Adopted by the Selectboard June 11, 2008

Prepared by:

With assistance from a Fiscal Year 2006 Municipal Planning Grant from the

Vermont Agency of Commerce and Community Development

Mendon Planning Commission: Mendon Zoning Rewrite Committee:

Ernie Smalley Ernie Smalley

Neil Langer Neil Langer

Bill Godair Bill Godair

Steve Ellerin Jack Kennelly

Phil Douglas Therese Corsones

Frank Domenicucci

Therese Corsones, Chair

2

Section 101 - Enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 102 - Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 103 - Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 104 - Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 105 - Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 106 - Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 107 - Warning of Disclaimer of Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 108 - Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 109 - Precedence of Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Section 110 - Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

ARTICLE II: ESTABLISHMENT OF ZONING DISTRICTS AND MAP . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Section 201 - Establishment of Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Section 202 - Zoning Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Section 203 - Interpretation of Zoning District Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

ARTICLE III: ZONING DISTRICT REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Section 301 - Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Section 302 - Permitted and Conditional Use Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Section 303 - Village District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Section 304 - Commercial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Section 305 - Residential District I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Section 306 - Residential District II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Section 307 - Residential District III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Section 308 - Robinwood Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Section 309 - Rural District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Section 310 - Wheelerville District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Section 311 - East District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Section 312 - Conservation I District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Section 313 - Conservation II District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Section 314 - City Forest District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Section 315 - Ski Area Development District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Section 316 - Flood Hazard Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Section 317 - Ridgeline Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

ARTICLE IV: GENERAL REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Section 401 - Existing Small Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Section 402 - Performance Standards for all Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Section 403 - Required Frontage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Section 404 - Lots in Two Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Section 405 - Reduction of Lot Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Section 406 - Yards on Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Section 407 - Obstruction of Vision - Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

3

Section 408 - Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Section 409 - Private Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Section 410 - Excavation for a Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Section 411 - Destruction or Demolition of a Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Section 412 - Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Section 413 - Hiking Trail Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Section 414 - Parking and Loading Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Section 415 - Riparian Buffer Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Section 416 - Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Section 417 - Nonconforming Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Section 418 - Development on a Nonconforming Lot or Parcel . . . . . . . . . . . . . . . . . . . . . . . . . 29

Section 419 - Alteration of a Nonconforming Lot or Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Section 420 - Nonconforming Structures in Flood Hazard District . . . . . . . . . . . . . . . . . . . . . . . 30

ARTICLE V: SITE PLAN AND CONDITIONAL USE REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Section 501 - Site Plan Review Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Section 502 - Site Plan Review Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Section 503 - Site Plan Review General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Section 504 - Conditional Use Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Section 505 - Conditional Use Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Section 506 - Conditional Use Review General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

ARTICLE VI: USE-SPECIFIC REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Section 601 - Accessory Structures and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Section 602 - Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Section 603 - Accessory Dwelling Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Section 604 - Residential Care and Group Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Section 605 - Family Child Care Homes and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Section 606 - Temporary Uses and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Section 607 - Travel or Camping Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Section 608 - Temporary Living Quarters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Section 609 - Antennas and Similar Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Section 610 - Windmills (household scale) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Section 611 - Sand and Gravel Pits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Section 612 - Light Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Section 613 - Mobile Home Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Section 614 - Construction and Management of Ponds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Section 615 - Multi-Family Residential Uses (where listed as Conditional) . . . . . . . . . . . . . . . . 37

Section 616 - Structures in Sensitive Development Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Section 617 - Permitted Commercial District Uses in Residential District II . . . . . . . . . . . . . . . 38

ARTICLE VII: SIGN REGULATIONS – OUTDOOR ADVERTISING . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Section 701 - Purpose and Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Section 702 - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Section 703 - Restrictions and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Section 704 - Removal of Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Section 705 - Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

ARTICLE VIII: PLANNED UNIT DEVELOPMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Section 801 - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Section 802 - Districts and Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

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Section 803 - Standards and Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Section 804 - Dimensional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Section 805 - Density Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Section 806 - Application, Review, and Enforcement Procedure . . . . . . . . . . . . . . . . . . . . . . . . 45

Section 807 - Final Development Plan Application and Review . . . . . . . . . . . . . . . . . . . . . . . . . 46

Section 808 - Phased Projects and Substantial Changes to a Project . . . . . . . . . . . . . . . . . . . 46

ARTICLE IX: MUNICIPAL APPOINTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Section 901 - Administrative Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Section 902 - Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Section 903 - Zoning Board of Adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

ARTICLE X: ZONING PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Section 1001 - Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Section 1002 - Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Section 1003 - Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Section 1004 - Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Section 1005 - Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Section 1006 - Certificates of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

ARTICLE XI: APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Section 1101 - Administrative Officer Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Section 1102 - Interested Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Section 1103 - Notice of Appeal to Zoning Board of Adjustment . . . . . . . . . . . . . . . . . . . . . . . . 53

Section 1104 - Appeals to Environmental Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

ARTICLE XII: VARIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Section 1201 - Variance Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Section 1202 - Variances - Renewable Energy Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Section 1203 - Variances within the Flood Hazard Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

ARTICLE XIII: VIOLATIONS AND ENFORCEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Section 1301 - Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Section 1302 - Notice of Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Section 1303 - Limitations on Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

ARTICLE XIV: PUBLIC HEARINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Section 1401 - Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Section 1402 - Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Section 1403 - Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

ARTICLE XV: RECORDING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Section 1501 - Recording Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

ARTICLE XVI: DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

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The regulations contained in the following text and map shall be known as the "Town of Mendon Zoning

Regulations" adopted under the authority of and in accordance with 10 VSA Chapter 32 and the 24 VSA

Chapter 117, hereafter referred to as "the Act".

It is the intent of these zoning regulations to provide for orderly community growth in harmony with the goals

established in the Mendon Town Plan.

These regulations may be amended according to the requirements and procedures established in Sections

4441 and 4442 of the Act.

In their interpretation and application, the provisions of these regulations shall be held to be the minimum

requirements adopted for the promotion of the public health, safety, comfort, convenience and general

welfare. Except for Section 4413(c) of the Act, and where these regulations specifically provide to the

contrary, it is not intended by these regulations to repeal, annul or in any way impair any permits previously

issued. Where these regulations impose a greater restriction upon the use of a structure or land than are

required by any other statute, the provisions of these regulations shall apply.

These regulations shall take effect when duly adopted in accordance with the procedures contained in Section

4442 of the Act.

If any provision of these Mendon Zoning Regulations shall be held unconstitutional or determined to be invalid

by a competent court or unenforceable for any reason, the remaining provisions shall continue to remain in

full force and effect.

These regulations shall not create liability on the part of the Town of Mendon or any town official or employee

thereof resulting from reliance on these regulations or any administrative decisions lawfully made hereunder.

These regulations do not imply that land outside the areas of special flood hazard or land use permitted within

such districts will be free from flooding or flood damage.

The Board of Selectmen shall establish such fees as may be necessary for the filing of applications for

permits, notices, the processing of hearings and action thereon. Fees shall be paid to the Town Clerk upon

application for a zoning permit; where an appeal or application is made to the Zoning Board of Adjustment,

any required fees shall be paid to the Town Clerk.

6

The provisions of these regulations shall take precedence over any conflicting and less restrictive local laws.

Nothing in these regulations shall absolve the applicant’s responsibility to obtain all required local, state and

federal permits before commencing any development in the Town of Mendon.

The Town of Mendon is hereby divided into the following 13 zoning districts and two overlay districts as shown

on the Official Zoning Map:

1. Village District 10. Conservation District I

2. Commercial District 11. Conservation District II

3. Residential District I 12. City Forest District

4. Residential District II 13. Ski Area Development District

5. Residential District III 14. Flood Hazard Overlay District

6. Rural District 15. Ridgeline Overlay District

7. Wheelerville District

8. Robinwood Residential District

9. East District

(a) The location and boundaries of Zoning Districts and the location of ridge lines are established as

shown on the Town’s Official Zoning Map. The latest adopted Official Zoning Map is hereby made

a part of these regulations, together with all future amendments.

(b) Regardless of the existence of additional zoning maps which may from time to time be made or

published, the Official Zoning Map shall be located in the office of the Town Clerk. This map shall be

the final authority as to the current zoning status of land and water areas.

(c) See Section 316 for areas of special flood hazard.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following

rules shall apply:

(1) Boundaries indicated as approximately following the center lines of roads, streams,

transportation and utility rights-of-way shall be construed to follow such center lines;

(2) Where boundaries require further clarification, the Zoning Board of Adjustment shall interpret

the district boundaries upon appeal from an action taken by the Administrative Officer;

(3) Except as otherwise provided, where a district boundary line divides a lot in single ownership

at the time of passage of these regulations or an amendment thereto, the Zoning Board of

Adjustment may permit, as a variance, the extension of the regulations for either portion of

the lot, not to exceed fifty (50) feet beyond the district line, into the remaining portion of the

lot.

7

(a) To further the purposes of these regulations, and to further clarify other sections and provisions

contained herein, the following uses shall be expressly prohibited in the Town of Mendon:

(1) Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal,

rubber, offal or dead animals, except such as result from the normal use of the premises if

not a public nuisance, and except municipal collection sites;

(2) Junk yards, automobile graveyards, or places for the collection of scrap metal, paper, rags,

glass or junk for any purpose;

(3) Use of basement of an uncompleted structure, wholly or partially below the grade of the lot

upon which it is located, for dwelling purposes;

(4) Bulk petroleum or petroleum products stored in liquid form for sale in tanks above ground,

including gas stations;

(5) Distilling of bones, fat or glue or gelatin manufacturing;

(6) Mobile businesses from cars, trucks, trailers and temporary retail stands;

(7) Occupancy of travel trailers or other dwellings not connected to a permitted wastewater

system for dwelling purposes.

(8) Placing or keeping of more than three unregistered motor vehicles, uninspected motor

vehicles or inoperable motor vehicles, scrap metal, appliances, waste, or other junk within

view of any public or private road, excepting driveways serving only one (1) residence.

(b) The inclusion of this section of prohibited uses shall not be construed to damage the intent of Article

III – Zoning District Regulations. Uses not listed as permitted or conditional in Sections 303- 317, 417

or 1002 are prohibited.

Sections 303 - 317 of these regulations summarize the regulations for each of the Zoning Districts which are

established in Article II and shown on the Official Zoning Map. Permitted Uses are those for which a zoning

permit will be granted if they meet the dimensional requirements and site plan review requirements, if

necessary. Conditional Uses are those for which a zoning permit will be granted if they meet the dimensional

requirements and the conditions listed for that use or area as specified in these regulations. Planned Unit

Development may be permitted in the Village, Commercial and Residential Districts in accordance with the

standards of Article VIII.

(a) Purpose and Description: This area of western Mendon is the most intensively developed part of

town and contains several historic buildings. The existing land use is a mixture of residential,

commercial, agricultural, and public uses. The intent of the regulations for this district is to continue

a mixed-use, relatively high-density area, and to prevent traffic and parking problems from

intensifying, by encouraging combined access and other measures.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory dwelling units (see Section 603)

(2) Accessory structures and uses (see Section 601)

(3) Family child care home serving no more than six full-time children (see Section 605)

8

(4) Home occupations (see Section 602)

(5) Residential care and group homes serving not more than 8 persons (see Section 604)

(6) Residential, one and two family dwellings

(7) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

1. Adult day care facility 13. Planned Unit Development (see Art. VIII)

2. Bank, financial services business 14. Post office

3. Bed and breakfast 15. Private club

4. Churches and other places of 16. Professional office

worship, convents, and parish houses 17. Public assembly

5. Community center 18. Recreational facility

6. Community owned and operated 19. Regional Solid Waste Management

institution and facility certified under 10 VSA Chap. 159

7. Family child care home or facility 20. Residential multi-family

serving more than six full-time children 21. Restaurant, bar, tavern, snack bar

(see Section 605) 22. Retail establishment

8. Funeral home and crematorium 23. School (public and private) and other

9. Hazardous waste management facility educational institutions certified by the

for which a notice of intent to construct State Department of Education

has been received under 10 VSA 24. State owned and operated institutions

Section 6066a and facilities

10. Hospital (public or private) and nursing

care facility

11. Hotel, motel, lodge

12. Kennel, animal day care

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

(1) Any structure's) listed under Section 304(d) with a footprint larger than 10,000 sq. ft.

(2) Cemetery

(3) Light industry (see Section 612)

(4) Mobile Home Park (see Section 613)

(5) Sand and gravel pit (see Section 611)

(f) Dimensional Requirements:

1 acre (on-site sewer)

1/2 acre (pipeline)

2 (on-site sewer)

4 (pipeline)

100' 40'

15' [a] 20' [a] the lesser of

30' or 3 stories

40%

[a] Minimum setback, except applicable under Section 303 (g)(4).

(g) Miscellaneous Requirements:

(1) The number of new access points onto Route 4 should be minimized by use of shared

driveways, frontage roads, or other means.

(2) Parking should be located behind or beside buildings where possible.

9

(3) Each lot or use shall have a strip of land at least fifteen feet in width in the front yard and at

least ten feet in width in the rear and side yards which shall be maintained as a landscaped

area.

(4) Where any land use abuts land in any residential district, a strip of land, at least twenty-five

feet in width, shall be maintained as a landscaped area in the front yard, side yards and rear

yard which adjoin these districts.

(a) Purpose and Description: The Commercial District is a portion of the Mendon Town along Route

4. It extends 500 feet back from the highway right-of-way, unless otherwise indicated on the Zoning

Map. The purpose of the Commercial District is to allow for commercial-oriented growth, while

maintaining the scenic qualities of Route 4.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory dwelling units (see Section 603)

(2) Accessory structures and uses (see Section 601)

(3) Family child care home serving no more than six full-time children (see Section 605)

(4) Home occupations (see Section 602)

(5) Residential care and group homes serving not more than 8 persons (see Section 604)

(6) Residential, one and two family dwellings

(7) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

1. Adult day care facility 10. Planned Unit Developments

2. Bed and breakfast (see Article VIII)

3. Churches and other places of worship, 11. Professional office

convents, and parish houses 12. Professional services

4. Community owned and operated 13. Public assembly

institution and facility 14. Restaurant, bar, tavern, snack bar

5. Family child care home or facility 15. Retail establishment

serving more than six full-time children 16. School (public or private) and

(see Section 605) other educational institutions

6. Hospital (public or private) and nursing certified by the State Department

care facility of Education

7. Horse boarding 17. State owned and operated institution

8. Hotel, motel, lodge and facility

9. Outdoor recreation

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

(1) Any structure's) listed under Section 304 (d) with a footprint larger than 20,000 square feet

(2) Light industry (see Section 612)

(3) Multi-family residential (see Section 615)

(4) Sand or gravel pit (see Section 611)

10

(f) Dimensional Requirements:

2 acres 2 (on-site sewer)

4 (pipeline)

200 100'

50' [a] 25' [a] 30' or 4 stories the

lesser of

40%

[a] Minimum setback, except as applicable under Section 304 (g)(4).

(g) Miscellaneous Requirements:

(1) Height of building should blend with the terrain of the land and not have an undue adverse

effect on mountain views and scenic vistas beyond the building.

(2) Development shall take place so as to minimize disturbance of the traffic flow. Shared

driveways and entrances or frontage roads will be required where feasible.

(3) Each lot or use shall have a strip of land at least fifty feet in the front yard and at least ten feet

in width in the rear and side yards which shall be maintained as a landscaped area or left in

a natural vegetated state.

(4) Where any land use abuts land in any residential district, a strip of land, at least twenty-five

feet in width shall be maintained as a landscape area in the side yards and rear yard which

adjoin these districts.

(5) It is preferable that parking be located behind or beside buildings.

(a) Purpose and Description: The Residential District I contains most of the land in the Town Line

Road corridor. (See the zoning map for the actual locations.) This is an area which is generally not

served by a public sewer system, but which is considered among the best in town for single-family

residential development.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory dwelling units (see Section 603)

(2) Accessory structures and uses (see Section 601)

(3) Family child care home serving no more than six full-time children (see Section 605)

(4) Home occupations (see Section 602)

(5) Residential care and group homes serving not more than 8 persons (see Section 604)

(6) Residential, one and two family, so long as two family unit is owner-occupied

(7) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

(1) Bed and breakfast

(2) Family child care home or facility serving more than six full-time children (see Section 605)

(3) Planned Unit Developments (see Article VIII)

11

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

(1) Multi-family residential (see Section 615)

(2) Sand and gravel pit (see Section 611)

(f) Dimensional Requirements:

1 acre 1 [a] 50'

25' 25' 20' or 3 stories the

lesser of

50%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The Residential District II contains most of the land which is north of

Route 4 and below 2,000 feet in elevation. (See the zoning map for the actual locations.) This is an

area which is generally not served by a public sewer system, but which is considered among the best

in town for single-family residential development.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory dwelling units (see Section 603)

(2) Accessory structures and uses (see Section 601)

(3) Family child care home serving no more than six full-time children (see Section 605)

(4) Home occupations (see Section 602)

(5) Residential care and group homes serving not more than eight persons (see Section 604)

(6) Residential, one and two family, so long as two-family is owner-occupied

(7) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

(1) Bed and breakfast

(2) Family child care home or facility serving more than six full-time children (see Section 605)

(3) Golf Course

(4) Planned Unit Developments (see Article VIII)

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

(1) Multi-family residential (see Section 615)

(2) Sand and gravel pit (see Section 611)

(3) Uses subject to Section 617: Permitted Commercial District Uses in Residential District II

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(f) Dimensional Requirements:

2 acres 1 unit per 2 acres [a] 50'

25' 50' 20' or 3 stories the

lesser of

50%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The Residential District III contains land which is south of Route 4 at

Woodward Road bordered by the Commercial District and Rutland City Forest. Because of the area’s

terrain, wetness, and proximity to the Rutland City Watershed, development density and potentially

polluting activities should be limited in this district.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory dwelling units (see Section 603)

(2) Accessory structures and uses (see Section 601)

(3) Family child care home serving no more than six full-time children (see Section 605)

(4) Home occupations (see Section 602)

(5) Residential care and group homes serving not more than 8 persons (see Section 604)

(6) Residential, one and two family, so long as two-family is owner-occupied

(7) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

(1) Bed and breakfast

(2) Family child care home or facility serving more than six full-time children (see Section 605)

(3) Residential Planned Unit Developments (see Article VIII)

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

(1) Multi-family residential (see Section 615)

(f) Dimensional Requirements:

3 acres 1 unit per 3 acres [a] 50'

13

25' 50' 20' or 3 stories the

lesser of

50%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The Robinwood Residential District includes those lands depicted on that

certain map entitled “Robinwood Development Robinson Enterprises, Mendon-Killington, Vermont”

dated June, 1974, of record in the Mendon town clerk’s office, located in the existing Robinwood

Development behind the commercial district on Route 4, bordering the Mendon/Killington town line.

