TOWN OF HALIFAX ZONING REGULATION

TOWN OF HALIFAX

ZONING REGULATION

As Amended

Adopted by the voters

of the Town of Halifax

March 1, 2016

Table of Contents

ARTICLE 1 ENACTMENT AND PROVISIONS ........................................................................... 1

SECTION 100 ENACTMENT ................................................................................................................. 1

SECTION 101 INTENT ......................................................................................................................... 1

SECTION 102 REFERENCE TO STATE LAW .......................................................................................... 1

SECTION 103 APPLICATION OF THE REGULATIONS ............................................................................ 1

SECTION 104 AMENDMENTS .............................................................................................................. 1

SECTION 105 SEVERABILITY (SEPARABILITY).................................................................................... 1

SECTION 106 EFFECTIVE DATE OF THIS REGULATION ........................................................................ 1

ARTICLE 2 ADMINISTRATION AND ENFORCEMENT .......................................................... 2

SECTION 201 ZONING ADMINISTRATOR ............................................................................................. 2

SECTION 202 ZONING PERMITS .......................................................................................................... 2

SECTION 203 ZONING BOARD OF ADJUSTMENT ................................................................................. 3

SECTION 204 PLANNING COMMISSION ............................................................................................... 7

SECTION 205 PUBLIC NOTICE REQUIREMENTS ................................................................................... 7

ARTICLE 3 ZONING DISTRICTS.................................................................................................. 8

SECTION 300 ESTABLISHMENT OF ZONING DISTRICTS ....................................................................... 8

SECTION 301 PURPOSE OF ZONING DISTRICTS ................................................................................... 8

SECTION 302 MAPS ............................................................................................................................ 8

SECTION 303 BOUNDARIES ................................................................................................................ 8

SECTION 304 GENERAL ZONING DISTRICT STANDARDS AND DEFINITIONS ........................................ 8

SECTION 305 PERMITTED USES IN ALL DISTRICTS ............................................................................. 9

SECTION 306 VILLAGE ....................................................................................................................... 9

SECTION 307 RURAL RESIDENTIAL .................................................................................................. 10

SECTION 308 CONSERVATION DISTRICT .......................................................................................... 11

ARTICLE 4 GENERAL REGULATIONS .................................................................................... 12

SECTION 400 EXISTING NONCONFORMING LOTS ............................................................................. 12

SECTION 401 REQUIRED FRONTAGE ON OR ACCESS TO PUBLIC ROADS OR PUBLIC WATERS ........... 12

SECTION 402 ACCESSORY DWELLING UNIT ..................................................................................... 12

SECTION 403 MULTI-FAMILY DWELLING ........................................................................................ 13

SECTION 404 AGENCY OF NATURAL RESOURCES CONSULTATION................................................... 13

SECTION 405 GENERAL PERFORMANCE STANDARDS ....................................................................... 13

SECTION 406 NONCONFORMING USES AND STRUCTURES ................................................................ 14

SECTION 407 TEMPORARY USES AND STRUCTURES ......................................................................... 15

SECTION 408 LANDSCAPING REQUIREMENTS .................................................................................. 15

SECTION 409 SIGNS.......................................................................................................................... 16

SECTION 410 OFFSTREET PARKING STANDARDS ............................................................................. 18

SECTION 411 LAND DEVELOPMENT IN WETLAND AREAS ................................................................ 19

ARTICLE 5 SPECIAL REGULATIONS ...................................................................................... 20

SECTION 500 AUTOMOTIVE SERVICE STATION ................................................................................ 20

SECTION 501 EARTH/MINERAL EXTRACTION .................................................................................. 20

SECTION 502 HOME OCCUPATIONS AND HOME INDUSTRY .............................................................. 21

SECTION 503 LIGHT INDUSTRY ........................................................................................................ 22

SECTION 504 CHILD CARE HOMES OR FACILITY AND RESIDENTIAL CARE AND GROUP HOMES ...... 22

SECTION 505 PONDS, IMPOUNDMENTS AND DAMS........................................................................... 23

SECTION 506 STORAGE OF FLAMMABLE LIQUIDS ............................................................................ 23

SECTION 507 BULK STORAGE OF FUEL ............................................................................................ 23

SECTION 508 PLANNED UNIT DEVELOPMENT (PUD) ....................................................................... 24

SECTION 509 CLUSTER HOUSING ..................................................................................................... 27

SECTION 510 CAMPGROUNDS .......................................................................................................... 27

ARTICLE 6 WIRELESS TELECOMMUNICATIONS FACILITIES ...................................... 29

SECTION 600 TITLE .......................................................................................................................... 29

SECTION 601 PURPOSES ................................................................................................................... 29

SECTION 602 AUTHORITY ................................................................................................................ 29

SECTION 603 CONSISTENCY WITH FEDERAL LAW ............................................................................ 29

SECTION 604 PERMITTED LOCATIONS .............................................................................................. 30

SECTION 605 PROHIBITED LOCATIONS ............................................................................................. 30

SECTION 606 SMALL SCALE FACILITIES .......................................................................................... 30

SECTION 607 APPLICATION REQUIREMENTS FOR WIRELESS TELECOMMUNICATIONS FACILITIES ... 30

SECTION 608 COLOCATION REQUIREMENTS .................................................................................... 32

SECTION 609 ACCESS ROADS AND ABOVE GROUND FACILITIES ..................................................... 33

SECTION 610 TOWER AND ANTENNA DESIGN REQUIREMENTS ........................................................ 33

SECTION 611 TOWER LIGHTING AND SIGNAGE; NOISE GENERATED BY FACILITY ........................... 34

SECTION 612 AMENDMENTS TO EXISTING PERMIT .......................................................................... 34

SECTION 613 TEMPORARY WIRELESS COMMUNICATION FACILITIES ............................................... 34

SECTION 614 CONTINUING OBLIGATIONS ........................................................................................ 35

SECTION 615 FACILITY REMOVAL ................................................................................................... 35

SECTION 616 MAINTENANCE OF TELECOMMUNICATIONS FACILITIES .............................................. 35

SECTION 617 INSURANCE REQUIREMENTS ....................................................................................... 35

SECTION 618 FEES ........................................................................................................................... 36

SECTION 619 ENFORCING AGENT .................................................................................................... 36

SECTION 620 SEVERABILITY ............................................................................................................ 36

SECTION 621 GLOSSARY OF TELECOMMUNICATIONS TERMS ........................................................... 36

ARTICLE 7 DEFINITIONS ............................................................................................................ 38

ARTICLE 8 FLOOD HAZARD AREA REGULATIONS ........................................................... 43

SECTION 800 STATUTORY AUTHORIZATION AND EFFECT ................................................................ 43

SECTION 801 STATEMENT OF PURPOSE ............................................................................................ 43

SECTION 802 OTHER PROVISIONS .................................................................................................... 43

SECTION 803 LANDS TO WHICH THESE REGULATIONS APPLY ......................................................... 43

SECTION 804 SUMMARY TABLE: DEVELOPMENT REVIEW IN HAZARD AREAS ................................. 44

SECTION 805 DEVELOPMENT REVIEW IN HAZARD AREAS ............................................................... 45

SECTION 806 DEVELOPMENT STANDARDS ....................................................................................... 46

SECTION 807 ADMINISTRATION ....................................................................................................... 48

SECTION 808 CERTIFICATE OF OCCUPANCY..................................................................................... 49

SECTION 809 ENFORCEMENT AND PENALTIES ................................................................................. 50

SECTION 810 DEFINITIONS ............................................................................................................... 50

This update of the Halifax Zoning Regulations was funded in part by a municipal

planning grant from the Vermont Dept. of Housing and Community Development.

Article 1 Enactment and Provisions

Section 100 Enactment

In accordance with Section 4401 of the Vermont Municipal and Regional Planning and Development

Act, Title 24 V.S.A. (Vermont Statutes Annotated) Chapter 117 hereinafter referred to as “the Act”,

there is hereby established a Zoning Regulation for the Town of Halifax, as set forth in the text and

maps contained herein. This Regulation shall be known as the “Halifax Zoning Regulation”.

Section 101 Intent

It is the intent of this Zoning Regulation to provide for orderly growth and appropriate management

of forest and agricultural resources in Halifax and to further the purposes established in Section 4302

of the Act.

Section 102 Reference to State Law

Hereafter any reference to specific sections of 24 V.S.A. Chapter 117 is intended to refer to sections

of the law as in effect on the date of adoption of this Regulation and as they may be amended.

Section 103 Application of the Regulations

The application of this Regulation is subject to the provisions of all sub-chapters of the Act. This

Regulation is intended to repeal the previous Town of Halifax Zoning Regulation, but it is not

intended to repeal, annul or in any way impair any other regulations or permits previously adopted

or issued. In any case where the provisions of this Regulation overlap or conflict in their application

to a particular structure, use, or parcel of land, those provisions that would impose the greater

restriction upon such structure, use, or parcel of land shall control.

Section 104 Amendments

This Regulation may be amended according to the requirements and procedures established in

Sections 4441 and 4442 of the Act.

Section 105 Severability (Separability)

Should any section or provision of this Regulation be decided by the courts to be unconstitutional or

invalid, such decision shall not affect the validity of the Regulation as a whole or any part hereof

other than the part so decided to be unconstitutional or invalid.

Section 106 Effective Date of this Regulation

This Regulation shall take effect in accordance with the voting and other procedures contained in

Section 4442 of the Act.

Article 2 Administration and Enforcement

Section 201 Zoning Administrator

A Zoning Administrator is hereby appointed to administer the Halifax Zoning Regulation in

accordance with Section 4448 of the Act. The Zoning Administrator shall literally enforce the

provisions of this Regulation, and in so doing, shall inspect land developments, maintain records of

his actions, report periodically to the public and the Selectboard, and perform all other necessary

tasks to carry out the provisions of this Regulation and the duties of his office. (See 24 V.S.A. §4452

et seq. for enforcement.)

Section 202 Zoning Permits

After the effective date of this Regulation, no development may occur until a Zoning Permit has been

duly issued by the Zoning Administrator. Development in the Special Flood Hazard Area is defined in

Article 8, Section 810. Outside of the special flood hazard area “Development” is hereby defined as:

The division of a parcel of land into two or more parcels; the construction, reconstruction,

conversion, structural alteration, relocation, enlargement, or demolition of any structure; any

mining, excavation, landfill or construction of ponds or other impoundments; and any change in

use or extension of use of the land or structures.

Development does not include the removal of interior walls, the installation or replacement of

windows or doors or other alterations that would not enlarge a structure, encroach on any

setback or other dimensional requirements, or be likely to change the use of a structure.

Constructing one building or structure per parcel 100 square feet in area or less or landscaping,

excavation or filling incidental and accessory to a lawful use of the land is also not considered

development.

1. All zoning permits are subject to the limitations on municipal bylaws detailed in section 4413

of the Act. The following uses (described in complete detail in Section 4413(a) 1 through 6)

may be regulated only with respect to location, size, setbacks and the other criteria detailed

in Section 4413(a): 1) State- or community-owned and operated institutions and facilities; 2)

Public and private schools and other educational institutions certified by the state department

of education; 3) Churches and other places of worship, convents, and parish houses; 4) Public

and private hospitals; 5) Regional solid waste management facilities certified under 10 V.S.A.

Chapter 159; 6) Hazardous waste management facilities for which a notice of intent to

construct has been received under 10 V.S.A. Section 6606a.

2. No zoning permit shall be required for the following activities, described in further detail in

§§4413 (b), (d), and (e) of the Act:

a. Public utility generating plants and transmission facilities regulated under 30 V.S.A. §248

(4413(b).

b. The construction of farm structures or accepted agricultural and silvicultural practices as

defined by the secretary of agriculture, food and markets or the commissioner of forests,

parks and recreation. A person shall notify the town of intent to build a farm structure and

abide by setbacks approved by the secretary of agriculture, food and markets 4413(d).

c. Hunting, fishing and trapping as defined by 24 V.S.A. §2295 (4413(e).

3. Activities defined as development and not exempted or restricted by the preceding provisions

of Section 202(1) and (2) require a permit. The Zoning Administrator shall approve a permit

only if all of the following requirements are met:

a. Zoning Permit Application Form as established by the Planning Commission, including plot

plan requirements, has been properly completed and submitted.

b. The Zoning Permit Fee, as annually established by the Selectboard in accordance with

Section 4440 of the Act, has been paid.

c. If a proposed use requires other permits under the Town Highway or Health Ordinances,

or a state Wastewater System and Potable Water Supply permit, such permits shall be

obtained and submitted to the Zoning Administrator.

d. All applicable local reviews and approvals have been secured where required, including,

but not limited to, Site Plan, Conditional Use, Planned Unit Development (PUD), Right-of-

way or Variance approvals.

e. The stipulations of any applicable State agencies have been satisfied in accordance with

Section 403 of these Regulations.

4. The applicant must post a copy or notice of the approved permit within view of the public

right-of-way most nearly adjacent to the property for 15 days immediately following the

issuance of the permit.

5. The Zoning Administrator shall approve or disapprove a complete application for a zoning

permit, or, if required, shall forward such application to the Zoning Board of Adjustment,

Planning Commission or, pursuant to Section 4424 of the Act pertaining to flood or other

hazard areas to the State Agency of Natural Resources, for review within thirty (30) days of

acceptance of the complete application. No zoning permits shall be issued except in

conformance with the provisions of these Regulations and with the submission of all required

approvals. If the Zoning Administrator fails to act with regard to such application for a permit

within thirty (30) days, a permit shall be deemed issued on the 31st day.

6. Within three (3) days following the issuance of a zoning permit, the Zoning Administrator

shall deliver a copy of the permit to the Board of Listers, and shall post a copy of the permit

in at least one public place in the Town until the expiration of fifteen (15) days from the date

of issuance of the permit.

7. Within 30 days after a zoning permit has been issued, the Zoning Administrator shall deliver a

copy or notice of the permit to the Town Clerk for recording in the land use records and file a

copy where all municipal and land use records are kept.

8. No zoning permit issued by the Zoning Administrator shall take effect until fifteen (15) days

have passed or, if an appeal is filed, until the final adjudication of the appeal by the Zoning

Board and the time for taking the appeal to the Environmental Court has passed. If an appeal

is taken to the Environmental Court, the permit shall not take effect until the Environmental

Court either issues a stay or a ruling on the appeal.

9. A zoning permit is in force for two (2) years from its date of issuance, except a permit for a

Planned Unit Development which may be in force for up to five (5) years. If the permitted

activities have not been substantially completed within this period, re-application must be

made for a new zoning permit, unless an extension for an additional two (2) years is granted

either by the Zoning Administrator for one- and two-family homes and related accessory

structures/uses, or by the Zoning Board of Adjustment for all other uses.

10. Violations of these Regulations shall be regulated as prescribed in Sections 4451, 4452 and

4454 of the Act.

11. An interested person, as defined in Section 4465(b) of the Act and on page 40 of this

regulation, may appeal any act or decision of the Zoning Administrator to the Board of

Adjustment within fifteen (15) days of such act or decision, in accordance with the provisions

of Subchapter 11 of the Act.

Section 203 Zoning Board of Adjustment

The Zoning Board of Adjustment (ZBA) for Halifax is established as provided for in Section 4460 of

the Act, members of which shall be appointed by the Selectboard in accordance with the provisions

of Section 4460 of the Act. The ZBA shall have all the powers and duties specified in the Act, and it is

established with the rules of procedure including public notice, appeal, and approval as provided in

the Act.

1. Appeals The ZBA shall hear and decide upon appeals brought by interested persons according

to sections 4465, 4466 and 4468 of the Act.

2. Waivers The ZBA shall hear and decide upon requests for dimensional waivers under §4414(8)

of the Act. The purpose of a waiver is to allow for the reduction of dimensional requirements

that might not meet the standards necessary for granting of a variance.

a. Pursuant to 24 V.S.A. §4414 (8), waivers to dimensional requirements of this Zoning

Regulation may be granted by the ZBA after considering the Waiver Criteria in Section 203

2 c, Waiver Criteria, below. The burden of proof is on the applicant to demonstrate that the

waiver requested meets the Waiver Criteria.

b. A waiver may be granted to any of the dimensional requirements in this Zoning Regulation.

c. Waiver Criteria. The ZBA may grant a waiver(s) to a dimensional requirement(s) after

making findings on the following criteria:

1. The waiver is helpful or necessary to allow for reasonable use of the property.

2. The waiver is the minimum reduction in the dimensional requirement that will enable the

reasonable use of the property.

3. Any adverse effects of the waiver are mitigated by design, screening, or other remedies.

4. The need for a waiver was not created by past decisions of the applicant.

5. The proposed project will still conform to the Town Plan.

6. The proposed project will still conform to the purpose of the zoning district (as stated in

Sections 306-308, Village, Rural Residential, and Conservation, of this Zoning

Regulation) in which the land development is located.

7. The proposed project will not have an undue adverse effect on the following:

A. Surrounding properties and property values

B. The character and aesthetics of the neighborhood

C. Traffic patterns and circulation

D. Public health, safety, and utility services

E. Stormwater management

F. Water and wastewater capacity.

d. Waiver application and review process

1. Application to the ZBA for a waiver shall be made as part of an application for one of the

ZBA reviews listed in Section 203 of this Regulation or as a separate application if one of

the reviews listed in Section 203 is not required for the application.

2. The application shall come to the ZBA either from the applicant as an appeal of a

decision of the Zoning Administrator or a referral from the Zoning Administrator.

3. Requests for waivers are considered by the ZBA. Any request for a waiver will be warned

and a public hearing held, subject to procedures set forth in Section 203 f (Conditional

Use Hearing and Approval) of this Regulation.

