No loading
or unloading space shall require the use of the public right-of-way.
8.4.03 No loading and unloading area that is located within 100 feet of an occupied property zoned
residential may be used for loading or unloading between the hours of 8 pm and 7 am unless
permission is granted otherwise by the property owners within 100 feet.
8.5 PARKING/LOADING SPACE WAIVERS
8.5.01 The Development Review Board can grant a waiver from the parking and loading
requirements when an applicant can demonstrate that the parking lot design provides for safe
and adequate circulation. All such waivers shall require that the City Engineer review and
provide a recommendation whether such a waiver should be granted. Parking and loading
requirement waivers do not need to meet the criteria for a variance in the Act.
Page 54 of 77
ARTICLE 9. SIGN REGULATIONS
No sign or billboard shall be permitted in any district, except as specifically permitted in this ordinance
or by state law.
9.1 PERMITTED SIGNS
[Amended 3/21/06 by Ord. No. 2006-1]
9.1.01 The following signs are permitted when located on the lot in which the use or matter that is
the subject of the sign is located:
1. One professional or home occupation sign, not exceeding two square feet;
2. Signs identifying any permitted nonresidential use, not exceeding a total of 20 square
feet, except as provided in (4);
3. Signs necessary for public welfare including directional signs, not exceeding three
square feet each;
4. In the commercial district, central business district, and commercial-industrial district,
downtown mixed use district, and industrial district, one business identification sign per
outside wall fronting on a street, not to exceed one square foot for each lineal foot of
outside wall space occupied by the business. Said sign is permitted to be mounted on the
building or may be a free standing sign unless regulated otherwise in this ordinance.
5. One additional business sign up to 10 square feet is permitted per property.
9.2 SANDWICH SIGNS
9.2.01 Sandwich signs are permitted in the central business district, commercial district, and
industrial commercial district. Merchants may utilize no more than one sandwich board sign
in front of their place of business upon approval of the Zoning Office. The signs may be no
higher than three feet (measured from the pavement to the top of the sign) nor wider than
three feet at the widest point, and no larger than eight square feet per side and be placed no
closer than 20 feet from each other. In the central business district, the signs on public land
must be placed within two feet from the edge of the curb and must leave a minimum of six
feet of clear travel way between the sign and any structure (building, steps, wall, ramp). In
the commercial district and the industrial commercial district, sandwich signs are to be
located on the businesses premises, i.e. private property. Businesses that place a sandwich
sign in these districts will still meet the required square footage for a business as listed in.
section 9.1.The signs are to be removed each day at the end of the businesses hours of
operation. Approval for these signs will consist of a minimum of size, construction and
placement and address actions to be taken during times of adverse weather. The approval
will run May 1 to May 1 each year. It is up to the business to reapply for annual or new sign
permits.
9.3 SPECIAL SIGNS
9.3.01 Off-premises and special signs may be permitted upon approval of the DRB, after public
hearing, if the DRB finds that such sign is in the public interest and is not detrimental to
surrounding properties.
9.4 PROHIBITED SIGNS
9.4.01 The following signs shall not be permitted in any district:
Page 55 of 77
1. Advertising billboards;
2. Flashing, oscillating or revolving signs;
3. Roof signs, which exceed in height the highest point of the roof;
4. Freestanding signs over 25 feet high;
5. Signs which impair public safety;
6. Signs which may mislead a driver of a motor vehicle to believe that the sign erected by
governmental authority to regulate traffic in a street;
7. Sandwich signs of any nature are prohibited in all of the districts which are not listed in
this Article.
9.5 TEMPORARY SIGNS
9.5.01 Temporary signs shall be permitted when located on the lot in which the use of matter that is
the subject of the sign is located.
1. Area Limitations. No temporary sign shall exceed four feet in one of its dimensions or
exceed 60 square feet in size.
2. Duration of Permits. Permits for temporary signs shall authorize their erection and
maintenance for a period not exceeding 30 days.
9.5.02 Regulations for temporary signs shall not include temporary "for sale" real estate signs. Nor
shall they include civic, religious, or political signs which meet the definition of a temporary
use.