The purpose of the district is to permit one and 2-family residential development in this residential

neighborhood.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory dwelling units (see Section 603)

(2) Accessory structures and uses (see Section 601)

(3) Family child care home serving no more than six full-time children (see Section 605)

(4) Home occupations (see Section 602)

(5) Residential care and group homes serving not more than 8 persons (see Section 604)

(6) Residential, one and two family, so long as two-family is owner-occupied

(7) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

(1) Bed and breakfast

(2) Family child care home or facility serving more than six full-time children (see Section 605)

(e) Dimensional Requirements:

1 acre 2 units on pipeline [a] 50'

25' 25' 20' or 3 stories the

lesser of

50%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

14

(a) Purpose and Description: The Rural District is generally that portion of Mendon north of Route 4

which is between the elevations of 2,000 and 2,500 feet. In addition to relatively high elevations,

much of this area has steep slopes and shallow soils. It is the intent of these regulations to minimize

the need for new town services and to protect the land from erosion and intensive development in this

area.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Noncommercial recreation

(4) Windmills, household scale (see Section 610)

(d) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

(1) Accessory dwelling units (see Section 603)

(2) Bed and breakfast

(3) Family child care home (see Section 605)

(4) Residential care and group homes serving not more than 8 persons (see Section 604)

(5) Residential, one family (see Section 616)

(e) Dimensional Requirements:

3 acres 1 unit per 3 acres [a] 50'

25' 50' 12' or 2 stories the

lesser of

30%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The Wheelerville District is a large area in the southwestern part of

Mendon, most of which is accessible only from Wheelerville Road. Although the land in the district

is privately owned, much of it is in the Rutland City Watershed. East Mountain, part of Bald Mountain,

and some smaller hills are also included in this district. The Wheelerville area is a popular place for

residents of Mendon and the region to enjoy a wide variety of outdoor sports. Most of the area is

undeveloped, and it is the intent of these regulations to maintain its remoteness to insure its

continued use as recreational open space.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

15

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Non-commercial recreation

(4) Windmills, household scale (see Section 610)

(d) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses in this subsection shall be subject to the provisions of Section 616 (Structures in Sensitive

Development Areas) in addition to any use-specific standards set forth in these regulations.

(1) Accessory dwelling units (see Section 603)

(2) Bed and breakfast

(3) Family child care home (see Section 605)

(4) Residential care and group homes serving not more than 8 persons (see Section 604)

(5) Residential, one family - including seasonal camps

(e) Dimensional Requirements:

5 acres 1 unit per 5 acres [a] 100'

50' 50' 12' or 2 stories

the lesser of

30%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The East district is the eastern most part of Mendon, and is bordered by

Killington, Plymouth, and Shrewsbury. Most of this district is between 2,000 feet and 2,500 feet in

elevation. The purpose of the East District is to allow rural residential use, but without provision for

any allowance of available town services.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Non-commercial recreation

(4) Windmills, household scale (see Section 610)

(d) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses in this subsection shall be subject to the provisions of Section 616 (Structures in Sensitive

Development Areas) in addition to any use-specific standards set forth in these regulations.

16

(1) Accessory dwelling units (see Section 603)

(2) Bed and breakfast

(3) Family child care home (see Section 605)

(4) Residential care and group homes serving not more than 8 persons (see Section 604)

(5) Residential, one and two family

(6) Ski area development

(e) Dimensional Requirements:

3 acres 1 unit per 3 acres [a] 50'

25' 50' 12' or 2 stories

the lesser of

30%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The Conservation I District includes Coolidge State Forest, Aiken State

Forest, any other state-owned or federally-owned lands in Mendon and the following lands: (1) lands

north of U.S. Route 4 which are above the elevation of 2,500 feet; (2) lands in Parker's Gore to the

west of the highest point of the peaks and ridges extending from the Mendon-Killington town line,

near Killington Peak, southerly to Little Killington Peak and then easterly and southerly to the Mendon-

Shrewsbury town line near Shrewsbury Peak, which are above the elevation of 2,500 feet. This area

is proposed for conservation, forest management, non-commercial recreational uses of various kinds

and, where suitable, single family residences.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Non-commercial recreation

(4) Windmills, household scale (see Section 610)

(d) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses in this subsection shall be subject to the provisions of Section 616 (Structures in Sensitive

Development Areas) in addition to any use-specific standards set forth in these regulations.

(1) Accessory dwelling units (see Section 603)

(2) Family child care home (see Section 605)

(3) Residential care and group home serving not more than 8 persons (see Section 604)

(4) Residential, one family - including seasonal camps

17

(e) Dimensional Requirements:

15 acres 1 unit per 15 acres [a] 100'

100' 100' 12' or 2 stories

the lesser of

10%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: This district is an area along U.S. Route 4 which is generally unsuitable

for development due to steep slopes, unstable soils, flood plains, and traffic restrictions.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Noncommercial recreation

(4) Windmills, household scale (see Section 610)

(d) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses in this subsection shall be subject to the provisions of Section 616 (Structures in Sensitive

Development Areas) in addition to any use-specific standards set forth in these regulations.

(1) Accessory dwelling units (see Section 603)

(2) Bed & breakfast

(3) Family child care home (see Section 605)

(4) Residential care and group homes serving not more than 8 persons (see Section 604)

(5) Residential, one family - including seasonal camps

(e) Dimensional Requirements:

15 acres 1 unit per 15 acres [a] 100'

100' 100' 12' or 2 stories

the lesser of

10%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

18

(a) Purpose and Description: This district includes all of the land in the Rutland City Forest as of the

date of adoption of these regulations. The City Forest land is a valuable resource for the entire

Rutland area for watershed protection, recreation, open space, and forest products.

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Non-commercial recreation

(4) Windmills, household scale (see Section 610)

(d) Permitted Uses (Site Plan Review by Planning Commission required):

(1) Community owned and operated institutions and facilities

(2) Snowmaking ponds, including related structures, piping and equipment.

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses in this subsection shall be subject to the provisions of Section 616 (Structures in Sensitive

Development Areas) in addition to any use-specific standards set forth in these regulations.

(1) Accessory dwelling units (see Section 603)

(2) Family child care home (see Section 605)

(3) Residential care and group homes serving not more than 8 persons (see Section 604)

(4) Residential, one family - including seasonal camps

(f) Dimensional Requirements:

15 acres 1 unit per 15 acres [a] 100'

100' 100' 12' or 2 stories

the lesser of

10%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Purpose and Description: The Ski Area Development District includes lands east of the highest

point of the peaks and ridges extending from the Mendon-Killington town line near Killington Peak,

southerly to Little Killington Peak, and then easterly and southerly to the Mendon-Shrewsbury town

line near Shrewsbury Peak, which lands are over the elevation of 2,500 feet. The purpose of this

area is for ski area development and, where suitable, residential development.

19

(b) Exempt Uses (no permit required):

(1) Accepted Agricultural Practices (see Section 1002(1))

(2) Accepted Silvicultural Practices (see Section 1002(2))

(3) Others listed in Section 1002

(c) Permitted Uses (permit from Administrative Officer required):

(1) Accessory structures and uses (see Section 601)

(2) Home occupations (see Section 602)

(3) Non-commercial recreation

(4) Windmills, household scale (see Section 610)

(d) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses in this subsection shall be subject to the provisions of Section 616 (Structures in Sensitive

Development Areas) in addition to any use-specific standards set forth in these regulations.

(1) Accessory dwelling units (see Section 603)

(2) Bed & breakfast

(3) Family child care home (see Section 605)

(4) Residential care and group homes serving not more than 8 persons (see Section 604)

(5) Residential, one family - including seasonal camps

(6) Ski area development

(e) Dimensional Requirements:

15 acres 1 unit per 15 acres [a] 100'

100' 100' 12' or 2 stories

the lesser of

10%

[a] 65 feet per acre but in no event shall more than 500 feet be required.

(a) Description: Areas of special flood hazard in the Town of Mendon are those identified in and on the

most current flood insurance studies and maps published by the Department of Homeland Security

(DHS), the Federal Emergency Management Agency (FEMA), and the National Flood Insurance

Program (NFIP), as provided by the Secretary of the Agency of Natural Resources pursuant to 10

V.S.A. § 753, which are hereby adopted by reference and declared to be part of these regulations.

[note: In areas where base flood elevations and floodway limits have not been provided by the

National Flood Insurance Program in the Flood Insurance Study and accompanying maps, base flood

elevations and floodway data provided by FEMA or available from state or federal agencies or other

sources, such as by field surveys, shall be obtained and utilized to administer and enforce these

regulations.]

(b) Applicability: The Flood Hazard Overlay District shall be superimposed over any other zoning

districts. All lands to which the Flood Hazard Overlay District applies must meet the requirements of

the underlying zoning districts and the Flood Hazard Overlay District. When there is a conflict

between the underlying zoning district and the Flood Hazard District, the more restrictive regulation

shall apply.

20

(1) In the Flood Hazard Overlay District, the term “Structure” means, a walled and roofed

building, as well as a manufactured home, and any related built systems, including a gas or

liquid storage tanks. Structure, for insurance purposes, means: (a) A building with two or

more outside rigid walls and a fully secured roof, that is affixed to a permanent site; (b) A

manufactured home (“a manufactured home,” also known as a mobile home, is a structure:

built on a permanent chassis, transported to its site in one or more sections, and affixed to

a permanent foundation); or (c) A travel trailer without wheels, built on a chassis and affixed

to a permanent foundation, that is regulated under the community’s floodplain management

and building ordinances or laws. For the latter purpose, “structure” does not mean a

recreational vehicle or a park trailer or other similar vehicle, except as described in (c) of this

definition, or a gas or liquid storage tank.

(2) Permit from Agency of Natural Resources - Any development requires 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 Town permit application. The

identified permits, or letters indicating that such permits are not required, shall be submitted

to the Administrative Officer and attached to the permit before work can begin.

(c) Purpose:

(1) Minimize and prevent 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 and other flood related hazards;

(2) Ensure that the design and construction of development in flood and other hazard areas is

accomplished in a manner that minimizes or eliminates the potential for flood and loss or

damage to life and property;

(3) Manage all flood hazard areas designated pursuant to 10 V.S.A. § 753; and

(4) Make the state, municipalities, and individuals eligible for federal flood insurance and other

federal disaster recovery and hazard mitigation funds as may be available.

(d) Exempt Uses (no permit required):

Uses listed are exempt from regulation, provided that they:

(1) Do not require the erection of structures, storage of materials and equipment;

(2) do not require importing fill from outside the flood hazard area;

(3) do not require channel modification or relocation;

(4) do not obstruct flood flows;

(5) do not increase the flood level within the floodway during the occurrence of the base flood;

(6) do not increase off-site flood damage potential; and,

(7) do not propose the construction of water supply, sanitary sewage or on-site waste disposal

systems.

(A) Accepted Agricultural Practices (see Section 1002(1))

(B) Violations of the AAP are subject to enforcement under applicable Vermont law

including, but not necessarily limited to, the provisions of 6 VSA Section 4812. Such

violations in the special flood hazard area and fluvial erosion hazard zone shall be

immediately reported to the Secretary of Agriculture for enforcement, and a copy of

the report shall be sent to the VT DEC NFIP Coordinator.

(C) Accepted Silvicultural Practices (see Section 1002(2))

(e) Conditional Uses (Conditional Use Review by Zoning Board of Adjustment required):

All uses listed as permitted or conditional in the underlying district shall be considered as conditional

uses in the flood hazard overlay district.

(f) District Specific conditions:

(1) In all Floodway Areas:

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(A) Junkyards and storage facilities for floatable materials, chemicals, explosives,

flammable liquids, or other hazardous or toxic materials, are prohibited within the

floodway.

(B) Development within the regulatory floodway is prohibited unless it has been

demonstrated through hydrologic and hydraulic analyses performed in accordance

with standard engineering practice, by a registered professional engineer, certifying

that the proposed development will result in no increase in flood levels during the

occurrence of the base flood.

(C) In areas where no regulatory floodway has been designated by the National Flood

Insurance Program, development shall be prohibited, unless a technical evaluation

is provided demonstrating that the cumulative effect of the proposed development,

when combined with all other existing development and anticipated development, will

not increase the water surface elevation of the base flood more than one foot at any

point within the community.

(2) In all Floodway Fringe Areas (i.e., special flood hazard areas outside of the floodway), the

Zoning Board of Adjustment shall require, as a condition of approval that:

(A) All development shall be designed to (I) minimize flood damage within the flood prone

area and to public facilities and utilities, and (ii) to provide adequate drainage

to reduce exposure to flood hazards.

(B) All development shall be reasonably safe from flooding and be: (I) designed (or

modified) and adequately anchored to prevent flotation, collapse or lateral movement

of the structure during the occurrence of the base flood, (ii) be constructed with

materials resistant to flood damage, (iii) be constructed by methods and practices

that minimize flood damage, and (iv) be constructed with electrical, heating,

ventilation, plumbing, and air conditioning equipment and other service facilities that

are designed and/or located so as to prevent water from entering or accumulating

within the components during conditions of flooding.

(C) The flood carrying capacity within any altered or relocated portion of a watercourse

be maintained.

(D) New and replacement water supply and sanitary sewage systems be designed to

minimize or eliminate infiltration of flood waters into the systems and discharges

from the systems into flood waters.

(E) On-site waste disposal systems be located to avoid impairment to them or

contamination from them during flooding.

(F) Manufactured homes to be placed and existing manufactured homes to be

substantially improved that are located in a new manufactured home park or

subdivision, outside of a manufactured home park or subdivision, in an expansion

to an existing manufactured home park or subdivision, or in a manufactured home

park or subdivision which has incurred substantial damage from a flood, shall be

elevated on a permanent foundation such that the lowest floor of the manufactured

home is elevated to a minimum of one foot above the base flood elevation and be

securely anchored to an adequately anchored foundation system to resist floatation,

collapse, and lateral movement during the occurrence of the base flood.

(G) Manufactured homes to be placed and existing manufactured homes to be

substantially improved that are located in an existing manufactured home park,

where elevating a replacement home to or above base flood elevation is not

possible, the lowest floor shall be supported by reinforced piers or other foundation

elements of at least equivalent strength that are no less than 48 inches in height

above grade and be securely anchored to an adequately anchored system to resist

floatation, collapse, and lateral movement.

(H) Any proposed development within the floodway will not result in any increase in flood

levels during the occurrence of the base flood.

(I) New residential construction and existing residential buildings to be substantially

improved have the lowest floor (including basement) elevated at least one foot above

the base flood elevation.

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(J) New non-residential construction shall have the lowest floor, including basement,

elevated at least one foot above the base flood elevation.

(K) Existing buildings to be substantially improved for non-residential purposes located

shall have the lowest floor, including basement, elevated to or above the base flood

elevation or together with attendant utility and sanitary facilities be designed such

that below 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.

(L) A permit for a building proposed to be flood-proofed shall not be issued until a

registered professional engineer or architect, provided at the expense of the

applicant, 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.

(M) All new construction and existing buildings to be substantially improved with fully

enclosed areas below the lowest floor that are subject to flooding be designed to

automatically equalize hydrostatic flood forces on exterior walls by allowing for the

entry and exit of floodwaters. Designs for meeting this requirement must either be

certified by a professional engineer or architect at applicant’s cost or meet or exceed

the following minimum criteria: A minimum of two openings having a total net area

of not less than one square inch for every square foot of enclosed area subject to

flooding shall be provided. The bottom of all openings shall be no higher than one

foot above grade. Openings may be equipped with screens, louvers, vales, or other

coverings or devices provided that they permit the automatic entry and exit of

floodwaters.

(N) Enclosed areas below the lowest floor which are subject to flooding shall be used

solely for the parking of vehicles, building access, or storage

(O) Recreational vehicles placed on sites in special flood hazard areas shall either (i) be

on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for

highway use, or (iii) meet the requirements of subsection 316(f)(2)(F).

(P) A small accessory building that represents a minimal investment need not be

elevated to the base flood elevation provided the building:

(i) Shall not be used for human habitation;

(ii) Shall be designed to have low flood damage potential;

(iii) Shall be constructed and placed on the building site so as to offer the

minimum resistance to the flow of floodwaters;

(iv) Shall be firmly anchored to prevent flotation; and,

(v) Shall have service facilities such as electrical and heating equipment

elevated or flood proofed.

(g) Other Provisions:

(1) Flood Insurance:

Structures that are built with loans or other federal investments will be required to obtain flood

insurance. A structure built 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. Failure to obtain a permit for development in the Special Flood Hazard Area

may jeopardize the participation of the town in the National Flood Insurance Program.

