30 zoning

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Implementation Manual Zoning Regulations 2007www.vpic.info

VE RM ON T LA ND US E ED UC AT IO N & TR AI NI NG CO LL AB OR AT IV E

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OverviewZoning regulations are the most

common regulatory tool used by localgovernments throughout the countryto manage land use and development.According to the most recent surveyby the Vermont Department ofHousing and Community Affairs, 206municipalities, or more than 80percent of Vermont municipalities,have adopted zoning regulations.

Zoning evolved out of urbanreform movements of the early twen-tieth century to address overcrowdingand blight and to protect existing resi-dential and commercial neighbor-hoods from encroachingdevelopment. The Standard StateZoning Enabling Actthe firstmodel legislation adopted by manystateswas issued by the U.S. Depart-ment of Commerce in 1924. Theconstitutionality of local zoning,which involves the use of local policepower to regulate and restrict prop-

erty use, was first upheld by the U.S.Supreme Court in the 1926 landmarkcase Village of Euclid v. Ambler RealtyCompany(272 U.S. 365 [1926]).

Vermonts first zoning statuteswere enacted in 1931, though a fewmunicipalities such as St. Johnsburyadopted earlier regulations under theirmunicipal charters. The 1931 statutesauthorized a zoning commission towrite bylaws and create a zoning mapfor local adoption. Bylaws were then

administered by a separate zoningboard. At the time, there was nodirect connection between local plansprepared by planning commissions, asauthorized by the state in 1921, andlocal zoning.

The need to link zoning to localplans so that comprehensive plansformed the basis for local regulation

was soon recognized under nationalmodels and related case law. However,this connection was not addressed inVermont until 1968, under a compre-

hensive revision of the states plan-ning and zoning statutes. The 1968revisions resulted in the VermontPlanning and Development Act (24V.S.A., Chapter 117), which is still ineffect today. The connection betweenplans and bylaws was strengthenedunder 2004 amendments to Chapter117 (Act 115). Local zoning regula-

tions must now conform to the mu-nicipal plan, including the plans landuse goals and recommendations andproposed land use map.

Planning commissions are now re-sponsible for preparing zoning regula-tionsand for reviewing andcommenting on regulations preparedby othersfor consideration by thelegislative body. Under Chapter 117provisions, zoning regulations may beadopted by the municipality as a sepa-rate bylaw or as part of a unified

Zoning Regulations

Statutory Authorization: 24 V.S.A. 4401, 4402, 4410, 44114414 /Type: REGULATORY

Related Topic Areas: Design Review; Home Occupations; Housing Regulations; Land Use & Develop-

ment Regulations; Open Space & Resource Protection Regulations; Performance Standards; Planned Unit

Development; Subdivision Regulations; Transfer of Development Rights

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Many zoning maps, like this one from Manchester, were first adopted decades

ago under different circumstances and before good mapping data existed. Some

aspects of the map still fit well with the towns current planning goals, such as

the Forest Recreation District (FR) covering the national forestland and other

areas with steep and rocky terrain or the concentration of commercial activity in

the dark-colored districts in and around the village. Other aspects, such as

zoning boundaries that split parcels and districts defined as Farming and Rural

Residential (FRR), may need to be reevaluated to provide landowners with

greater clarity and to better achieve the towns land use goals. Map courtesy ofManchester Planning and Zoning Office.

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development bylaw that also includessubdivision regulations.

ApplicationZoning is used to regulate the loca-

tion, type, and density of develop-ment within a community through thedelineation of one or more zones or

zoning districts, as depicted on azoning map. There is no right wayto craft or organize a zoning bylaw;local regulations are as varied as thecommunities that adopt them. Zoningregulations usually include the follow-ing, in some form:

Statutory Authorizations, includ-ing adoption and effective dates, ap-plicability and use for local regulation,and bylaw amendment and severabil-ity provisions that apply in the eventthat portions of the regulation aredeemed by the courts to be invalid.

Zoning Districts, including listsof uses allowed within each zoningdistrict (for example, permitted usesrequiring only administrative reviewand conditional uses requiring addi-tional board approval), related dimen-sional and density standards (forexample, minimum lot size, frontage,setback, and coverage requirements),and any other standards that are spe-cific to each district.

General or Supplemental Regu-lations that apply to all uses, as appli-cable. These often include standardsfor nonconformities, access andparking, performance, lighting, signs,and so on.