4. The ZBA shall consider the opinion of abutters in deciding whether to grant the waiver.

5. In granting a decision in favor of the applicant, the ZBA may attach reasonable

conditions, including mitigation by design, screening, or other remedy.

6. Any waiver granted under this section shall be limited to the specific property to which it

has been granted. A waiver on one property shall not be construed as a general

guideline or standard for any other property.

7. Expiration: Waiver approvals shall expire by limitation if work is not completed within

two (2) years from the date they are approved. All work must be completed as shown

on any approved plan before the expiration date. One year extensions of this deadline

may be granted by the Zoning Administrator prior to expiration. Requests for extensions

must be made in writing.

8. Appeals: Any request for a Waiver that is denied may be appealed subject to Section

203 of this Regulation.

3. Variances The ZBA shall hear and decide upon requests for variance under Section 4469 of

the Act. On an appeal for a variance regarding a structure that is not primarily a renewable

energy resource structure, the ZBA may grant variances and render a decision in favor of the

appellant if all the criteria under section 4469(a) of the Act are met. The board may grant a

request for variance regarding a structure that is primarily a renewable energy resource

structure in accordance with Section 4469(b) of the Act. The Board shall act to approve or

disapprove any request for a variance within forty-five (45) days from the close of the final

public hearing. Failure to do so within such period shall be deemed approval.

4. Conditional Use Permits The ZBA shall hear and decide upon applications for conditional use

permits. In considering its action, the Board shall make findings on general and specific

standards, and may attach conditions as provided for in Section 4414(3) of the Act.

a. General Conditional Use Standards are as provided in Section 4414(3)(A) of the Act.

These general standards shall require that the proposed conditional use shall not result in

an undue adverse effect on any of the following:

(i) The capacity of existing or planned community facilities.

(ii) The character of the area affected, as defined by the purpose or purposes of the

zoning district within which the project is located, and specifically stated policies and

standards of the municipal plan.

(iii) Traffic on roads and highways in the vicinity.

(iv) Bylaws and ordinances then in affect.

(v) Utilization of renewable energy resources.

b. Specific Conditional Use Standards are adopted in order to safeguard the interests of

surrounding properties, the neighborhood, or the town as a whole. In granting a

Conditional Use Permit, the ZBA may:

• Increase lot size or setback requirements.

• Reduce the coverage or height of buildings.

• Control the number and location of vehicular access points; control the location of off-

street parking, storage areas, and placement of buildings on a lot.

• Increase the number of off-street parking spaces.

• Limit the number, location and size of signs, and control the placement, shielding, and

intensity of lighting.

• Require suitable landscaping and screening to accomplish the purpose of screening,

buffering, erosion control, etc., and to maintain the district character.

• Require the installation of devices or methods to prevent or control the polluting of

waters and the emission of fumes, gas, dust, smoke, odor, noise or vibration.

• Apply any additional standards as provided for within these Regulations.

c. Additional Conditions As a condition of the grant of a conditional use, the Board may

attach such additional reasonable conditions as it may deem necessary to implement the

purposes of the Act and these regulations.

d. Documentation Applications for Conditional Use Permits are submitted to the Zoning

Administrator, who in turn notifies the ZBA within 5 days of receipt of the application.

Each application must be accompanied by a completed Conditional Use application form,

the required fee, and a site plan, as described in subsection 8 of this section. Incomplete

applications will be returned by the Zoning Administrator without action.

e. Site Plan The ZBA shall review site plans that are part of Conditional Use applications. In

accordance with Section 4416 of the act, in reviewing site plans the ZBA may impose

appropriate conditions and safeguards with respect to: the adequacy of parking, traffic

safety and access, and circulation for pedestrians and vehicles; landscaping, screening

and setbacks to achieve maximum compatibility with the protection of adjacent property;

the protection and use of renewable energy resources; exterior lighting; the size, location

and design of signs, and other matters specified by these regulations. The applicant shall

submit two sets of Site Plan maps and supporting data with the Conditional Use

application which shall include the following information:

• Name and address of property owner, or applicant if different than owner, and of owners

of record of adjoining lands; name and address of person or firm preparing map.

• Halifax land records data: book number and page of recorded deed to property.

• Lot, block and section number of property, as identified on the most current tax map

record that is available.

• Property lines, acreage figures, scale of map, north point, and date.

• Existing contours and features, including: structures, streets, driveways, easements,

and rights-of-way, major natural features (such as wetlands, ponds, streams, etc.),

utilities, and any deed restrictions applying to the property.

• Proposed grading and location of structures and land use areas.

• Proposed layout of roads, driveways, walkways, utilities, traffic circulation and parking

spaces.

• Existing trees, shrubs and other vegetation to be preserved on the site, and proposed

changes, including vegetation to be removed.

• Proposed landscaping.

• The Site Plan map shall indicate the total potential development of the entire property,

as applicable.

• Anticipated phasing of development shall be shown on the Site Plan map.

f. Conditional Use Hearing and Approval The ZBA has up to 60 days to hold at least one

public hearing after the day on which the complete application, including site plan if

required, is submitted in good order. The Zoning Board of Adjustment shall act to approve

or disapprove any requested conditional use within forty five (45) days of the adjournment

of the final public hearing. Failure to do so within such period shall be deemed approval.

5. Technical Review The ZBA may hire professionals to conduct technical reviews of any

application under consideration. When the ZBA deems such reviews necessary, a fee that fully

covers the costs shall be charged to the applicant. Per 24 V.S.A. § 4440(d), the Selectboard

may establish procedures and standards for requiring an applicant to pay for reasonable costs

of an independent technical review of the application.

6. Planned Unit Development, Cluster Housing Review The ZBA will review and decide upon

applications for Planned Unit Developments in accordance with Section 4417 of the Act and

Section 508 of this regulation. The ZBA shall also review and decide upon applications for

Cluster Housing in accordance with Section 509 of this regulation.

Section 204 Planning Commission

The Planning Commission (PC) for Halifax is established as provided for in §4321 et seq. of the Act,

members of which shall be appointed by the Selectboard in accordance with the provisions of the

Act, and it is established with the rules of procedure including public notice, appeal, and approval as

provided in the Act. The Planning Commission shall have all the powers and duties specified in the

Act, including the following:

1. Site plan approval for projects which do not require a conditional use permit and are thus not

covered by the ZBA. Procedures are the same as detailed in Section 203(4)(e) of this

Regulation. The Planning Commission shall hold at least one public hearing within 60 days

after the completed site plan is submitted. The Commission shall act to approve or disapprove

any site plan application within 45 days of the adjournment of the final public hearing.

2. In those zoning districts where allowed, review and decide upon applications for rights-of-way

or easements for development lacking frontage in accordance with Section 4412(3) of the Act.

3. The Planning Commission may hire professionals to conduct technical reviews of any

application under consideration. When the PC deems technical reviews necessary, a fee that

fully covers the costs shall be charged to the applicant. Per 24 V.S.A. §4440(d): the

Selectboard may establish procedures and standards for requiring an applicant to pay for

reasonable costs of an independent technical review of the application.)

Section 205 Public Notice Requirements

Notification procedures as detailed in Section 4464(a) of the Act apply. Key provisions are outlined

below; full details may be found in the Act.

1. A warned public hearing is required for all development review applications before an

appropriate municipal panel.

a. Public notice for conditional use review, variances, appeals from Zoning Administrator

decisions, and final plat review for subdivisions shall be given not less than 15 days prior

to the date of the public hearing.

b. Public notice for hearings on all other types of development review, including site plan

review, shall be given not less than 7 days prior to the date of the public hearing.

2. Public notice shall include the following:

a. For reviews covered under 205(1)(a) above, publication of the date, place and purpose of

the hearing in a newspaper generally circulated in the municipality. This does not apply to

1(b).

b. Posting of the same information in three or more places within the municipality.

c. Written notification to the applicant and all adjoining property owners, without regard to

public rights-of-way. Notification shall include a description of the project, information

about where additional information may be obtained, and shall clearly state that

participation in the local proceeding is a prerequisite for any subsequent appeal.

3. The Appropriate Municipal Panel shall require the applicant to bear the cost of public warnings

detailed in 2(a) and (b) above.

Article 3 Zoning Districts

Section 300 Establishment of Zoning Districts

The Town of Halifax is hereby divided into the following zoning districts as shown on the Halifax

Zoning Map.

Conservation District C

Village District V

Rural Residential District RR

Section 301 Purpose of Zoning Districts

The purpose of these districts is to further the public health, safety and welfare of the Town of

Halifax. In addition, these districts seek to provide an orderly, attractive, compatible and logical

growth pattern for the Town by allocating the various functional uses to areas best suited for them

within the Town boundaries.

Section 302 Maps

The location and boundaries of the Zoning Districts are established as shown on the Halifax Zoning

Map. The Zoning Map is hereby made a part of this Regulation, together with all future notations,

references and amendments.

Section 303 Boundaries

Boundaries between districts are, unless otherwise indicated, the centerlines of roads or streams or

follow property boundaries where indicated on the Zoning Map or described in this Regulation. Where

there is any uncertainty, contradiction or conflict as to the intended location of any district boundary

due to scale, lack of detail or illegibility of the maps, the Board of Adjustment shall make an

interpretation upon an appeal from a decision of the Zoning Administrator. Where the boundary line

between two zoning districts divides a lot, the provisions of the least restrictive district may be

extended by fifty feet into the adjacent district.

Section 304 General Zoning District Standards and Definitions

1. Buildings and Uses on Lots There shall be only one principal building or one principal use and

its structures on a lot. Provision is made for accessory uses and home occupations.

2. Building Heights The maximum building height in all districts is three (3) stories or thirty-five

(35) feet, whichever is less, except for silos and other agricultural uses; church spires;

cupolas; bell, clock and fire towers; telecommunications facilities; and antennas for municipal

or fire company use only. Private antennas may extend 10 feet above the roof line of a 3

story building.

3. Setbacks from a Street or Property All setbacks are measured from the property line or

permanent easement or right-of-way, as applicable, back to the closest point of the structure

or setback object.

4. Residential/Non-residential Uses A residential structure is a dwelling or any accessory

structure no greater than 200 square feet in size on the same lot. Accessory structures

greater than 200 square feet in size, or buildings of any size on lots without a dwelling are

nonresidential.

5. Setbacks from a Watercourse or Water Body The minimum setback requirement for structures

and septic systems, including leachfields, from all watercourses and water bodies shall be 75

feet. Setbacks are measured from the seasonal high water mark along the bank or shoreline.

Structures whose primary purpose requires that they be in or immediately along banks or

shorelines, such as docks and hydroelectric installations, are exempt from this setback

requirement.

6. Yards on Corner Lots All yards adjoining a road shall be considered a front yard for the

purpose of these regulations.

7. Area In calculating the required area, width and depth of a lot, existing and proposed road

rights-of-way shall be excluded.

8. Uses Not Provided For Other uses are permitted upon a finding by the Planning Commission

that such use is of the same general character as those permitted within the district and will

not be detrimental to the other uses within the district or to the adjoining land uses. After a

finding is made by the Planning Commission that a use is similar to a Permitted Use, then the

applicant shall proceed with securing a Zoning Permit from the Zoning Administrator. If a

finding is made by the Planning Commission that a use is similar to a Conditional Use,

approval from the Board of Adjustment is required.

9. Prohibited Uses Any use not designated as a permitted or conditional use within this

Regulation or not meeting the criteria of subsection 7 above shall be deemed prohibited.

Section 305 Permitted Uses in All Districts

The following uses are permitted in all districts:

1. Land Division 5. Home Industry

2. Agriculture 6. Cemetery

3. Forestry 7. Accessory Use

4. One and Two-Family Dwellings 8. Accessory dwelling units (see Section 402

Accessory Dwelling Unit)

9. Boundary Line Adjustment

In accordance with Section 4412 of The Act, the following uses are considered a permitted single-

family use of property in all districts.

a. Family child care homes serving no more than six (6) full-time children and four (4) part-

time children (see Section 504 Child Care Homes or Facilities and Residential Care and

Group Homes for details)

b. Residential care or group homes serving no more than eight (8) persons (see Section 504

Child Care Homes or Facilities and Residential Care and Group Homes for details).

Section 306 Village

1. Description The Village District contains all lands within the area shown on the Halifax Zoning

Map.

2. Purpose The purpose of the Village District is to support the role of the village as the focus of

many social and economic activities in the community and to provide for residential,

commercial and other compatible development that serves the needs of the community. Such

development should occur at densities and uses that will maintain the traditional social and

physical character of the village including its historic, agricultural, and scenic resources.

3. Permitted Uses, V In addition to uses listed in section 305 of this regulation, the following

uses are permitted by right:

1. Bed & Breakfast 3. Personal Service

2. Office

4. Conditional Uses, V The following uses require a Conditional Use Permit from the Board of

Adjustment:

1. Multi-Family Dwelling 5. Lodge/Inn

2. Planned Unit Development 6. Resource Industry

3. Public Utility Facility 7. Earth & Mineral Extraction

4. Public Assembly Facility 8. Office/Office Building

9. Retail Uses 17. Funeral Home

10. Bank 18. Indoor/Outdoor Recreation Facility

11. Restaurant 19. Campground

12. Uses listed in Section 202(i) 20. Group Home/Child Care Facilities

13. Boarding House exceeding minimum size (see section 504)

14. Hotel/Motel 21. Garden/Farm Supply or Nursery

15. Service Station, Repair Garage 22. Veterinary Office (no boarding of animals)

16. Light Industry 23. Mini-storage

5. Area, Dimensional and Coverage Requirements, V

Non-Residential Uses Residential Uses

Lot Area 2 Acres minimum 2 Acres/dwelling unit min

Lot Frontage (see Sect. 401) 200 Feet minimum 200 Feet minimum

Front Yard Setback 35 Feet minimum 35 Feet minimum

Side & Rear Yard Setback 25 Feet minimum 25 Feet minimum

Lot Coverage 40% maximum 20% maximum

Section 307 Rural Residential

1. Description The Rural Residential District includes all areas within the Halifax Town limits not

included in the Conservation or Village Districts, as shown on the Halifax Zoning Map.

2. Purpose The purpose of the Rural Residential District is to provide for residential development

and compatible light industrial & light commercial uses at moderate densities which are easily

accessible to Class 2 and 3 public roads. It is anticipated that the bulk of new residential and

light commercial growth will take place within this district. Special care should be taken to

protect the rural-residential character of this district, to locate proposed development off of

productive agricultural lands, and to minimize forest fragmentation. Non-residential

development proposed in the RR District shall be carefully reviewed on a case-by-case basis

utilizing the standards established under Conditional Use Approval, and elsewhere throughout

this Zoning Regulation including, but not limited to General Performance Standards,

Landscaping Requirements, and Article 5 Special Regulations, as applicable.

3. Permitted Uses, RR In addition to uses listed in section 305 of this regulation, the following

uses are permitted by right:

1. Bed & Breakfast 3. Personal Service

2. Office 4. Wildlife Refuge

4. Conditional Uses, RR The following uses require a Conditional Use Permit from the Board of

Adjustment:

1. Multi-Family Dwelling 14. Service Station, Repair Garage

2. Planned Unit Development 15. Light Industry

3. Public Utility Facility 16. Funeral Home

4. Public Assembly Facility 17. Indoor/Outdoor Recreation Facility

5. Lodge/Inn 18. Campground

6. Resource Industry 19. Group Home/Child Care Facilities exceeding

7. Earth & Mineral Extraction minimum size (see section 504)

8. Office/Office Building 20. Garden/Farm Supply or Nursery

9. Retail Uses 21. Veterinary Clinic

10. Bank 22. Commercial Animals, Kennel

11. Restaurant 23. Mini-Storage

12. Boarding House 24. Uses listed in Section 202(i)

13. Hotel/Motel 25. Bulk Storage of Fuel

5. Area, Dimensional and Coverage Requirements, RR

Non-residential Uses Residential Uses

Lot Area 3 Acres minimum 3 Acres/dwelling unit min

Lot Frontage (see Sect. 401) 300 Feet minimum 300 Feet minimum

Front Yard Setback 50 Feet minimum 35 Feet minimum

Side & Rear Yard Setback 50 Feet minimum 25 Feet minimum

Lot Coverage 25% maximum 15% maximum

Section 308 Conservation District

1. Description The Conservation District contains all designated lands within the area described

following and shown on the Halifax Zoning Map.

2. Purpose The purpose of the Conservation District is to protect the natural resource value of

lands that are essentially undeveloped, are important upland wildlife habitat or corridors,

particularly for large game animals such as deer and bear, or have high forestry value, are

unsuitable for land development, or include irreplaceable, limited or significant natural,

recreational, or scenic resources.

3. Permitted Uses, C In addition to uses listed in section 305 of this regulation, the following

uses are permitted by right:

1. Wildlife Refuge

4. Conditional Uses, C The following uses require a Conditional Use Permit from the Board of

Adjustment:

1. Planned Unit Development 4. Limited Outdoor Recreation

2. Bed & Breakfast 5. Resource Industry

3. Vet. Clinic, Commercial Animals, 6. Uses listed in Section 202(i)

Kennel

5. Area, Dimensional and Coverage Requirements, C

Lot Area 15 Acres minimum

Lot Frontage (see Sect. 401) 500 Feet minimum

Front Yard Setback 50 Feet minimum

Side & Rear Yard Setback 50 Feet minimum

Lot Coverage 10% maximum

River Corridors and Special Flood Hazard Area regulations overlay any other existing zoning districts

and the regulations herein are the minimum standards that must be met before meeting the

additional standards applicable in the underlying district. See Article 8, Flood Hazard Area

Regulations.