(2) Nonconforming Structures and Uses:

(A) Nonconforming structures in the Special Flood Hazard Area that are destroyed or

substantially damaged may be reconstructed in circumstances when the structure

cannot be relocated to a less hazardous location on the parcel, when the lowest floor

of the reconstructed structure is rebuilt to one foot or more above the base flood

elevation, and the structure is otherwise in compliance with all requirements of the

National Flood Insurance Program.

(B) Nonconforming structures or uses shall be considered abandoned where such

structures or uses are discontinued for more than 12 months. An individual

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manufactured home lot in an existing manufactured home park that is vacated shall

not be considered a discontinuance or abandonment of a nonconformity.

Replacement manufactured homes must be placed so as to meet the Development

Standards in these regulations.

(C) Nothing in this section shall be construed to restrict the authority of the town to abate

public nuisances or to abate or remove public health risks or hazards.

A ridgeline is the elongated crest or series of crests at the apex or the uppermost point of intersection between

two opposite slopes or sides of a mountain or hill. See Ridgeline map attached. In order to achieve the

purposes set forth below, construction in ridge areas is discouraged.

(a) Purpose: To regulate ridgelines as defined to:

(1) prevent and control water pollution;

(2) preserve and protect ridges;

(3) protect animals and their habitat;

(4) conserve the beauty of the ridgelines;

(5) minimize ridge intrusions;

(6) achieve town and regional conservation and development objectives.

(b) Applicability: The Ridgeline Overlay District shall be superimposed over any other zoning districts.

All lands to which the Ridgeline Overlay District applies must meet the requirements of the underlying

zoning districts and the Ridgeline Overlay District. When there is a conflict between the underlying

zoning district and the Ridgeline Overlay District, the more restrictive regulation shall apply.

(c) Conditions:

(1) No buildings other than lift attendant stations, first aid stations, and warming huts, none of

which shall exceed 400 square feet in area, shall be erected in the Ridgeline Overlay District.

(2) The applicant shall demonstrate that locating the proposed structure in the area of a

protected ridgeline is necessary and not feasible elsewhere;

(3) All uses listed in subsection (1) above shall comply with the standards set forth in Section

616 of these regulations.

Any lot in individual and separate and non-affiliated ownership from surrounding properties in existence on

the effective date of these regulations may be developed for the purposes permitted in the district in which

it is located, even though not conforming to minimum lot size requirements, if such lot is not less than one eighth

(1/8) acre in area with a minimum width or depth dimension of forty (40) feet.

No land or building in any zoning district shall be used or occupied in any manner so as to create dangerous,

injurious, noxious or otherwise objectionable conditions in such a manner or in such amount as to adversely

affect the reasonable use of the surrounding area or adjoining properties. The following specific standards

are set forth to implement this purpose. The burden of proof that the following standards are met shall be on

the applicant.

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(1) Noise: No noise which is detectable at or beyond the property line and which represents a

significant increase in noise levels in the vicinity of the development so as to be incompatible

with the reasonable use of the surrounding area shall be permitted.

(2) Odor: No emission of objectionable odor beyond the property line of a premises shall be

discharged, caused, allowed or permitted.

(3) Fly Ash, Dust, Fumes, Vapors, Gases, Other Forms of Air Pollution: No emission shall

be permitted which can cause any damage to health, to animals, vegetation, or other forms

of property which can cause any excessive soiling, at any point on the property of others.

(4) Vibration: No vibration shall be permitted which shall cause or result in any noticeable,

clearly apparent vibration of or on the property of another landowner under normal conditions.

(5) Glare, Lights, Reflection: No glare lights or reflection shall be permitted which are a

nuisance to other property owners or tenants or which could impair the vision of a driver of

any motor vehicle or which are detrimental to public health, safety and welfare.

(6) Fire, Explosive, Health or Safety Hazard: No fire, explosive or safety hazard shall be

permitted which significantly endangers other property owners or which results in a

significantly increased burden on municipal facilities.

(7) Stormwater Management: No property improvement shall direct, divert or maintain water

flow so that damage or pollution is caused to other property by surface or subsurface waters.

Stormwater management systems shall incorporate natural drainage systems; maximize onsite

infiltration and treatment; and minimize surface runoff.

(8) Site clearing and disturbance, and on-site paving, roofing, and other impervious surfaces that

increase surface water runoff and limit water infiltration and recharge shall be minimized. All

runoff from impervious surfaces shall be diverted to areas covered with vegetation for surface

infiltration.

(a) No land development may be permitted on lots which do not either have frontage on a public road

or, with the approval of the Planning Commission following a site plan review, access to such a road

by a permanent easement or right-of-way at least twenty (20) feet in width.

(b) In no case shall access be permitted without a written easement deed recorded in the land records.

Where a district boundary line divides a lot of record at the time such line is adopted, the regulations for the

less restricted part of such lot shall extend not more than thirty (30) feet into the more restricted part, provided

the lot has frontage on a street in the less restricted district, unless adjusted pursuant to Section 203(3)..

No lot shall be so reduced in area that the area, yards, lot width, frontage, coverage or other requirements of

these regulations shall be smaller than herein prescribed for each district. The provisions of this Section shall

not apply when part of a lot is taken for public purpose.

Any yards adjoining a street shall be considered a front yard for the purposes of these Regulations, and shall

meet the minimum front yard requirements on each of the two fronting sides..

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In all districts, on a corner lot, within the triangular area formed by the intersection of two street property lines

and a third line joining them at points twenty-five feet away from their intersection, there shall be no obstruction

to vision between the height of three feet and ten feet above the average grade of each street.

No grading, cut or fill shall be carried out in any district which leaves the slope of the finished grade in excess

of one on two (22.5%). Steeper grades are subject to site plan approval, and may require an erosion and

sediment control plan. Grades of driveways or roadways are subject to town standards.

All roads constructed shall be privately maintained unless built to town specifications and accepted as a town

highway.

In the event excavation for a structure has begun, but construction of the above-ground structure has not

commenced within three months of the excavation, the excavation shall be covered over or filled to the normal

grade. Failure to comply shall constitute a zoning violation.

A zoning permit is required for the destruction or demolition of a structure, to be applied for at least 30 days

before the demolition date. No fee will be required for the permit.

In the event a structure has been destroyed or demolished, or a building under construction has been

abandoned, all structural materials shall be removed from the site within 12 months of the destruction,

demolition, or abandonment, unless the owner of the structure has applied for a permit for re-construction.

Failure to comply shall constitute a zoning violation.

Landscaping which is required in any district under these regulations for front, side and rear yards shall take

the form of regionally appropriate shade trees, deciduous shrubs, evergreens, well-kept grassed areas and

ground cover. All such landscaping shall be maintained in a healthy growing condition, with ground cover or

grassed areas. See also minimum landscape requirements by district in Article III.

A buffer of land not less than fifty (50) feet wide shall be established between hiking trails that are owned or

managed by the town or by the State of Vermont and adjacent residential or commercial uses on each side

of these trails. Within the buffer the following uses are prohibited: The erection of any structure, the clear cutting

of trees, and any, other use that would adversely affect the scenic or natural character of one of these

trails. Notwithstanding anything herein to the contrary, accepted silvicultural practices are permitted in hiking

trail buffer areas.

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(a) Off-Street Parking Space Requirements: For every building hereafter erected, altered, extended or

changed in use, there shall be provided off-street parking spaces on the same or adjoining lot as set

forth below. A garage shall be considered to constitute a parking space or spaces, depending on the

number of cars the garage can house.

(1) Residential Uses:

(A) One family and two family dwelling units: one parking space for each bedroom plus

one parking space per dwelling unit, plus one parking space per non-residential

employee.

(B) 3 to 9 units, Multi-family Dwelling Units: One parking space for each bedroom plus

one parking space per dwelling unit.

(C) 10 to 30 units, Multi-family Dwelling Units: one parking space for each unit plus two thirds

of a parking space for each bedroom.

(D) Above 30 units, Multi-family Dwelling Units: one parking space for each unit plus

one-half parking space for each bedroom.

(2) Lodging Facilities: Hotel, motel, lodge, including bed and breakfast lodging: one parking

space for every two (2) guests which the building is designed to accommodate.

(3) Dormitory, Fraternity , Nursing Home, Hospital: One space for every two beds.

(4) Places of Public Assembly: Every structure used as a theater, amusement facility,

auditorium, community center, club, stadium, library, museum, church, lodge halls, or other

place of public or private assembly which provides facilities for seating people; one parking

space for every three seats. Where there are no seats provided, one parking space shall be

provided for every two hundred square feet of floor area.

(5) Commercial Non-office Businesses: At least two (2) square feet of parking space for each

square foot of area to be used for business, excluding storage, up to a total of 5,000 square

feet of parking for 2,500 square feet of area. At least one square foot of parking space for

each square foot of area in excess of 2,500 square feet of business use, excluding storage.

(6) Commercial Office Businesses: One parking space per individual working in the business,

one parking space per vehicle used in the business, and one parking space for every three

parking spaces otherwise required herein.

(7) Restaurant, Eating and Drinking Establishments: At least one parking space for each three

seats, each three standees and each three employees.

(8) Industrial,Wholesale,Warehouse, Storage, Freight and Trucking Uses: One parking space

for every motor vehicle used in the business, plus one parking space for every two

employees employed on the premises in the maximum shift.

(9) Outdoor Recreation: As required by the nature of the recreational activity.

(10) Ski Area Development: One space per each nine persons per hour uphill capacity of the ski

area, which shall include parking for base lodges.

(b) Off-Street Loading Space Requirements: For every building hereafter erected, altered, extended or

changed in use for the purpose of business, trade, or industry there shall be provided off-street space

for loading and unloading of vehicles as set forth below.

(1) Hotels,Motels,Hospitals,Non-officeBusinesses,Service and Industrial Establishments: One

off-street loading space for every ten thousand square feet of floor area.

(2) Wholesale, Warehouse, Freight and Trucking Uses: One off-street loading space for every

seven thousand five hundred square feet of floor area.

(c) Additional Parking and Loading Space Requirements:

(1) With the approval of the Planning Commission parking spaces may be provided by the

applicant on other property, provided that such land lies within three hundred feet of an

entrance to the principal building and the property is owned by the applicant or the applicant

provides proof of legal permission to utilize that property for parking purposes.

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(2) Parking spaces for any number of separate uses may be combined in one parking lot, but

the required space assigned to one use may not be assigned to another at the same time,

except upon approval of the Planning Commission.

(d) Waiver of Off-street Parking Space Requirements:

It is expressly acknowledged that it is inherently difficult to determine adequate parking requirements

because of vast differences in alternative types of business. Therefore, the Planning Commission

may require less parking than the stated requirements for good cause. The Planning Commission

shall weigh evidence provided by the applicant demonstrating parking needs.

Establishing and protecting heavily vegetated areas of native vegetation and trees along Mendon’s water

bodies reduces the impact of storm water runoff, prevents soil erosion, protects wildlife and fish habitat, and

maintains water quality.

(a) Applicability:

(1) All land within 30 feet horizontal distance measured from the top of slope, so long as the

maximum distance does not exceed 80 feet from the edge of the mean water limits, where

the channel runs adjacent to a valley wall or high terrace, or top of bank, where the channel

has access to its floodplain, for streams identified on the 7.5’ U.S. Geological Survey

quadrangles.

(2) Except as provided in Subsection (3) below, all land within 30 feet horizontal distance

measured from the mean water level of all lakes that have more than 21,780 square feet (1/2

acre) of water surface.

(3) Ponds built on private property are exempt from this Section, but may be subject to the

standards for constructing and managing ponds set forth in Section 614.

(b) General Standards:

(1) Except as provided in Subsection (2) below, all lands within a riparian buffer shall be left in

an undisturbed, vegetated condition.

(2) Removal of dead trees or trees of immediate threat to human safety as well as reasonable

pruning of existing trees is permitted.

(3) The creation of new lawn areas within riparian buffers is not permitted. Property owners

already encroaching on the riparian buffer are encouraged to return mowed areas to their

naturally vegetated state. Supplemental planting with appropriate native vegetation to restore

and enhance the effective filtering and bank stabilization functions of a riparian buffer is

encouraged.

(4) Any areas within a riparian buffer that are not vegetated or that are disturbed during

construction shall be seeded with a naturalized mix of grasses rather than standard lawn

grass.

(5) Notwithstanding anything to the contrary herein, accepted silvicultural practices as permitted

in riparian buffer protection areas.

(c) New uses and encroachments within riparian buffers:

(1) Permitted uses:

(A) The control of non-native species of nuisance plants including Eurasian milfoil, water

chestnut, purple loosestrife and reed grass (Phragmites), where such control is by

hand pulling of plants or according to a written plan approved by the Vermont Agency

of Natural Resources and under any applicable state law.

(B) Buffer re-establishment projects which use “soft” techniques such as tree revetments

and root wads.

(C) Encroachments necessary to rectify a natural catastrophe for the protection of the

public health, safety and welfare.

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(D) Unpaved footpaths for the purpose of private or public recreation located at least ten

(10) feet horizontal distance measured from the top of slope, where the channel runs

adjacent to a valley wall or high terrace, or top of bank, where the channel has

access to its floodplain.

(E) Paved paths for the purpose of private or public recreation located at least thirty (30)

feet horizontal distance measured from the top of slope, where the channel runs

adjacent to a valley wall or high terrace, or top of bank, where the channel has

access to its floodplain. Access points are allowed, but shall be limited to areas

where the stream or river channel is already confined and/or permanently

constrained wherever possible.

(F) Roadways or access drives for purposes of crossing a riparian buffer to gain access

to land on the opposite side of the buffer, or for purposes of providing safe access

to an approved use, in cases where there is no feasible alternative for providing safe

access. A roadway crossing or access drive shall occur at a right angle to the stream

channel when possible.

(G) Utility lines, including telephone, cable, sewer and water, to the extent necessary to

cross or encroach into the riparian buffer where there is no feasible alternative for

providing or extending utility services.

(H) Stream restoration projects, including dam removals, in accordance with a plan

approved by the Vermont Agency of Natural Resources.

(2) Conditional uses: The following new uses and encroachments within riparian buffers shall

be subject to Conditional Use review in accordance with Sections 504-506 and the following

requirements:

(A) Clearing of vegetation and filling or excavating of earth materials, only to the extent

directly necessitated for the construction or safe operation of a conditional use on the

same property and where the Zoning Board of Adjustment finds that:

(i) There is no practical alternative to the clearing, filling or excavating within

the riparian buffer; and

(ii) The purposes of these regulations will be protected through erosion

controls, plantings, protection of existing vegetation, and/or other measures.

(B) Encroachments necessary for providing for, or improving, public facilities where the

Zoning Board of Adjustment finds that:

(i) There is no practical alternative to the clearing, filling or excavating within

the riparian buffer; and

(ii) The purposes of these regulations will be protected through erosion

controls, plantings, protection of existing vegetation, and/or other measures.

(C) Stormwater treatment facilities, where the Zoning Board of Adjustment finds that:

(i) There is no practical alternative to the clearing, filling or excavating within

the riparian buffer;

(ii) The purposes of these regulations will be protected through erosion

controls, plantings, protection of existing vegetation, and/or other measures;

and

(iii) Evidence of an approved permit from the Vermont Agency of Natural

Resources for coverage under the applicable permitting requirements shall

be required to meet this criterion for encroachment into a riparian buffer.

(D) Outdoor recreation and education facilities provided that any building or structure

(including parking and driveways) associated with such use is located outside the

riparian buffer.

(d) Notwithstanding anything herein to the contrary, landowners may petition the Planning Commission

for modifications of the provisions of this section for good cause, so long as the purposes and intent

of this section are reasonably safeguarded.

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Any nonconforming use of land may be continued indefinitely, subject to the following:

(1) Movement, enlargement, alteration, extension, or restoration, or increase in external

evidence of a nonconforming use shall take place only with approval of the Zoning Board of

Adjustment, after a duly warned public hearing, in accordance with the following standards:

(A) That there be no undue adverse effect on traffic in the vicinity;

(B) That there be no undue adverse effect upon surrounding property; and

(C) That the increase in ground coverage of any building or addition be less than 50%

of the ground area covered by the existing building on the date of the adoption of

these regulations or the amendment which made it nonconforming, and that the

gross area of the proposed building not be more than 100% greater than the total

gross area of the building on the date of adoption of these regulations or the

amendment which made it nonconforming.

(2) A nonconforming use shall not be changed to another nonconforming use without approval

by the Zoning Board of Adjustment following a duly warned public hearing, and then only to

a use which, in the opinion of the Board, is of the same or of a more restricted nature;

(3) A nonconforming use that has changed to become conforming shall not be changed back

to a nonconforming use.

(4) A nonconforming use shall not be re-established if such use has ceased for a period of one

year. Intent to resume a non-conforming use shall not confer the right to do so;

(5) A nonconforming use that has been interrupted by damage from any cause may only be reestablished

if such use is reinstated within one year of such damage. If such non-conforming

use has not been fully reinstated but has continued without interruption in any undamaged

part of any improvement, then such use may continue but only to the extent it has been so

continued.

Any nonconforming structure, including signs, lawfully existing on the effective date of these regulations, or

any subsequent amendment to it, may be used for any purpose permitted in the district in which it is located,

subject to the following:

(1) A nonconforming structure may be normally maintained and repaired, provided that such

action does not increase the structure’s degree of nonconformance.

(2) A nonconforming structure may be enlarged upon, expanded, or extended, provided such

action:

(A) Does not increase the degree of the structure’s nonconformance; and,

(B) Conforms to all other requirements applicable under these regulations.

(3) If a nonconforming structure is partially or totally destroyed by fire or other catastrophe, it may

be repaired or otherwise reconstructed in the footprint and to the height of its pre-disaster or

catastrophe construction.