Use Standards that apply only tospecified uses as allowed within oneor more zoning districts to include,for example, standards for home-based businesses, telecommunicationsfacilities, extraction operations, and

industrial and mobile home parks.Development Review Proce-

dures, including the types of reviewprocedures adopted for local use (forexample, site plan, conditional use,local Act 250, flood hazard area, ordesign review) and related standardsand application requirements. Regula-tions must specify the types and se-

quence of review to coordinate per-mitting activities and also the appro-priate municipal panel (the planningcommission, board of adjustment, ordevelopment review board) who is au-thorized to conduct each type ofreview.

Administrative Requirements,including municipal appointments,

powers, and duties; the issuance ofpermits and approvals; appeals andvariances; variance requirements;hearing and notice requirements;recording requirements; and violationand enforcement provisions.

Definitions, which should includedefinitions for all listed uses and fortechnical and legal terms. Statutory(Chapter 117) definitions, where ap-plicable, must be used.

Zoning Maptypically a copy of

the official zoning map(s), located inthe municipal clerks office, that isadopted and incorporated by refer-ence in the regulations. Boundary de-scriptions also may be included in theregulations or noted on or appendedto the zoning map.

Information should be presentedso that its easy to find and use. Atable of contents or index is helpful.

Tablesfor example, zoning districtor use tablesare a useful way tohighlight and summarize information.Graphics can and should be used tohelp illustrate terms and definitions.Often statutory requirements are in-corporated by reference. This mayshorten the length of the document,but it may also leave out information

thats important for local officials, ap-plicants, and neighbors who donthave ready access to state statutes.

Zoning DistrictsZoning districts can include stan-

dard districtsas delineated on thezoning map, overlay districtsthat arelayered or superimposed on one ormore underlying zoning districts (e.g.flood hazard area districts), andfloatingzonesthat are not mapped but applyonly to specified uses in locationswhere siting and performance stan-dards defined in the regulations canbe met.

Zoning districts should correspondto the proposed land use map andrelated recommendations found in thecomprehensive plan. District bound-aries may be more specifically delin-

Types of Zoning Districts

24 V.S.A. 4414(1)

Chapter 117 authorizes several

types of zoning districts including, but

not limited to, the following, some of

which are addressed in more detail in

related topic papers (indicated by

numbers).

Downtown, Village, New Town

Center, and Growth Center Dis-

tricts, including compact, higher-

density, mixed-use districts that may

correspond with state-designated

districts under Vermonts Downtown

and Growth Center Programs. #7, #9Agricultural, Rural Residential,

Forest, and Recreational Districts

intended to limit development to

protect rural areas, recreational

uses, and a communitys working

landscapes. The Vermont Supreme

Court has upheld zoning regulations

that prohibit residential development

in some districts (for example,

upland conservation or forestreserve districts), as long as

landowners are allowed some rea-

sonable use of their land, such as

logging and outdoor recreation. #19

Airport Hazard Area Districts to

limit development in and around

airports as needed for safe airport

operation and to allow for airport

expansion. #24

Shoreland and Flood Hazard Area

Districts to protect water quality

and riparian habitat, provide access

to public waters, and limit en-

croachments. #10Historic and Design Review

Districts that protect the historical,

architectural, or visual character of

development within designated

historic or design review districts,

through the application of

building renovation and design

standards. #11

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eatedfor example, using lot lines;setbacks from roads, rivers, andstreams; and other features that areeasily identified on the ground. Somedistricts, including overlay districts,may be delineated based on the loca-tion of natural features, such as eleva-tion contours, designated floodplainsand wetlands, or primary agriculturalsoils. The zoning map is normallyamended through the bylaw amend-ment processrequested changesshould be submitted to the planningcommission for review. Some districtboundaries, if incorporated by refer-encesuch as flood hazard areaboundaries delineated under the Na-tional Flood Insurance Programmay change as updated versions arereleased.

Zoning regulations often include

different types of commercial, resi-dential, and industrial districts thatvary in the types or densities of devel-opment allowed. For example, manyregulations include high-, moderate-,and low-density residential districts,which correspond with the availabilityof supporting water, wastewater, orother infrastructure.