Page 56 of 77
ARTICLE 10. DESIGN REVIEW OVERLAY DISTRICTS
Page 57 of 77
2. Applications for the construction, reconstruction or alteration of any structure in the
Design Review District shall include the following:
a. Architectural elevations (all sides of the building), drawn to scale, of existing
structures, any new structures or changes to existing structures. Building
elevations shall show door and window types, shutters, and other exterior details.
b. A site plan for the development shall be required if the project involves changes
to the site as well as the building. The site plan shall show proposed landscaping,
including the planting, list of the type and size of material to be installed, sheet
flow drainage, and right-of-ways. It shall include a description of materials and
colors to be used on the exterior of the structure (all sides).
c. When deemed beneficial to the review, the authority may request photographs of
the site and the surrounding affected structures.
d. A narrative describing the proposed project.
e. Where deemed necessary, the application will address the concerns of the Flood
Hazard Zone as a part of the application.
10.1.07 Note: When the review authority has deemed it beneficial, it may require the applicant to
submit additional information to provide a clear understanding of the proposal. This
additional information may include models or other three-dimensional materials showing the
area surrounding the proposed project site.
DEMOLITION OF STRUCTURES
10.1.08 Within the Design Review District, review and approval by the Development Review Board
shall be required prior to the demolition of a building or a structure. Because a portion of the
District includes the Barre Downtown Historic District which is listed in the National
Register of Historic Places, the Development Review Board may approve the demolition if
it finds:
1. The structure is determined to be a deterrent to a major improvement that will be a clear
and substantial benefit to the municipality; or
2. The retention of the structure would cause undue financial hardship to the owner. The
burden of proving this hardship is on the owners.
REVIEW CRITERIA
10.1.09 Prior to the granting of approval, approval of a demolition, or approval of a site design
within the Design Review District, the Development Review Board shall give consideration
to the following design review criteria:
1. Applications shall be compatible with the streetscape (front yard setback) and character
of the area in proposing consideration of exterior design, arrangement, orientation,
texture and materials, so that they relate to the surrounding buildings and structures in
that area.
2. Scale and general size of proposed buildings or structures shall address the existing
surroundings, including such factors a st hebui lding ’sove r
allhe ig
ht ,widt h,s t
re et
frontage, number of stories, roof type, and architectural details. New buildings shall be at
least two stories with the incorporation of brick, granite, wood, cast-iron, historic used
Page 58 of 77
materials and other materials that maintain the character of the surrounding area along
the street frontage and alleyways.
3. When a proposed project is to be located next to a recognized historic structure, the
historic and architectural value of that structure shall not be diminished. When
developing the application, the applicant shall consider this relationship by incorporating
exterior architectural features, so that the proposal conforms to its surrounding area.
4. If natural features and existing landscaping are to be removed, there shall be plans to
replace such features and landscaping. The restoration or reestablishment of landscaping
shall consider such features from the surrounding properties (e.g., plant types).
5. Open space shall add to the visual amenities of the vicinity and surrounding properties.
If open space is intended for active use, it shall be so designed as to maximize its
accessibility for all, encouraging social interaction.
6. Applications shall address pedestrian and vehicular circulation. Special attention shall be
given to pedestrian movements in locating the number of curb cuts to public streets and
to proposed sidewalk widths, to the separation of vehicles and pedestrians, to the
arrangement of parking areas, and to service and loading areas. Applications shall
incorporate accessible routes and ramps for individuals with a disability.
7. Screening shall be required for refuse and utilities to block them from public view.
Screening material shall consist of plantings that will provide screening during all
seasons; structures made of wood, brick or granite in keeping with the general design of
the structure and the criteria listed in #3 & #4. Whenever possible, utility components
(HVAC units) shall be housed within or on the top of the proposed building. When not
possible, the applicant must provide evidence as to why, and offer proper screening. In
reviewing proposed screening, the Development Review Board shall look at criteria #3
& #4 to ensure the proposed screening is appropriate.