Article 4 General Regulations

In accordance with Sections 4412 (required provisions) and 4413 (limitations) of the Act, the

following provisions shall apply:

Section 400 Existing Nonconforming Lots

Any lot in individual and separate and nonaffiliated ownership from surrounding properties in

existence on the effective date of this Regulation may be developed for the purposes permitted in

the district in which it is located and in accordance with all applicable requirements of this

Regulation, even though not conforming to minimum lot size or frontage requirements, if such lot is

not less than one-eighth acre in area with a minimum width or depth dimension of forty feet.

1. If a lot rendered nonconforming by Halifax Zoning Regulations prior to January 1, 2005

subsequently comes under common ownership with one or more contiguous lots, the lot shall

be deemed merged. Existing small lots separated by a public road shall not be considered

contiguous. Nonconforming lots shall not be deemed merged and may be separately conveyed

if 1) they are conveyed in their preexisting configuration; 2) on the effective date of any

zoning regulations, each lot had been developed with a water supply and wastewater disposal

system; 3) each water supply and wastewater system is functioning in an acceptable manner;

and 4) the deeds of conveyance create appropriate easements on both lots for replacement of

one or more wastewater systems.

2. Any lot conforming to Halifax Zoning Regulations on the date of adoption of this regulation

that does not conform to minimum lot size or frontage requirements in this regulation may be

developed for the purposes permitted in the district in which it is located in accordance with

all applicable requirements, as long as such lot is not less than one-eighth acre with a

minimum width or depth dimension of 40 feet.

Section 401 Required Frontage on or Access to Public Roads or Public Waters

No land development may be permitted on a lot that does not have either frontage on or, with the

approval of the Planning Commission, access to such a road or waters by a permanent easement.

1. Requirements for Lots Without Public Road or Waters Frontage Frontage requirements for a

single lot served by an approved 50 foot right-of-way shall be reduced to the width of the

right-of-way in all districts. Each approved right-of-way is to serve only one lot. The use of a

pre-existing driveway that serves another lot cannot be used as a right-of-way to a newly

created lot unless the driveway/right-of-way is upgraded to Town Standards (see Section 401

a. below) and unless a deeded maintenance agreement is in place. Frontage on private lanes

existing on the date of adoption of this regulation shall be included for the purpose of land

development. All setback, area, dimension and coverage requirements of lots on existing

private lanes or approved, dedicated rights of way shall conform to those listed in Article 3 of

this Regulation. In accordance with Section 4412(3) of the Act, the following standards and

approval process apply to Planning Commission granting of rights of way:

a. Standards The Agency of Transportation Standards B-71 for Residential and Commercial

Drives, are adopted for approved rights of way.

b. Approval Process Provisions detailed in Section 205(1)(b) and 205(2) and (3) of this

Regulation shall be followed when considering approval of a proposed right-of-way access

under this section.

Section 402 Accessory Dwelling Unit

In accordance with Section 4412(1)(E) of the Act, one accessory dwelling unit located within or

appurtenant to an owner-occupied single-family dwelling is a permitted use in all districts, providing

the property has sufficient wastewater capacity and that setback and coverage requirements listed in

Article 3 of this Regulation are met. An approved health permit is required for all accessory units. An

accessory dwelling unit means an efficiency or one-bedroom apartment that is clearly subordinate to

a single-family dwelling and has facilities for sleeping, food preparation and sanitation. Floor space of

the accessory unit shall not exceed 50% of the floor space of the existing living area of the single-

family residence. The unit may be attached to the single-family dwelling or may be free-standing.

Accessory units may be located in any existing building. New detached units may be located no more

than 100 feet from the main dwelling. This maximum detachment distance shall be measured from

the single-family dwelling itself, not from any decks, breezeway or other accessory structure

attached to the main dwelling.

Section 403 Multi-Family Dwelling

A multi-family dwelling consists of 3 or more residential dwelling units. All setback, area, dimension

and coverage requirements detailed in Section 3 apply to multi-family dwellings. Any such dwelling

must have adequate potable water and wastewater capacity as determined by the appropriate state

agency or Halifax health regulations; if there is any conflict between the two, the more stringent

standards apply. The maximum number of units allowed per lot is four times the maximum allowable

permitted units, or eight. Only one multi-family dwelling is allowed per lot. The provision for

accessory dwelling units does not apply.

Section 404 Agency of Natural Resources Consultation

The applicant is responsible for contacting the regional permit specialist employed by the Agency of

Natural Resources to ensure timely action on any state-related permits that may be required.

Section 405 General Performance Standards

In all districts and for all uses, the following general performance standards must be met, together

with any applicable state standards and specific standards as required under this Regulation. The

Zoning Administrator shall decide whether proposed or existing Permitted Uses and all other existing

Conditional Uses meet the standards; the Zoning Board of Adjustment and/or the Planning

Commission shall decide on the conformance of proposed uses with the standards for Conditional Use

Review and Site Plan Approval Review, where applicable.

The following conditions must not exist at the individual property lines:

1. Noise exceeding seventy (70) decibels at nearby residences or at individual property line.

2. Persistent, repetitive, or reoccurring noise that represents a significant increase in noise levels

in the vicinity of the use so as to be incompatible with the reasonable use of the surrounding

lots. Exemptions to this are noises produced during forestry and agricultural operations, the

construction of roads and structures and maintenance operations customarily incidental to

residential uses.

3. Non-farming or forestry related odors determined by the Department of Environmental

Conservation to be offensive.

4. Emissions of dust, ash, smoke, or other particulates composed of liquid or solid particles in

concentrations exceeding 0.3 grains per cubic foot at the point of emission, or which cause

soiling beyond the property boundary (dust or dirt from customary agricultural and forestry

operations shall not be considered offensive under this provision).

5. Release of gases that can damage human or animal health, vegetation, or property by reason

of concentration or toxicity.

6. Vibration, as a result of normal operation, that creates displacement of two one-thousandths

(0.002) of one (1) inch.

7. Glare, lights or reflection which could impair the vision of a driver of any motor vehicle, be

detrimental to the general public safety, health or welfare, or which constitutes a nuisance to

other property owners or tenants.

8. Existing or potential fire, explosion or safety hazard.

9. Discharge, runoff, or leaching of harmful wastes including, but not limited to, oils, fuels,

pesticides, seepage, and other pollutants into aquifer recharge areas, groundwater, streams,

ponds, lakes or other bodies of water. This condition shall not exist at or anywhere within the

property lines of the parcel involved. Effluent disposal shall comply with the local and state

sewer health standards.

10. Storm water discharge that may create an unsafe condition or cause damage to persons or

property off the site.

11. Existing or potential health hazards which result from the improper storage, disposal or

removal of garbage, trash, rubbish, noxious substances, or other similar materials.

Section 406 Nonconforming Uses and Structures

In accordance with Section 4412(7) of the Act, the following provisions shall apply to all buildings

and uses existing on the effective date of this Regulation which do not conform to the requirements

set forth in this Regulation, and to all buildings and uses that, in the future, do not conform by

reason of any subsequent amendment to this Regulation. Any nonconforming uses or structures may

be continued indefinitely, but shall not be moved, enlarged, altered, extended, reconstructed or

restored, except as provided below.

1. Nonconforming Use

a. Change A nonconforming use may be changed to another nonconforming use of equal or

less intensity upon approval of the Zoning Board of Adjustment, but such use shall not

then be permitted to change back to a more intensive, nonconforming use.

b. Re-establishment If any nonconforming use of a structure ceases for any reason or is

changed to a conforming use for a continuous period of more than one year, then any

subsequent use must conform with all provisions of these regulations for the district in

which it is located. A nonconforming use may be re-established or restored within one

year from the time of discontinuance upon conditional use approval of the Zoning Board of

Adjustment. Intent to resume a nonconforming use shall not confer the right to do so.

c. Enlarged or Rebuilt Structure Structures housing a nonconforming use may be expanded,

or reconstructed if destroyed, subject to all the provisions of these regulations. A

nonconforming use may be continued in new or expanded structures, but it shall not be

increased beyond its extent prior to reconstruction or expansion of the building.

2. Nonconforming Structures

a. Extension or Enlargement Extensions or enlargements may be made to the complying

portion of a nonconforming structure in accordance with all applicable requirements of this

regulation. For example, one could extend to the sides and rear, but not the front, of a

dwelling that does not meet the district’s front-yard setback requirements from the road

right-of-way.

b. Maintenance and Repair Nothing in this section shall be deemed to prevent normal

maintenance and repair of a nonconforming structure provided that such action does not

increase the degree of or create any new nonconformity with regards to the regulation

pertaining to such structures.

c. Repair or Reconstruction If any nonconforming structure is destroyed, repairs or

reconstruction may be made to that structure provided that a zoning permit is applied for

within one (1) year from the date of destruction and work is substantially completed

within two (2) years. The repaired or reconstructed structure cannot increase the degree

of noncompliance (e.g., the structure cannot encroach upon setbacks greater than it

originally did prior to its destruction).

Section 407 Temporary Uses and Structures

A temporary permit may be issued by the Zoning Administrator for the temporary structures or uses

listed below for a period of one (1) year, conditioned upon written agreement by the owner to

remove the structure or use upon expiration of the permit. If the permitted activities have not been

completed within this period, reapplication must be made for a new temporary zoning permit. The

combined maximum duration for such a use shall not exceed two (2) years from the date of the

original permit.

The following temporary uses are permitted:

1. Nonconforming uses incidental to a construction project, such as a tool shed, construction

office, etc. Such use shall meet all setback requirements for the district in which the use is

located unless there are physical conditions or circumstances, such as size of the lot or

extreme topography, which prevent compliance with district standards.

2. Temporary, single-family residential dwellings as follows:

a. Emergency Rebuilding A property owner whose primary dwelling has been destroyed by

fire, floods, winds or other such natural causes, may site and occupy a temporary

residential structure on his or her property for the time period identified above. Every

effort shall be made by the property owner to comply with all zoning setback

requirements; the Zoning Administrator may, however, permit the establishment of a

temporary residential dwelling in cases where such setbacks cannot be reasonably met by

the property owner.

b. Construction of a New Home The owner of a parcel of land who intends to construct a new

primary dwelling upon that parcel, may site and occupy a temporary residential structure

for the time period identified above, in a manner which complies with all setback

requirements for the district in which the parcel of land is located.

c. Occupancy of One Residential Structure Per Lot Only one residential structure may be

occupied at any given time on a lot. Once a destroyed dwelling has been reconstructed

and re-occupied, or a new dwelling has been occupied, the property owner shall vacate

and cease to utilize the temporary dwelling for residential purposes.

d. Removal of Structure Unless the temporary dwelling is converted into a complying

accessory structure (such as a garage, shed, etc.) and a zoning permit is secured for its

permanent use, the temporary dwelling shall be diligently removed by its owner from the

premises once the permanent dwelling has been occupied. In no case shall the temporary

dwelling be permitted to remain on the parcel of land identified in a and b above for a

period of time exceeding the terms of the temporary permit, or two years, whichever is

less. Noncompliance with this section constitutes a violation of this Regulation and is

subject to the enforcement remedies and penalties provided by this Regulation and State

law.

e. Required Water and Wastewater Disposal Facilities No temporary dwelling may be

occupied without adequate potable water supply and proper hook-up to an onsite septic

system which meets the requirements of the Vermont Wastewater System and Potable

Water Supply Rule.

Section 408 Landscaping Requirements

1. Purpose Under its Site Plan Review and Planned Unit Development authority, the appropriate

municipal panel is responsible for assessing the adequacy of landscaping involved with site

development. Properly planned and installed landscaping can reduce the potential for conflicts

between different, adjoining land uses; it can also help to reduce noise, glare and can provide

privacy and separation.

2. Applicability Landscaping, where required under these regulations, will be installed and

maintained in front, side and rear yards and shall take the form of shade trees, deciduous

shrubs, evergreens, well-kept grassed areas, natural wooded areas, or ground covers.

Plantings shall be of a type and size which serves to adequately buffer or screen uses, where

needed, to serve the purposes outlined immediately above. In addition, plant materials shall,

to the extent practicable, be of native plant species indigenous to the region in order to

reinforce the “spirit of natural surroundings.”

3. Standards Requirements for landscaping shall, at a minimum, include those listed below.

Additional landscaping may be required by the Appropriate Municipal Panel in order to fulfill

the purpose established in this section.

a. Where any non-residential land use abuts a residential land use, a strip of land, at least

twenty-five (25) feet in width shall be maintained as a landscaped area or natural wooded

area, in the front yard, side yards and rear yard, unless waived by the Appropriate

Municipal Panel.

b. Commercial and industrial uses shall provide for a strip of land at least twenty-five (25)

feet in width which shall be maintained as a landscaped area or a natural wooded area in

the front, side and rear yards, unless waived by the Appropriate Municipal Panel. Parking

facilities may not be located within this landscaped buffer area.

c. In any Planned Unit Development, as required by the ZBA pursuant to Section 508

Planned Unit Development (PUD) of this Regulation.

Section 409 Signs

Purpose It is the intent of this section of this Regulation to provide for the orderly signing of activities

in the Town and to ensure visual compatibility with the scale and character of the surrounding area.

Applicability No sign shall be erected, enlarged, redesigned, repainted, or altered in any way (except

for regular maintenance) without a sign permit issued by the Zoning Administrator, with the

exception of those noted in Section 409.1 below. Permits shall be issued only for signs in

conformance with this Regulation.

Applications shall be made on the sign permit application form, specifying legend, size, shape, colors,

location, material, height, supporting structures, lighting and such other information as may be

necessary to determine and provide for the enforcement of these regulations.

1. Signs Not Requiring a Permit The following signs do not require a sign permit when located on

the immediate property, or when located off-premises as otherwise specifically stated; no

sign shall be located such that they block sight lines at intersections or otherwise impede

traffic safety:

a. Signs erected, maintained or administered by the Town, including official traffic control

signs, or by the State of Vermont under Title 10 V.S.A., Chapter 21.

b. Unlighted residential directional signs bearing property numbers, post box numbers,

names of occupants of premises or announcing a home occupation, each of which does

not exceed 4 square feet in area and is located on the respective premises.

c. Temporary signs advertising real estate for sale on which the sign is located; required

zoning permit approvals; and election signs not exceeding six (6) square feet in area; and

temporary painting/construction signs, not exceeding sixteen (16) square feet in area,

advertising work being performed on the property on which the sign is located. All such

signs must be removed within two weeks after completion of the sale, election, or work.

d. Small signs without advertising displayed for the direction, instruction or convenience of

the public, including signs which identify restrooms, posted areas or the like, with a total

surface area not exceeding four (4) square feet, and provided such signs are on the

premises of the activity served by the sign.

e. Signs erected by fairs or expositions or signs announcing a garage sale, yard sale or

auction, or an event of a civic, political (ie elections) or philanthropic service, or religious

organization. These signs may be located on-premise or, with the permission of the

landowner, off premise. All such signs are to be removed within one week by the owner

following the event.

f. Flags and insignia of any government.

g. Fuel pump signs bearing the name, type, and price of fuel advertised for sale on the

premises.

h. Directional signs, with a total surface area not to exceed four (4) square feet providing

directions to places of business within the Town of Halifax offering for sale agricultural

products harvested or produced on the premises where the sale is taking place. These

signs may be located on-premise or, with the permission of the landowner, off-premise.

2. Signs Which Require a Permit The following list represents the number and size of signs

permitted for different land uses in Halifax. All signs identified below require a sign permit

from the Zoning Administrator. These signs must be located on-premise and meet the

minimum requirements outlined in Section 409.3 below.

a. One professional sign per dwelling, not to exceed four (4) square feet in total area.

b. Up to two signs identifying a non-residential use or business establishment not to exceed

12 square feet in total combined area. If there is more than one non-residential use or

business located on a lot, then one free-standing combined sign is allowed, in addition to

one wall sign for each business or use.

c. Agricultural signs identifying agricultural uses or products including, but not limited to,

dairy or vegetable farms, tree farms, orchards, and maple syrup operations, not to exceed

sixteen (16) square feet in total area.

3. Sign Standards The following standards shall apply to all signs identified in Section 4409.2

above. These standards represent the minimum required under this Regulation.

a. Signs shall not be located within the limits of a public highway right-of-way.

b. Signs located in the Village District shall be set back a minimum of two (2) feet from the

edge of the public right-of-way and a minimum of ten (10) feet from all side and rear

property lines.

c. Signs locate in the Rural Residential and Conservation Districts shall be set back a

minimum of five (5) feet from the edge of a public right-of-way and a minimum of twenty-

five (25) feet from all side and rear property lines.

d. Illuminated signs shall have only steady, shielded light sources directed from the top

solely onto the sign (ie box lights) so that no direct light shines onto adjacent roadways or

properties.

e. Signs shall not be illuminated between the hours of 10 pm and 7 am. Businesses

operating during those hours may illuminate signs on their property related to their

business only during the hours they are operating between 10 pm and 7 am.

f. No sign which is attached to a building may be more than twenty-five (25) feet above the

ground nor extend above the eaves of that part and side of the building to which the sign

is attached.

4. Signs Not Permitted The following signs shall not be permitted in any district.

a. Signs located within the limits of a public highway right-of-way; however, this limitation

shall not apply to the signs referred to in Section 409.1.

b. Advertising billboards.

c. Roof signs.

d. Flashing, oscillating or revolving signs.

e. Freestanding signs in excess of ten (10) feet in height.

f. Signs, including their illumination, which impair public safety.

g. Portable signs (signs mounted on wheels, trailers or motor vehicles if those vehicles or

wheeled signs are regularly located for fixed display).