Each zoning district should includeapurpose statementthat incorporatesmunicipal plan objectives for the dis-trict and supports allowed uses andrelated district standards. The purposestatement is considered in the reviewof developmentfor example to de-termine a projects compatibility withthe existing or planned character of

the area as defined in the zoning reg-ulations and the municipal plan. Thepurpose statement demonstrates whatthe intended character of the area is,which may differ from its existingcharacter. As such, the purpose state-ment is especially relevant to thereview panel and to those who arepotentially affected by developmentand seek interested-party status inlocal hearings.

UsesUses, commonly listed by zoning

district, define the types of develop-ment allowed within a particular dis-trict. Listed uses typically include amix of compatible, mutually support-ive uses, which may be quite extensivein mixed-use districts. A few districts,however, as noted above, may severelyrestrict allowed uses to avoid hazards,conserve natural resources, or to ac-commodate resource-based industries

such as agriculture and forestry. Itsimportant to make sure that more re-strictive zoning districts are not sooverly restrictive that they unnecessar-ily preclude or prohibit reasonable useof the land, nor require such largelots that they could be considered in-tentionally exclusionary.

Many local regulations definegeneral categories of use, rather thanspecific use types. For example, com-mercial use is a commonly listed use

in rural zoning regulations, whichallows for many types of retail, office,restaurant, service, or other revenue-generating enterprises. Defininggeneral categories of use may be ap-propriate where flexibility is desired,but more specificity may be needed toclearly differentiate between the typesof uses allowed in more complex orrestrictive zoning districts. In either

case, all uses listed should be clearlydefined in the regulations.

Uses are typically further definedaspermitted uses, or uses by right, thatrequire only review by the zoning ad-ministrator (though site plan reviewmay also be required) and conditionalusesthat require review and approvalby an appropriate municipal panel

(typically the board of adjustment ordevelopment review board) prior tothe issuance of a permit. Chapter 117,under a de minimus provision(4446),now also authorizes municipalities toexempt from local regulation certainstructures or uses that are determinedto have minimal or no impact, such ashome offices, occasional yard sales,dog or tree houses, and other smallaccessory structures.

As noted above, additional stan-

dards that are specific to certain typesof use may also be included in theregulations. For example, zoning mayinclude standards for home-basedbusinesses, telecommunications facili-ties, extraction and quarrying opera-tions, and mixed-use development.Some use standards may be appliedunder administrative review, but aregenerally considered by local boardsunder site plan or conditional usereview (see below).

StandardsDimensional Standards.Tradi-

tional zoning districts typically includedimensional standards that apply dis-trict-wide or to particular types of usethat are allowed within the district.Common dimensional standards arelisted in the accompanying figure.Many of these standards, which arepresented as minimums, can also bedefined as maximums (and vice versa)

to include, for example, maximumsetbacks or minimum buildingheights.

Dont borrow zoning standards fromneighboring communities without somescrutiny; they may not be a good fit!Somedesign considerations are inherent ineven the most basic zoning standards,including minimum lot size andsetback requirements. Many existing

Whats the RightLot Size?

Questions to consider:

Is it consistent with historic lot

sizes and traditional patterns of

development?

Does it allow for desired densities

of development?

Is it large enough to accommodate

on-site parking, water, and/or

wastewater systems where

needed?

Will it result in the creation of a

large number of nonconforming

parcels?

Will it result in the unnecessary

fragmentation of large tracts of

land?

Is it large enough to allow for func-

tional use, such as farming and

forestry operations?

Are there other, better ways to

define density or achieve other

goals than to use a minimum lot

size?

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zoning regulations dont reflect histor-ical patterns of development, result-

ing in too many nonconformingparcels and incompatible infill or re-development. A review of existing, asbuilt, dimensions is especially impor-tant in developed areas such as his-toric villages and downtowns wherethe intent is to preserve the characterof the built environment. In urbanand village settings, its best to takemeasurements of actual develop-mentexisting or desiredbeforedrafting dimensional standards.

Likewise, in rural areas where lowerdensities or larger lot sizes are beingconsidered, its helpful to look at ex-isting patterns of land subdivisionusing the communitys parcel or tax

maps. These can be used to evaluateproposed lot size and density require-

ments and the potential impacts thatzoning or rezoning may have on indi-vidual landowners.