(4) A nonconforming structure may be voluntarily replaced only in conformance with all the

requirements of this regulation.

(5) A non-conforming sign is not allowed if the business which the sign is advertising ceases

operation for a period of nine (9) months.

An existing nonconforming lot may be normally developed provided that all provisions of these regulations,

except those which create the lot’s nonconformity, are complied with.

The boundaries of a nonconforming lot or parcel may be altered only in a manner that does not increase its

degree of nonconformity.

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(a) Where a nonconforming structure in a flood hazard district requires repairs, relocation or

enlargement, the Zoning Board of Adjustment shall grant a permit only if it finds that:

(1) the repair, relocation, or enlargement of the nonconforming structure is required for the

continued economically feasible operation of a nonresidential enterprise; and

(2) the repair, relocation, or enlargement of the nonconforming structure will not increase flood

levels in the regulatory floodway, and will not threaten the health, safety, and welfare of the

public or other property owners.

(b) The permit so granted shall state that the repaired, relocated, or enlarged nonconforming structure

is located in a regulated flood hazard area, does not conform to the bylaws pertaining thereto, may

not be eligible for any flood insurance which may pertain to regulated flood hazard areas, and will be

maintained at the risk of the owner.

Uses requiring site plan review are considered to be permissible in their listed districts. Site plan review is

used to ensure that the proposed construction / use of the site will provide adequate parking areas, loading

areas, vehicular circulation, pedestrian circulation, landscaping and screening, and to limit any adverse

impacts on adjacent properties from noise, light, odor, water runoff, or excess refuse.

(a) No zoning permit may be issued by the Administrative Officer for uses listed as “permissable” under

these regulations until the Planning Commission has held a properly warned Site Plan Approval

hearing and has approved the Site Plan.

(b) Notwithstanding Section 502(a) above, the following uses and activities shall be exempted from Site

Plan Approval review:

(1) One-family and two-family dwellings and their accessory structures;

(2) Residential Care or Group homes serving eight or fewer people;

(3) Home occupations;

(4) Family Child Care Homes serving not more than six full-time children;

(5) Development requiring conditional use approval, per Section 504-506 of these regulations;

and

(6) Uses and activities exempted from these regulations.

(a) In considering its action and holding its public hearing's), the Planning Commission shall consider

all relevant zoning provisions as well as all other Town ordinances. The Planning Commission may

consider the following in its review:

(1) Safety of vehicular and pedestrian circulation between the site and the street network.

Particular consideration shall be given to visibility at intersections, to traffic flow and control,

to pedestrian safety and convenience, and to access in case of an emergency.

(2) Adequacy of circulation, parking and loading facilities. Particular consideration shall be given

to the items in (1) above and to the effect of noise, glare, or odors on adjoining properties.

The requirements under Section 414 (parking and loading facilities) shall also be met.

31

(3) Adequacy of landscaping and screening with regard to achieving maximum compatibility and

protection of adjacent property and pedestrian amenity and usability. The standards of

Section 412 shall be met. Particular consideration shall be given to the preservation of

existing vegetation, the visibility of unsightly or incompatible areas from the road and

adjoining properties and the adequacy of landscaping materials to meet seasonal conditions,

soil conditions and light on the site.

(4) Adequacy of site layout and design in incorporating and protecting areas of steep slopes,

surface waters, wetlands, and the associated setbacks and vegetative buffers designated in

accordance with Article IV.

(5) Adequacy of storm water management systems to incorporate natural drainage systems;

minimize the need for system maintenance; maximize on-site infiltration and treatment,

minimize surface runoff; accommodate existing anticipated runoff; and to protect the

biological, chemical, and physical conditions of a water body.

(6) Adequacy of project site development to minimize the extent of soil disturbance and erosion.

(7) Any steps necessary to promote the utilization of renewable energy resources.

(b) The foregoing shall not prevent the Planning Commission from considering, and from imposing

appropriate conditions and safeguards for, any other specific items that may be set forth in §4416

of the Act as it may be amended from time to time, and that may be set forth in Section 402.

(c) Decisions shall be made in accordance with Section 1403 of these regulations.

(d) The applicant shall submit two sets of site plan maps, floor plans, elevations, well and septic

information to the Planning Commission, which shall include the following information presented in

drawn form and accompanied by written text:

(1) Name and address of the owner of record and owners of adjoining lands, name and address

of person preparing the map, north point, date and scale of map not less than 1 inch to

twenty feet, unless the Planning Commission determines that a different scale is needed to

adequately show the size and relationship of the various parts of the plan.

(2) Surveyor the property showing existing features, including contours, structures, streets, utility

easements, rights of way, land use and deed restrictions.

(3) Site plan showing: proposed structure's), locations and land use areas, streets, driveways

traffic circulation, parking and loading spaces and pedestrian walks; and landscaping plans

including site grading, design and screening.

(4) Construction sequence and time schedule for completion of each phase for buildings,

parking spaces and landscaped areas for the entire development.

(5) A written statement from the Rutland City Fire Department (or such other entity that may be

responsible for fire protection in Mendon) that adequate fire protection is available for the

proposed development.

(a) Uses listed as “conditional” in these regulations are considered to be generally desirable in the Town

of Mendon. In order for these activities to benefit the community as a whole, however, certain

attributes of these activities must be addressed.

(b) These regulations are intended to ensure the proposed activity will have an overall positive effect on

the neighborhood. In some cases, this may involve ensuring that there is adequate parking and

loading area or sufficient screening from neighboring properties. In other cases, it may involve

ensuring that the Town’s road network, public safety capabilities or schools are not overly burdened,

or making sure that the particular activity is truly capable of operating on the site without harming the

neighborhood.

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No zoning permit may be issued by the Administrative Officer for uses listed as “conditional” in these

regulations until the Zoning Board of Adjustment has held a properly warned Conditional Use Approval hearing

and approved the use.

(a) In considering its action, the Zoning Board of Adjustment shall consider all relevant zoning provisions

as well as all other Town ordinances. In considering its action, the Board shall make findings that:

(1) the proposed conditional use will not have an undue adverse impact on any of the following:

(A) The capacity of existing and planned community facilities;

(B) The character of the area affected, as defined by the purpose of the land use district

and the specifically stated policies and standards of the Mendon Town Plan;

(C) Traffic on roads and highways in the vicinity;

(D) Bylaws then in effect;

(E) Utilization of renewable energy resources.

(2) All dimensional and general requirements of the district, or of the specific use where stricter

requirements apply, have been met.

(3) The standards set forth in Section 503 (General Standards for Site Plan Review) have been

met.

(4) The standards set forth in Section 402 have been met.

(b) In granting conditional use approval the Zoning Board of Adjustment may attach such reasonable

conditions as it deems necessary to implement these regulations.

(c) The Zoning Board of Adjustment may retain a technical consultant and/or an attorney to advise the

Board during its review of applications for uses permitted but subject to conditional use review.

Applicant shall bear the cost of such technical or legal consulting services.

(d) Decisions shall be made in accordance with Section 1403 of these regulations.

(a) Applicability: accessory structures and uses shall comply with the required lot setbacks and height

limitations, and are subject to the receipt of a permit unless specifically exempted in these

regulations.

(b) Exemptions:

(1) Uses listed under Section 1002 (13)

(2) One accessory structure per lot with a gross floor area not to exceed 100 square feet and

height not to exceed 12 feet, subject to the following exceptions:

(A) All outdoor swimming pools, other than those intended to be collapsed and stored

away in the winter, are subject to receipt of permits;

(B) All outdoor furnaces / boilers are subject to receipt of permits and shall, further:

(i) Be screened from view of neighbors and any public right of way

(ii) Include a filter designed to minimize soot and other pollution emissions.

(iii) Be serviced regularly to ensure proper function and filtration of pollution.

(3) Anymore than one accessory structure per lot, irrespective of the gross floor area or height,

is not exempt and requires a permit.

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(c) Note: See Section 614 for details concerning the construction and management of ponds.

Notwithstanding anything else in these regulations, these regulations shall not prevent a resident from using

a minor portion of a dwelling for an occupation which does not change the character of the residential district.

A home occupation may be carried on subject to the following:

(1) The business shall be operated wholly within the principal building and / or accessory

structures on the lot;

(2) The business shall occupy an area no greater than the equivalent of 49% of the gross floor

area of the principal building or 1,000 square feet, whichever is greater.

(3) Not more than three persons who are not residents of the dwelling may be employed in the

business, and in any event the business shall not employ more than five employees including

residents and non residents;

(4) Obnoxious or excessive noise, smoke, vibration, dust, drainage, glare, odors, electrical

interference or heat that is detectable at the boundaries of the lot on which the dwelling is

located shall not be generated;

(5) No traffic shall be generated in substantially greater volume than normally exists in the

neighborhood;

(6) A person shall not commence a home occupation without a zoning permit.

(7) No storage or display of goods shall be allowed outside existing buildings;

(8) Off-street parking shall be provided as required in Section 414; on-site parking shall be

screened from public view.

(9) Any sign used shall be no larger than 12" X 24", shall not be lit, and shall not be placed

within any public right of way.

(a) One accessory dwelling unit that is located within or appurtenant to an owner-occupied single-family

dwelling shall be permitted in accordance with the following:

(1) The unit is an efficiency or one-bedroom apartment that is clearly subordinate to a single-family

dwelling, and has facilities and provisions for independent living, including sleeping,

food preparation, and sanitation; and,

(2) The property has sufficient wastewater capacity; and,

(3) The unit does not exceed 30 percent of the total habitable floor area of the single-family

dwelling or 750 square feet in gross habitable floor area, whichever is greater; and,

(4) Applicable setback, coverage, and parking requirements specified in the bylaws are met;

and,

(5) The owner occupies either the primary dwelling or accessory dwelling.

(b) Notwithstanding the provisions above, the creation of an accessory dwelling unit will require

conditional use approval when one or more of the following is involved:

(1) A new accessory structure, constructed after the enactment of these bylaws,

(2) An increase in the height or floor area of the existing dwelling, or

(3) An increase in the dimensions of the parking areas.

A residential care home or group home to be operated under state licensing or registration, serving not more

than eight (8) persons who have a handicap or disability as defined under 9 VSA Section 4501, shall be

considered by right to constitute a permitted single-family residential use of property and shall be regulated

in accordance with Article III, except that no such home shall be so considered if it is located within 1,000 feet

of another existing or permitted such home.

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Licensed or registered family child care homes and facilities shall be subject to the following provisions:

(1) A family child care home serving up to six children shall be considered to constitute a

permitted single family residential use of property in accordance with the provisions of Article

III.

(2) A family child care home serving no more than six full-time children and four part-time

children shall be considered to constitute a permitted single family residential use of property,

but shall require site plan review.

(3) Any family child care home serving more than six full-time children shall be permitted only

in the Village (Section 303) and Commercial (Section 304) districts.

Temporary permits may be issued by the Administrative Officer for a period not exceeding one year, for nonconforming

uses incidental to construction projects, provided such permits are conditioned upon agreement

by the owner to remove the structure or use upon expiration of the permit. Such permits may be renewed upon

application for an additional period not exceeding one year.

It shall be unlawful for any person to park a camping trailer, travel trailer, pick-up coach, motor home on any

public or private property, except in accordance with these regulations as follows:

(1) In an approved camping trailer sales lot.

(2) The owner may park it on his own property for storage, in the rear or side yards, providing

that the trailer is parked behind the front face of the principal building and no closer than

fifteen feet to any lot line. A trailer so parked shall not be used as permanent living quarters

and shall not be hooked up to any utilities other than a temporary electronic/power

connection. Except as provided for in subsection (3).

(3) The camping trailer, travel trailer, pick-up coach, or motor home is used as a temporary living

quarters in accordance with Section 608.

Upon approval by the Administrative Officer, a mobile home, camping trailer, travel trailer, pick-up coach, or

motor home may be located on the construction site of a new or reconstructed residence for a period not to

exceed 6 months, if in the opinion of the Administrative Officer, not to do so would cause a hardship. The

temporary living quarters shall comply with all applicable local and state water and waste water regulations.

(a) A residential antenna or dish antenna measuring less than three feet in diameter shall not require a

permit and does not have to meet building height requirements.

(b) A dish antenna measuring more than three feet in diameter or other antenna less than 20 feet in

height shall be considered an accessory use. It shall require a building permit, and shall meet the

following requirements:

(1) earth tone colors;

(2) in an unobtrusive location as is possible; and

(3) in compliance of setback requirements of lot.

(c) A radio or television antenna, transmitter, or relay station greater than 20 feet in height shall be

considered a conditional use in any district but shall be exempt from the zoning district’s height

requirements.

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(a) All systems subject to 30 V.S.A. Section 248 are exempt from these regulations.

(b) Any systems to be connected to the electric grid shall meet state and CVPS requirements.

(c) All systems shall be subject to site plan reviewing accordance with Sections 501-503 and the following

requirements:

(1) The maximum design output for one or more facilities on a parcel shall be 15 kw/h

(2) The maximum height for any windmill facility shall be 130 feet, measured from the ground

to the top of the blade.

(3) Towers shall have a minimum setback from all property lines, utility rights of way, and public

rights of way of 1½ times the height of the tower.

(4) Wind energy systems shall not exceed sound levels of 70 DBA as measured at the nearest

neighboring property boundary. The level, however, may be exceeded during short-term

events such as utility outages and/or severe wind storms.

(5) Natural screening using existing landscape features is encouraged. Windmills shall be a

neutral color.

(6) No systems shall be erected in the Mendon Ridgeline Overlay District.

All sand and gravel pits shall be subject to conditional use review in accordance with Sections 504-506 and

the following requirements:

(1) Applications shall include a clearly defined boundary of proposed excavation and any

proposed phases.

(2) A landscaped or wooded buffer of 50 feet shall be provided along any public road or highway

and along the lot line of any property with an existing residence. This provision applies to any

new or expanded portion of the establishment.

(3) Structures may be exempted from the maximum height regulations of the district.

(4) Before approval of any new operation or extension to a sand or gravel operation, a

performance bond from a company approved by the Commissioner of Banking and

Insurance shall be secured from the applicant sufficient to ensure that upon completion of

the extraction operations the abandoned site will be left in a safe, attractive and useful

condition in the interest of public safety and general welfare. The owner shall submit a plan

or proposed improvements to accomplish this end.

(5) All active excavation operation sites shall be stabilized annually before winter to prevent

erosion and potential hazards at the site.

(6) Inactive or unused excavation operation sites shall be graded smooth and left in a neat

condition. Cut slopes and spoil banks shall not be allowed to remain. The operation site

shall be stabilized and reseeded so as to establish a firm cover of grass or other vegetation

sufficient to prevent erosion to the satisfaction of the Zoning Board of Adjustment.

(7) All surface drainage affected by excavation operations shall be controlled by the owner to

prevent erosion debris and other loose materials from filling any drainage course, street or

private property. All provisions to control natural drainage water shall meet with the approval

of the Zoning Board of Adjustment.

(8) Sand and gravel pits subject to an industrial multi-sector general permit or other storm water

permit issued by the State or EPA shall comply with all provisions of that permit. The Town

shall require proof of compliance with the permit prior to approving any new operation or

extension to an existing operation.

(9) No excavation, blasting or stockpiling of materials shall be located within two hundred feet

of any street or other property line.

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(10) Because of possible noise and dust, no power-activated sorting machinery or equipment shall

be located within two hundred feet of any street or other property line, and all such machinery

shall be equipped with satisfactory dust elimination devices.

(11) All excavation slopes in excess of one on two shall be adequately fenced as determined by

the Zoning Board of Adjustment.

(12) Hours of operation shall not begin before 7:00 AM on weekdays and 9:00 AM on Saturdays

and holidays, and end one hour after sunset, or 8:00 PM whichever is earlier. No operations

shall be allowed on Sundays.

All proposed Light Industry activities shall be subject to conditional use review in accordance with Sections

504-506 and the following requirements:

(1) The applicant shall demonstrate that there will be no significant air, water, or noise pollution

resulting from the project.

(2) Connection to off-site sewer system is required if process water is used in manufacturing.

(3) Maximum of one access to U.S. Route 4 per industry is permitted.

(4) The maximum height of any structure shall be 48 feet.

(5) Suitable landscaping is required in accordance with Section 412 and any district-specific

regulations.

(6) No large use or storage of hazardous materials shall be permitted without approval by the

Zoning Board of Adjustment.

(7) The Zoning Board of Adjustment may require an outside review of the application by the

Rutland City Fire Department or other organizations to ensure workplace safety and

mitigation of potential hazardous materials incidents.

(8) The Zoning Board of Adjustment may require increased setbacks from lot lines, public

highways, or waterways if deemed necessary.

All proposed Mobile Home Park activities shall be subject to conditional use review in accordance with

Sections 504-506 and the following requirements:

(1) A Mobile Home Park shall have an area of not greater than five (5) acres.

(2) Mobile Home Parks shall provide for individual mobile home lots, access driveways, parking

and recreational open space.

(3) Each mobile home lot within a Mobile Home Park shall be at least 8,000 square feet in area,

with a minimum width and depth of 70 feet, and shall front onto an access driveway. No part

of any mobile home in the Park shall be closer than 45 feet to the closest part of any other

mobile home in the Park.

(4) All access driveways within a Mobile Home Park must be at least 50 feet in width and have

a gravel surface at least 24 feet wide and 12 inches in depth of compacted gravel.

(5) Two (2) parking spaces at least 10 feet wide by at least 20 feet long shall be provided for

each mobile home lot.

(6) Each mobile home lot shall have an attachment for a water supply. The water supply source

must be approved by the appropriate state agencies.