Section 410 Offstreet Parking Standards

Off-street parking spaces shall be provided as set forth below. These represent the minimum

standards required under this Regulation. The Appropriate Municipal Panel may allow fewer or

require more parking spaces or a different parking circulation and layout based on a review of the

site and proposed use under Site Plan Approval or PUD approval, as applicable. In general, a parking

space shall be at least nine (9) feet by eighteen (18) feet, and parking space shall not be within the

required landscaped area and must be behind the front, side, and rear yard setback line.

1. Residential

a. One-family, two-family and multiple family dwelling units: one parking space for every

unit.

b. Professional residence/office: one parking space, plus one additional parking space for

every three hundred square feet of office space.

c. Bed and Breakfast, Tourist Home: one space per rented bedroom or sleeping room, plus

one space for the owner of the property.

d. Home Industry: two parking spaces per dwelling unit, plus one additional parking space

for each nonresident employee.

2. Residential Care Home or Group Facility (with more than 8 residents): One space per

employee on the largest work shift, plus one space for every three (3) bedrooms or sleeping

rooms.

3. Agricultural Uses Agricultural uses shall provide adequate offstreet parking necessary to meet

the needs and ensure the safety of all residents, visitors and farm operators.

4. Public Assembly/Facility Uses One space per three patrons to the maximum capacity, plus one

space per employee on the largest work shift.

5. Health Care Facility Two spaces per three patient beds, plus one space per staff doctor and

one space per two (2) other employees on the largest work shift.

6. Recreational Uses One space per four expected patrons at capacity, plus one space per

employee on the largest work shift.

7. Commercial or Office Uses, Except Those Specified Below One space per two hundred fifty

square feet of service, storage or office floor area, plus one space per motor vehicle used in

the business and stored on site.

8. Hotel, Motel, Lodge or Inn One space per sleeping room, plus one space for every three

employees on the largest work shift, plus one space per three persons to the maximum

capacity of each public meeting and /or banquet room. In addition, accessory uses (e.g. bar,

restaurant) must follow their respective standards.

9. Bank One (1) space per two hundred fifty square feet of gross floor area, plus five (5) off-

street waiting spaces per drive-thru lane, plus one (1) space per employee on the largest

work shift.

10. Restaurant, Bar and Lounge One space per three patron seats or one space per one hundred

square feet of gross floor area, whichever is greater, plus one space per employee on the

largest work shift.

11. Industrial Uses One space per employee on the largest work shift, plus one space per

company vehicle stored on the premises.

Section 411 Land Development in Wetland Areas

No Zoning Permit shall be granted for the development of a wetland prior to the expiration of a

period of thirty (30) days following the submission of a report to the Agency of Natural Resources by

the Zoning Administrator. The report shall describe the proposed use, the location requested and an

evaluation of the effect of such proposed use on the Town Plan and on the Windham Regional Plan.

1. Vermont Wetlands Inventory Map Wetlands have been identified on the National Wetlands

Inventory Maps which are available for review at the Halifax Town Clerk’s Office. The

location of all proposed land development must be reviewed by the Zoning Administrator

relative to these maps, prior to the issuance of a Zoning Permit, in order to ensure full

compliance with mandatory State wetland protection rules.

2. The provisions of the written determination issued as a result of Agency of Natural

Resources review shall be conditions of the Zoning Permit.

Article 5 Special Regulations

The following uses have specific standards they must meet in order to be considered as a permitted

or a conditionally permitted use in a designated district. If there is a conflict between a standard in

this section and a standard in another section of this Regulation, the more restrictive standard shall

apply.

Section 500 Automotive Service Station

In all districts where permitted, automobile service stations, with or without repair garages, shall

comply with the following:

1. Pumps, lubricating and outdoor service devices shall be located at least fifty (50) feet from

the front, side and rear lot lines.

2. All stored fuel and oil, including underground tanks, shall meet state fire codes.

3. All automobile parts and dismantled vehicles shall be stored within an enclosed building.

4. Landscaping requirements as set forth in Section 407 of this Regulation shall be met.

5. There shall be no more than two access driveways from the street; access driveways shall be

clearly defined.

Section 501 Earth/Mineral Extraction

Where permitted by this Regulation, the extraction and processing of soil, sand, stone or gravel,

except when incidental to construction of a building on the same premises, shall be permitted only

after the Board of Adjustment finds, following Conditional Use Review, that the proposed activity

meets the standards below in addition to any other applicable standards contained in this Regulation.

The applicant for a Conditional Use Permit for earth/mineral extraction shall submit two copies of a

proposed Site Restoration Plan along with all other required documents. In all districts where

permitted, earth/mineral extraction operations shall comply with the following:

1. The operation shall conform to all General Performance Standards.

2. The operation will not cause an unreasonable burden on an existing water supply if one is to

be used, nor have an adverse impact on the quality or quantity of neighboring water supplies.

3. The operation will not cause unreasonable soil erosion; it will not result in a reduction in the

capacity of the land to hold water during and after the operation which creates a dangerous or

unhealthy situation for adjoining property owners or downstream areas due to stream bank

erosion, surface water runoff, or flooding.

4. It will not adversely impact any wetland area or stream bank, nor adversely affect the water

quality or quantity in the stream.

5. The operation will be conducted so as to minimize forest fragmentation and the impacts of

extraction on forest resources.

6. It will not cause unreasonable highway congestion, unsafe conditions or excessive use with

respect to highways and bridges existing or proposed in the area.

7. It will not have an undue adverse effect on the scenic or natural beauty of the area, other

aesthetic values, historic sites, or rare and irreplaceable natural resources or areas.

8. It will not result in an embankment with a slope steeper than one foot vertical to two feet

horizontal upon completion of an area of work.

9. It will provide, in the form of a Site Restoration Plan, for restoration of the area operation and

site restoration process.

10. A performance bond, letter of credit, or equivalent surety shall be secured from the applicant

sufficient to ensure that, upon completion of the extraction operations, the site will be left in a

safe, attractive and useful condition in the interest of public safety and general welfare, and in

conformance with the Site Restoration Plan.

11. It will not undermine any adjacent road.

12. Adequate vegetative buffers or other screening shall be maintained at all times between the

operation (including excavation, blasting, crushing and traffic access and circulation) and all

roads and adjacent properties. The purpose of these buffer areas is to protect adjacent

properties from excessive noise, dust, fumes and other adverse impacts.

13. Additional conditions may be imposed as deemed necessary. These conditions may include

limitations on hours of operation and the number of truck trips, as well as required covering

for loads leaving the site.

14. A sand or gravel pit on a farm, for farm’s own use and not for sale or trade, shall be termed

accessory to an agricultural use and shall not be subject to provision (15) of this Section if all

of the following requirements are met:

a. The excavation area is confined to one-half acre or less.

b. The sand or gravel pit is not a primary source of income or the owner thereof.

c. No power-activated sorting machinery or equipment is located on the premises.

15. Stripping of top soil for sale or for use on other premises, except as may be incidental to a

construction project or sand or gravel operation on the same premises, shall be prohibited.

Section 502 Home Occupations and Home Industry

1. Home Occupations As per section 4412 of the Act, no regulation may infringe on the right of

any resident to use a minor portion of a dwelling for an occupation that is customary in

residential areas and does not have an adverse effect on the character of the area. No zoning

permit is required for a home occupation, as defined below. There is no limit to the number of

home occupations allowed per dwelling unit, as long as the total of all home occupations meet

these requirements:

a. The home occupation shall be carried on by a member or members of the family residing

within the dwelling.

b. The home occupation shall be carried on within a minor portion of the dwelling.

c. Only those exterior displays of signs permitted in the district are allowed.

d. Exterior storage of material is not permitted.

e. No traffic shall be generated in substantially greater volume than would normally be

expected in the neighborhood.

f. Processed products or agricultural products not grown or processed on the premises may

not be sold directly to the public. This limitation on sales does not apply to mail order.

2. Home Industry A home industry which is customarily conducted entirely within a dwelling

or accessory structure, and carried on by the occupants thereof, and which is clearly

incidental and secondary to the use of the property for residential purposes and does not

change the character of the neighborhood is a permitted use in all districts. In addition,

a use which is customarily conducted outside of a dwelling or accessory structure, such as a

cord wood operation, shall also be permitted as a home industry, so long as it is clearly

incidental and secondary to the residential use of the property and does not change the

character of the neighborhood. A home industry requires a zoning permit with a detailed plot

plan to be reviewed by the Zoning Administrator. If the Zoning Administrator deems it

advisable or necessary, the application will be forwarded to the Zoning Board of Adjustment

for conditional use review and approval as detailed in Section 203(3). A home industry shall

comply with the following:

a. The home industry shall be carried on by members of the family who reside within the

dwelling; two employees who are not family members living within the dwelling are

permitted.

b. The home industry shall be carried on within a minor portion (less than 50%) of the

dwelling or within an accessory building such as a garage or barn.

c. No traffic shall be generated in substantially greater volumes than would normally be

expected in the neighborhood.

d. A home industry shall conform to all General Performance Standards in Section 405,

General Performance Standards.

e. Off street parking shall be provided as required in Section 410, Offstreet Parking

Standards.

f. Processed products or agricultural products not grown or processed on the premises may

not be sold directly to the general public. This limitation does not apply to a mail order

home industry.

g. A permit for a home industry shall be personal to the occupant at that location only and

shall not attach to the land.

Section 503 Light Industry

A light industry is hereby defined as a non-polluting operation that fabricates, processes, assembles,

stores or otherwise produces small, light, high-value goods. Finished or semifinished goods may be

stored outdoors temporarily. A light industry may not occupy more than 6,000 square feet of area,

including interior floor area and exterior storage. In all districts where permitted, light industry uses

shall comply with the following:

1. It will emit no air, water or noise pollution as specified in Section 405 General Performance

Standards of this Regulation.

2. Vehicular delivery and shipment activity to and from light industry uses shall not cause

unreasonable highway congestion or unsafe conditions for vehicular or pedestrian traffic on

any public or private road. The total number of deliveries or shipments per day shall be

limited to a level which ensures such safety and is appropriate to the existing conditions of

and level of traffic on the road(s) on which the proposed light industrial use is located. At

least one adequate off street loading area shall be provided.

3. The total number of employees permitted on the largest shift shall be limited to a level which

ensures the safe movement of vehicular and pedestrian traffic on public and private roads and

which is appropriate to the existing traffic conditions of the road(s) on which the proposed

light industrial use is located.

4. The landscaping requirements of Section 408, Landscaping Requirements shall be met.

Section 504 Child Care Homes or Facility and Residential Care and Group Homes

The following uses are permitted uses of a single-family residence under Section 4412 of the Act.

These uses require a zoning permit.

1. Child Care Home A state registered or licensed family child care home serving six (6) or fewer

children full-time and four (4) or fewer children part-time as defined in Title 33 subdivision

4902 (3)(a) of the Vermont Statutes, conducted within a single family dwelling shall be

considered by right a permitted single family residential use of the property. A child care

home serving more than six (6) full time and four (4) part-time children is a conditional use

requiring a site plan approval and review by the ZBA.

2. Residential and Group Homes A state licensed or registered residential care home or group

home, serving not more than 8 persons who are developmentally disabled or physically

handicapped, shall be considered by right to constitute a permitted single family residential

use of property, except that no such home shall be considered if it is located within 1,000 feet

of another. A zoning permit shall not be issued until the applicant submits proof that the

facility is properly registered by the appropriate state agency. Such homes serving more than

8 persons are a conditional use requiring site plan approval and review by the ZBA.

Section 505 Ponds, Impoundments and Dams

The construction of a pond greater than ¼ acre in surface area, or the damming of a stream,

constitutes development and therefore requires a Zoning permit. However, any size pond or

impoundment must meet the following General Requirements:

1. The pound or impoundment shall meet the requirements of Section 304(5), “Setbacks from a

Watercourse or Waterbody,” and in addition must have a setback of a minimum of 50 feet

from adjacent lot lines.

2. Any pond that will impound, or be capable of impounding, more than 500,000 cubic feet of

water must receive a permit from the Vermont Department of Environmental Conservation in

accordance with 10 V.S.A. Chapter 43.

3. If the project necessitates any work in a stream, a stream alternation permit or other

approval is required from the Vermont Department of Environmental Conservation in

accordance with 10 V.S.A. Chapter 41 and/or the Vermont Department of Fish and Wildlife in

accordance with 10 V.S.A. Chapter 111.

4. If the project has an effect on wetlands; rare, threatened, or endangered species; or the

passage of fish; permits from other state or federal authorities may be required.

No Zoning Permit shall be issued by the Zoning Administrator until the applicant submits the

following information:

1. Depending upon the size and nature of the impoundment, approvals may be required from

various departments and authorities within the Agency of Natural Resources.

2. Certification from the applicant that the pond or impoundment will not have undue adverse

impacts on upstream or downstream properties.

Section 506 Storage of Flammable Liquids

Storage of flammable liquids including, but not limited to, petroleum and toxic, corrosive or other

chemical substances, and flammable or combustible liquids or gasses (other than bulk storage for

commercial distribution) is permitted in any district, but will require a zoning permit if the storage

capacity is over one thousand (1000) gallons in order to ensure that setback requirements are met.

No Zoning Permit shall be issued by the Zoning Administrator for the installation of an above ground

or an underground storage tank until the applicant submits proof that all applicable state permits and

approvals have been secured. Permits may include, but may not be limited to, those required by:

1. The Vermont Department of Environmental Conservation, Underground Storage Tank

Program.

2. The Department of Labor and Industry.

Section 507 Bulk Storage of Fuel

Bulk storage of fuel in above-ground containers for subsequent resale to distributors, retail dealers

or outlets is permitted in the Rural Residential District only after the Zoning Board of Adjustment

finds, following Conditional Use Review, that the proposed activity meets the standards below in

addition to any other applicable standards contained in this Regulation. Bulk fuel storage does not

include the storage of cord wood.

1. A commercial fuel storage facility shall be located on an adequate Class 2 or Class 3 road

meeting the town’s adopted Road and Bridge Standards (VTrans A76, B71).

2. The design and operation of the commercial distribution facility shall comply with all

requirements established by the 2012 Vermont Fire and Building Safety Code , and

subsequent amendments thereto, administered by the Vermont Department of Labor and

Industry.

3. A permanent vegetated buffer at least seventy-five (75) feet in width shall be maintained

along all side and rear property boundaries. Neither the facility nor its accessory uses,

including parking and access areas, shall be located within this buffer area.

4. A suitably curbed landscaped area shall be maintained at least twenty-five (25) feet in depth

along all road frontage not used as a driveway.

5. The facility shall be designed and operated in a manner which does not cause unreasonable

congestion or unsafe conditions with respect to the use of state and local highways. Safety

issues to be addressed shall include, but shall not be limited to: the design of points of

access, adequacy of sight distances and approach grades in each direction from the site along

highways, legal speed limits, proximity of the site to other public uses within the area

(churches, schools, libraries, etc.), number of shipments and deliveries to and from the site,

adequacy of circulation and turning, etc.

Section 508 Planned Unit Development (PUD)

In accordance with Section 4417 of the Act, and within specified districts, zoning regulations may be

modified by the Planning Commission to allow Planned Unit Developments (PUD). Planned Unit

Developments are defined as any combination of housing or housing and commercial development

that is either a permitted or conditional use in the district where the project is located. Planned Unit

Developments are provided in order to encourage the preservation of open space; preserve the

natural and scenic aspects of an area, protect land for agricultural, forestry and natural resource use,

allow more efficient use of public facilities; promote an improved level of amenities, creative design,

and a more attractive environment; and provide greater opportunities for varied, attractive and

affordable housing.

1. General Application and Review Procedures

a. The initial notification of a PUD is submitted to the Zoning Administrator who notifies the

Planning Commission. A notification and subsequent application may be filed in the names

of the recorded owner or owners of property included in the development or a person or

persons presenting evidence of an equitable or substantial contractual interest in the

property, such as a lease or a binding agreement to purchase upon approval of

development plans.

2. Preapplication Conference

a. One or more preapplication conferences shall be held with the applicant, Planning

Commission and interested municipal officials to exchange information and reach an

understanding of the nature and scope of the proposal, municipal requirements, and

quantitative data necessary for a preliminary application.

b. The applicant shall submit to the Planning Commission sketch plans and basic site

information including proposed land uses, adjacent land uses, proposed density, and the

treatment of open space.

c. The Planning Commission shall furnish the applicant with written comments and

appropriate recommendations with respect to the pre-application conference.

d. The Planning Commission shall provide the applicant with information about the Use Value

Appraisal (Current Use) program.

3. Preliminary Development Plan Application & Review Applications shall be submitted to the

Planning Commission in the form prescribed by the commission. In addition to the application

fee, the Planning Commission may charge for costs associated with the hiring of an engineer,

attorney, planner, or other professionals, to advise the Planning Commission in technical or

legal matters associated with a development proposal. The PUD application shall include:

a. A narrative statement by the applicant describing the character of the development and

the reasons for the particular approach proposed.

b. A development schedule indicating the approximate date when construction or phased

development can be expected to begin and be completed.

c. Quantitative data indicating the total number and type of dwelling units and nonresidential

uses, parcel size, proposed lot coverage of buildings and structures, approximate

residential and non-residential densities, and amount of usable open space.

d. Maps of existing site conditions, including contours at five (5) foot intervals, water

courses, flood plains, agricultural lands, wetlands, unique natural features, and forest

cover.

e. Proposed lot lines.

f. The location, ground coverage, floor area size and maximum heights of all existing and

proposed buildings and structures, types of dwelling units, and density per type.

g. The location and size of all land areas to be conveyed, dedicated or reserved as common

open space, parks, recreational areas.

h. The existing and proposed pedestrian and vehicular circulation systems, including offstreet

parking areas, service areas, loading areas, and points of access to public rights-of-way.

i. Existing and proposed utility systems.

j. General landscaping and grading plans.

k. The proposed treatment of the perimeter of the PUD, including materials and techniques

used for buffers.

l. Any additional information required by the Planning Commission, as specified in the pre-

application conference, to enable it to evaluate the character and impact of the proposed

PUD.