8. Satellite dishes may be permitted on the roof in an area within a 10-foot radius of the
center of the building. Any other proposed location should be considered a conditional
use. The criteria for conditional use review shall include that the satellite dish not be
located on the front façade. The City of Barre's Development Review Board shall
consider that satellite dishes not be seen from street level along North Main Street.
9. Applicants shall be required to develop within their proposal how they will deal with
rain, snow, and ice that may affect neighboring properties or public improvements. This
plan will have a provision for how they propose to address snow and ice within
circulation areas.
10. Any application which proposes new structures, additional lot coverage, or installation
of machinery or equipment which emits heat, vapor, fumes, or noise shall attempt to
minimize, insofar as practical, any adverse impact on light, air, and water or on noise
levels of the immediate surroundings
11. Utility lines that are to service the proposed project shall be buried.
12. Internally-illuminated and pole-mounted signs are prohibited from the exteriors of
buildings within this District. Signage that is to be separate from building (free-standing)
shall be developed as in criteria #3.
Page 59 of 77
13. Applicants shall be encouraged to use attractive exterior lighting fixtures that minimize
light pollution. They should use criteria #3 & #4 in developing their proposal.
10.2 CENTRAL BUSINESS DESIGN REVIEW DISTRICT. #2
PURPOSE
10.2.01 The purpose of the Central Business Design Review District is to protect and ensure the
historic, architectural and economic resources of downtown Barre City, and to encourage
new construction that will support the existing character and historic qualities of this area.
LOCATION
10.2.02 This District is identified on the Zoning map. This District is an overlay of the underlying
zoning districts, which include parts of Central Business District, Commercial District,
Industrial/Commercial District, Industrial District and the Flood Hazard Zone. Beginning at
the intersection of Maple Avenue/North Main/Route #62, west to the east side of Route #62,
to the east side of the Stevens Branch of the Winooski River, south to the north side of
Prospect Street, east to Main Street, crossing Main Street to the south side of Elm Street one
lot deep and including the former Matheson School to the intersection of Elm Street and
Summer Street, turning north on the east side of Summer Street to the south side of Maple
Avenue, one lot deep, turning west to the Maple Avenue/North Main Street intersection one
deep, also to include three lots on the northwest side of North Main Street.
REVIEW AUTHORITY
10.2.03 The Development Review Board shall carry out the review for this District. Within the
Design Review District, no structure including signs shall be erected, reconstructed,
substantially altered, restored, moved or demolished without review of the design plans and
proposal by the Development Review Board. Applications that are not within this District
shall be reviewed by requirements listed in the underlying Zoned District. When deemed
beneficial, the Development Review Board may seek advice and comments in reviewing
design plans for this District. Maintenance-related items are exempt from review.
APPLICATION PROCESS
10.2.04 Applications shall be submitted to the administrative officer who will review the application
and determine if it is complete. Once the application is deemed complete, it will be warned
for a public hearing in front of the Development Review Board.
REQUIRED APPLICATION MATERIAL
10.2.05 A Zoning Permit application shall include the following items unless waived by the
approving body upon determination that certain items are not applicable [Amended 3/21/06
by Ord. No. 2006-1]:
1. Complete signed application forms and fees. A completed application shall included a
plan, drawn to scale, with the dimension and location of the property, existing and
proposed structures, driveways, pedestrian ways, and access points to public streets and
parking spaces if proposed. The Planning & Zoning Office shall provide the forms.
2. Applications for the construction, reconstruction, or alteration of any structure in the
Design Review District shall include the following:
a. Architectural elevations (all sides of the building), drawn to scale, of existing structures,
any new structures or changes to existing structures. Building elevations shall show door
and window types, shutters, and other exterior details.
Page 60 of 77
b. A site plan for the development if the project involves changes to the site as well as the
building. The site plan shall show proposed landscaping, including the planting, list of the
type and size of material to be installed, sheet flow drainage, and rights-of-ways.
c. A description of materials and colors to be used on the exterior of the structure (all sides).
d. When deemed beneficial to the review, the authority may request photographs of the site
and the surrounding affected structures.
e. A narrative describing the proposed project.
f. Where deemed necessary, the application will address the concerns of the Flood Hazard
Zone as a part of the application.