(7) Each mobile home lot shall have an attachment for sewage disposal. The method of sewage

disposal must be in compliance with town ordinances, state statutes and regulations, and be

approved by applicable state review bodies.

(8) No mobile home, office or service building shall be closer to a public right-of-way than 50

feet.

(9) A strip of land, at least 25 feet in width, shall be retained as a landscape area abutting all

Mobile Home Park property lines. Landscaping is herein described as it is defined in Section

412. In addition, there shall be one mature or newly planted coniferous or deciduous tree for

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every 2,000 square feet of area, exclusive of the aforementioned 25-foot strip. The Zoning

Board of Adjustment shall have discretion as to the placement of the trees.

(10) No mobile home shall be parked on a lot within a Mobile Home Park closer than ten (10) feet

to an interior lot line.

(11) No addition shall be made to a mobile home, without a building permit. All mobile homes

shall have a suitable skirt or similar device to disguise the under-side of the home.

(a) Purpose: To protect the lives and property of citizens; the infrastructure of the community; and the

health of the natural environment, the construction of ponds shall require a zoning permit. The

purpose of regulating pond construction is to reduce the possibility of failure from improper design

or construction; to minimize potential flood damages incurred to upstream properties by the storage

of waters; and to minimize the damages caused by the sudden release of stored water from a failure

of the dam or intentional rapid draining of the impoundment.

(b) Requirements: The creation of ponds and other impoundments may be permitted as an accessory

use upon application and receipt of a zoning permit. In issuing a zoning permit, the Administrative

Officer shall find that:

(1) Any pond that impounds more than 100,000 cubic feet of water or includes a structural

element greater than ten (10) feet high measured from the lowest elevation of the

downstream toe to the crest shall be designed and certified by a Vermont Licensed

professional engineer with experience in pond design.

(2) Any pond that will impound, or be capable of impounding, in excess of 500,000 cubic feet of

water has received a permit from the Vermont Department of Environmental Conservation

in accordance with 10 VSA Chapter 43.

(3) If the project necessitates any work in a stream and if a stream alteration permit or other

approval is required from the Vermont Department of Environmental Conservation in

accordance with 10 VSA Chapter 41, such permit or approval has been received.

(4) If the project requires a permit or approval due to impacts on wetlands; rare, threatened, or

endangered species; or the passage of fish; or if the project requires a permit or approval

from the US Army Corps of Engineers, the Act 250 District Commission, or any other state

or federal authority, such permit of approval has been received.

(c) Upon issuance of the zoning permit, the Administrative Officer shall duly note that the applicant is

responsible for the pond’s safety and liable for its failure if he or she does not maintain, repair, or

operate the pond in a safe and proper manner.

In areas where Multi-Family Uses are listed as Conditional, proposed Multi-Family Uses shall be reviewed in

accordance with Sections 504-506 and the following requirements:

(1) Clustering of buildings and preservation of open space is encouraged.

(2) The maximum number of dwelling units per structure shall not exceed four.

(3) A maximum of one access point onto Route 4 per development is permitted. Shared access

among neighboring properties is encouraged.

(4) Vehicle and pedestrian circulation within the site shall be designed for safety, convenience,

and aesthetics.

(5) Parking shall be located on the side or rear of structures. Provisions for bus stops, bicycle

paths, and handicapped access are encouraged.

(6) Overall lot setbacks shall be 100 feet in front and rear, and 75 feet on the sides.

(7) A landscaped or wooded buffer of at least 20 feet shall be maintained between public roads

and structures.

(8) Site planning shall consider the effects of steep slopes, natural drainage patterns, solar

gains, and existing natural features of the site.

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In areas where structures are proposed to be located or substantially altered in areas sensitive to

development, they shall be reviewed in accordance with Sections 504-506 and the following requirements:

(1) Setbacks and vegetated riparian buffers:

(A) All structures shall be set back 150 feet from streams.

(B) All structures shall be set back 100' from any public road and shall be reasonably

screened by vegetation from any public road.

(C) The applicability of riparian buffer protection requirements shall be extended from

30 feet, as prescribed in Section 415(a)(1) and (2), to 75 feet.

(2) Steep Slopes: No development shall take place on slopes greater than 25%.

(3) Erosion and Stormwater Control: Development shall be sited and constructed, and slopes

stabilized in accordance with accepted engineering and best management practices for

storm water management and erosion control to:

(A) prevent runoff, erosion, slumps, and other down slope movements of material, and

(B) minimize associated risks to surface and ground waters, public facilities and roads,

and neighboring properties.

(4) Placement of Structures: Structures shall only be permitted after careful consideration of the

location of all proposed structures relative to existing vegetation, and the location of fragile

features (including, but not limited to, streams, undisturbed blocks of forest land, or unique

habitats and natural areas). Specifically, structures shall:

(A) Be minimally visible from public roads and properties;

(B) not stand in contrast to surrounding landscape patterns and features or serve as a

visual point from public roads or valleys;

(C) be sited to retain a maximum amount of continuous, undisturbed forest land

(D) designed so that the height of any structure does not visually exceed the height of

the adjacent tree canopy serving as the visual backdrop to the structure

(E) located and designed so that the height of proposed structures will not exceed the

elevation of any adjacent ridge line; and,

(G) minimally disturbs connected wildlife habitat areas

(5) Clearing and landscaping: The location of proposed structures relative to existing vegetation

shall protect the visual features of the ridgeline or forest area. Additional planting of native

trees and / or limit the amount of clearing, and / or a plan for the maintenance of the

remaining and proposed trees may be required.

(6) No town-sponsored water or wastewater systems will be supplied in this district.

(7) Wherever possible, shared driveways for separate homes will be used.

(a) Only those uses that are permitted uses (and specifically not conditional uses) in the Commercial

District shall be allowed in Residential District II.

(b) The conditional uses described herein shall only be allowed if the subject parcel is located in both the

Commercial District and Residential District II.

(c) The conditional uses described herein shall extend no more than 300 feet into Residential District II,

starting from the point in the Commercial District which is farthest from the U.S. Route 4 right-of-way.

For every three (3) feet of extension into Residential District II there shall be required two (2) feet of

front yard setback, in addition to what is required by the District or the use, and two (2) feet of

landscaped buffer, in addition to what is required by Section 412. All trees planted in the additional

landscaped buffer must be at least eight (8) feet in height.

(d) The entire front yard setback and landscaped buffer shall only be used as said setback and buffer,

and for no other purpose, in perpetuity, and shall be so restricted by an appropriate instrument

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recorded in the land records. If the conditional use permitted by this Section shall cease, and the

property again is in compliance with these regulations as they relate to uses allowed in Residential

District II, then the restrictions placed on the front yard setback and the landscaped buffer shall lapse,

and the provisions of these regulations pertaining to the Commercial District shall again control the

required setback and buffer. The Administrative Officer shall direct the Town Clerk to make an

appropriate notation in the margin of the aforementioned recorded instrument. In order for the

conditional use to cease, any improvements which are not in compliance with these regulations as

they pertain to other uses permitted in Residential District II shall be removed and the landscape shall

be restored to its natural condition.

(e) No access shall be permitted to any land which is subject to this Section through any zoning district

other than the Commercial District.

(f) Except where inconsistent with this Section, the provisions of these regulations relating to the

Commercial District shall apply to conditional uses in Residential District II.

In order to promote the public health, safety, and other aspects of the general welfare, it is the public interest

to provide information about and help guide travelers to public accommodations and services, other

businesses and points of scenic, historic, cultural, educational and religious interest. To provide that

information, it is the policy of the Town of Mendon and the purpose of this section:

(a) To prohibit the indiscriminate use of outdoor advertising.

(b) To regulate the size, construction, and type of outdoor advertising.

(c) To promote commercial sign plazas in appropriate locations.

(d) To augment the provisions of 10 V.S.A. Chapter 21.

As used in this section, the following terms are defined as set forth:

"Erection" of a sign shall include erection, construction, alteration, modification, removal, replacement, and

renovation, except that the sign may be repainted or stained to preserve the sign without falling under the

provisions of this section.

"Official business directional sign" means a sign erected and maintained by the State of Vermont to indicate

to the traveling public the route and the distance to public accommodations, commercial services for the

traveling public and points of scenic, historic, cultural, educational and religious interest.

"Outdoor advertising" means a sign which advertises, calls attention or directs a person to a business,

association, profession, commodity, product, institution, service, entertainment, person, place, thing, or activity

of any kind whatsoever, and is visible from a highway or other public right-of-way.

A "sign" is any structure, display, device, or representation which is designed or used to advertise or call

attention to anything, person, business, activity, or place and is visible from any highway or other right-of-way.

It shall include lettering or designs affixed to a building's walls, roof, or the like, whether by paint or by other

structural device. It does not include the flag, pennant or insignia of any nation, state, or town. A flagpole

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shall not exceed 40 feet in height, and shall be placed away from any adjoining property line a distance at least

equal to the height of the flagpole. Whenever dimensions of a sign are specified, they shall include panels and

frames, but not the open space beneath the sign, or the supporting structure.

"Sign Plaza" means any two or more signs grouped together on one support structure.

"Traffic control sign or device" means an official route marker: guide sign, warning sign, or sign directing

traffic to or from a bridge, ferry, or airport, or sign regulating traffic, which has been erected by officers having

jurisdiction over the highway.

“Flat Sign” means a sign, whether it consists of letters on a separate structure or simply letters attached to

the wall of a building, that is attached to the exterior wall of a building and is supported primarily by the surface

of the wall, the readable surface thereof which is parallel to the wall.

No outdoor advertising shall be erected by any person in the Town of Mendon unless said outdoor advertising

conforms to the following restrictions:

(1) A permit application shall be filed with the Administrative Officer accompanied by a filing fee,

set by the Selectmen, which shall include a sketch of the proposed sign with dimensions,

height, location, description of support and landscaping plans.

(2) If the application shall comply with the following, the permit shall be issued.

(3) All signs shall be of wood or natural material construction, and shall not exceed forty-eight

(48) square feet in area. No one side of the sign shall exceed 10 feet. Any other materials

shall be subject to the Administrative Officer’s review and approval.

(4) No person shall erect more than one sign within 500 feet of another erected by the same

person, on the same property.

(5) A business which has in excess of 500 feet of road frontage, thereby being eligible for more

than one sign, may, in lieu of multiple signs, request one large sign with an area not

exceeding 30 square feet for each 500 feet of road frontage, and next partial increment

thereof, however, in no event, exceeding 100 square feet.

(6) There shall be no luminous, fluorescent or day-glow lettering or background on any sign and

all lighting shall be spot or other directed light, placed to avoid glare to passing traffic.

(7) No portion of any sign shall exceed a distance of fifteen (15) feet above ground level or the

level of the highway, or whichever is higher.

(8) The sign support post may be of metal, concrete, or wood, and shall be of sturdy construction

so as to not imperil passers-by. No signs, other than temporary signs described in

subparagraph (14) below may be placed on wheels.

(9) No sign shall be placed closer to the highway right-of-way limits than five (5) feet.

(10) Multiple businesses located on a single property shall group their signs on a common set of

supports.

(11) In the event a sign plaza is required, the following shall apply:

(A) The total area shall not exceed 75 square feet for two businesses. No one side shall

exceed 12 feet.

(B) The total area shall not exceed 105 square feet for three businesses. No one side

shall exceed 14 feet.

(C) The total area shall not exceed 120 square feet for four or more businesses. No one

side shall exceed 15 feet.

(D) In addition thereto, each business shall per permitted a eight (8) square foot sign for

identification at its entrance or on its storefront.

(12) Affiliation signs or similar national rating signs, such as Best Western, Triple AAA, Mobil, (but

specifically not signs advertising particular products), are acceptable so long as they are

physically appended to an otherwise acceptable sign or signpost or the building. There shall

not be permitted more than two such signs per business, and each sign shall be no more

41

than three (3) square feet. Nothing shall be hereby construed to prevent advertising of such

credit cards or affiliations within the body of the permitted sign.

(13) Notwithstanding the foregoing, awnings may be constructed in addition to signs allowed

under this Section 703.3. An awning is a roof-type structure made of canvas or similar

material over a window or door that may contain the proprietor's logo, the name of the

business, or the type of the business. The total space of letters and/or the logo on all awnings

combined shall not exceed 25%of the area that would be allowed under the sign ordinance.

The awning shall not be erected to create additional business space and shall meet the setback

requirements. An awning shall be in proportion to the door or window area that it covers

and shall be attached to the building.

(14) No temporary signs or interim signs may be allowed except as provided hereby:

(A) Temporary signs may only be used to advertise a special event, such as a sale or

a special product offer or special rate:

(B) Temporary signs may not exceed eight (8) square feet, with no one side exceed five

(5) linear feet. A temporary sign may be double-sided.

(C) No more than one sign may be displayed by any one business at any one time.

(D) Construction may be of wood, plastic, canvas, or metal.

(E) Each business may display a temporary sign for a total of six (6) times per year, or

for a total period of sixty (60) days per year, whichever limit is reached first.

(F) Before any temporary sign is allowed, the business must have on file with the

Administrative Officer, a completed registration form and the business must pay any

fee therefore to be established by the Selectmen. A new registration form shall be

required each time a temporary sign is to be displayed

(15) Any commercial signs for pre-existing commercial uses located outside of the commercial

district or the village district, shall not exceed eight (8) square feet, with no one side

exceeding five (5) linear feet.

(16) Non-commercial signs, including, but not limited to, signs identifying residential

developments, shall not exceed five (5) square feet, with no one side exceeding three (3)

linear feet.

(17) In addition to all other signs allowed hereunder, there shall also be allowed "open flags"

according to the terms and restrictions set forth as follows:

(A) The flags may display no other language or symbols of any kind other than the word

"open".

(B) The maximum size of the flags shall be 4 feet in length and 2 feet in width. The pole

supporting such flag shall be no longer than 4 feet.

(C) The flags may only be displayed when at least one business at the premises is open

for business and, therefore, must be removed on a daily basis following the close of

business.

(D) The flags must be in a condition such that they have no tears, rips or frayed material

whatsoever.

(E) For single businesses, the pole for the flag must be placed on an existing sign or on

the business structure itself.

(F) For multiple business locations, the pole for the flag must be on an existing sign or

sign plaza. In addition thereto, for multiple business locations, each such business

at the location may display a plaque on the outside of the business structure utilizing

the word "open" and such plaque shall be no larger than 1.5 square feet.

(G) There shall be no requirement for a permit for an open flag. However, a violation of

this section shall constitute a violation of this zoning bylaw and subject the offending

party to enforcement hereunder.

(18) In addition to all other signs allowed hereunder, there shall also be allowed “flat signs”, as

defined above, according to the terms and restrictions set forth as follows:

(A) The structure and lettering shall be of wood, metal, or plastic.

(B) The sign may not be lit from within. Neon signs and signs of a similar nature are not

allowed.

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(C) The signs may be erected on any exterior wall of the building which contains the

business that is being advertised.

(D) The maximum size of all flat signs combined on any building shall be thirty two

square feet. The size shall be determined by measuring the smallest rectangle that

can encompass all the letters and any other markings on a sign.

(E) The maximum height of any letters on a flat sign is twelve inches.

Any sign or sign plaza, including the physical structure thereof and the lettering thereon, shall be removed by

the owner of the property if it has not been lawfully utilized as outdoor advertising with respect to a business

on the property for a period of nine (9) consecutive months. If the owner does not remove the sign after written

notice from the Administrative Officer to the owner, the town may remove the sign and charge the owner the

reasonable costs of such removal. This provision shall apply to all signs and sign plazas irrespective of

whether they were in existence prior to the effective date of this provision. Thereafter, any application for a

sign or sign plaza under Section 703 shall be governed by the provisions of Section 703 in effect at the time

of the application and no special rights or exceptions beyond the scope of Section 703 shall apply based on

the fact that there may have previously been a sign or signs on the premises.

Nothing in this article shall be construed to apply to:

(1) Official business directional signs.

(2) Traffic control signs.

(3) Signs advertising the sale of any residential or business premises, provided such sign is

located upon the advertised premises.

(4) Entrance/exit signs having an area of not more than two (2) square feet.

(a) The purpose of a Planned Unit Development (PUD) is to promote the creative and efficient use of

land with respect to topography and other natural features; encourage the preservation of open

space; provide for the economical development of the site and the more efficient use of public

facilities; promote an improved level of amenities, appropriate and harmonious variety, creative

design, and a more attractive environment; and provide greater opportunities for better housing.

(b) In accordance with 24 V.S.A. Sections 4417, and within specified districts, these zoning regulations

may be modified by the planning commission to allow planned unit developments, subject to the

standards and procedures of this Article.

(a) A PUD may be located in these districts: Village, Commercial Districts, Residential I, Residential II,

and Residential III.

(b) A planned unit development may include within its area any permitted or conditional use in the district

in which it is located

(c) The Planning Commission may allow for a greater density or intensity of residential land use within

some section or sections of the development than within others, which shall be offset by a lesser

density in any other section.

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(a) Scenic assets and natural features shall be protected and preserved to the greatest extent feasible.

Specifically:

(1) areas of archeological or historic significance;

(2) floodplains, streams, wetlands and associated buffers and areas with steep slopes, aquifer

recharge areas; and protected forest lands;

(3) unique or unusual topographical features;

(4) individual trees or stands of trees of unusually large size or great age;

(5) Connected wildlife habitats or migration corridors located on the property.

(b) A PUD site shall be planned and developed in such a manner to reduce or eliminate negative impacts

on surrounding property whether presently developed or not. This shall be achieved through such

techniques as buffer areas at the site perimeter, screening and landscaping and site design and

layout.

(c) Integrated architectural design shall be used for buildings, structures, landscaping, and common open

areas.