Other District Standards.Theseoften include performance or con-struction standards that are specific toa particular zoning district. Forexample, a flood hazard district, underfederal and state requirements, mustinclude construction and flood proof-ing standards for new or substantiallyimproved structures within the dis-trict. A conservation or resource dis-trict may include siting or designstandards that limit the environmentaland visual impacts of development ondistrict resources within the district.

District standards may apply to alluses within the district or only to uses

that require site plan or conditionaluse review.General or Supplemental Stan-

dards.These types of standardsusually apply to any development re-gardless of the district in which it islocated; though such standards canalso vary by district. General stan-dards often include, but may not belimited to:Access and frontage requirements, includ-

ing access management and designstandards, and statutory require-ments for allowing access to lotslacking frontage on public roads orpublic waters.

Parking requirementsthat specify the

Common Dimensional andDensity Standards

Minimum Lot Size.A basic density

control based on lot area.

Maximum Use Density. A density

standard based on the type of use (for

example, specifying the maximum

number of dwelling units allowed per

acre).

Minimum Frontage. A lineardensity control based on road (river or

shoreland) frontage used to separate

uses and manage access.

Minimum Front, Side, and Rear

Setbacks. As measured from road

right-of-way and property lines, to

require separation between structures,

travel ways, and adjoining uses for

access management and fire protec-

tion, or to limit impacts or intrusions on

adjoining properties. In the absence of

other standards, setbacks define the

areathe building or development en-

velopein which structures may be

located on a lot.

Maximum Height. Used to cap the

height of structures within a zoning dis-

trict (for example, 35 feet is almost auniversal standard for residential dis-

tricts, but is likely too low for both his-

toric and modern commercial districts).

Height requirements may also vary by

type of structure, such as for principal

and accessory structures, telecommu-

nications towers, church steeples, and

so on.

Maximum Building or Lot Cover-

age. Defined as the ratio (or percent)

of total building footprint or impervious

surface area to total lot area. Coverage

requirements are used to control the

density of development on a lot, in re-

lation to the amount of undeveloped

yard or open space area. Lot coverage

is mainly useful for managing stormwa-

ter retention and runoffon-site.

Maximum Floor Area Ratio.

Another type of density standard, more

commonly used in urban or densely

developed districts that is defined as

the ratio of the total or gross floor area

of a building (which may be quite high

for multistory buildings) to the total land

area of a lot.

How Dense Is Dense?

There are many measures of

density, but how density is defined

locally is highly subjective and varies in

relation to context. In many rural com-

munities, a minimum lot size of one

acre (or a maximum residential density

of one unit per acre)typically linked to

on-site water and sewer systemsis

considered a small lot. In most parts of

the country, however, including

Vermonts urban and village centers, a

one-acre lot is a pretty big lot. Historic

village densities generally start at four

to five units per acre. Anything less

than three to four units per acre is often

associated with suburban sprawl.

Higher densities of development also

are generally required to support af-

fordable housing development.

In agricultural districts, an agricul-

tural lot should be large enough to

support viable agricultural use (for

example, twenty-five or more acres); inVermont, this is often tied to eligibility

for enrollment in the states current use

tax abatement program acres. Twenty-

five acre residential lots, however,

could result in the unnecessary frag-

mentation of agricultural land. In this

case, if residential uses are allowed at

all, it may be more appropriate to differ-

entiate between residential densities

(one unit per twenty-five acres) and

residential lot sizes (minimum or

maximum of one acre). (For more infor-

mation, see topic paper, Open Space &

Resource Protection Regulations.)

Again, its important to measure,

evaluate, and consider plan recommen-dations and potential impacts. Build-out

analyses that consider a number of

density factors and site limitations are

especially useful in evaluating and

quantifying density. Visual surveys and

design exercises are also useful in

identifying related design considera-

tions and visual impacts.

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minimum (or maximum) number ofoff-street parking spaces required byuse type and standards for parkinglot layout and design.

Sign requirementsthat regulate thenumber, type, size, lighting, and ma-terials of exterior signs allowed byuse type or zoning district.

Performance or protection standards,

which are intended to minimize theimpacts of potential nuisances onneighboring properties and uses (forexample, noise, glare, or emissionsstandards) or potential adverseimpacts to resources identified inthe municipal plan (for example,stream setback and buffer require-ments).Many of these standards, such as

parking, sign, nuisance, water andwastewater system, and access stan-

dards, may be adopted by a municipal-ity under separate ordinances. Wherethis is the case, applicable ordinancesshould be referenced under thezoning regulations.