10.2.06 Note: When the review authority has deemed it beneficial it may require the applicant to
submit additional information to provide clear understanding of the proposal. This additional
information may include models or other three-dimensional materials showing the area
surrounding the proposed project site.
DEMOLITION OF STRUCTURES
10.2.07 Within the Design Review District, review and approval by the Development Review Board
shall be required prior to the demolition of a building or a structure. The Development
Review Board may approve the demolition if it finds:
1. The structure is determined to be a deterrent to a major improvement that will be a clear
and substantial benefit to the municipality; or
2. The retention of the structure would cause undue financial hardship to the owner. The
Burden of proving this hardship is on the owners.
REVIEW CRITERIA
10.2.08 Prior to the granting of approval, approval of a demolition, or approval of a site design
within the Design Review District, the Development Review Board shall give consideration
to the following design review criteria:
1. Applications shall be compatible with the streetscape (front yard setback) and character
of the area in proposing consideration of exterior design, arrangement, orientation,
texture and materials, so that they relate to the surrounding buildings and structures in
that area.
2. Scale and general size of proposed buildings or structures shall address the existing
surroundings,inc ludings uchf actorsa sthebui ldi
ng ’
sove rallhe ight,wi dth,s tr
eet
frontage, number of stories, roof type and architectural details. New buildings will be
encouraged to be at least two stories with the incorporation of brick, granite, and/or
wood along the streetscape and alleyways.
3. When a proposed project is to be located next to a recognized historic structure, the
historic and architectural value of that structure shall not be diminished. When
developing the application, the applicant shall consider this relationship by incorporating
exterior architectural features, so that the proposal conforms to its surrounding area.
4. If natural features and existing landscaping are to be removed, there shall be plans to
replace such features and landscaping. The restoration or reestablishment of landscaping
shall be encouraged.
Page 61 of 77
5. Open space shall add to the visual amenities of the vicinity and surrounding properties.
6. Applications shall address pedestrian and vehicular circulation. Special attention shall be
given to pedestrian movements in locating the number of curb cuts to public streets and
to proposed sidewalk widths, to the separation of vehicles and pedestrians, to the
arrangement of parking area, and to service and loading areas. Applications shall
incorporate accessible routes and ramps for individuals with a disability.
7. Refuse and utility screening shall be required to be blocked from public view during all
seasons. Structures shall be in keeping with the general design of the structure and
criteria #3 & #4. Whenever possible, utility components (HVAC units) shall be housed
within or on the top of the proposed building. When not possible, the applicant must
provide evidence as to why, and offer proper screening. In reviewing proposed
screening, the Development Review Board shall refer to criteria #3 & #4 to ensure the
proposed screening is appropriate.
8. Satellite dishes, signal towers and antennas shall conform to review criteria #7.
9. Applicants shall be required to develop within their proposal how they will deal with
rain, snow, and ice that may affect neighboring properties or public improvements. This
plan will have a provision for how they propose to address snow and ice within
circulation areas.
10. Any application which proposes new structures, additional lot coverage, or installation
of machinery or equipment which emits heat, vapor, fumes or noise shall attempt to
minimize, insofar as practical, any adverse impact on light, air, and water or on noise
levels of the immediate surroundings levels of the immediate surroundings .
11. Internally-illuminated and pole-mounted signs are prohibited within this District.
12. Applicants shall be encouraged to use attractive exterior lighting fixtures that minimize
light pollution.
INDUSTRIAL AND INDUSTRIAL/COMMERCIAL DISTRICTS
10.2.09 The review criteria listed below only apply to the properties located within the
Industrial/Commercial District and the Industrial District.
1. Applications shall be compatible with the streetscape (front yard setback) and character
of the area in proposing consideration of exterior design, arrangement and orientation.
2. Scale and general size of proposed buildings or structures shall address the existing
surroundi ngs
,inc ludings uchfactorsa sthebui ldi ng’sove rallhe ight,wi dtha nds t
re e
t
frontage.