(d) When a PUD site includes a mixture of land uses, such as residential and/or recreational and/or

commercial, the development of each use shall occur within a timetable that insures the accessory

buildings (i.e. tennis courts, shops) are completed before or at the same time as the primary buildings

(i.e. housing units).

(e) All new or proposed utilities shall be underground, unless waived by the Commission because of

unusual terrain conditions.

(f) Active or passive solar or other energy conservation or efficiency methods will be encouraged.

(g) Principal vehicular access to a PUD shall be from streets and roads that are capable of supporting

existing and anticipated volumes of traffic, based on the ultimate build out. Access points shall be

designed to provide smooth flow, controlled turning movements, and minimum hazard to vehicular

or pedestrian traffic. Merging lanes, deceleration lanes, left-turn stacking lanes, and/or traffic dividers

shall be provided where existing or anticipated heavy flows of traffic indicate such need as

determined by a professional traffic engineer.

(h) In order to separate automobile and pedestrian circulation and to increase accessibility to common

open space areas, pedestrian walkways will be provided wherever feasible.

(i) For emergency vehicle access, streets ending in a cul-de-sac shall not be greater than 600 feet in

length, unless the roadway width is at least 28 feet and cul-de-sac turnarounds are at least 90 feet

in diameter.

(j) The applicant shall meet all applicable State of Vermont regulations for discharge and the design of

drainage facilities, including storm water treatment practices and sizing criteria set forth in the Vermont

Stormwater Management Manual Volumes I and II as most recently amended, and shall take

particular care in the design of drainage facilities to preserve or enhance the quality of any adjacent

bodies of water.

(k) Dwelling units shall be assured reasonable visual and aural privacy.

(l) Screening of parking and service areas from adjacent structures may be required by the use of trees,

shrubs, hedges, and screening walls or fences. Landscaping within large parking lots shall be

required and shall be subject to approval by the Planning Commission.

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(m) Not less than 50 percent of the area of the property shall be usable open space devoted to gardens,

patios, walkways, recreational areas, or forest, which are accessible and available for the collective

use and benefit of the occupants of the development.

(n) In calculating usable open space, the Planning Commission may determine that all or part of stream

areas, bodies of water, drainage easements, and slopes in excess of 15 percent may be included by

considering:

(1) the extent of these areas in relation to the area of the planned unit development or the

planned residential development; and

(2) the degree to which these areas contribute to the quality, livability, and amenity of the

planned unit development or the planned residential development.

(o) A maximum of one-half of the required open space may be areas covered by water.

(p) Significant natural features such as woodland areas, large trees, natural watercourses and bodies

of water, rock outcroppings, and scenic views shall be incorporated into common open space areas

whenever possible. No less than 10 percent nor more than 40 percent of the total common open

space area shall be suitable for intensive use as an active recreation area.

(q) All common open space development rights in a planned unit development must be conveyed to the

municipality, to a funded trust approved by the town, or to a home owner's association. The terms

of the conveyance must include adequate provisions for guaranteeing:

(1) the continued use of the land for the intended purposes;

(2) continuance of proper maintenance of the open space; and

(3) the availability of funds for proper open space maintenance.

(r) Any Home Owners' Association (Association) shall be a nonprofit corporation with automatic

ownership in the association when property is purchased in the planned until development or the

planned residential development. Provisions governing the Association shall include, but not be

limited to, the following:

(1) The Association must be formed before the units are sold;

(2) Membership in the Association must be mandatory for each buyer and any successive buyer;

(3) If the common open space is deeded to the Association, the open space restrictions must

be permanent;

(4) The Association must be responsible for liability insurance, municipal taxes, and the

maintenance of recreational and other facilities;

(5) Owners must pay their pro rata share of the cost. The assessment levied by the Association

can become a lien on the property if not paid when due;

(6) The Association must be able to adjust the assessment to meet changing needs of the PUD

or PRD.

(s) PUDs and PRDs shall be planned to avoid areas of steep slopes, surface waters and wetlands

pursuant to the minimum requirements of Section 317 and Section 417 of this zoning regulation.

(a) The minimum size of a PUD shall be 5 acres.

(b) The setback of the buildings and structures around the perimeter of the PUD shall be 50 feet in the

commercial and village districts and 200' in the residential district.

(c) No greater number of dwelling units and other uses shall be included in the PUD than would be

permitted if the same site and uses were developed conventionally under the standards of Section

540, except as provided in Section 805 below.

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(d) Setback requirements between structures within a PUD, set forth in each applicable zoning district,

may be reduced by the planning commission where such reduction support the goals of this Article.

(a) Residential increases in density may be granted subject to the following conditions, which shall be

treated as additive and not compounded.

(b) Character, identity, and architectural and sitting variation incorporated in a development shall be

considered reason for density increases not to exceed 33 1/3 percent, provided these factors make

a substantial contribution to the objectives of the Town Plan and these Regulations . Such variations

may include, but are not limited to, the following:

(1) Landscaping (maximum increase 9 percent). Streetscape, open spaces and plazas, use of

existing landscape, pedestrian way treatment, and recreational areas.

(2) Siting (maximum increase of 8 percent). Visual focal points, use of existing physical

features, such as, topography, view, sun and wind orientation, circulation pattern, physical

environment, clustering, variation in building setbacks and the underground installation of

utilities.

(3) Design features (maximum increase of 8 percent). Street sections, architectural styles,

harmonious use of materials, parking areas broken by landscape features, varied use of

house types.

(4) Environmental features (maximum increase of 8.33% in assessing such environmental

features, the Planning Commission shall refer to the Vermont Green Building Council

guidelines.

(c) In no case shall the total density increase exceed 33 1/3 percent and the increase in density allowed

shall be discretionary on the part of the Planning Commission, based on the improvements presented

by the applicant.

(a) A PUD application shall be reviewed by the Planning Commission and may also constitute a

simultaneous review for approval of site plan review and subdivision permit.

(b) Pre-Application Conference

(1) One or more pre-application 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.

(2) The applicant shall submit to the Planning Commission sketch plans and basic site

information with respect to proposed land uses, adjacent land uses, proposed density, and

the treatment of open space.

(3) The Planning Commission shall furnish the applicant with written comments and appropriate

recommendations with respect to the pre-application conference, to inform and assist the

applicant in the preparation of the preliminary planned unit development or planned

residential development application.

(c) Preliminary Development Plan Application and Review

(1) All planned unit development applications shall be submitted to the Planning Commission in

accordance with Section 1003

(2) After reviewing the preliminary development plan application, the Planning Commission shall

advise the applicant of any specific changes or additions it will require as a condition of

approval of the planned unit development or the planned residential development proposal.

Preliminary approval shall constitute authorization to prepare and submit a final development

plan application and shall be effective for a period of one year.

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(a) Following approval of the preliminary development plan, the applicant shall file with the Planning

Commission an application for final approval. The application shall include all fees and specific

information on all changes in, or modifications of, the approved preliminary application.

(b) All additional materials, maps, or information required by any subdivision bylaws in effect must be

included with the development application.

(a) Planned unit developments to be constructed in multiple phases shall require a zoning permit for each

phase, which shall be issued by the Administrative Officer if the application conforms to the overall

PUD approval and if the terms of PUD approval have not been violated.

(b) Any substantive changes to an approved PUD shall be processed as a new application for PUD

approval and shall meet all standards and criteria and procedural requirements.

(a) The Selectboard shall appoint an Administrative Officer from nominations submitted by the Planning

Commission for a term of three (3) years in accordance with the 24 V.S.A §4448. The Selectboard

may remove an Administrative Officer for cause at any time after consultation with the Planning

Commission.

(b) An acting Administrative Officer may be appointed by the Selectboard, from nominations submitted

by the Planning Commission, who shall have the same duties and responsibilities of the

Administrative Officer in the Administrative Officer’s absence or conflict of interest.

(c) The Administrative Officer shall literally administer and strictly enforce the provisions of these

regulations, and in doing so shall inspect development, maintain records, and perform other related

tasks as is necessary and appropriate.

(d) In addition, the Administrative Officer shall coordinate the municipality’s development review

programs. The Administrative Officer shall provide the applicant with any requested forms for other

municipal permits. The Administrative Officer may also inform any person applying for municipal

permits or authorizations that they should contact the Vermont Agency of Natural Resource’s

Regional Permit Specialist to assure timely action on any related state permits. The applicant retains

the obligation to identify, apply for, and obtain all relevant permits.

(a) The Planning Commission shall consist of not less than three (3) nor more than nine (9) members

appointed by the Selectboard in accordance with 24 V.S.A. §§4321– 4323. At least a majority of

members shall be residents of the municipality. Any member of the Commission may be removed

at any time by a unanimous vote of the Selectboard.

(b) The Planning Commission shall adopt rules of procedure and rules of ethics with respect to conflicts

of interest to guide its official conduct, as required under the Act §4461(a) and Vermont’s Open

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Meeting Law. The Commission shall have all powers and duties as set forth in the Act to administer

the provisions of these regulations, including but not limited to the power to hear and act upon:

(1) to prepare proposed amendments to these regulations, and consider proposed amendments

submitted by others, including amendments submitted by petition;

(2) to prepare and approve written reports on any proposed amendment to these regulations as

required by the Act §4441(c);

(3) to hold one or more warned public hearings on proposed amendments to these regulations,

prior to submission of a proposed amendment and written report to the Legislative Body

§4441(d);

(4) applications for rights-of-way or easements for development lacking frontage;

(5) applications for site plan approval;

(6) applications for subdivision approval; and,

(7) applications for planned unit development.

(a) The Zoning Board of Adjustment shall consist of not less than three (3) nor more than nine (9)

members appointed by the Selectboard for specified terms in accordance with the Act §4460(b) and

(c). The Selectboard also may appoint alternates, for specified terms, to serve on the Board in

situations when one or more members of the Board are disqualified or are otherwise unable to serve.

Any member of the Zoning Board of Adjustment may be removed for cause by the Selectboard upon

written charges and after public hearing.

(b) The Board shall adopt rules of procedure and rules of ethics with respect to conflicts of interest to

guide its official conduct, as required under the Act §4461(a) and Vermont’s Open Meeting Law. The

Board shall have all powers and duties as set forth in the Act to administer the provisions of these

regulations, including but not limited to the power to hear and act upon:

(1) appeals from any decision, act or failure to act by the Administrative Officer, and any

associated variance requests;

(2) applications for conditional use approval;

(3) applications for the repair, relocation, replacement, or enlargement of a nonconforming

structure within a regulated flood hazard area; and,

(4) applications regarding nonconforming uses.

(a) No land development as defined herein, which is subject to these regulations, shall be commenced

in the Town of Mendon until a zoning permit has been issued by the Administrative Officer, as

provided for in the Act §§4448, 4449.

(b) Any use not permitted by these regulations shall be deemed to be prohibited.

No zoning permit shall be required for the following activities:

(1) Accepted agricultural practices (AAPs), including the construction of farm structures, as

those practices are defined by the Secretary of Agriculture, Food and Markets, in accordance

with the Act §4413(d). Written notification, including a sketch plan showing structure setback

distances from road rights-or-way, property lines, and surface waters shall be submitted to

the Administrative Officer prior to any construction, as required for AAPs. Such structures

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shall meet all setback requirements under these regulations, unless specifically waived by

the Secretary of Agriculture.

(2) Accepted management practices (AMPs) for silviculture (forestry) as those practices are

defined by the Commissioner of Forests, Parks and Recreation, in accordance with the Act

§4413(d).

(3) Power generation and transmission facilities, which are regulated under 30 V.S.A. §248 by

the Vermont Public Service Board. Such facilities, however, should conform to policies and

objectives specified for such development in the Mendon Town Plan.

(4) Hunting, fishing, and trapping as specified under 24 V.S.A §2295 on private or public land.

This does not include facilities supporting such activities, such as firing ranges or rod and gun

clubs, which for the purposes of these regulations are defined as outdoor recreation facilities

or other use.

(5) Subdivisions of land that require subdivision approval.

(6) Normal maintenance and repair of an existing structure which do not result in exterior

alterations or expansion or a change of use.

(7) Interior alterations to a structure which do not result in exterior alterations or expansion or a

change in use.

(8) Exterior alterations to structures which do not result in any change to the footprint or height

of the structure or a change in use.

(9) Residential entry stairs and landings (excluding decks and porches) which do not extend into

setbacks, extend into or obstruct public rights-of-way, or interfere with corner visibilities or

sight distances for vehicular traffic.

(10) Handicap access ramps, walkways, and fences or walls less than four (4) feet in height which

do not extend into or obstruct public rights-of-way, or interfere with corner visibilities or sight

distances for vehicular traffic.

(11) Minor grading and excavation associated with road and driveway maintenance (e.g.,

including culvert replacement and resurfacing), and lawn and yard maintenance (e.g., for

gardening or landscaping), or which is otherwise incidental to an approved use. This

specifically does not include extraction and quarrying activities.

(12) Except as provided in Section 417, outdoor recreational trails (e.g., walking, hiking, cross-country

skiing and snow mobile trails) which do not require the installation of structures or

parking areas.

(13) Small accessory buildings associated with residential uses which are less than 100 square

feet of floor area and less than twelve (12) feet in height, and are not located within required

setback areas.

(14) Garage sales, yard sales, auctions, or similar activities that do not exceed three (3)

consecutive days, nor more than twelve (12) total days in any calendar year.

Application Requirements. An application for a zoning permit shall be filed with the Administrative Officer on

form(s) provided by the municipality. Required application fees, as set by the Legislative Body, also shall be

submitted with each application. Two copies of the following information will be required, as applicable:

(1) Permitted Uses. Applications for a permitted use shall include a sketch plan, no smaller that

8.5” x 11”, drawn to scale, that depicts the following:

(A) the dimensions of the lot, including existing property boundaries, road rights-of-way,;

(B) the location of existing trees or tree groupings, slopes, wetlands, waterways and

significant natural features within 200 feet of the proposed development;

(C) the location, footprint and height of existing and proposed structures or additions,

(D) existing and required setbacks from property boundaries;

(E) the location of existing and proposed accesses (curb cuts), driveways and parking

areas;

(F) the location of existing and proposed easements and rights-of-way;

49

(G) the location of existing and proposed water, wastewater, and storm water

management systems;

(H) a surveyor’s plot plan of the property, if available; and,

(I) other such information as required by the Administrative Officer to determine

conformance with these regulations.

(2) Uses Subject to Development Review. For development requiring one or more approvals

from the Zoning Board of Adjustment or Planning Commission prior to the issuance of a

zoning permit, application information and fees as required for such approvals shall be

submitted concurrently with the application for a zoning permit. In addition to the

requirements under Section 1003 (1), the applicant shall submit two copies of the following

information in drawn form, accompanied by written text:

(A) Name and address of the owner of record and adjoining lands, name and address

of person or firm preparing the map, north point, date, and scale of map not less

than 1" to 20' unless the Planning Commission or Zoning Board of Adjustment

determines that a different scale is needed to adequately show the sizes and

relationship of the various parts of the plan.

(B) Survey of the property showing existing features, including contours, structures,

streets, utility easements, rights of way, land use and deed restrictions.

(C) Site plan showing proposed structure(s), locations and land use areas; streets,

driveways, traffic circulation, parking and loading spaces and pedestrian walks;

landscaping plans, including site grading, landscape design and screening.

(D) Construction sequence and time schedule for completion of each phase for

buildings, parking spaces and landscaped areas of the entire development.

(E) A written statement from the city of Rutland Fire Department (or such other entity

that may be responsible for fire protection in Mendon) that the development is not

of a nature such that adequate fire protection will not be available.

(3) Planned Unit Development Review: For all planned unit development application, in addition

to the requirements under Section 1003 (1) and (2), the applicant shall submit two copies of

the following information in drawn form, accompanied by written text:

(A) A 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 or number of days when

construction of the planned unit development or planned residential development or

stages of the planned unit development or planned residential development can be

expected to begin and be completed;

(C) Quantitative data indicating the total number and type of dwelling units, parcel size,

proposed lot coverage of buildings and structures, approximate gross and net

residential densities, amount of usable open space, and total amount of

nonresidential and institutional construction;

(D) The location and size of all land areas to be conveyed, dedicated, or reserved as

common open space, parks, recreational areas, school sites, etc.;

(E) Existing and proposed utility systems;

(F) Method of wastewater disposal;

(G) Method of storm water management

(H) Unique natural features;

(I) The proposed treatment of the perimeter of the planned unit development including

materials and techniques used for buffers and scenery;

(J) Any additional information required by the planning commission to enable it to

evaluate the character and impact of the proposed planned unit development

(4) Activities subject to Flood Hazard Area Approval. Any application for development within the

Flood Hazard Overlay District shall include copies of application information as required for

referral to the Vermont Agency of Natural Resources in accordance with the Act §4424(D).

The Administrative Officer shall mail or deliver this copy to the Agency of Natural Resources.

In addition to applicable requirements of Section 1003 (1) and (2), every application shall

contain the following additional information in order to meet the requirements of the National

50

Flood Insurance Program floodplain management regulations (44 CFR Parts 59 and 60)

[Permitted open space uses shall be exempt from the requirements of paragraphs B, D, and

E below]:

(A) The existing and proposed land contours, streams, roads, other pertinent physical

features, buildings and structures;

(B) The elevation of the lowest habitable floor, including the basement of new or

substantially improved structures and confirmation as to whether such structure

contains a basement;

(C) Proposed location of fill and/or storage of materials;

(D) Proposed flood proofing measures and the level to which any structure will be flood

proofed;

(E) Base flood elevation for subdivisions and developments which involve more than 50

lots or 5 acres (whichever is smaller);

(F) The status of all necessary permits required by Federal or State law;

(G) A description of the extent of which any watercourse will be altered or relocated as

a result of the proposed development;

(H) Any clarifying or supplementary information and data necessary to pass upon the

application;

(I) The relationship of the proposal to the location of the channel;

(J) The extent of the flood hazard area and the base flood elevation using the best

information available; and,

(K) A demonstration that all necessary permits required by Federal or State laws have

been obtained.