Development ReviewThe review of development under

local zoning generally includes one ormore of the following types of reviewprocedures, as enabled under Chapter117 and specified under local

regulations:Administrative Reviewby the ad-

ministrative officer (zoning adminis-trator) in association with the issuanceof zoning permits for permitted uses.This is intended to ensure that a pro-posed development meets basic regu-latory standards, including lot size andsetback requirements. Recent amend-ments to Chapter 117 now allow forexpanded administrative review, asspecified in the regulations. For

example, some communities allow thezoning administrator to conduct siteplan reviews or to approve amend-ments to development that has beenapproved by their zoning or develop-ment review board, as long as theamendments are consistent withboard findings and conditions ofapproval.

Site Plan Reviewby the appropri-ate municipal panel (usually the plan-ning commission or developmentreview board), which evaluates sitelayout and design, traffic and pedes-trian circulation, landscaping andscreening, and other site factors in-cluded in the regulations. UnderChapter 117, site plan review may be

required for all uses, including permit-ted uses, with the exception of single-and two-family dwellings and othertypes of development that, by statute,are exempted from site plan review.

Conditional Use Reviewby anappropriate municipal panel (typicallythe board of adjustment or develop-ment review board) to evaluate theimpacts of proposed development onthe capacity of existing and plannedcommunity facilities, the character of

the area affected, traffic, the use ofrenewable energy resources, regula-tions currently in effect, and other cri-teria specified in the regulations.Conditional use review can also incor-porate site plan review criteria toreduce the number of hearings anddecisions required and the potentialfor appeal and to eliminate potentiallyconflicting findings and conditions ofapproval. Conditional use standardsmay also include state Act 250 criteria

for local application.Design Reviewby an appropriatemunicipal panel (usually the board ofadjustment or development reviewboard) to regulate the design of struc-tures within designated historic ordesign review districts. Often theboard will rely on the recommenda-tions of a local historic commissionor design review committee, which, ifauthorized under the regulations, mayserve in an advisory capacity to theboard, applicants and other interestedparties. (See topic paper, DesignReview.)

Local Act 250 Reviewby the de-velopment review board to evaluateAct 250 applications for conformancewith the municipal plan and potentialimpacts to the municipal and educa-tional facilities. In order to conductlocal Act 250 reviews, a municipality

must adopt both zoning and subdivi-sion regulations that reference Act250 definitions, and the Municipal

Administrative Procedures Act(MAPA) governing board hearings.Findings of the board cannot be ap-pealed, but become rebuttable pre-sumptions in related state regulatoryproceedings.

Planned Unit Development(PUD). PUD regulations are sepa-rately enabled under Chapter 117(4417), but are typically includedunder local zoning or unified develop-ment regulations, and applied in asso-

ciation with subdivision or conditionaluse review. PUD provisions allow thereview board (usually the planningcommission or development reviewboard) to modify or waive zoning re-quirements that would otherwiseapply to a particular development inorder to achieve municipal plan objec-tivesfor example to promote higherdensity mixed use development,provide affordable housing, or toprotect open space (see topic paper

on Planned Unit Development).Development review proceduresfor each of these types of review aregoverned by Chapter 117 require-ments that apply to all municipal landuse regulations. Local zoning regula-tions should incorporate or referencestatutory requirements for publicnotices, hearings, the issuance and

On the Record ReviewV.S.A. 4471(c)

Local zoning regulations may

specify that certain types of devel-

opment or development review pro-

ceedings shall be heard on the

record. This requires that the mu-

nicipality adopt the Municipal Admin-

istrative Procedures Act (MAPA24

V.S.A Chapter 36) for use in these

proceedings to establish an ade-

quate hearing record at the local

level. In the event of an appeal to

the Environmental Court, the local

recordincluding related board find-

ings and determinationscan be

considered in the courts review of

the case.

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Site Plan or Conditional Use Review?

Site Plan Review

24 V.S.A., 4416

Conditional Use Review24 V.S.A., 4414(3)

Local Options

May be adopted as a separate bylaw (new

in 2004) May be adopted as a separate develop-ment review process in zoning (traditional),or

May be incorporated under conditional usereview (now specifically authorized).