3. When a proposed project is to be located next to a recognized historic structure, the
historic and architectural value of that structure shall not be diminished.
4. If natural features and existing landscaping are to be removed, there shall be plans to
replace such features and landscaping. The restoration or reestablishment of landscaping
shall be encouraged.
5. Applications shall address pedestrian and vehicular circulation. Special attention shall be
given to pedestrian movements in locating the number of curb cuts to public streets and
Page 62 of 77
to proposed sidewalk widths, to the separation of vehicles and pedestrians, to the
arrangement of parking areas and to service and loading areas
6. Refuse and utility screening shall be required to be blocked from public view during all
seasons. Structures shall be in keeping with the general design of the structure and
criteria #3 & #4. Whenever possible, utility components (HVAC units) shall be housed
within or on top of the proposed building. When not possible, the applicant must provide
evidence as to why, and offer proper screening. In reviewing proposed screening, the
Development Review Board shall refer to criteria #3 & #4 to ensure the proposed
screening is appropriate.
7. Satellite dishes, signal towers and antennas shall conform to review criteria #6.
8. Applicants shall be required to develop within their proposal how they will deal with
rain, snow, and ice that may affect neighboring properties or public improvements. This
plan will have a provision for how they propose to address snow and ice within
circulation areas.
9. Any application which proposes new structures, additional lot coverage, or installation
of machinery or equipment which emits heat, vapor, fumes or noise shall attempt to
minimize, insofar as practical, any adverse impact on light, air and water or noise levels
of the immediate surroundings.
10. Internally-illuminated signs are prohibited within these Districts.
11. Applications shall be encouraged to use attractive lighting fixtures that minimize light
pollution.
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ARTICLE 11. PLANNED UNIT DEVELOPMENT
11.1 AUTHORIZATION
11.1.01 In accordance with, the Act and within specified districts, these zoning regulations may be
modified by the Development Review Board to allow planned unit developments, subject to
the following standards and procedures.
11.2 PURPOSE
11.2.01 Planned unit developments are encouraged to permit flexibility in the application of land
development regulations for the purposes of Act and to be in conformance with the
municipal plan. The following are purposes for planned unit development:
1. To encourage compact, pedestrian-oriented development and redevelopment, and to
promote a mix of residential uses or nonresidential uses, or both, especially in
downtowns, village centers, new town centers, and associated neighborhoods.
2. To implement the policies of the municipal plan, including provision of affordable
housing.
3. To provide for flexibility in site and lot layout, building design, placement and clustering
of buildings, use of open areas, provision of circulation facilities, including pedestrian
facilities and parking, and related site and design considerations that will best achieve the
goals for the area as articulated in the municipal plan and bylaws within the particular
character of the site and its surroundings.
4. To provide for the conservation of open space features recognized as worthy of
conservation in the municipal plan and bylaws, such as the preservation of agricultural
land, forest land, trails, and other recreational resources, critical and sensitive natural
areas, scenic resources, and protection from natural hazards.
5. To provide for efficient use of public facilities and infrastructure.
6. To encourage and preserve opportunities for energy-efficient development and
redevelopment.
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11.3.03 A PUD in an R-10 district may, with the approval of the DRB, also include two-family and
multiple-family dwellings when the total project size exceeds 7.5 acres.
11.4 STANDARDS AND CRITERIA
11.4.01 All required DRB approvals shall occur simultaneously with the procedures and approval of
a proposed PUD. All PUD applications shall include the same items required for a site plan
review.
11.4.02 All PUD developments shall meet the requirements set forth for the district where they are
located unless they conflict specifically with these PUD requirements
11.4.03 For developments in the PR and R-10 Districts, the following standards shall apply:
1. Residential density is established by reducing the total acreage by the amount of land for
streets and easements, and determining the number of dwelling units that would be built
under the zoning district regulations.
2. Not less than 20% percent of the property shall be open space devoted to planting,
walkways and recreational areas which are accessible and available for the collective use
and benefit of the occupants of the development.