4. Final Development Plan Application and Review Following approval of the preliminary

development plan, the applicant shall submit a completed application for final approval to the

Planning Commission at least fifteen days prior to a regular meeting. The application shall

include all fees and specific information on all changes in, or modifications of, the approved

preliminary application.

5. Approval

a. The official submission date of the application shall be the next regular meeting of the

Planning Commission provided the application is deemed complete by the Planning

Commission at that meeting. Incomplete applications will be returned to the applicant.

b. Within 30 days of the official submission date of a complete final development plan

application, the Planning Commission shall hold the first of one or more public hearings

after public notice.

c. Within 45 days after the final public hearing the Planning Commission shall approve,

modify and approve, or disapprove the PUD and shall specify any conditions to which the

approval is subject, or reasons for disapproval. The applicant shall be notified by certified

mail.

d. Within 90 days of the Planning Commission’s approval, the PUD plan, shall be filed or

recorded by the developer in the office of the Town Clerk.

6. Specific Standards and Criteria

a. Coverage Total ground area covered by buildings, structures and other impervious

surfaces shall not exceed 40% of the total ground area within a PUD. An impervious

surface is made of any material that reduces or prevents absorption of storm water into

previously undeveloped land. Impervious surfaces include graveled or paved streets,

roads, parking areas or driveways, as well as buildings and other man-made structures.

b. Density Total allowable dwelling units or non-residential uses shall equal the number

which could be permitted, in the Planning Commission’s judgment, if the land were

subdivided into lots in conformance with these zoning regulations for the district in which

such land is situated. Land areas within public and private road rights-of-way and utility

easements shall not be included in the calculation of density.

c. Reductions in Density The Planning Commission may make reductions in the density

allowed if, in their judgment, steepness of slope, shallow depth to bedrock, wet areas or

other physical features limit the site’s ability to support development. In exercising such

judgment, the Planning Commission will be guided by the soils maps and analyses

contained within the USDA Soil Survey of Windham County, Vermont. Land with a slope of

25% or more shall not be included in the calculation of density.

d. Useable Open Space Useable open space, defined as land and area devoted to plantings

(natural and landscaped), patios, walkways and recreational areas, and any land so

determined by the Planning Commission is required and shall not be less than 40% of the

total ground area of the property in a PUD. Useable open space shall be accessible and

available for the individual and collective use and benefit of the occupants of the

development and shall be of a nature described in Section 422d. In calculating useable

open space, the Planning Commission may determine that all or part of stream areas,

bodies of water, wetlands, drainage easements, or slopes in excess of 25% may be

included by considering: the extent of these areas in relation to the total area of the PUD

and the degree to which these areas contribute to the quality, livability and amenity of the

PUD.

e. Common Space All common open space development rights must be conveyed either to

the Town (with the Town’s approval) or a funded trust, to the covenants or deeds of the

individual property owners, or to a homeowners association. The terms of the conveyance

must include provisions which guarantee: 1)the continued use of the land for the intended

purposes, 2) the continuance of proper maintenance of the open space, and 3) the

availability of funds for proper open space maintenance.

f. Privacy and Access Dwelling units shall be assured reasonable visual and aural privacy and

shall have access to a public street, walkway or other area dedicated to common use.

g. Parking Parking shall be provided as required under Section 410 Offstreet Parking

Standards of this Regulation. Screening of parking and service areas is required by use of

landscaping, walls or fences. Traffic circulation and flow shall be designed to minimize

both large-scale parking areas and through-traffic to other parking areas. Lighting in

parking areas shall not reflect further than in the area itself.

h. Phased Development. The PUD shall be proposed in phases over a reasonable period of

time in order that adequate municipal facilities and services can be provided. Each phase

of the proposed development must contain the required parking spaces, landscaping,

roads, and utility areas necessary for creating and sustaining a desirable and stable

environment. The Planning Commission shall require the developer to secure a

performance bond, letter of credit, or equivalent surety, for each phase, in an amount

sufficient to secure the full completion of improvements. Improvements and amenities

must be installed and completed for each phase prior to the issuance of a Zoning Permit

for the commencement of construction of a subsequent phase, unless otherwise waived by

the Planning Commission in writing.

i. Setbacks The zoning district requirements for lot size, yard setback and frontage are

waived for the PUD. However, structures located on the perimeter of the development

must be set back at least to the requirement of the underlying district and must be

screened in a manner approved by the Planning Commission.

j. Protection of Agricultural Land Where a PUD involves agricultural land, the development

should make provisions for the use of such land for agricultural purposes and/or for

maintaining its open, scenic quality. Examples of such provisions include minimizing the

land that is developed by impervious surfaces, placing the land in common/usable open

space to facilitate leaseback for farming, and annual mowing of meadowland.

k. Protection of Important Natural Resources All buildings, roads, parking areas, drainage

systems and utilities shall be laid out to minimize, to the fullest extent possible, their

impact on the scenic qualities of riverine areas, and on important natural resources

including forests, wetlands, water bodies, and critical wildlife habitat and corridors.

Section 509 Cluster Housing

Cluster housing is allowed as an innovative land saving technique that protects agriculture, forest,

and mineral resource lands from development. Any cluster housing development will be approved at

no higher density than that which could be permitted if the land consisted of separate lots

conforming with regulations in the district, giving due consideration to conditions limiting

development such as shallow soil, wetness and steep slope. No subsequent development of the

remaining land in such a development will be allowed. A specific conditional use permit is required.

The application standards and specific use standards detailed in Section 508 apply.

Section 510 Campgrounds

No person or persons shall construct or operate a campground for tents, travel trailers or

recreational vehicles without first obtaining a zoning permit from the Zoning Administrator following

Conditional Use review and approval from the ZBA.

1. Specific Standards

a. The minimum parcel size necessary to receive approval for a campground is five acres.

b. An individual access driveway and parking area, suitably surfaced, shall be provided for

each campsite.

c. Each site shall be at least 2,500 square feet in area. Each travel trailer and recreational

vehicle site shall have a compacted gravel surface at least twenty-five (25) feet in width.

d. Each site shall be located in a clean, dry and well-drained area.

e. There shall be an undeveloped area of not less than 100 feet in depth between all

camping sites and the traveled portion of any adjacent highway and other boundaries of

the campground. These areas shall be landscaped with existing or planted trees or other

plant material.

f. Potable water and wastewater disposal systems are required and must be designed and

installed in accordance with applicable municipal and state regulations, including the

Vermont Environmental Protection Rules as most recently amended for campgrounds.

g. All roads within the campground shall be of sufficient grade and alignment so as to permit

safe traffic flow at all times. The design of roads shall be adequate to provide for the

utilization of police, fire, ambulance, and other emergency vehicles. Proper traffic control

signs shall be established.

h. All campgrounds shall keep at least 25% of the total ground area for recreation or open

space purposes.

2. Exceptions The following provisions apply to single travel trailers, recreational vehicles, and

other mobile camping vehicles and are not subject to the above requirements for

campgrounds; they must, however, meet the special requirements outlined below.

a. The owner of a travel trailer, recreational vehicle, or other mobile camping vehicle may

park it on his own property in the rear or side yards and no closer than six feet to any lot

line. A travel trailer or recreational vehicle so parked shall not be used as living quarters

and shall not be hooked up to any utilities. No zoning permit is required for this use.

b. A property owner may park his own or another person’s travel trailers, recreational

vehicles, or other mobile camping vehicles on his property up to a maximum of three (3),

and these may be used as temporary, seasonal living quarters by nonpaying occupants or

guests. Any travel trailer, recreational vehicle or other mobile camping vehicle so occupied

shall: 1) meet all district setback requirements with respect to adjacent property

boundaries, 2) adequately and safely control all wastes; and 3) secure a zoning permit if it

remains on the lot for more than 30 days in a given year.

c. Travel trailers, recreational vehicles, and other mobile camping vehicles shall not be used

for permanent housing.

Article 6 Wireless Telecommunications Facilities

Section 600 Title

This bylaw shall be known as the Wireless Telecommunications Facilities Bylaw of the Town of

Halifax. Telecommunications facilities shall include all telecommunications service providers and

associated equipment and buildings.

Section 601 Purposes

The purpose of this bylaw is to protect the public health, safety and general welfare to the Town of

Halifax while accommodating the communication needs of residents and businesses. This bylaw

shall:

1. Preserve the character and appearance of the Town of Halifax while allowing adequate

wireless telecommunications services to be developed.

2. Protect the scenic, historic, environmental, and natural resources of the Town of Halifax.

3. Provide standards and requirements for the operation, siting, design, appearance,

construction, monitoring, modification, and removal of wireless telecommunications facilities

and towers.

4. Minimize tower and antenna proliferation by requiring the sharing of existing communications

facilities, towers and sites where possible and feasible.

5. Facilitate the provision of telecommunications services to the residences and businesses of

the Town of Halifax.

6. Minimize the adverse visual effects of towers and other facilities through careful design and

siting standards.

7. Encourage, through performance standards and incentives, the location of towers and

antennas in non-residential areas and away from other sensitive areas including, but not

limited to schools.

Section 602 Authority

Pursuant to 24 V.S.A. § 4401 et seq. the Planning Commission/Zoning Board of Adjustment of the

Town of Halifax is authorized to review, approve, conditionally approve, and deny applications for

wireless telecommunications facilities, including sketch, preliminary and final plans, and installation,

unless the applicant chooses to proceed before the Public Service Board pursuant to 30 V.S.A. §

248a. Pursuant to 24 V.S.A. 4407, the Board is authorized to hire qualified persons to conduct an

independent technical review of applications and to require the applicant to pay for reasonable costs

thereof. Pursuant to 24 V.S.A. 4440(d) the legislative body may establish procedures and standards

for requiring an applicant to pay for reasonable costs of an independent technical review of the

application.

Section 603 Consistency with Federal Law

In addition to other findings required by this bylaw, the Board shall find that its decision regarding an

application is intended to be consistent with federal law, particularly the Telecommunications Act of

1996. The bylaw does not: 1) prohibit or have the effect of prohibiting the provision of personal

wireless services; 2) unreasonably discriminate among providers of functionally equivalent services;

or 3) regulate personal wireless services on the basis of the environmental effects of radio frequency

emissions to the extent that the regulated services and facilities comply with the Federal

Communications Commission (FCC) regulations concerning such emissions.

Section 604 Permitted Locations

Wireless telecommunications towers or facilities may be permitted as conditional uses upon

compliance with the provisions of this bylaw in the following districts: Village, Rural Residential and

Conservation Districts.

Section 605 Prohibited Locations

Freestanding telecommunication towers or antennas over 20 feet in elevation may not be located in

any of the following locations:

1. Within 300 feet of a State or Federally designated wetland.

2. Closer than the tower height plus zoning setbacks measured to the boundaries of the property

on which the tower is located.

3. Closer than 500 feet horizontally to any structure existing at the time of the application which

is used as either a primary or secondary residence, to the property of any school, or to any

other building.

4. Within 300 feet horizontally of any river or perennial stream.

5. Within 300 feet horizontally of any known archeological site.

6. Within 300 feet horizontally of a designated scenic road or highway.

Section 606 Small Scale Facilities

1. The placement of wireless telecommunications antennas, repeaters or microcells on existing

buildings, structures, roofs, utility poles, or walls and not extending more than 10 feet from

the same, or the installations of ground facilities less than 20 feet in height may be approved

by the Zoning Administrator, provided the antennas meet the applicable requirements of this

bylaw, upon submission of:

a. A final site and building plan.

b. A report prepared by a qualified engineer indicating the structure’s suitability for the

telecommunications facility and that the method of affixing the antenna or other device to

the structure complies with standard engineering practices. Complete details of all fixtures

and couplings and the exact point(s) of attachment shall be indicated.

c. For a facility to be installed on an existing structure, a copy of the applicant’s executed

contract with the owner of the existing structure. However, no such device may be located

closer than 50 feet to an existing residence.

Section 607 Application Requirements for Wireless Telecommunications Facilities

Applications for a wireless telecommunications facility is made to the Zoning Administrator. An

applicant for a permit not covered in Section 606 must be a personal wireless service provider or FCC

licensee, or must provide a copy of its executed contract to provide land or facilities to such an entity

when an application is submitted. A permit shall not be granted for a tower or facility to be built on

speculation.

1. No construction, alteration, modification (including the installation of antennas for new uses)

or installation of any wireless telecommunications tower or facility shall commence without a

conditional use permit first being obtained from the Zoning Board of Adjustment.

2. In addition to information otherwise required in the town of Halifax’s Zoning Bylaws,

applications for wireless telecommunications towers or facilities shall include the following

supplemental information:

a. The name, email address, and address of the applicant, the record landowners and any

agents of the landowners or applicants as well as an applicant’s registered agent and

registered office. If the applicant is not a natural person, the name and address of the

business and the state in which it is incorporated and has its principal office shall be

provided.

b. The name, email address, address, and telephone number of the person or persons to be

contacted and who are authorized to act in the event of an emergency regarding the

structure or safety of the facility.

c. The names and addresses of the record owners of all abutting property.

d. A report from a qualified Vermont professional engineer that:

i. Describes the facility height, design and elevation. (Licensed structural engineer)

ii. Documents the height above grade for all proposed mounting positions for antennas

to be collocated on a telecommunications tower or facility and the minimum

separation distances between antennas. (Radio Frequency Engineer)

iii. Describes the tower’s proposed capacity, including the number, height and type(s) of

antennas that the applicant expects the tower to accommodate. (Structural

Engineer)

iv. In the case of new tower proposals, demonstrates that existing telecommunications

sites and other existing structures within 5 miles of the proposed site cannot

reasonably provide adequate capacity to the Town of Halifax. The documentation

shall include, for each facility site or proposed site within such radius, the exact

location, ground elevation, height of tower or structure, and sufficient additional data

to allow the independent reviewer to verify that other locations will not be suitable.

v. Demonstrates that the applicant has analyzed the feasibility of using “repeaters” or

microcells in conjunction with all facility sites to provide coverage to the intended

service area.

vi. Describes potential changes to those existing facilities or sites in their current state

that would enable them to provide adequate coverage.

vii. Describes output frequency, number of channels, sector orientation and power

output per channel, as appropriate for each proposed antenna.

viii. Includes a written explanation for use of the proposed facilities, including reasons for

seeking capacity in excess of immediate needs if applicable, as well as plans for

additional development and coverage within the Town.

ix. Demonstrates the tower’s compliance with the municipality’s setbacks for towers and

support structures.

x. Provides assurance that at the proposed site the applicant will establish and maintain

compliance with all FCC rules and regulations, particularly with respect to radio-

frequency exposure. The Planning Commission/Zoning Board of Adjustment may hire

independent engineers to perform evaluations of compliance with the FCC

regulations, standards and requirements on an annual basis at unannounced times.

xi. Includes other information required by the Board that is necessary to evaluate the

request. Includes a licensed Vermont structural engineer’s stamp and registration

number, where appropriate.

xii. A letter of intent committing the facility owner and his or her successors to permit

shared use of the facility if the additional user agrees to meet reasonable terms and

conditions for shared use, including provisions of this bylaw.

xiii. Documents availability of back-up power sufficient for disaster resiliency.

xiv. Documents results of balloon test and viewshed analysis.

e. For a facility to be installed on an existing structure, a copy of the applicant’s executed

contract with the owner of the existing structure (to be provided to the Zoning

Administrator at the time an application is submitted).

f. To the extent required by the National Environmental Policy Act (NEPA) and as

administered by the FCC, a complete Environmental Assessment (EA) draft or final report

describing the probable impacts of the proposed facility.

g. A copy of the application or draft application for an Act 250 permit, if applicable. The

permit shall be signed under the pains and penalties of perjury.

3. Site Plan Requirements for Wireless Telecommunication Facilities

In addition to site plan requirements found elsewhere in the Town of Halifax’s Zoning Bylaws,

site plans for wireless telecommunications facilities shall include the following supplemental

information:

a. Location Map: a copy of a portion of the most recent USGS Quadrangle map showing the

area within at least a two-mile radius of the proposed facility site.

b. Vicinity Map showing the entire vicinity within a 2500-foot radius of the facility site,

including the facility or tower, topography, public and private roads and driveways,

buildings and structures, water bodies, wetlands, landscape features, historic sites and

habitats for endangered species. It shall indicate the property lines of the proposed facility

site parcel and all easements or rights-of-way needed for access from a public way to the

facility.

c. Proposed site plans of the entire development indicating all improvements including

landscaping, utility lines, guy wires, screening and roads.

d. Elevations showing all facades and indicating all exterior materials and color of towers,

buildings and associated facilities.

e. Computer generated photo simulations of the proposed facility showing the facility from all

public rights-of-way and any adjacent property from which it may be visible. Each photo

must be labeled with the line of sight, elevation and with the date taken imprinted on the

photograph. The photos must show the color of the facility and method of screening.

f. In the case of a proposed site that is forested, the approximate average height of the

existing vegetation within 200 feet of the tower base.

g. Construction sequence and time schedule for completion of each phase of the entire

project.

Section 608 Colocation Requirements

Collocation is defined as locating wireless communications equipment from more than one provider

on a single site. An application for a new wireless telecommunications facility shall not be approved

unless the Planning Commission/Zoning Board of Adjustment finds that the facilities planned for the

proposed tower cannot be accommodated on an existing or approved tower or structure due to one

of the following reasons:

1. The proposed antennas and equipment would exceed the structural or spatial capacity of the

existing or approved tower or facility, as documented by a qualified engineer licensed to

practice in the State of Vermont. Additionally, the existing or approved tower cannot be

reinforced, modified or replaced to accommodate planned or equivalent equipment, at a

reasonable cost, to provide coverage and capacity comparable to that of the proposed facility.