Must be adopted as a separate develop-ment review process zoning

May incorporate site plan review criteria May include one or more Act 250 criteria

Application

Regulates internal site layout and design,

including site access and circulation, parking,

landscaping and screening, exterior lighting,

signs, and other site factors specified in the

regulations.

Regulates the external impacts of develop-

ment on neighboring properties, the charac-

ter of the area and neighboring properties,

community facilities, traffic, roads, renewable

energy resources, etc., as specified in statute

and local regulations.

May apply to all but single- and two-family

dwellings, including permitted (administra-

tively approved) and/or conditional uses.

Applies only to uses identified as conditional

uses within the bylaw.

Site plan review criteria may be incorporated under conditional use review to avoid duplicative,

potentially redundant development reviews, and the need for two separate applications,

notices, hearings and decisions.

Administration

Administered by an appropriate municipalpanel as specified in the regulations, usually

the planning commission or the development

review board. Some regulations also author-

ize administrative site plan review by the

zoning administrator.

Administered by an appropriate municipal

panel as specified in the regulations, usually

the zoning board or development review

board.

Requires a public hearing, but with more

limited public notice (e.g., 7 days).

Requires a warned public hearing with full

public notice.

Hearings may be held concurrently with site plan review hearings, as long as all requirements

for each are met.

Decisions must be issued within 45 days from the date of hearing adjournment

Decisions may be appealed by interested persons who participated in the local hearing to the

Vermont Environmental Court.

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recording of decisions, appeals andenforcement . When more than onereview process applies to a particulardevelopment, the timing and sequenceof review must be specified in theregulations. Since similar public noticeand hearing requirements apply tomost types of development review,review processes often can be con-

ducted concurrently. Chapter 117 alsoallows site plan review criteria to beincorporated under conditional usereviewthereby eliminating the needfor two hearings and the issuance oftwo decisions that could be separatelyappealed to court.

Decisions of the zoning adminis-trator must be issued within 30 days,and may be appealed to the zoningboard of adjustment or developmentreview board within 15 days of the

date the decision is issued. The appealmay be accompanied by a request fora variance from the dimensional re-quirements of the regulations. Deci-sions of a municipal reviewpanelthe planning commission,board of adjustment or developmentreview boardmust be issued within45 days of the date of final hearingadjournment, may be appealed to theVermont Environmental Court within30 days of the decision date.

ConsiderationsExclusionary and Spot Zoning.

Zoning, as discussed above, is typi-cally used to regulate the location,type, and density of developmentthrough the delineation of one ormore zones or zoning districts. Ini-tially used to separate incompatible

usesfor example, to exclude resi-dential uses from industrial districtszoning evolved over time to moregenerally require the separation ofuses (and sometimes populations) intosingle-use residential, commercial, andindustrial zoning districts. In somecases this is justified, as noted, to sep-arate physically incompatible uses.Broad-based land use segregation,however, prohibits historic forms ofmixed-use development and, in the

extreme, results in discriminatory orexclusionary zoning practices. Single-use districts also often result in over-zoningor zoning more land thanneeded for a particular use, such as anoverly large industrial zone, and spotzoningor rezoning individual parcelswithin a district, such as allowingcommercial development on a lot in aresidential neighborhood. Exclusion-ary and spot zoning are illegal if usedto either discriminate against orbenefit particular groups or individu-als beyond any clearly establishedpublic purpose.

Statutory Restrictions and Limi-tations. Chapter 117 is broadly en-abling when it comes to the contentof zoning regulations (4414); but italso includes some required provi-sions, as well as limitations on thelocal regulation of certain kinds ofdevelopment (4412, 4413)in largepart to avoid exclusionary zoningpractices. These include:

Equal treatment of housingrequire-ments that prohibit the complete ex-clusion of mobile and modularhomes, mobile home parks, multi-family, and accessory dwellings andgroup homes from the municipality.

Protections for home occupationsandhome child-care facilities.

Protections for nonconforming lots, struc-tures and uses.

Limitations on the local regulation ofpublic facilities, including state andcommunity-owned facilities, publicand private schools, churches andother places of worship, public andprivate hospitals, and regional solidand hazardous waste management

facilities. Prohibitions on the local regulation of ac-cepted agricultural and forestry manage-ment practices(including farmstructures) as defined by the state.