(L) Proposed Erosion Control Measures, both temporary (during construction) and

permanent.

A zoning permit shall be issued by the Administrative Officer only in accordance with the Act §4449 and the

following provisions:

(1) Within thirty (30) days of receipt of a complete application, including all application materials,

fees, the Administrative Officer shall act to either issue or deny a zoning permit in writing

(including reasons therefore if denied), or to refer the application to the Planning

Commission, Zoning Board of Adjustment, and/or State for consideration. In accordance with

the Act §§4448, 4449, if the Administrative Officer fails to act within the 30-day period, a

permit shall be deemed issued on the 31st day.

(2) No zoning permit shall be issued by the Administrative Officer for any use or structure which

requires the approval of the Planning Commission, Zoning Board of Adjustment, or

Legislative Body until such approval has been obtained.

(3) Prior to issuing a permit within the Flood Hazard Area, a copy of the application and

supporting information shall be submitted by the administrative officer to the State National

Floodplain Insurance Program Coordinator at the Vermont Agency of Natural Resources,

Department of Environmental Conservation, River Management Section in accordance with

24 V.S.A. § 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.

(4) Adjacent communities and the Stream Alteration Engineer at the Vermont Agency of Natural

Resources, Department of Environmental Conservation, River Management Section shall be

notified at least 30 days prior to issuing any permit for the alteration or relocation of a

watercourse and copies of such notification shall be submitted to the Administrator of the

National Flood Insurance Program. Any permit issued shall assure that the flood carrying

capacity within the altered or relocated portion of any watercourse is maintained.

(5) If public notice has been issued by the Selectboard for their first public hearing on a proposed

amendment to these regulations, for a period of 150 days following that notice the

Administrative Officer shall review any new application filed for compliance with the proposed

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bylaw or amendment or applicable existing bylaws so long as the existing bylaws are not in

conflict with proposed bylaw or amendment. If the existing bylaws are in conflict with the

proposed bylaw or amendments, the proposed amendments shall prevail. If the new bylaw

or amendment has not been adopted by the conclusion of the 150 day period, or if the

proposed bylaw or amendment is rejected, the permit shall be reviewed under all applicable

provisions of this bylaw §4449(d). An application that has been denied under a proposed

bylaw or amendment that has been rejected or that has not been adopted with the 150-day

period shall be reviewed again, at no cost, under the existing bylaws, upon written request

of the applicant.

(6) A zoning permit shall include a statement of the time within which appeals may be taken, and

shall require posting of a notice of permit, on a form prescribed by the municipality, within

view of the nearest public right-of-way until the time for appeal has expired.

(7) The Administrative Officer, within three (3) days of the date of issuance, shall deliver a copy

of the zoning permit to the Listers; and shall post a copy of the permit in the municipal offices

for a period of fifteen (15) days from the date of issuance.

(8) Pursuant to 24 VSA § 4414 (23), the Administrative Officer may condition or prohibit the

commencement of construction authorized by the zoning permit until a wastewater and

potable water supply permit is issued under 10 VSA Chapter 64.

(a) No zoning permit shall take effect until the fifteen (15) day time for appeal has passed. In the event

that a notice of appeal is properly filed, the provisions of 24 VSA § 4449(a)(2) shall apply.

(b) If the zoning permit is approved, construction must be commenced within one year of its date of

issuance and completed within two years of issuance of the permit or the zoning permit shall become

null and void and reapplication with fees for a new permit will be required.

(a) Requirement. It shall be unlawful to use, 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 until a Certificate of Occupancy is issued therefore by the Administrative Officer,

stating that the proposed use of the land or structure conforms to the provisions of these regulations

and the terms of any and all permits issued hereunder. A Certificate of Occupancy shall not be

issued until the following conditions are met:

(1) The applicant has received all necessary State and local permits, including water and / or

wastewater permits from the Town, the City of Rutland, or the Vermont Agency of Natural

Resources

(2) State of Vermont Department of Labor and Industry occupancy approval letter pursuant to

Section 8(4) of the Vermont Fire Prevention Code (effective 1/1/80 or as amended) is

submitted for all structures requiring such approval by the Vermont Fire Prevention Code.

(3) Certification by the licensed designer of the septic system that it was installed according to

the approved plans.

(b) Issuance. Within ten (10) days after notification by the permittee that a building or structure or

premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative

Officer to make a final inspection thereof and issue a Certificate of Occupancy if the land, building,

structure, or part thereof is found to conform with the provisions of these regulations.

(c) Refusal. If the Administrative Officer, after such final inspection, refuses to issue a Certificate of

Occupancy, he shall state such refusal and cause therefore in writing and immediately mail notice

of such refusal to the applicant at the address indicated on the application.

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Any interested person as defined under the Act §4465 may appeal a decision or act of the Administrative

Officer within 15 days of the date of the decision or act by filing a notice of appeal with the Secretary of the

Zoning Board of Adjustment, or the Municipal Clerk if no Secretary has been elected, and by filing a copy of

the notice with the Administrative Officer.

(1) The Board shall hold a public hearing on a notice of appeal within 60 days of its filing, as

required under the Act §4468. The Board shall give public notice of the hearing and mail a

copy of the hearing notice to the appellant not less than 15 days prior to the hearing date.

(2) The Board may reject an appeal or request for reconsideration without hearing, and render

a decision which shall include findings of fact within 10 days of the filing of a notice of appeal,

if the Board determines that the issues raised by the appellant have been decided in an

earlier appeal or are based on substantially or materially the same facts by or on behalf of

the appellant §4470.

(3) In accordance with the Act §4468, all appeal hearings shall be open to the public and the

rules of evidence applicable at these hearings shall be the same as the rules of evidence

applicable in contested cases in hearings before administrative agencies as set forth in state

statutes 3 V.S.A. §810. Any interested person or body may appear and be heard in person

or be represented by an agent or attorney at the hearing. The hearing may be adjourned by

the Board from time to time, provided that the date and place of the adjourned hearing shall

be announced at the hearing.

(4) The Board may recess the proceedings on any application pending submission of additional

information. The Board should close the evidence promptly after all parties have submitted

the requested information.

(5) A decision on appeal shall be rendered within 45 days after the final adjournment of the

hearing, as required under the Act §4464(b). The decision shall be sent by certified mail to

the appellant within the 45 day period. Copies of the decision shall be mailed to every person

or body appearing and having been heard at the hearing, and filed with the Administrative

Officer and the Municipal Clerk as part of the public records of the municipality. Failure of

the Board to issue a decision within this 45 day period shall be deemed approval and shall

be effective on the 46th day.

The definition of an interested person under the Act §4465(b) includes 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 Town of Mendon or any adjoining municipality;

(3) A person owning or occupying property in the immediate neighborhood of a property which

is the subject of a decision or act taken under these regulations, 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 (10) voters or property owners within the municipality who, by signed petition to the

Zoning Board of Adjustment, allege that any relief requested by a person under this section,

if granted, will not be in compliance with the policies, purposes or terms of the plan or

regulations of the municipality; and

(5) Any department or administrative subdivision of the state owning property or any interest

therein within the municipality or adjoining municipality, and the Vermont Agency of

Commerce and Community Development.

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A notice of appeal filed under this section shall be in writing and include the following information, in

accordance with the Act §4466:

(1) the name and address of the appellant;

(2) a brief description of the property with respect to which the appeal is taken;

(3) a reference to applicable provisions of these regulations;

(4) the relief requested by the appellant, including any request for a variance from one or more

provisions of these regulations; and,

(5) the alleged grounds why such relief is believed proper under the circumstances.

In accordance with the Act §4471, an interested person who has participated in a regulatory proceeding of

the Planning Commission or Zoning Board of Adjustment may appeal a decision within 30 days of such

decision, to the Vermont Environmental Court. Appeals to Environmental Court shall also meet the following

requirements:

(1) “Participation” in a Commission or Board proceeding shall consist of offering, through oral

or written testimony, evidence of a statement of concern related to the subject of the

proceeding.

(2) The notice of appeal shall be filed by certified mailing, with fees, to the Environmental Court

and by mailing a copy to the Municipal Clerk, or the Administrative Officer if so designated,

who shall supply a list of interested persons (including the applicant if not the appellant), to

the appellant within five (5) working days. Upon receipt of the list of interested persons, the

appellant shall, by certified mail, provide a copy of the notice of appeal to every interested

person. If any one or more of those persons are not then parties to the appeal, upon motion

they shall be granted leave by the court to intervene.

The Zoning Board of Adjustment shall hear and decide requests for variances as required by the Act §4469(a)

and appeal procedures under Article XI. In granting a variance, the Board may impose conditions it deems

necessary and appropriate under the circumstances to implement the purposes of these regulations and the

municipal plan currently in effect. The Board may grant a variance and render a decision in favor of the

appellant only if all of the following facts are found, and the findings are specified in its written decision:

(1) There are unique physical circumstances or conditions, including irregularity, narrowness,

or shallowness of lot size or shape, or exceptional topographical or other physical conditions

peculiar to the particular property, and that unnecessary hardship is due to these conditions

and not the circumstances or conditions generally created by the provisions of these

regulations in the neighborhood or district in which the property is located;

(2) Because of these physical circumstances or conditions, there is no possibility that the

property can be developed in strict conformity with the provisions of these regulations and

that the authorization of a variance is necessary to enable the reasonable use of the property;

(3) The unnecessary hardship has not been created by the appellant;

(4) The variance, if authorized, will not alter the essential character of the neighborhood or

district in which the property is located, substantially or permanently impair the appropriate

use or development of adjacent property, reduce access to renewable energy resources, or

be detrimental to the public welfare; and

(5) The variance, if authorized, will represent the minimum that will afford relief and will represent

the least deviation possible from these regulations and from the plan.

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Where a variance is requested for a structure that is primarily a renewable energy resource structure, in

accordance with the Act §4469(b), the Board may grant such variance only if all of the following facts are

found in the affirmative and specified in its written decision:

(1) It is unusually difficult or unduly expensive for the appellant to build a suitable renewable

energy resource structure in conformance with these regulations;

(2) The hardship was not created by the appellant;

(3) The variance, if authorized, will not alter the essential character of the neighborhood or

district in which the property is located, substantially or permanently impair the appropriate

use or development of adjacent property, reduce access to renewable energy resources, nor

be detrimental to the public welfare; and,

(4) The variance, if authorized, will represent theminimumthatwill afford relief and will represent

the least deviation possible from these regulations and from the plan.

(a) In addition to requirements under Section 1201, variances for development within the Flood Hazard

Overlay District shall be granted by the Board only:

(1) In accordance with the Act and the criteria for granting variances found in CFR Section 60.6

of the National Flood Insurance Program;

(2) Upon determination that during the base flood discharge the variance will not result in

increased flood levels; and,

(3) Upon determination that the structure or other development is protected by methods that

minimize flood damages during the base flood and create no additional threats to public

safety.

(b) For approved variances, the Secretary of the Zoning Board of Adjustment shall notify the applicant

and include on the permit a notation that:

(1) The structure is located below the base flood elevation will result in increased premium rates

for flood insurance and increases the risk of life and property; and,

(2) The structure is located in a regulated flood hazard area, does not conform to the bylaws

pertaining thereto, and will be maintained at the risk of the owner.

The commencement or continuation of any land development that does not meet the requirements of these

regulations shall constitute a violation. All violations shall be pursued in accordance with the Act §§4451,

4452. Each day that a violation continues shall constitute a separate offense. The Administrative Officer shall

institute, in the name of the Town of Mendon, any appropriate action, injunction or other proceeding to enforce

the provisions of these regulations. All fines imposed and collected shall be paid over to the municipality.

No action may be brought under this section unless the alleged offender has had at least seven (7) days’

warning notice by certified mail that a violation exists, as required under the Act §4451. The notice of violation

also shall be recorded in the land records of the municipality under Section 1501. The notice shall state that

a violation exists, that the alleged offender has an opportunity to cure the violation within the seven-day notice

period, and that the alleged offender will not be entitled to an additional warning notice for a violation occurring

after the seven days. Action may be brought without notice and opportunity to cure if the alleged offender

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repeats the violation of the regulations after the seven-day notice period and within the next succeeding 12

months.

An action, injunction or other enforcement proceeding relating to the failure to obtain or comply with the terms

and conditions of any required or duly recorded municipal land use permit may be instituted against the

alleged offender if the action, injunction or other enforcement proceeding is instituted within 15 years from the

date the alleged violation first occurred, and not thereafter, in accordance with the Act §4454. The burden

of proving the date the alleged violation first occurred shall be on the person against whom the enforcement

action is instituted. No enforcement proceeding may be instituted to enforce an alleged violation of a

municipal land use permit unless the permit or a notice of the permit has been recorded in the land records

of the municipality under Section 1501. Nothing contained in these provisions shall limit other legal and

equitable remedies available to the Town.

All development review applications before the Planning Commission or Zoning Board of Adjustment shall

require notice, as follows:

(1) In accordance with the Act §4464, a warned public hearing shall be required for conditional

use review, appeals of decisions of the administrative officer, variances and a final plat

review for subdivision. Any public notice for a warned public hearing shall be given not less

than 15 days prior to the date of the public hearing by all of the following:

(A) Publication of the date, place and purpose of the hearing in a newspaper of general

circulation in the municipality;

(B) Posting of the same information in three (3) or more public places within the

municipality, including the posting of a notice within view from the public right-of-way

nearest to the property for which the application is being made;

(C) Written notification to the applicant and to owners of all properties adjoining the

property subject to development, without regard to public rights-of-way, which

includes a description of the proposed project, information that clearly informs the

recipient where additional information may be obtained, and that participation in the

local proceeding is a prerequisite to the right to take any subsequent appeal; and,

(D) For hearings on subdivision plats located within 500 feet of a municipal boundary,

written notification to the clerk of the adjoining municipality.

(2) Public notice of all other types of development review hearings, including site plan review,

shall be given not less than seven (7) days prior to the date of the public hearing, and shall

at minimum include the following:

(A) Posting of the date, place and purpose of the hearing in three (3) or more public

places within the municipality; and

(B) Written notification to the applicant and to owners of all properties adjoining the

property subject to development, without regard to public rights-of-way, which

includes a description of the proposed project, information that clearly informs the

recipient where additional information may be obtained, and that participation in the

local proceeding, is a prerequisite to the right to take any subsequent appeal.

(3) The applicant shall be required to bear the cost of public warning and the cost and

responsibility of notifying adjoining landowners as required above, as determined from the

current municipal grand list. The applicant may be required to demonstrate proof of delivery

to adjoining landowners either by certified mail, return receipt requested, or by written notice

hand delivered or mailed to the last known address supported by a sworn certificate of

service.

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(4) No defect in the form or substance of any required public notice under this section shall

invalidate the action of the Planning Commission or Zoning Board of Adjustment where

reasonable efforts have been made to provide adequate posting and notice. However, the

action shall be invalid when the defective posting or notice was materially misleading in

content. If an action is ruled to be invalid by the Zoning Board of Adjustment or the

Environmental Court, the action shall be remanded to the Board to provide new posting and

notice, hold a new hearing, and take a new action.

(a) In accordance with the Act §4461, all meetings and hearings of the Planning Commission or Zoning

Board of Adjustment, except for deliberative sessions, shall be open to the public. For the conduct

of any hearing, and the taking of any action, a quorum shall be not less than the majority of members

of the Commission or Board. The Board or Commission, in conjunction with any hearing under this

bylaw, may:

(1) examine or caused to be examined any property, maps, books, or records bearing upon the

matters concerned in that proceeding;

(2) require the attendance of any person having knowledge in the premises;

(3) take testimony and require proof material for its information; and

(4) administer oaths or take acknowledgment in respect of those matters.

(b) In any public hearing there shall be an opportunity for each person wishing to achieve status as an

interested person to demonstrate that the criteria. The Planning Commission or Zoning Board of

Adjustment shall keep a record of the name, address, and participation of each of these persons.

Any action or decision of a Planning Commission or Zoning Board of Adjustment shall be taken by the

concurrence of a majority of the members of the Commission or Board. In accordance with the Act §4464(b),

the Commission or Board shall issue a decision within 45 days after the adjournment of the hearing. Failure

to issue a decision within the 45-day period shall be deemed approval and shall be effective the 46th day. In

addition:

(1) All decisions shall be issued in writing and shall separately state findings of fact and

conclusions of law. Findings of fact shall explicitly and concisely restate the underlying facts

that support the decision, based exclusively on evidence of the record. Conclusions shall be

based on the findings of fact. The decision shall also include a statement of the time within

which appeals may be taken. The minutes of a meeting may suffice, provided that the

factual basis and conclusions relating to the review standards are provided in accordance

with these requirements.

(2) In rendering a decision in favor of the applicant, the Planning Commission or Zoning Board

of Adjustment may attach additional reasonable conditions and safeguards as it deems

necessary to implement the purposes of the Act, these regulations, and the municipal plan

currently in effect. This may include, as a condition of approval:

(A) Submission of a three-year performance bond, escrow account, or other form or

surety acceptable to the Mendon Selectboard, which may be extended for an

additional three-year period with the consent of the owner, to assure the completion

of a project, adequate stabilization, or protection of public facilities that may be

affected by a project; and/or

(B) a requirement that no zoning permit be issued for an approved development until

required improvements have been satisfactorily installed in accordance with the

conditions of approval.