3. In calculating usable open space, the DRB may determine that all or part of stream areas,
bodies of water, drainage easements and slopes in excess of 30 percent grade may be
excluded by considering:
a. The extent of these areas in relation to the area of the planned residential
development; and
b. The degree to which these areas contribute to the quality, livability and amenity of
the planned residential development.
11.4.04 For PUD developments in any district, the following standards shall apply:
1. All common open space development rights in a PUD must be conveyed to the
municipality, a funded trust, homeowner's association or other entity approved by DRB.
The terms of the conveyance must include provisions for guaranteeing:
a. The continued use of the land for the intended purposes;
b. Continuance of proper maintenance of the open space; and
c. The availability of funds for proper open space maintenance.
2. Zoning district lot size, yard, setback, frontage requirements may be waived for the PUD
notwithstanding any other general standards for PUD's when it is found that such waivers
are in conformance with the purposes of PUD's and in conformance with the municipal
plan.
3. Parking requirements for PUD's shall be determined by a parking needs analysis prepared
by the applicant and approved by the DRB. The need for parking shall be determined by
the proposed uses and can take into consideration potential shared parking based upon
time usage.
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4. For residential developments, an adequate recreation area with playgrounds facilities,
sitting areas, or other similar amenities shall be provided. Determination of an adequate
recreation area shall be proposed by the applicant and approved by the DRB based upon
the type and number of residents. In lieu of on-site recreation improvements, a developer
may proposed off-site recreation improvements to public spaces when it can be
demonstrated that such public spaces will serve the recreation needs of the PUD
residents.
5. Perimeter requirements. Structures located on the perimeter of the development must be
set back at least thirty feet from any abutting property line and be screened in a manner
approved by DRB. The required perimeter setbacks may be waived by the DRB where
buildings already existed for at least ten years that do not meet these setback
requirements and in commercial zoning districts that have setbacks less than thirty feet.
6. The DRB may require public improvements be made, either on-site or off-site, where
existing public improvements or facilities are of inadequate capacity to serve the
proposed development. Said public improvements could include, but are not limited to,
improvements to public utilities, emergency service delivery, road improvements, school
impact, and traffic circulation improvements. Public improvements shall be determined
by a public improvements impact analysis. The applicant shall provide the community
with funding necessary to complete the analysis.
7. All buildings and uses shall be of a size and scale compatible to the area they are located.
This shall include, but is not limited to, size of similar uses in the area, overall traffic
generation, net gain or loss of jobs in the City, impact on the demand for public services,
tax revenue gains and losses for the City, and estimates of how much of the project's
revenue will be retained and redirected into the local economy. Overall compatibility
shall be determined by a community impact analysis. The applicant shall provide the
community with funding necessary to complete the analysis.
8. PUD projects involving multiple owners or adjoining parcels may be considered given
that there are provisions in place that guarantees the continual use as one development.
9. The DRB shall consider and may impose appropriate conditions, modifications and
safeguards as specified in 4.4 Site Plan Review.
10. Applicants may propose phasing for projects that are in accordance with the municipal
plan and available city resources. Phasing approved by the DRB shall specify time frames
required for obtaining any additional approvals. Any approved phasing shall take
precedent over any other time frames required for obtaining zoning permits in this
ordinance. The DRB may approve a PUD with some flexibility in design where certain
elements can be approved at a later time by either the DRB or the zoning administrator.
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ARTICLE 12. FLOOD HAZARD AREA BYLAWS
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2. Existing and proposed structures, including the elevation of the lowest floor, including
the basement and confirmation as to whether such structure contains a basement.
3. Proposed fill and/or storage of materials information.
4. Proposed floodproofing measures and the level to which any structure will be
floodproofed.
5. The relationship of the proposal to the location of the channel.
12.5.03 Procedures
1. Upon receipt of an application and plans, the Administrative Officer shall transmit one
copy to the Vermont Department of Water Resources in accordance with Sec.
4409(c)(2)(A) of the Act.
2. In accordance with Sec. 4409(c)(2)(A) of the Act, no permit may be granted prior to the
expiration of a period of 30 days following the submission of a report to the Vermont
Department of Water Resources under Item (1) above. If no response is received within
30 days, approval is assumed.