2. The proposed antennas and equipment would cause interference materially impacting the

usefulness of other existing or permitted equipment at the existing or approved tower or

facility as documented by a qualified engineer licensed to practice in the State of Vermont and

such interference cannot be prevented at a reasonable cost.

3. The proposed antennas and equipment, either alone or together with existing facilities,

equipment or antennas, would create excessive radio-frequency exposure.

4. Existing structure is too far from the area of needed coverage to function reasonably as

documented by a qualified engineer.

5. Aesthetic reasons make it unreasonable to locate the planned telecommunications equipment

upon an existing or approved tower or building.

6. There is no existing or approved tower in the area in which coverage is sought.

7. Other unforeseen specific reasons make it unreasonable to locate the planned

telecommunications equipment upon an existing or approved tower or building.

8. Towers must be designed structurally and in all other respects to accommodate both the

applicant’s antennas and antennas for the Town of Halifax’s public safety agencies, and to

allow for future placement of additional antennas upon the tower when overall permitted

height allows.

Section 609 Access Roads and Above Ground Facilities

Where the construction of a new wireless telecommunications tower and facilities requires

construction of, or improvement to, access roads, such roads shall follow the contour of the land and

be constructed or improved within forest or forest fringe areas, not in open fields, to the extent

practicable. Utility or service lines shall be designed and located so as to minimize or prevent

disruption to the scenic character or beauty of the area. The Town may require access to be

restricted to wireless facility personnel.

Section 610 Tower and Antenna Design Requirements

Proposed facilities shall not unreasonably interfere with the view from any public park, natural scenic

vista, historic building or district, or major view corridor. Height and mass of facilities shall not

exceed that which is essential for its intended use and public safety.

1. Towers, antennas and any necessary support structures shall be designed to blend into the

surrounding environment through the use of color camouflaging and architectural treatment,

except in cases in which the Federal Aviation Authority (FAA), state or federal authorities

have dictated color. There shall be minimum disruption of existing vegetation. Materials used

for the exterior of any structure shall be of a type, color, and location so as to minimize glare

and the impact on any scenic or historic areas, public vantage points or abutting properties.

2. In order to protect public safety and to preserve the scenic character and appearance of the

area, the height limit for towers, antennas and tower-related fixtures shall be not more than

20 feet above the average height of the tree line measured within 100 feet of the highest

vertical element of the telecommunications facility. Notwithstanding the above, additional

height may be approved upon a finding by the Planning Commission/Zoning Board of

Adjustment that the additional height is necessary in order to provide adequate coverage in

the Town of Halifax or to accomplish collocation of facilities and that the additional height will

not cause an undue visual impact on the scenic character or appearance of the area.

3. Towers, antennas and any necessary support structures shall be designed to avoid having an

undue adverse impact on prominent ridgelines and hilltops. In determining whether a tower’s

aesthetic impact would be undue and adverse, the Board will consider:

a. The period of time during which the proposed tower would be viewed by the traveling

public on a public highway.

b. The frequency of the view experienced by the traveling public.

c. The degree to which the tower would be screened by existing vegetation, the topography

of the land, and existing structures.

d. Background features in the line of sight to the proposed tower that obscure the facility or

make it more conspicuous.

e. The distance of the proposed tower from the view point and the proportion of the facility

that is visible above the skyline.

f. The sensitivity or unique value of a particular view affected by the proposed tower.

g. Significant disruption of a viewshed that provides context to a historic or scenic resource.

The Board shall have the authority to impose conditions consistent with the purpose of

this section in approving a proposed facility. Furthermore, the Board may suggest an

alternative location for the tower to be evaluated by the applicant if it is determined that

the proposed location would result in undue adverse aesthetic impact. In consideration of

this, the applicant may revise its application to include such a site, assuming it is available

to the applicant and reasonably technically feasible to meet the applicant’s communication

objectives.

4. All buildings and structures accessory to a tower (except for electric power poles where

specifically exempted by the Board) shall meet the minimum setback requirements of the

underlying zoning district. If the minimum setbacks of the underlying zoning district are less

than the height of the tower, including antennas or other vertical appurtenances, the

minimum distance from the tower to any property line shall be no less than the height of the

tower, including antennas and other vertical appurtenances plus zoning setbacks.

5. Ground mounted equipment or antennas as well as buildings and structures accessory to a

tower shall be screened from view by suitable vegetation, except where a design of non-

vegetative screening better complements the architectural character of the surrounding

neighborhood. A planted or vegetative screen shall be a minimum of ten feet in depth with a

minimum height of six feet and shall have the potential to grow to a height of at least 15 feet

at maturity. Existing on-site vegetation outside the immediate site for the wireless facility

shall be preserved or improved. Disturbance to existing topography shall be minimized unless

the disturbance is demonstrated to result in less visual impact on the facility from surrounding

properties and other vantage points.

Section 611 Tower Lighting and Signage; Noise Generated by Facility

Unless required by the Federal Aviation Administration, (FAA) no lighting of towers is permitted. In

the case where a tower is determined to need obstruction marking or lighting, the applicant must

demonstrate that it has or will request the least visually obtrusive marking and/or lighting scheme in

FAA applications. Copies of required FAA applications shall be submitted by the applicant. Heights

may be reduced to eliminate the need for lighting or another location selected. No commercial signs

or lettering shall be placed on a tower. The Board may impose conditions to minimize the effect of

noise from the operation of machinery or equipment upon adjacent properties.

Section 612 Amendments to Existing Permit

An alteration or addition to a previously approved wireless telecommunications facility shall require a

permit amendment when any of the following are proposed:

1. Change in the number of buildings or facilities permitted on the site.

2. Addition or change of any equipment resulting in greater visibility or structural windloading,

or additional height of the tower, including profile of additional antennas, not specified in the

original application.

Section 613 Temporary Wireless Communication Facilities

Any wireless telecommunications facility designed for temporary use is subject to the following:

1. Use of a temporary facility is permitted only if the owner has received a temporary use permit

from the Town of Halifax.

2. Temporary telecommunications facilities are permitted for no longer than five days use during

a special event.

3. The maximum height of a temporary facility is 50 feet from grade.

4. Temporary facilities must comply with all applicable portions of these regulations.

Section 614 Continuing Obligations

Upon receiving a permit, the permittee shall annually demonstrate that he or she is in compliance

with all FCC standards and requirements regarding radio frequency exposure, and provide the basis

for his or her representations. [Submission of measurements assumes that they were necessary to

demonstrate compliance. Most compliance can be established by other means.]

Section 615 Facility Removal

Abandoned or unused towers or non-compliant towers or facilities governed under this bylaw shall be

removed as follows:

1. The owner of a facility/tower shall annually, on January 15, file a declaration with the Town of

Halifax’s Zoning Administrator certifying the continuing safe operation of every facility/tower

installed subject to these regulations. Failure to file a declaration shall mean that the

facility/tower is no longer in use and considered abandoned.

2. Abandoned or unused towers and associated facilities shall be removed within 180 days of

cessation of operations at the site unless a time extension is approved by the Planning

Commission/Zoning Board of Adjustment. In the event the tower or facility is not removed

within 180 days of the cessation of operations at a site, the municipality shall notify the owner

and may remove the tower or facilities. Costs of removal shall be assessed against the

property or tower owner.

3. Towers and facilities which are constructed in violation of permit conditions or application

representations shall be removed within 180 days of cessation of operations at the site unless

a time extension or negotiated solution is approved by the Planning Commission/Zoning

Board of Adjustment. In the event the tower or facility is not removed within 180 days of

notification of such violation, the municipality may remove the tower or facilities. Costs of

removal shall be assessed against the property or tower owner.

4. An owner who has failed to file an annual declaration with the Zoning Administrator by

January 15 may, by February 15, file a declaration of use or intended use and may request

the ability to continue use of the facility/tower.

5. The applicant shall, as a condition of the conditional use permit, provide the Town of Halifax

with a financial surety bond, from an AM Best “A” rated company, acceptable to the Planning

Commission/Zoning Board of Adjustment, to cover the cost of the removal of the facility and

remediation of the landscape should the above clauses be invoked.

Section 616 Maintenance of Telecommunications Facilities

The Applicant shall maintain all facilities. Such maintenance shall include, but not be limited to

painting, structural integrity and landscaping. In the event the applicant fails to maintain the facility,

the Town of Halifax may undertake such maintenance at the expense of the applicant or landowner.

Section 617 Insurance Requirements

The applicant shall submit to the Planning Commission/Zoning Board of Adjustment, proof of

appropriate liability insurance with respect to the proposed facilities prior to construction.

Section 618 Fees

A fee for filing an application to build or alter a wireless telecommunications facility shall be as

established by the Halifax Selectboard. Additional fees may include the reasonable costs of an

independent technical assessment of the application that may be incurred during the review and

permitting process.

Section 619 Enforcing Agent

The Zoning Administrator shall be the agent to enforce the provisions of this bylaw.

Section 620 Severability

If any portion of this bylaw is held unconstitutional or invalid by a court of competent jurisdiction, the

remainder of this bylaw shall not be affected.

Section 621 Glossary of Telecommunications Terms

Adequate Capacity Capacity for wireless telephony is considered to be “adequate” if the grade of

service (GOS) is p.05 or better for median teletraffic levels offered during the typical busy hour, as

assessed by direct measurement of the facility in question. The GOS shall be determined by the use

of standard Erlang B calculations. As call blocking may offer in either the land line or radio portions of

a wireless network, Adequate Capacity must be determined prior to the installation of the personal

wireless services facility in question, Adequate Capacity shall be determined on the basis of a 20%

busy hour (20% of all offered traffic occurring within the busiest hour of the day), with total daily

traffic based on aggregate estimates of the expected traffic in the coverage area.

Adequate Coverage Coverage for wireless telephony is “adequate” within that area surrounding a

base station (ie the primary sending and receiving site in a network) where the predicted or

measured median field strength of the transmitted signal is such that most of the time, transceivers

properly installed and operated will be able to communicate with the base station without

objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the

case of cellular communications in a rural environment, this would be a signal strength of at least -

90dBm. It is acceptable for there to be holes within the area of adequate coverage as long as the

signal regains its strength further away from the base station. The outer boundary of the area of

adequate coverage, however, is that location past which the signal does not regain.

Antenna A device for transmitting and/or receiving electromagnetic waves, which is attached to a

tower or other structure.

Antenna Height The vertical distance measured from the base of the antenna support structure at

grade to the highest point of the structure. If the support structure is on a sloped grade, then the

average between the highest and lowest grades shall be used in calculating the antenna height.

Applicant A person who applies for a telecommunications facility siting. An applicant may be the

telecommunications service provider with the owner’s written permission (or other legally designated

representative) or the owner of the property.

Cellular Service A telecommunications service that permits customers to use wireless, mobile

telephones to connect, via low-power radio transmission sites called cell sites, either to the public

switched network or to other mobile cellular phones. A cell site contains a cellular communication

antenna, its support structure, accessory building(s), and parking, and may include other uses

associated with an ancillary to cellular communications transmission.

Channel The segment of the radiation spectrum to or from an antenna, which carries a signal. An

antenna may radiate on many channels simultaneously.

Facility Site A property, or any part thereof, which is owned or leased by one or more

telecommunications facility(s) and where required landscaping is located.

Micro-cell A low power mobile radio service telecommunications facility used to provide increased

capacity in high call-demand areas or to improve coverage in areas of weak coverage.

Monitoring The measurement, by the use of instruments in the field, of radio frequency exposure

form telecommunications facilities, towers, antennas or repeaters.

Monopole A single self-supporting vertical pole with no guy wire anchors, usually consisting of a

galvanized or other unpainted metal, or a wooden pole with below grade foundations.

Personal Wireless Services Commercial mobile services, unlicensed wireless exchange access

services. These services include cellular services, personal communications services, specialized

mobile radio services, and paging services.

Repeater A small receiver/relay transmitter and antenna of relatively low power output designed to

provide service to areas which are not able to receive adequate coverage directly from a base or

primary station.

Scenic View A wide angle or panoramic field of sight that may include natural and/or manmade

structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels

along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or a

nearby object.

Self-Supporting Tower A communications tower that is constructed without guy wires.

Spectrum Relating to any transmissions or reception of electromagnetic waves.

Telecommunications Facility All equipment (including repeaters) and locations of equipment with

which a telecommunications provider transmits and receives the waves which carry their services.

This facility may be sited on one or more towers or structure(s) owned and permitted by the provider

or another owner or entity.

Telecommunications Provider An entity licensed by the FCC to provide telecommunications

services to individuals or institutions.

Temporary Wireless Communication Facility Any tower, pole, antenna, etc., designed for use

while a permanent wireless facility is under construction, or for a special event or conference.

Tower A vertical structure for antenna(s) that provide telecommunication services.

View Corridor A three-dimensional area extending out from a viewpoint. The width of the view

corridor depends on the focus of the view. The focus of the view may be a single object, such as a

mountain, which would result in a narrow corridor, or a group of objects, such as a downtown

skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may

include a 360-degree perspective. The view corridor extends from the viewpoint and is based on the

area where base zone heights must be limited in order to protect the view.

Whip Antenna A vertical antenna that normally transmits signals in 360 degrees. Whip antennas

are typically cylindrical in shape, narrow (less than 6 inches in diameter) and long (often measure 18

inches in height or more).

Article 7 Definitions

Except where specifically defined herein, all words used in this Regulation shall carry their customary

meanings. Words used in the present tense shall include the future; the singular includes the plural;

the word “lot” includes “plot”; the word “building” includes “structure”; 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 individual, partnership, association, cooperative,

corporation, company, organization or any governmental body. There are also definitions in Section

622 Glossary of Telecommunications Terms, pertaining to Article 6 Wireless Telecommunications

Facilities, and in Section 810 Definitions, pertaining to Article 8 Flood Hazard Area Regulations. In

the event of conflicts among definitions in administration of those Articles, the definitions in those

Articles take precedence over Article 7 Definitions.

Accessory Use or Structure A use or structure customarily incidental and subordinate to the

principle use or building and located on the same lot, and clearly related to the principle use or

structure.

Agricultural Use The use of land for raising livestock, agricultural, or forest product, including farm

structures and the storage of agricultural products raised on the property. Agricultural uses include,

but are not limited to, production of crops, vegetables and eggs; raising of cattle, sheep, fowl and

similar animals; dairying; orchards; and maple syrup products.

Alteration Structural changes, rearrangement, change of location, or addition to a building.

Automotive Service Station Land or structures used for the sale of petroleum products, motor

fuel, oil or other fuel for the propulsion of motor vehicles, which may include facilities for lubrication,

washing or servicing motor vehicles. A service station is not a sales or repair agency for any type of

motor vehicle.

Bed and Breakfast The renting out of not more than ten (10) rooms in a residential dwelling to

transient guests on a day-to-day basis, whereby breakfast is served to those guests. Bed and

breakfast facilities shall be operated under a license issued by the Department of Labor and Industry

or the Department of Health. Cooking facilities shall not be provided in individual guest rooms.

Boarding House (Rooming House): A dwelling in which lodging is provided by the owner or

operator to more than three (3) unrelated people for profit. Boarding houses are distinguished from

Motels/Hotels by the sharing of bathrooms, living rooms and/or kitchens.

Boundary Line Adjustment A boundary line adjustment is a method of adjusting boundaries of

adjacent lots without creating an additional lot and which does not cause any parcel of land involved

to become nonconforming. Boundary line adjustments shall be issued a Zoning Permit by the Zoning

Administrator provided the following conditions are met: (1) The proposed adjustment is a minor

realignment (does not involve more than one acre), (2) Will not impair access to any parcel, (3)

Does not change substantially the nature of any previously approved subdivision, (4) All resulting

lots satisfy all requirements of the districts in which they lie, (5) A diagram submitted to the Zoning

Administrator shows the existing and revised lot boundaries. Planning Commission approval is

required in all other circumstances (see Section 204 of this document). Upon completion of a

Boundary Line Adjustment, landowners shall promptly record new deeds for affected properties in

the land records.

Building A structure having a roof supported by columns or walls and intended for the shelter or

enclosure of persons, animals or chattel.

Building Height The vertical distance measured from the average elevation of the proposed finished

grade at the front of the building to the highest point of the roof for flat and mansard roofs, and of

the average height between eaves and ridge for other types of roofs.

Camp or Campground Land on which is located a cabin, travel trailer, recreational vehicle, shelter,

houseboat or other recreation accommodation for, recreational, seasonal or temporary living,

excluding mobile homes. Camp--A single structure as defined above that must meet all standards for

residential development in the district. Campground—Any development of more than one camp

structure on a single lot, parcel or water area. Includes tent camping facility.

Commercial Animals Animals housed and boarded for a fee, or rented out or sold for profit (e.g.,

riding and boarding stables). This definition excludes the raising and selling of small animals, such as

tropical fish, hamsters, etc., for hobby or home occupation purposes.

Conditional Use A use permitted in a particular zoning district only upon a finding by the Zoning

Board of Adjustment that such use in a specified location will comply with the conditions and

standards for the location or operation of such use as specified in this Regulation.

Coverage That portion of a lot that is covered by buildings, structures and man-made improvements

on the ground surface, such as paving, that prevent the absorption of storm water.