(3) All decisions of a Planning Commission or Zoning Board of Adjustment shall be sent by

certified mail, within the required 45-day period, to the applicant or the appellant on matters

of appeal. Copies of the decision also shall bemailed to every person or body appearing and

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having been heard at the hearing, and filed with the Administrative Officer and Clerk as part

of the public record of the municipality.

(a) Within 30 days of the issuance of amunicipal land use permit or notice of violation, the Administrative

Officer shall deliver either the original, a legible copy, or a notice of the permit or violation to the

Municipal Clerk for recording in the land records of the municipality generally as provided in 24 V.S.A.

§1154(c), and file a copy in the Municipal Office in a location where all municipal land use permits

shall be kept, as required under the Act §4449(c). The applicant may be charged for the cost of the

recording fees.

(b) For development within the Flood Hazard Overlay District, the Administrative Officer shall also

maintain a record of:

(1) All permits issued for development in areas of special flood hazard;

(2) Elevation certificates that show the elevation, in relation to mean sea level, of the lowest floor,

including basement, of all new or substantially improved buildings;

(3) The elevation, in relation to mean sea level, to which buildings have been flood proofed;

(4) All floodproofing certifications required under this regulation; and

(5) All variance actions, including the justification for their issuance.

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Except where specifically defined herein, all words used in these regulations shall carry their customary

meanings. Words used in he present tense include the future, and the singular includes the plural; the word

"lot" includes "plot"; 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, corporation, company or organization.

Abandon - Failure to use the property for its intended use.

Accessory Use or Structure - A use or building customarily incidental and subordinate to the principal use

or building and located on the same lot.

Accessory Dwelling Unit - An efficiency or one-bedroom apartment, located within or appurtenant to an

owner-occupied single-family dwelling, that is clearly subordinate to a single-family dwelling, and has facilities

and provisions for independent living, including sleeping, food preparation, and sanitation, provided there is

compliance with Section 603 of these regulations. 24 VSA §4412(1)(E).

Act - Vermont Municipal and Regional Planning and Development Act, 24 V.S.A., Chapter 117.

Area of special flood hazard - See “special flood hazard area”

Base Flood - The flood having a one percent chance of being equaled or exceeded in any given year.

Base Flood Elevation - the height of the base flood, 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 average depth of the base flood, usually in feet, above the ground surface.

Basement - Any area of the building having its floor subgrade (below ground level) on all sides.

Bed and Breakfast - An owner-occupied lodging facility located within a residential dwelling with up to six

rooms for transient guests.

Bedroom - A room with an area of at least 60 square feet, a closet, at least one window, and one interior

method of entry and exit.

Building - A walled and roofed structure to shelter people, animals, or goods.

Building Height - Height of building or "height" or "building height", means the exterior vertical perpendicular

distance from the lowest point of the finished grade immediately adjoining the building to the finished floor

level of the highest floor used as living quarters or used to otherwise accommodate or be occupied by people,

or if not designed to be occupied by people, used for the activity proposed and approved for the building; for

residential or non-residential purposes, to include balconies and lofts. For a building set into a hill or slope,

the height shall be measured from the side of the building having the maximum height differential.

Camp - Land on which is located a shelter or other accommodation suitable for seasonal or temporary living

purposes.

Club, Private - Building or use catering exclusively to club members and their guests for recreational

purposes, and not operated primarily for profit.

Community Center - Includes public or private meeting hall, place of assembly, museum, art gallery, or

library, not operated primarily for profit.

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Conditional Use - Conditional Uses are permissible uses in a district subject to Zoning Board of Adjustment

review and approval.

Construction - Consists of any of the following: (1) site preparation; (2) the compilation of materials; (3)

the act of building the structure. Interior alterations and improvements shall constitute “construction” if they

alter the structural aspects of any improvement, if they affect more than thirty (30) percent of the square

footage of the improvement, if they increase the square footage of any commercial use or increase the

occupancy of any residential use.

Contractor - A general contractor or builder engaged in the construction of a building, including a residence

or a commercial structure, or part thereof.

Contractor’s Storage Yard - An unenclosed portion of the lot or parcel upon which a contractor maintains

its principal office. Designation of the area as a contractor’s storage yard would allow the area to be used to

store and maintain construction equipment and other materials customarily used in the trade carried on by

the contractor, including up to six trucks. Operations using and storing fewer than three trucks do not require

a permit.

Crest - Means the uppermost line of a mountain or hill or projection thereof, or chain of mountains or hills,

from which the land falls away on at least two sides to a lower elevation or elevations.

Development - The division of a parcel into two or more parcels, the construction, reconstruction, conversion,

structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation

or landfill, and any change in the use of any building or other structure, or land, or extension of use of land.

For flood hazard purposes, development is defined as any man-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.

District - A specific portion of the municipality as established by the provision of Article II of these regulations.

Dump - An area where trash, garbage, used materials or refuse of whatever nature are collected, stored or

deposited.

Dwelling Unit - Building or part thereof used as living quarters for one family. The terms "dwelling", one

family dwelling", "two-family dwelling", or "dwelling group" shall not include a motel, hotel, boarding house,

tourist home, or similar structure.

Existing Manufactured Home Park or Subdivision - a manufactured home park or subdivision for which

the construction of facilities for servicing the lots on which the manufactured homes are to be affixed

(including, at a minimum, the installation of utilities, the construction of streets, and either final site grading

or the pouring of concrete pads) is completed before the effective date of the floodplain management

regulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Subdivision - the preparation of additional sites

by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed

(including the installation of utilities, the construction of streets, and either final site grading or the pouring of

concrete pads).

Family - One or more persons living together in the same dwelling unit and sharing the same kitchen and

other facilities as a single housekeeping unit.

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Family Child Care Home - day care facility which provides for care on a regular basis in the caregiver’s own

residence for not more than ten children at any one time. Of this number, up to six children may be provided

care on a full-time basis and the remainder on a part-time basis. For the purpose of this subdivision, care of

a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These

limits shall not include children who reside in the residence of the caregiver; except:

(A) these part-time school-age children may be cared for on a full-day basis during

school closing days, snow days and vacation days which occur during the school

year; and

(B) during the school summer vacation, up to 12 children may be cared for provided that

at least six of these children are school age and a second staff person is present and

on duty when the number of children in attendance exceeds six. These limits shall

not include children who are required by law to attend school (age 7 and older) and

who reside in the residence of the caregiver. 33 V.S.A. § 4902((3).

Flood Insurance Rate Map (FIRM) - An official map of a community, on which the Administrator has

delineated the special hazard areas and the risk premium zones applicable to the community.

Flood Insurance Study - An examination, evaluation, and determination of flood hazards and, if appropriate,

corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e.,

mudflow) and /or flood related erosion hazards.

Flood Proofing - Any combination of structural and non-structural additions, changes, or adjustments to

structures which reduce or eliminate flooding damage to real estate or improved real property, water and

sanitary facilities, structures, and their contents.

Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved

in order to discharge the base flood without cumulatively increasing theater surface elevation more than one

foot at any point.

Golf Courses - A nine (9) or eighteen (18) hole public or private golf course of the type approved by the

P.G.A. or U.S. Golf Association containing tee boxes, fairways and greens, but specifically excluding other

"golf" related uses such as par three courses, pitch and putt, and miniature golf.

Group Home - Any residential facility operating under a license or registration granted or recognized by a

state agency, that serves not more than eight unrelated persons, who have a handicap or disability as defined

in 9 V.S.A. § 4501, and who live together as a single housekeeping unit. In addition to room, board and

supervision, residents of a group home may receive other services at the group home meeting their health,

developmental or educational needs.

Historic Structure - 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 Register; (b) Certified or preliminarily

determined by the Secretary of the Interior as contributing to 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.

Home Occupation - See Section 602.

Hotel, Motel, Lodge - A building or portion thereof kept, used, maintained, advertised or held out to the public

to provide short term or vacation overnight accommodations to public for compensation, by the renting of

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rooms or a bed within a room. No unit of a Hotel, Motel or Lodge may be occupied as a residence, except

for the unit or units (not more than two) occupied by the owner or operator of the establishment and their

families. In addition, a hotel shall include a condominium hotel and a motel shall include a condominium

motel, provided that the declaration of association (or equivalent document) provides that no unit may be

occupied as a residence, meaning that the intent of the declaration shall be for short term vacation rentals.

The rental of an entire dwelling unit does not constitute a lodging operation.

Impervious Surface – A surface that has been compacted or covered with a layer of material that is highly

resistant to infiltration by water such as well-compacted gravel, asphalt or concrete covered areas or roofed

structure.

Junk Yard - An place of outdoor storage or deposit which is for collecting, keeping, processing, buying or

selling used materials or inoperable machinery, including cars, but not including an auto service station where

wrecked or disabled vehicles are temporarily stored for inspection, repair or subsequent removal to a junk

yard.

Lake - A body of standing water, including ponds and reservoirs that may have natural or artificial water level

control. For purposes of this regulation, off-stream reservoirs specifically constructed for the following

purposes shall not be considered lakes: snowmaking water storage; golf course irrigation; storm water

management; and fire suppression.

Light Industry - Any industrial use, including manufacturing, compounding, processing, packing, treatment,

or warehousing, which can be carried on in such a way that neither obnoxious or excessive noise nor any

smoke, vibration, dust, glare, odors, electrical interference,, or heat can be detected at the boundaries of the

property on which the principal building is located. Additional requirements are that it is environmentally clean

with no large use or storage of hazardous materials.

Lot - A parcel of land occupied or to be occupied by a building, together with such open spaces as are

required by the provisions of these regulations.

Lowest Floor - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood

resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a

basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to

render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

Manufactured or Modular Home - A structure, transportable in one or more sections, which is designed for

use with a permanent foundation when connected to the required utilities.

Manufactured Home Park or Subdivision - a parcel (or contiguous parcels) of land divided into two or more

manufactured home lots for rent or sale.

Mean Water Level - The normal summer (June 1 – September 15) water level, measured in feet above sea

level, of lakes as determined by an average of water level readings available over time or as established by

the Vermont Natural Resources Board.

Mobile Home - A mobile home means a prefabricated dwelling unit which:

a. is designed for long term and continuous residential occupancy;

b. is designed to be moved on wheels, as a whole or in sections;

c. on arrival at the site, is complete and ready for occupancy, except for incidental

unpacking, assembly, connections with utilities, and placing on support or a

permanent foundation, or installation as a unit in a previously prepared structure;

d. meets all other criteria and standards established by rule of the agency for

distinguishing mobile homes from other types of residential units.

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Multi-Family Residential - See Residence, Multi-Family below.

New Construction - for the purposes of determining insurance rates, structures for which the “start of

construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974,

whichever is later, and includes any subsequent improvements to such structures. For floodplain

management purposes, new construction means structures for which the start of construction commenced

on or after the effective date of the floodplain management regulation adopted by a community and includes

any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision - a manufactured home park or subdivision for which the

construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including

at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring

of concrete pads) is completed on or after the effective date of the floodplain management regulations

adopted by a community.

Nonconforming Lots or Parcels - Lots or parcels that do not conform to the present bylaws covering

dimensional requirements but were in conformance with all applicable laws, ordinances, and regulations prior

to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of error by

the administrative officer. 24 V.S.A. § 4303(13).

Nonconforming Structure (Statutory Definition) - A structure or part of a structure that does not conform

to the present bylaws but was in conformance with all applicable laws, ordinances, and regulations prior to

the enactment of the present bylaws, including a structure improperly authorized as a result of error by the

administrative officer. 24 V.S.A. § 4303(14).

Nonconforming Use (Statutory Definition) - Use of land that does not conform to the present bylaws but

did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws,

including a use improperly authorized as a result of error by the administrative officer. 24 V.S.A. § 4303(15).

Owner-Occupied - A residential property in which one of the dwelling units is occupied as a primary residence

by the individual or couple that holds title to the property. If more than two individuals hold title to the property

and any one or two of them occupy one dwelling unit in the property as their primary residence, the property

would be considered owner occupied under these regulations.

Parking Space - A defined space, which is at least eight (8) feet wide and fifteen (15) feet long, outside of

the right-of-way or driveway, used for the parking of one motor vehicle, with practical access to the road or

right-of-way, and graveled sufficiently to permit year-round use.

Place(s) of Worship - A building wherein persons regularly assemble for religious worship and which is

maintained and controlled by a religious body organized to sustain public worship, together with all accessory

buildings and uses customarily associated with such primary purpose. Includes churches, synagogues,

temples, mosques, or other such place for worship and religious activities.

Planned Unit Development (PUD) - An area of land, controlled by a legal or beneficial owner, to be

developed as a single entity for a number of residential or nonresidential uses, or a combination of both. A

planned unit development permits flexibility in building sitting, lot coverage, mixtures of housing types and land

uses, usable open spaces, and the preservation of significant natural features.

Protected Ridgeline Area - Means the land between a crest of a ridge and lines on either side of the crest

at a distance of 200 vertical feet or 1,000 horizontal feet, whichever is closer to the crest.

Professional Office - Building or portion of a building used to offer a service of a professional, business or

medical nature.

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Recreational Vehicle - 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 a temporary living

quarters for recreational, camping, travel, or seasonal use.

Residence, Multi-family - A building on one lot containing separate dwelling units for two or more families,

having separate or joint entrances, services or facilities.

Residential Care Home - A place, however named, excluding a licensed foster home, which provides, for

profit or otherwise, room, board and personal care to three or more residents unrelated to the home operator.

33 V.S.A. § 7102(1).

Restaurant - An establishment whose principal business is the selling of food and beverages to customers

seated within or adjacent to the building. Drive-up and drive-though services are prohibited.

Retail Establishment - An establishment engaged in selling goods or merchandise to the general public at

retail or wholesale for personal or household consumption or for business use and rendering services

incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is

engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise,

(C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such

production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers

for their own personal, household, or business use. Such an establishment may have a retail food

establishment as an accessory use located entirely within the principal structure and with no dedicated exterior

entrance of its own.

Ridge - Means the elongated crest or series of crests at the apex or the uppermost point of intersection

between two opposite slopes or sides of a mountain or hill.

Riparian Buffer - The width of land measured horizontally from the mean water level for lakes and from top

of bank or top of slope for streams, to the edge of other land uses. Riparian buffers are typically undisturbed

areas, consisting of trees, shrubs, groundcover plants, duff layer, and a naturally vegetated uneven surface.

Setback - The distance from the lot frontage or a property line to a building or structure, excepting fences,

signs, and stone walls, measured to its nearest wall, porch, or deck; but not to steps, bay windows or fireplace

or normal roof overhang. Where measured from a public road or private right of way, setback distances shall

be measured to the edge of the right of way (or the property line if the road or right of way is in separate fee

ownership).

Front Setback: Distance between a building or structure and any lot frontage.

Rear Setback: Distance between a building or structure and a rear lot line.

Side Setback: Distance between a building or structure and a property line other than lot frontage

or a rear lot line.

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Front Lot Line

Front Yard Building Line

Side

Yard

Building Line Rear Yard

Rear Lot Line

Side Lot

Line

Side Lot

Line

Sign - See Section 702.

Ski Area Development - Commercial alpine and cross-country skiing with related lifts, trails, snowmaking

ponds and systems, and day ski lodges.

Slope - The percent of slope is the vertical rise between two points, divided by the horizontal distance between

those points.

Special Flood Hazard Area - the land in the floodplain within a community subject to a 1 percent or greater

chance of flooding in any given year. The area may be designated a Zone A on the Flood Hazard Boundary

Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the Flood

Insurance Rate Map (FIRM), Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/AI-30,

AR/AE, AR/AO, AR/AH, AR/A, VO or V1-30, VE, or V. For purposes of these regulations, the term “special

flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.

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.

Stormwater Management – the use of structural or non-structural practices that are designed to reduce

storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.

Road

Right-of-way

Road

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Story - Part of a building which is between one floor level and the next higher floor level, or if there is no floor

above it then the ceiling above it. Not to exceed 15 feet.

Stream– The full length and width, including the bed and banks, or any watercourse, including rivers, creeks,

brooks, and branches and intermittent watercourses that have a defined channel and evidence of water and

sediment transport, even if such watercourses do not have surface water flow throughout the year or

throughout the channel. For purposes of this regulation, constructed drainage ways including water bars,

swales, and roadside ditches, are not considered streams.

Structure - An assembly of materials for occupancy or use including, but not limited to, a building, mobile

home or trailer, billboard, sign, wall or fence greater than six (6) feet in height, except a wall or fence on an

operating farm except as provided in Section 316 for Flood Hazard purposes only.

Substantial Damage - 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 - Any reconstruction, rehabilitation, addition, or other improvement of a structure,

the cost of which 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 - The point along a streambank where an abrupt change in slope is evident, and where the

stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding

the average annual high water stage.

Top of slope - A break in slopes adjacent to steep-banked streams that have little or no floodplain; or a break

in slope where the side slopes adjacent to an incised, or deeply cut channel meet floodplains that have been

abandoned or are undergoing abandonment.

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Town Plan - Plan for development of the Town prepared by the Planning Commission pursuant to Section

4385 of the Vermont Planning and Development Act.

Two-Family Home - A residential structure with two dwelling units.

Travel or Camping Trailer - Any factory built until which is registerable and usable as a vehicle for traveling

or camp purposes. Said unit shall not be set up for use in a permanent manner.

Violation - for flood hazard purposes, means the failure of a structure or other development to be fully

compliant with the community’s flood plain management regulations. 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.

Wetlands - lands that are inundated or saturated by surface water or groundwater with a frequency sufficient

to support significant vegetation or aquatic life that depends on saturated or seasonally saturated soil

conditions for growth and reproduction. Such areas include but are not limited to: marshes, swamps, sloughs,

potholes, river and lake overflows, mud flats, fens, bogs and ponds