Prohibitions on the local regulation ofpower generation and transmission facilitiesregulated by the Vermont PublicService Board.Regulatory Takings. Zoning reg-

ulations are often controversial in thatthey affect property uses and values.In a very few cases zoning may resultin a regulatory taking of propertyif, under the regulation, a propertyowner retains no economically viableuse of the property. Takings lawunder federal and state constitutionalprotections is complex, but regulatorytakings that require landowner com-pensation are extremely rare and casespecific.

When a zoning bylaw is adopted oramended existing usesincludingnonconforming lots, uses and struc-

turesare grandfathered to the extentthat there are no changes or modifica-tions. Municipalities are allowed to re-strict modifications or expansions ofnonconformities (4412).

The variance provisions ofChapter 117 (4469) also allow mu-nicipalities to address potential takings

Variances

24 V.S.A., 4469(a)

State law allows variances to be

granted only if all of the following

five conditions are met:

there are unique physical circum-

stances or conditions;

because of these physical cir-

cumstances, the property cannot

be developed in strict confor-

mance with the bylaws;

unnecessary hardship has notbeen created by the applicant;

the variance will not alter the es-

sential character of the neighbor-

hood; and

the variance represents the

minimum alteration that will grant

the relief requested.

Waivers

24 V.S.A., 4414

Chapter 117 authorizes the use

of waivers under zoning to grant

reductions in applicable dimensional

requirements. These may be

applied, in lieu of variance criteria,

under standards and review

procedures specified in theregulations.

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by granting a variance of the regula-tions dimensional requirements basedon the physical circumstances of aparticular site. Variances essentiallyauthorize the bending or breaking oflocal laws. As such, statutory variancecriteria are designed to be very diffi-

cult to meet.Summary.The planning commis-

sionor anyone else involved indrafting zoning regulationsneeds toconsider:Municipal plan policies and recommenda-

tions. The regulations must conformto the municipal plan.

The application and potential interpreta-tion of regulatory standards, includingthe use of words and punctuationand the meanings they convey.

The potential effect of proposed regulationson individual parcels and property owners,such as the potential creation ofnonconformities or undevelopablelots.

Related legal standards and requirements,including federal and state limita-tions on the local regulation of de-velopment. This requires somefamiliarity with Chapter 117 andrelated case law.

The types of resources needed to administerproposed regulations. More complicatedreview processes and technical stan-dards may require additional staffsupport, equipment, and technicalor legal assistance to administer and

enforce.There are many examples of localzoning regulations available online foruse as references in preparing yourzoning bylaw. Access to municipalwebsites and local bylaws can befound through www.vpic.info, orcontact your regional planning com-mission for assistance.

Alternative Zoning Models

Most traditional zoning emphasizes

uses allowed within each zoning dis-trict, however alternative forms of

flexible zoning have been developed

that emphasize potential impacts or

district design rather than use. These

includeperformance and form-based

zoning models.

Performance Zoning, in its purest

form, does not specify allowed uses,

but evaluates proposed uses based

on the density or intensity of develop-

ment, and associated impacts. Perfor-

mance zoning includes an extensive

list, by district, of performance or tech-

nical criteria that are used to evaluate

and regulate the density and intensity

of development, site design, and

related environmental, fiscal, trans-

portation, and public facility impacts.

Form-based Zoning, developed

and promoted by urban designers and

architects, emphasizes form over

function. District standards regulate

the physical aspects of developmentand include related design standards

for structures, streets, parks, and

other public and private space. Design

standards are typically described and

presented graphically.

These types of zoning offer flexibil-

ity in that they allow for a variety of

potential uses. They generally require

a fairly high degree of technical skill

and knowledge to develop and admin-

ister. In reality, most zoning regula-

tions are hybrids that incorporate

aspects of these models along with

more traditional provisionsincludinguse tables and dimensional standards;

performance standards that may apply

to all development within particular

districts or to specified uses; and

design standards that regulate build-

ing design, for example within desig-

nated historic or design districts.

More Information

To learn more about the required

and optional provisions of zoning

bylaws, see the Chapter 117 Bul-

letins and Essentials of Land Use

Planning and Regulation, available

at www.vpic.info, or contact your re-

gional planning commission for

copies.

See topic paper #16, Land Use &Development Regulations, for infor-

mation on bylaw adoption and

administration.

30 zoning

Documents