Development The division of a parcel of land into two or more parcels; the construction,

reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of any

structure; any mining, excavation, landfill or the construction of ponds or other impoundments, and

any change in use or extension of the use of land or structures. The following are not included in the

definition of development: a) the removal of interior walls of a structure; b) the installation or

replacement of windows or doors; and other alterations that would not enlarge a structure, encroach

on any setback or other dimensional requirements, or be likely to change the use of a structure; c)

constructing one building or structure per parcel 100 square feet in area or less; and d) landscaping

or excavation or filling incidental and accessory to a lawful use of the land. Activities a through d

above must comply with all setback and other provisions of these regulations. For definition in

Special Flood Hazard Area see Article 8, §810.

Dwelling Unit A building or portion thereof connected together containing cooking, sanitary and

sleeping facilities that constitute a separate, independent housekeeping establishment. It shall

include prefabricated modular units and mobile homes but shall not include a motel, hotel, boarding

house, tourist home, shelter or similar structure.

Earth and Mineral Extraction A use involving the removal of surface and subsurface materials,

including soil, sand, gravel, stone, rock or organic substances other than vegetation, from a parcel of

land. Customary extraction operations include sand and gravel pits, rock quarries, and accessory

operations such as the crushing, screening, and temporary storage of materials excavated on the

parcel.

Easement An acquired privilege or right of use in the land of another and used to create facilities

for access, space for emplacement of public utilities, and right-of-way, and other public or private

uses, both in favor of the municipality and/or in favor of its residents. It shall include, without

limitation, streets and roads, electronic and telephone utilities, vehicular and pedestrian traffic,

sidewalks, water, storm drainage, and sanitary sewer utilities, pipelines, street lighting, slopes,

ingress and egress, construction and conservation easement.

Family One or more persons occupying a single dwelling unit and living as a single household unit.

Farm Structure (1) Farm structure means a building, enclosure, or fence for housing livestock,

raising horticultural or agronomic plants, or carrying out other practices associated with accepted

agricultural or farming practices, including a silo, as “farming” is defined in 10 V.S.A. §6001(22), but

excludes a dwelling for human habitation. (2) A person shall notify a municipality of the intent to

build a farm structure and shall abide by setbacks approved by the Secretary of Agriculture, Food

and Markets. No municipal permit for a farm structure shall be required. (24 V.S.A. §4413(d)(1 & 2).

Forestry The developing, caring for or cultivating of forests, or the management and harvesting of

timber.

Frontage Distance along the established division line between a lot and a public right-of-way. The

provisions of Section 401 of this Regulation apply for development purposes.

Garage, Repair Any building, premises and/or land in which or upon which a business, service or

industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

Garden/Farm Supply or Nursery A retail business or commercial activity concerned with the sale

of tools, small equipment, plants and related goods used in gardening or farming. Related goods are

defined as only those used on the plant or in its soil to preserve the life and health of the plants sold

(e.g., fungicides, peat moss and mulches).

Health Care Facility A facility or institution, whether private or public, principally engaged in

providing services for health maintenance and for the diagnosis and treatment of human ailments,

that has equipment and facilities for extensive testing and provisions for extended periods of 24-hour

care by full-time certified medical staff.

Interested Person For the purpose of appeals regarding decisions of the Zoning Administrator, as

defined in 24 V.S.A. § 4465(b), an interested person means any one of the following:

(1) A person owning title to property, or a municipality or solid waste management district

empowered to condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw

imposes on the property unreasonable or inappropriate restrictions of present or potential use

under the particular circumstances of the case.

(2) The municipality that has a plan or a bylaw at issue in an appeal brought under this

chapter or any municipality that adjoins that municipality.

(3) A person owning or occupying property in the immediate neighborhood of a property that

is the subject of any decision or act taken under this chapter, who can demonstrate a physical

or environmental impact on the person's interest under the criteria reviewed, and who alleges

that the decision or act, if confirmed, will not be in accord with the policies, purposes, or

terms of the plan or bylaw of that municipality.

(4) Any ten persons who may be any combination of voters or real property owners within a

municipality listed in subdivision (2) of this subsection who, by signed petition to the

appropriate municipal panel of a municipality, the plan or a bylaw of which is at issue in any

appeal brought under this title, allege that any relief requested by a person under this title, if

granted, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that

municipality. This petition to the appropriate municipal panel must designate one person to

serve as the representative of the petitioners regarding all matters related to the appeal.

(5) Any department and administrative subdivision of this state owning property or any

interest in property within a municipality listed in subdivision (2) of this subsection, and the

agency of commerce and community development of this state.

Inn/Lodge A residential dwelling in design and previous use, now used for commercial purposes

wherein the patronage is of a transitory nature, the guests being entertained from day to day. Such

use must include food service for guests within the structure and may include a restaurant with or

without a lounge.

Kennel An establishment in which more than six dogs or domesticated animals more than one year

old are housed, groomed, bred, boarded, trained or sold for profit on a regular basis. No kennel,

runway, or exercise pen shall be located within 300 feet of any lot line.

Light Industry A non-polluting operation that fabricates, processes, assembles, stores or otherwise

produces small, light, high-value goods. Finished or semifinished goods may be stored outdoors

temporarily.

Lot A parcel of land, with or without structures, that conforms to all the requirements of the zoning

district in which it is situated. Such lot shall have frontage on an improved public street, or other

means of approved access. In no case shall the division or combination of land result in the creation

of a parcel which does not meet the requirements of this Regulation.

Mini-Storage A one-story structure containing separate storage spaces of varying sizes leased or

rented on an individual basis for the enclosed storage of such items including, but not limited to,

inactive business records, household goods, recreation vehicles, and antique cars, and excluding the

storage of hazardous, toxic, explosive or otherwise dangerous materials. Spaces shall not be used for

any retail, assembly, or manufacturing uses, or as a music rehearsal hall.

Motel/Hotel A building containing rooms which are rented as a series of sleeping units for

transients, each sleeping unit consisting of at least a bedroom and a bathroom, wherein the

patronage is of a transitory nature, the guests being entertained from day to day as opposed to

having an express contract at a certain rate for a certain length of time, such as a boarding house.

Nonconforming Use or Structure Use or a structure which does not currently conform to all

applicable zoning regulations, but did comply with all applicable laws, ordinances or regulations prior

to enactment of this regulation.

Nonconforming Lot A lot, the area, dimensions or location of which was lawful under prior zoning

regulations, but which fails to conform to the present requirements of the zoning district.

Office A room or group of rooms used for conducting the affairs of a single business, profession,

service, industry, charitable organization, studio or governmental agency.

Personal Service Includes a barbershop, hairdresser, beauty parlor, shoe repair store, laundry,

laundromat, dry cleaner, travel agency, upholsterer, caterer, funeral services or other business

providing similar services of a personal nature.

Plot Plan See Halifax zoning permit application form.

Public Utility Facility Structures used by regulated utilities in the generation, distribution or

collection of their products, including but not limited to electrical generating and transforming

substations; satellite dish or antenna receivers and senders; water pumping facilities; gas tanks; and

similar mechanisms. Poles, cables, pipes, mains and exchange boxes occupying no more than fifteen

(15) square feet are not included.

Recreation Indoor Includes an indoor bowling alley, theater, table tennis facility, pool hall, skating

rink, gymnasium, swimming pool or similar place of indoor recreation.

Recreation Outdoor Includes a trap, skeet, shooting range and/or archery range, golf course,

swimming pool, amusement park, outdoor concert area, tennis court, skiing facility, campground or

similar place of outdoor recreation. Limited Outdoor Recreation includes such facilities as trap, skeet,

shooting range and/or archery range, and cross-country skiing centers, hiking, picnicking,

campgrounds and other similar, low-intensity recreational uses.

Resource Industry An activity involved in the primary processing of agricultural or forestry

products, excluding earth and mineral extraction. Examples of resource industries are saw mills;

firewood processing; and production of pellets, shavings, and compost.

Restaurant (With or without Lounge): A structure for public eating in which the primary business

is the preparation and serving of food for consumption on the premises.

Retail Use A personal service shop, department store or shop or store for the retail sale of goods,

excluding any freestanding retail stand.

Right-of-way A right of passage over the land of another and may be in the form of an easement, a

license or an estate in fee. It shall include, without limitation, streets and roads, water conduits and

mains, sanitary sewer utilities, and right of ingress and egress. Rights-of-way shall be specifically

defined and shall be separate and distinct from the lots and parcels adjoining it and shall not be

included within the dimensions or areas of such lots or parcels.

Road Line The dividing line between a lot and a road, as determined by deed, record or survey.

Where the width of the road is not clearly established, the road line shall be considered 25 feet from

the center line of the traveled portion of the road.

Sign: Any structure, device or representation used to advertise or attract attention to any object,

person, institution, organization, business, product, service, event or location by any means.

Sign Area Includes the advertising surface and any framing, trim or molding, but not the supporting

structure. For a sign painted on or applied to a building, the area shall be considered to include all

lettering, wording and accompanying designs or symbols, together with any background of a

different color than the finish material of the building. When a sign has two or more faces, the area

of all faces shall be included in determining the area, except where two faces are placed back to back

and are at no point more than two feet from each other. In this case, the sign area shall be taken as

the area of either face, and if the faces are unequal, the larger shall determine the area.

Site Plan See Halifax zoning permit application form.

Structure Anything constructed or erected for occupancy or use, including but not limited to a

building, mobile home, trailer, satellite dish antennae, inground swimming pool, or sign. Structure

does not include retaining walls, fences, poles or lamp posts, but does include temporary hoop house

garages or carports.

Substantial Improvement Repair, reconstruction or improvement, the cost of which equals or

exceed fifty percent (50%) of the market value of the structure or item either (a) before the change

or repair is started, or (b) if damage has occurred and is being restored, before the damage

occurred. Substantial improvement covers substantial change.

Trailer A vehicle capable of being used as a seasonal sleeping or living quarters, not exceeding three

hundred (300) square feet in floor area, whether self-propelled or towed, or a camper body mounted

on a motor vehicle. Trailer shall also include any vehicle that may be towed or used for carrying

goods, equipment, machinery or recreation vehicles, or as a site office.

Water Body Any natural or artificial collection of water, including ponds, lakes, reservoirs, etc., but

excluding swimming pools.

Water Course Any natural or artificial stream, river, or waterway in which water flows continuously

in a definite direction or course, and has a definite channel, bed and banks.

Wildlife Refuge An area set aside for the conservation of plants, animals and general environment

within it. These are noncommercial areas usually without any structures on them. A single parking

area and walking trails are characteristic of a wildlife refuge.

Yard Space on a lot not occupied with a building or structure. Porches, whether enclosed or

unenclosed, shall be considered as part of the main building and shall not project into a required

yard.

Yard, Front A space extending across the full width of the lot between any buildings and the road or

front line, and measured perpendicular to the building at the closest point to the street or front line.

Yard, Rear A space extending across the full width of the lot between the principal building and the

rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Yard, Side A space extending from the front yard to the rear yard between the principal building

and the side lot line, and measured perpendicular to the building to the closest point to the side lot

line. Porches, whether enclosed or unenclosed, shall be considered as part of the main building and

shall not project into a required yard.

Article 8 Flood Hazard Area Regulations

Section 800 Statutory Authorization and Effect

In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4411, §4414 and §4424,

there is hereby established a bylaw for areas at risk of flood damage in the Town of Halifax,

Vermont. Except as additionally described below, all administrative procedures follow municipal

procedures under 24 V.S.A. Chapter 117.

Section 801 Statement of Purpose

It is the purpose of this bylaw to:

A. Implement the goals, policies, and recommendations in the current municipal plan;

B. Avoid and minimize the loss of life and property, the disruption of commerce, the impairment

of the tax base, and the extraordinary public expenditures and demands on public services

that result from flooding;

C. Ensure that the selection, design, creation, and use of development is reasonably safe and

accomplished in a manner that is consistent with public wellbeing, does not impair flood plain

services or the stream corridor;

D. Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 §753, the

municipal hazard mitigation plan; and make the Town of Halifax, its citizens, and businesses

eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation

funds as may be available.

Section 802 Other Provisions

A. Precedence of Bylaw

The provisions of these flood hazard bylaws shall not in any way impair or remove the necessity of

compliance with any other local, state, or federal laws or regulations. Where this flood hazard

regulation imposes a greater restriction the provisions here shall take precedence.

B. Validity and Severability

If any portion of this bylaw is held unconstitutional or invalid by a competent court, the remainder of

this bylaw shall not be affected.

C. Warning of Disclaimer of Liability

This bylaw does not imply that land outside of the areas covered by this bylaw will be free from flood

damages. This regulation shall not create liability on the part of the Town of Halifax, or any municipal

official or employee thereof, for any flood damages that result from reliance on this regulation, or

any administrative decision lawfully made hereunder.

Section 803 Lands to Which these Regulations Apply

A. Regulated Flood Hazard Areas

These regulations shall apply to the River Corridors and Special Flood Hazard Areas (hereafter called

“hazard areas”) in the Town of Halifax, Vermont as described below. These hazard areas overlay any

other existing zoning districts and the regulations herein are the minimum standards that must be

met before meeting the additional standards applicable in the underlying district. These hazard areas

include:

1. The River Corridors as published by the Vermont Agency of Natural Resources including the

Statewide River Corridors and refinements to that data based on field-based assessments

which are hereby adopted by reference. Where River Corridors are not mapped, the standards

in 806 C shall apply to the area measured as fifty (50) feet horizontally from the top of the

stream bank or slope.

2. These regulations shall apply to the Special Flood Hazard Area in and on the most current flood

insurance studies and maps published by the Department of Homeland Security, Federal

Emergency Management Agency, National Flood Insurance Program, as provided by the

Secretary of the Agency of Natural Resources pursuant to 10 VSA Chapter 32 §753, which are

hereby adopted by reference and declared to be part of these regulations. The location of the

boundary shall be determined by the Zoning Administrator (ZA). If the applicant disagrees

with the determination made by the ZA, a Letter of Map Amendment from FEMA shall

constitute proof.

B. Base Flood Elevations and Floodway Limits in Special Flood Hazard Areas

Where available, base flood elevations and floodway limits provided by the National Flood Insurance

Program and in the Flood Insurance Study and accompanying maps shall be used to administer and

enforce these regulations. In Special Flood Hazard Areas where base flood elevations and/or

floodway limits have not been provided by the National Flood Insurance Program in the Flood

Insurance Study and accompanying maps, it is the applicant’s responsibility to develop the necessary

data. Where available, the applicant shall use data provided by FEMA, or State, or Federal agencies.

Section 804 Summary Table: Development Review in Hazard Areas

The hazard areas are not appropriate sites for new structures nor for development that increases the

elevation of the base flood.

Section 805 Development Review in Hazard Areas

A. Permit

A permit is required from the Zoning Administrator for all development in all areas defined in §803 of

this bylaw. Development that requires conditional use approval, non-conforming use approval, or a

variance from the Zoning Board of Adjustment (ZBA) under these flood hazard regulations, must

have such approvals prior to the issuance of a permit by the ZA. Any development subject to

municipal jurisdiction in the designated hazard areas shall meet the criteria in §805 and §806 of this

bylaw. Any permit issued will require that all other necessary permits from State or Federal Agencies

have been received before work may begin.

B. Permitted Development

For the purposes of review under these regulations, the following development activities in the

Special Flood Hazard Area where outside of the Floodway, and meeting the Development Standards

in Section 806, require only an administrative permit from the ZA:

1. Non-substantial improvements;

2. Accessory structures;

3. Development related to on-site septic or water supply systems;

4. Building utilities;

5. At-grade parking for existing buildings; and,

6. Recreational vehicles.

C. Prohibited Development in Special Flood Hazard Area

1. New residential or non-residential structures (including the placement of manufactured

homes);

2. Storage or junk yards;

3. New fill except as necessary to elevate structures above the base flood elevation;

4. Accessory structures in the floodway;

5. Critical facilities are prohibited in all areas affected by mapped flood hazards; and,

6. All development not exempted, permitted, or conditionally permitted.

D. Conditional Use Review

Conditional use review and approval by the ZBA, is required prior to the issuance of a permit by the

ZA for the following proposed development:

1. Substantial improvement, elevation, relocation, or flood proofing of existing structures;

2. New or replacement storage tanks for existing structures;

3. Improvements to existing structures in the floodway;

4. Grading, excavation; or the creation of a pond;

5. Improvements to existing roads;

6. Bridges, culverts, channel management activities, or public projects which are functionally

dependent on stream access or stream crossing;

7. Public utilities;

E. Exempted Activities

The following are exempt from regulation under this bylaw:

1. The removal of a building or other structure in whole or in part;

2. Maintenance of existing roads and storm water drainage;

3. Silvicultural (forestry) activities conducted in accordance with the Vermont Department of

Forests and Parks Acceptable Management Practices; and,

4. Agricultural activities conducted in accordance with the Vermont Department of Agriculture’s

Accepted Agricultural Practices (AAP). Prior to the construction of farm structures the farmer

must notify the ZA in writing of the proposed activity. The notice must contain a sketch of the

proposed structure including setbacks.

F. Variances

Variances may be granted in writing by the ZBA only in accordance with all the criteria in 24 V.S.A.

Chapter 117 § 4469 and § 4424 (E), and 44 CFR §60.6, after a public hearing noticed as described in

§807 of this bylaw.

Any variance issued in the Special Flood Hazard Area will not increase flood heights, and will inform

the applicant in writing over the signature of a community official that the issuance of a variance to

construct a structure below the base flood elevation increases risk to life and property and will result

in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such

notification shall be maintained with a record of all variance actions.