12.6 STANDARDS FOR FLOOD HAZARD CONSTRUCTION
12.6.01 In all flood hazard areas (i.e. numbered and unnumbered "A" Zones), the following general
standards are required:
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
2. All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
3. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
4. All new construction or substantial improvements shall 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.
5. All new and replacement water supply systems shall be designated to minimize or
eliminate infiltration of flood waters into the systems.
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters.
7. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
8. Manufactured homes shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is at or above the base flood elevation and shall be
anchored to resist floatation, collapse, or lateral movement during the occurrence of the
base flood.
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Specific requirements shall be that:
a. Over-the-top ties be provided at each of the four corners of the manufactured
home, with two additional ties per side at intermediate locations and mobile
homes less than 50 feet long requiring one additional tie per side;
b. Frame ties be provided at each corner of the home with five additional ties per
side at intermediate points and manufactured homes less than 50 feet long
requiring four additional ties per side;
c. All components of the anchoring system be capable of carrying a force of
4,800 pounds; and
d. Any additions to the manufactured home be similarly anchored.
9. Subdivisions.
a. All subdivision proposals shall be consistent with the need to minimize flood
damage.
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
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6. Junkyards and storage facilities for floatable materials, chemicals, explosives,
flammable liquids, or other hazardous or toxic materials are prohibited within the
floodway. These facilities may be permitted outside the floodway, provided the area
is filled to at least one foot above the base flood elevation.
7. 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 floodwaters. Designs for meeting this requirement must 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 floodwaters.
12.6.03 In unnumbered "A" Zones, if base flood elevation and floodway data are available from
alternative sources, the DRB shall obtain review and reasonably utilize these data until such
other data have been provided by the Flood Insurance Administration as criteria for
enforcing the standards this article.
12.7 ADMINISTRATION AND ENFORCEMENT
12.7.01 Duties and Responsibilities of the Administrative Officer.
The Administrative Officer shall maintain a record of:
1. All permits issued for development in areas of special flood hazard;
2. All floodproofing certifications required under this article;
3. All variance actions, including justification for their issuance;
4. The elevation, in relation to mean sea level, of the lowest floor, including the
basement, of all the new or substantially improved buildings.
12.7.02 Variances shall be granted by the DRB only:
1. In accordance with the provisions of Sections 4412 and 4468 of the Act.
2. Upon determination that the variance will not result in increased heights or threats to
public safety or create nuisances or conflict with any other existing local laws and
ordinances.
3. Upon a determination that the structure or other development is protected by methods
that minimize flood damages during the base flood and create no additional threats to
public safety.
12.7.03 The DRB shall notify the applicant that:
1. The issuance of a variance to construct a structure below the base flood elevation will
result in increased premium rates for flood insurance; and
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2. There will be maintenance of a record of all variance actions, including justification
for their issuance; and that a report of such variances will be issued in the
municipalities’annual report to the Flood Insurance Administrator
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ARTICLE 13. ADMINISTRATOR AND DEVELOPMENT REVIEW BOARD
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year, except to fill vacancies. The term of office shall be for four years and not more than
three members shall be appointed in any one given year, except to fill vacancies. These
appointments shall be made by the City Council.
Page 74 of 77
ARTICLE 14. ADMINISTRATION AND ENFORCEMENT
Page 75 of 77
1. The Administrative Officer has reasonable grounds to question whether plans submitted
by an applicant are accurate based upon other available mapping or orthophotography.
2. The applicant is proposing setbacks that are within three feet of the required setbacks and
no reliable field verification or mapping regarding property lines is available.
3. Proposed development is within three feet of existing rights-of-way or easements.
4. Proposed development is within 50 feet of a FEMA-designated flood zone.
5. Proposed development will cause additional storm water drainage onto a road or into the
storm water system.
6. The applicant proposes changing existing grades more than two feet in elevation.
14.1.03 The Administrative Officer shall not issue a Zoning Permit unless an application fee, plot
plan and any other approvals required in this ordinance have been submitted or paid, as the
case may be.