G. Nonconforming Structures and Uses

The ZBA may, after public notice and hearing, approve the repair, relocation, replacement, or

enlargement of a nonconforming structure within a flood hazard area provided that:

1. The proposed development is in compliance with all the Development Standards in §806 of

this bylaw;

2. A nonconforming structure that is substantially damaged or destroyed may be reconstructed

only in circumstances when the structure cannot be relocated to a less hazardous location on

the parcel. The lowest floor of the reconstructed structure must be rebuilt to one foot or more

above the base flood elevation, and the structure must otherwise comply with all

requirements of the National Flood Insurance Program;

3. Nonconforming structures or uses shall be considered abandoned where such structures or

uses are discontinued for more than 12 months; and

4. An individual manufactured home lot in an existing manufactured home park that is vacated

shall not be considered a discontinuance or abandonment of nonconformity. Replacement

manufactured homes must be placed so as to meet the development standards in this bylaw.

Section 806 Development Standards

The criteria below are the minimum standards for development in the flood hazard areas. Where

more than one zone or area is involved, the most restrictive standard shall take precedence.

A. Special Flood Hazard Area

1. All development shall be:

a. Reasonably safe from flooding;

b. Designed, operated, maintained, modified, and adequately anchored to prevent flotation,

collapse, release, or lateral movement of the structure;

c. Constructed with materials resistant to flood damage;

d. Constructed by methods and practices that minimize flood damage;

e. 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;

f. Adequately drained to reduce exposure to flood hazards;

g. Located so as to minimize conflict with changes in channel location over time and the need

to intervene with such changes; and,

h. Required to locate any fuel storage tanks (as needed to serve an existing building in the

Special Flood Hazard Zone) a minimum of one foot above the base flood elevation and be

securely anchored to prevent flotation; or storage tanks may be placed underground, if

securely anchored as certified by a qualified professional.

2. In Zones AE, AH, and A1 – A30 where base flood elevations and/or floodway limits have not

been determined, development shall not be permitted unless it is demonstrated that the

cumulative effect of the proposed development, when combined with all other existing and

anticipated encroachment, will not increase the base flood elevation more than 1.00 foot at

any point within the community. The demonstration must be supported by technical data that

conforms to standard hydraulic engineering principles and certified by a registered

professional engineer.

3. Structures to be substantially improved in Zones A, A1-30, AE, and AH shall be located such

that the lowest floor is at least one foot above base flood elevation, this must be documented,

in as-built condition, with a FEMA Elevation Certificate

4.Non-residential structures to be substantially improved shall:

a. Meet the standards in §806 A 3; or,

b. Have the lowest floor, including basement, together with attendant utility and sanitary

facilities be designed so that two feet above the base flood elevation the structure is

watertight with walls substantially impermeable to the passage of water and with

structural components having the capability of resisting hydrostatic and hydrodynamic

loads and effects of buoyancy; A permit for flood proofing shall not be issued until a

registered professional engineer or architect has reviewed the structural design,

specifications and plans, and has certified that the design and proposed methods of

construction are in accordance with accepted standards of practice for meeting the

provisions of this subsection.

5. Fully enclosed areas below grade on all sides (including below grade crawlspaces and

basements) are prohibited.

6. Fully enclosed areas that are above grade, below the lowest floor, below BFE and subject to

flooding, shall

a. Be solely used for parking of vehicles, storage, or building access, and such a condition

shall clearly be stated on any permits; and,

b. Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing

for the entry and exit of floodwaters. Such designs must be certified by a registered

professional engineer or architect, or meet or exceed the following minimum criteria: A

minimum of two openings on two walls 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.

7. Recreational vehicles must be fully licensed and ready for highway use;

8. A small accessory structure of 500 square feet or less that represents a minimal investment

need not be elevated to the base flood elevation in this area, provided the structure is placed

on the building site so as to offer the minimum resistance to the flow of floodwaters and shall

meet the criteria in §806 A 6 (above).

9. Water supply systems shall be designed to minimize or eliminate infiltration of flood waters

into the systems.

10. 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.

11. On-site waste disposal systems shall be located to avoid impairment to them or contamination

from them during flooding.

12. The flood carrying and sediment transport capacity within the altered or relocated portion of

any watercourse shall be maintained, and any alteration or relocation shall not result in any

decrease of stream stability;

13. Bridges and culverts, which by their nature must be placed in or over the stream, must have

a stream alteration permit from the Agency of Natural Resources where applicable.

14. Subdivisions and Planned Unit Developments must be accessible by dry land access outside

the special flood hazard area.

15. Existing buildings, including manufactured homes, to be substantially improved in Zone AO

shall have the lowest floor, including basement, elevated above the highest adjacent grade, at

least as high as the depth number specified on the community’s FIRM, or at least two feet if

no depth number is specified.

B. Floodway Areas

1. Encroachments or development above grade and less than one foot above the base flood

elevation, are prohibited unless hydrologic and hydraulic analyses are performed in

accordance with standard engineering practice, by a registered professional engineer,

certifying that the proposed development will:

a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base

flood;

b) Not increase any risk to surrounding properties, facilities, or structures from erosion or

flooding.

2. Public utilities may be placed underground, and the analyses may be waived, where a

registered professional engineer certifies that there will be no change in grade and the utilities

will be adequately protected from scour.

C. River Corridors

1. Improvements to existing structures, and any associated fill as needed to comply with

elevation requirements in the Special Flood Hazard Area shall not decrease the distance

between the existing primary building and the top of bank;

2. Accessory structures may be located within 50 feet of the existing primary building provided

that the location does not decrease the distance between the existing primary structure and

the top of bank.

3. Development shall not increase the susceptibility of that or other properties to fluvial erosion

damage;

4. Development shall not increase the potential of materials being swept onto other lands or into

the stream and causing damage to other properties from fluvial erosion;

5. Development shall not cause an undue burden on public services and facilities including

roads, bridges, culverts, and emergency service providers during and after fluvial erosion

events.

6. Bridge and culvert projects must have a Stream Alteration Permit; and

7. Channel management activities must be authorized by the Agency of Natural Resources.

Section 807 Administration

A. Application Submission Requirements

1. Applications for development shall include:

a. Where applicable, a site plan that depicts the proposed development, all water bodies,

Special Flood Hazard Areas, floodways, any existing and proposed drainage, any proposed

fill, and pre and post development grades, and the elevation of the proposed lowest floor,

as referenced to the same vertical datum as the elevation on the current Flood Insurance

Rate Maps;

b. A Vermont Agency of Natural Resources Project Review Sheet for the proposal. The

Project Review Sheet shall identify all State and Federal agencies from which permit

approval is required for the proposal, and shall be filed as a required attachment to the

municipal permit application. The identified permits, or letters indicating that such permits

are not required, shall be submitted to the ZA and attached to the permit before work can

begin;

B. Referrals

1. Upon receipt of a complete application for a substantial improvement or new construction the

ZA shall submit a copy of the application and supporting information to the State National

Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in

accordance with 24 V.S.A. Chapter 117 § 4424. A permit may be issued only following receipt

of comments from the Agency, or the expiration of 30 days from the date the application was

mailed to the Agency, whichever is sooner.

2. If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of

the application shall also be submitted to the adjacent communities, the Stream Alteration

Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers.

Copies of such notice shall be provided to the State National Flood Insurance Program (NFIP)

Coordinator at the Vermont Agency of Natural Resources, Department of Environmental

Conservation. A permit may be issued only following receipt of comments from the Vermont

Agency of Natural Resources, or the expiration of 30 days from the date the application was

mailed to the Vermont Agency of Natural Resources, whichever is sooner. The Board should

consider comments from the NFIP Coordinator at ANR.

C. Records

The Zoning Administrator shall properly file and maintain a record of:

1. All permits issued in areas covered by this bylaw;

2. Elevation Certificates with the as-built elevation (consistent with the datum of the elevation

on the current Flood Insurance Rate Maps for the community) of the lowest floor, including

basement, of all new or substantially improved buildings (not including accessory buildings) in

the Special Flood Hazard Area

3. All flood proofing and other certifications required under this regulation; and, 4. All decisions

of the Board (including variances and violations) and all supporting findings of fact,

conclusions and conditions.

Section 808 Certificate of Occupancy

In accordance with 24 V.S.A. Chapter 117 § 4449, it shall be unlawful to use or occupy, or permit

the use or occupancy of any land or structure, or part thereof, created, erected, changed, converted,

or wholly or partly altered or enlarged in its use or structure within Special Flood Hazard Area until a

certificate of occupancy is issued therefore by the Zoning Administrator, stating that the proposed

use of the structure or land conforms to the requirements of these bylaws. A certificate of occupancy

is not required for structures that were built in compliance with the bylaws at the time of

construction and have not been improved since the adoption of this bylaw. Within 14 days of the

receipt of the application for a certificate of occupancy, the ZA shall inspect the premises to ensure

that all permits identified on the Project Review Sheet have been acquired and that all work has been

completed in conformance with the zoning permit and associated approvals. If the ZA fails to grant

or deny the certificate of occupancy within 14 days of the submission of the application, the

certificate shall be deemed issued on the 15th day. If a Certificate of Occupancy can not be issued,

notice will be sent to the owner and copied to the lender.

Section 809 Enforcement and Penalties

A. This bylaw shall be enforced under the municipal zoning bylaw in accordance with 24 V.S.A.

Chapter 59 §1974a, and Chapter 117 §4451, and §4452. A copy of the notice of violation will be

mailed to the State NFIP Coordinator.

B. If any appeals have been resolved, but the violation remains, the ZA shall submit a declaration to

the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to

the property pursuant to §1316 of the National Flood Insurance Act of 1968, as amended.

C. Violations of the Accepted Agricultural Practices shall be enforced under this Section as violations

of this bylaw. Such violations shall also be immediately reported to the Secretary of Agriculture for

enforcement under 6 V.S.A. Chapter 215 §4812.

Section 810 Definitions

“Accessory Structure” means a structure which is: 1) detached from and clearly incidental and

subordinate to the principal use of or structure on a lot, 2) located on the same lot as the principal

structure or use, and 3) clearly and customarily related to the principal structure or use. For

residential uses these include, but may not be limited to garages, garden and tool sheds, and

playhouses.

“Area of Special Flood Hazard” is synonymous in meaning with the phrase “special flood hazard

area” for the purposes of these regulations.

“Base Flood” means the flood having a one percent chance of being equaled or exceeded in any

given year (commonly referred to as the “100-year flood”).

“Base Flood Elevation” (BFE) is the elevation of the water surface elevation resulting from a flood

that has a 1 percent chance of equaling or exceeding that level in any given year. On the Flood

Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical

Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood

Insurance Study report, or the average depth of the base flood, usually in feet, above the ground

surface.

“BFE” see Base Flood Elevation

“Buffer” means an undisturbed area consisting of trees, shrubs, ground cover plants, duff layer, and

generally uneven ground surface that extends a specified distance horizontally across the surface of

the land from the mean water level of an adjacent lake or from the top of the bank of an adjacent

river or stream.

“Channel” means an area that contains continuously or periodic flowing water that is confined by

banks and a streambed.

“Channel width” (or bankfull width) is the width of a stream channel when flowing at a bankfull

discharge. The bankfull discharge is the flow of water that first overtops the natural banks. This flow

occurs, on average, about once every 1 to 2 years.

“Common plan of development” is where a structure will be refurbished over a period of time.

Such work might be planned unit by unit.

“Critical facilities” - include police stations, fire and rescue facilities, hospitals, shelters, schools,

nursing homes, water supply and waste treatment facilities, and other structures the community

identifies as essential to the health and welfare of the population and that are especially important

following a disaster. For example, the type and location of a business may raise its status to a

Critical Facility, such as a grocery or gas station.

“Development” means any human-made change to improved or unimproved real estate, including

but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation

or drilling operations, or storage of equipment or materials.

“Fill” means any placed material that changes the natural grade, increases the elevation, or

diminishes the flood storage capacity at the site.

“FIRM” see Flood Insurance Rate Map

“Flood” means (a) a general and temporary condition of partial or complete inundation of normally

dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or

runoff of surface waters from any source; and mudslides which are proximately caused by flooding

and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when

earth is carried by a current of water and deposited along the path of the current. (b) The collapse or

subsidence of land along the shore of a lake or other body of water as a result of erosion or

undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly

caused by an unusually high water level in a natural body of water, accompanied by a severe storm,

or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some

similarly unusual and unforeseeable event which results in flooding.

“Flood Insurance Rate Map” (FIRM) means an official map of a community, on which the Federal

Insurance Administrator has delineated both the special flood hazard areas and the risk premium

zones applicable to the community. In some communities the hazard boundaries are available in

paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map

(DFIRM).

“Flood Insurance Study” means an examination, evaluation and determination of flood hazards

and, if appropriate, the corresponding water surface elevations or an examination, evaluation and

determination of mudslide (i.e., mudflow) and /or flood related erosion hazards.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water

from any source (see definition of “flood”).

“Flood proofing” means any combination of structural and non-structural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real

property, water and sanitary facilities, structures and their contents.

“Floodway” means 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 at any point. Please note that Special Flood Hazard Areas and

floodways may be shown on separate map panels.

“Floodway, Regulatory in Town of Halifax” means 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 at any point.

“Fluvial Erosion” is erosion caused by streams and rivers. Fluvial erosion can be catastrophic when

a flood event causes a rapid adjustment of the stream channel size and/or location.

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is

located or carried out in close proximity to water.

“Historic structure” means any structure that is: (a) listed individually in the National Register of

Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined

by the Secretary of the Interior as meeting the requirements for individual listing on the National

the historical significance of a registered historic district or a district preliminarily determined by the

Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of

historic places in states with historic preservation programs which have been approved by the

Secretary of the Interior; or (d) individually listed on a local inventory of historic places in

communities with historic preservation programs that have been certified either: (i) by an approved

state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the

Interior in states without approved programs.

“Letter of Map Amendment (LOMA)” is a letter issued by the Federal Emergency Management

Agency officially removing a structure or lot from the flood hazard zone based on information

provided by a certified engineer or surveyor. This is used where structures or lots are located above

the base flood elevation and have been inadvertently included in the mapped special flood hazard

area.

“Lowest floor” means the lowest floor of the lowest enclosed area, including basement, except 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 44 CFR §60.3.

“Manufactured home (or Mobile home)” means 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 attached to the required utilities. The term “manufactured home” does not include a

“recreational vehicle”.

“New construction” for regulation under this bylaw, means structures for which the start of

construction commenced on or after the effective date of the floodplain management regulation

adopted by the community and includes any subsequent improvements to such structures.

“Non-residential” includes, but is not limited to: small business concerns, churches, schools,

nursing homes, farm buildings (including grain bins and silos), pool houses, clubhouses, recreational

buildings, government buildings, mercantile structures, agricultural and industrial structures, and

warehouses.

“Recreational vehicle” means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet

or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or

permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent

dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“River Corridor” means the land area adjacent to a river that is required to accommodate the

dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the

natural maintenance or natural restoration of a dynamic equilibrium condition, as that term is

defined in 10 V.S.A. §1422, and for minimization of fluvial erosion hazards, as delineated by the

Agency in accordance with the ANR River Corridor Protection Guide.

“Special Flood Hazard Area” is the floodplain within a community subject to a 1 percent or greater

chance of flooding in any given year. For purposes of these regulations, the term “area of special

flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is

usually labeled Zone A, AO, AH, AE, or A1-30 in the most current flood insurance studies and on the

maps published by the Federal Emergency Management Agency. Maps of this area are available for

viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov. Base

flood elevations have not been determined in Zone A where the flood risk has been mapped by

approximate methods. Base flood elevations are shown at selected intervals on maps of Special

Flood Hazard Areas that are determined by detailed methods. Please note, where floodways have

been determined they may be shown on separate map panels from the Flood Insurance Rate Maps.

“Start of construction” for purposes of floodplain management, determines the effective map or

bylaw that regulated development in the Special Flood Hazard Area. The “start of construction”

includes substantial improvement, and means the date the building permit was issued provided the

actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other

improvement was within 180 days of the permit date. The actual start means either the first

placement of permanent construction of a structure on a site, such as the pouring of slab or footings,

the installation of piles, the construction of columns, or any work beyond the stage of excavation; or

the placement of a manufactured home on a foundation. Permanent construction does not include

land preparation, such as clearing, grading and filling; nor does it include the installation of streets

and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the

erection of temporary forms; nor does it include the installation on the property of accessory

buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For a substantial improvement, the actual start of construction means the first alteration of any wall,

ceiling, floor, or other structural part of a building, regardless whether that alteration affects the

external dimensions of the building.

“Structure” means, for regulatory purposes under this bylaw, a walled and roofed building, as well

as a manufactured home, and any related built systems, including gas or liquid storage tanks.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before-damaged conditions would equal or exceed 50 percent of the

market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other

improvement of a structure after the date of adoption of this bylaw, the cost of which, over three

years, or over a the period of a common plan of development, cumulatively equals or exceeds 50

percent of the market value of the structure before the “start of construction” of the improvement.

This term includes structures which have incurred “substantial damage”, regardless of the actual

repair work performed. The term does not, however, include either: (a) Any project for improvement

of a structure to correct existing violations of state or local health, sanitary, or safety code

specification which have been identified by the local code enforcement official and which are the

minimum necessary to assure safe living conditions or (b) Any alteration of a “historic structure”,

provided that the alteration will not preclude the structure’s continued designation as a “historic

structure”.

“Top of Bank” means that vertical point along a stream bank where an abrupt change in slope is

evident. For streams in wider valleys it is the point where the stream is generally able to overflow

the banks and enter the floodplain. For steep and narrow valleys, it will generally be the same as the

top of slope.

“Violation” means the failure of a structure or other development to be fully compliant with this

bylaw. A structure or other development without the elevation certificate, other certifications, or

other evidence of compliance required in 44 CFR §60.3 is presumed to be in violation until such time

as that documentation is provided.