14.1.04 All applications for land developments require the signature of the person owning title to the
property or their duly authorized agent.
14.1.05 The following procedures shall be followed for development approval:
1. The applicant completes a development application and submits it with the required site
plan and appropriate fees to the Zoning Administrator.
2. Once determined the application is complete, the Zoning Administrator will either
approve, deny, or refer the application to the Development Review Board within 30
days, or else the application shall be "deemed approved". All permits issued require the
applicant to post a notice provided by the City within view from the public-right-of-way
most nearly adjacent to the applicant's property until the time for appeal has expired.
Failure to post a property shall make the permit null and void. The Zoning Administrator
must also post the permit at one location and provide a copy to the lister as prescribed in
the Act.
3. Notices and posting will be in accordance with the Act if the development requires
Development Review Board review.
4. If Development Review Board approval is required and obtained, the applicant must pay
any additional required zoning fees. The Zoning Administrator will then review the
plans to ensure that they are in compliance with the Development Review Board
decision and issue a Zoning Permit as outlined above.
5. No Certificates of Occupancy as defined in the Act are required.
14.1.06 An applicant shall be notified of the action of the DRB by certified mail, sent to the address
given by the applicant in his or her application, within the time limit in this ordinance or the
Act.
14.1.07 The City Council shall set annual fees to be paid by an applicant for administration and
approvals relating to this ordinance.
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14.2 PERMIT AND APPROVAL EXPIRATION
(Amended 3/21/06 by Ord. 2006-1)
14.2.01 Development pursuant to any action by the DRB which is granted approval shall secure the
necessary Zoning Permits within 12 months of the date of the signed decision.
14.2.02 Development associated with a Zoning Permit shall commence construction within a 36-
month period.
14.2.03 All development associated with a Zoning Permit shall have all exterior work, including, but
not limited to, siding and roofing, completed within five years from the date the Zoning
Permit becomes effective.
14.2.01 In the event that any of the time limits listed above are not met, then the Zoning Permit is
null and void.
14.2.05 Permits and DRB approvals outstanding as of June 12, 1998 shall be exercised by January 1,
2007. If an outstanding approval secures the Zoning Permit, that permit shall be exercised
“asif”j ustissue das mentioned above. Outstanding approvals which are not secured by
January 1, 2007 shall be deemed null and void as of January 2, 2007.
14.3 PENALTIES AND VIOLATIONS
14.3.01 Th eZoni ngAdmi nis t
ratorshallissueawr itt
en“ Not iceofVi ol
ation”t oa nype r
sonbe l
ieve
d
to be in violation of any provision of these regulations. The Notice of Violation will
conform to the requirements of Section 4444 of the Act.
14.3.02 The Administrative Officer shall notify the City Attorney of violations or threatened
violations of these regulations which are subject to remedies provided in Section 4445 of the
Act. The City Attorney shall then perform the duties prescribed for the Administrative
Officer in said section. Penalties for violation of the provisions of this ordinance shall be
those prescribed in Section 4444 of the Act.
14.3.03 A violation of these regulations may also be enforced through the Judicial Bureau in
accordance with the provisions of 24 V.S.A., § 1974 and 1977 with penalties as described
below:
1. First offense. A first offense of any provision of these regulations shall be deemed a civil
violation and shall be punishable by a fine of $100.00. The waiver fine shall be $75.00.
2. Second and subsequent offenses. A second and each subsequent offense shall be deemed
to be a civil violation and shall be punishable by a fine of $200.00. The waiver fine shall
be $150.00.
14.3.04 Enforcement. The Zoning Administrator, the City Manager, or any certified Vermont Law
Enforcement officer shall be the designated enforcement officers under this provision. They
shall issue complaints and may be appearing officers at any hearing.
14.3.05 A decision by the Administrative Officer pertaining to an alleged zoning violation my be
appealed to the Development Review Board, provided that such appeal is filed within 15
daysoft heAdmi nis
trat
iveOf fi
ce r
’sde cision.
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