NEW HAVEN
VERMONT
ZONING BYLAWS
Adopted and Amended: May 29, 2007
Zoning Map -
Official Zoning Map is posted in Town Office.
ARTICLE I: ENACTMENT. INTENT, REPEAL AND DEFINITIONS
Section 125: REPEAL OF FORMER ZONING BYLAWS
ARTICLE II: ESTABLISHMENT OF ZONING DISTRICTS AND ZONING MAP
Section 210: ESTABLISHMENT OF ZONING DISTRICTS
Section 230: INTERPRETATION OF ZONING DISTRICT BOUNDARIES
Section 240: APPLICATION OF REGULATIONS
ARTICLE III: ADMINISTRATION AND ENFORCEMENT
Section 310: ADMINISTRATIVE OFFICER
Section 313: APPLICATION REQUIREMENTS
Section 314: APPLICATION REVIEW AND DETERMINATION
Section 315: HEARING AND NOTICE REQUIREMENTS
Section 320; CERTIFICATE OF OCCUPANCY
Section 330: PENALTIES/ENFORCEMENT
Section 340: BOARD OF ADJUSTMENT
Section 343; VARIANCES FOR RENEWABLE ENERGY STRUCTURES
Section 344: VARIANCE CONDITIONS
Section 345: APPEALS OF THE DECISIONS OF THE ZONING ADMINISTRATOR
Section 350: SITE PLAN APPROVAL
Section 351: SUBMISSION OF SITE PLAN MAP AND DATA
Section 352: SITE PLAN REVIEW PROCEDURE
ARTICLE IV: AMENDMENTS, INTERPRETATION, EFFECTIVE DATE
ARTICLE V: GENERAL REGULATIONS
Section 501: EXISTING SMALL LOTS
Section 502: REQUIRED FRONTAGE ON, OR ACCESS TO, PUBLIC ROADS OR PUBLIC WATERS
Section 504: PROTECTION OF HOME OCCUPATIONS
Section 510: LOTS IN TWO ZONING DISTRICTS
Section 511: RESIDENTIAL BUILDINGS ON LOTS
Section 512: NON-CONFORMING USES
Section 513: NON_CONFORMING STRUCTURES
Section 514: CONSTRUCTION APPROVED PRIOR TO ADOPTION OF OR AMENDMENT TO REGULATIONS
Section 515: ABANDONMENT OF STRUCTURES
Section 516: TEMPORARY USES AND STRUCTURES
Section 517; DWELLING UNITS BELOW GRADE
Section 518: SPECIAL PUBLIC USE EXCEPTIONS
Section 520: PUBLIC UTILITY SUBSTATIONS
Section 521: STORAGE OF FLAMMABLE LIQUIDS
Section 522: GASOLINE OR MOTOR VEHICLE SERVICE STATIONS
Section 524: ROADSIDE AGRICULTURAL STANDS
Section 526: EXTRACTION OF SOIL, SAND, OR GRAVEL
Section 527: SOLAR AND WIND ENERGY SYSTEMS
Section 528; PLANNED UNIT DEVELOPMENT
Section 535; CAMPGROUND PERMITS
Section 536: CAMPGROUND STANDARDS
Section 540: FRONT YARD SETBACK
Section 542: REDUCTION OF LOT AREA
Section 543: REQUIRED AREA OR YARDS
Section 544: PROJECTION IN YARDS
Section 545: CORNER LOT EXCEPTIONS
Section 565: ACCESSORY DWELLING UNITS
Section 595: ACCESSORY USES AND BUILDINGS
ARTICLE VI: TRANSPORTATION. ACCESS, SAFETY, AND PARKING
Section 622: OBSTRUCTION OF VISION
Section 720: ADVERTISING BILLBOARDS
Section 730: SIGNS IN RESIDENTIAL DISTRICTS
Section 740: SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS
Section 750: WALL. PROJECTING, GROUND AND ROOF SIGNS
Section 760: COMPUTATION OF PERMISSIBLE SIGN AREA
Section 770: TRAFFIC, HAZARD, SAFETY, AND OBSTRUCTION
Section 780; ILLUMINATED AND FLASHING SIGNS
ARTICLE VIII: PERFORMANCE STANDARDS
Section 820; SPECIFIC STANDARDS
ARTICLE IX: FLOOD HAZARD AREA REGULATIONS
Section 902: STATEMENT OF PURPOSE
Section 903: LANDS TO WHICH THESE REGULATIONS APPLY
Section 904: OFFICIAL FLOOD HAZARD AREA MAP
Section 905: INTERPRETATION OF DISTRICT 80UNDARIES
Section 908: PERMIT REQUIREMENTS AND APPLICATION PROCEDURES
Section 910: CONDITIONAL USE REVIEW PROCEDURES
Section 911: CONSIDERATIONS BY THE BOARD OF ADJUSTMENT
Section 912; CONDITIONS ATTACHED TO CONDITIONAL USE APPROVAL
Section 913: TIME FOR ACTING ON APPLICATION
Section 914: ISSUANCE AND TRANSMISSION OF PERMITS
Section 919: WARNING OF DISCLAIMER OF LIABILITY
Section 920: PRECEDENCE OF REGULATIONS
Section 921: ANNUAL REPORT TO FEDERAL EMERGENCY MANAGEMENT AGENCY
Section 1001: RURAL AGRICULTURAL DISTRICT (RA-2)
Section 1001-A: SPECIFIC STANDARDS FOR RA-2 DISTRICT
Section 1002: RURAL AGRICULTURAL DISTRICT (RA-5)
Section 1002-A: SPECIFIC STANDARDS FOR RA-5 DISTRICT
Section 1003: RURAL AGRICULTURAL DISTRICT (RA-10)
Section 1003-A: SPECIFIC STANDARDS FOR RA-10 DISTRICT
Section 1004: NEIGHBORHOOD COMMERCIAL DISTRICT (NC)
Section 1004-A: SPECIFIC STANDARDS FOR NC DISTRICT
Section 1005: HIGHWAY COMMERCIAL DISTRICT (HC)
Section 1005-A: SPECIFIC STANDARDS FOR HC DISTRICT
Section 1006; INDUSTRIAL DISTRICT (IN)
Section 1006-A: SPECIFIC STANDARDS FOR IN DISTRICT
Section 1007: FOREST DISTRICT (FD)
Section 1007-A: SPECIFIC STANDARDS FOR FD DISTRICT
Section 1008: FLOOD HAZARD DISTRICT (FHD)
Section 1008-A SPECIFIC STANDARDS FOR FHD DISTRICT
In accordance with the Vermont Municipal and Regional Planning and Development Act, 24 V.S.A., Chapter 117, hereinafter referred to as the "Act", there are hereby established zoning regulations for the Town of New Haven which are set forth in the text and map that constitute these regulations. These regulations shall be known and cited as the "Town of New Haven Zoning Regulations."
It is the intent of these zoning regulations to provide for orderly community growth and to further the purposes established in the Act.
The Zoning Bylaws and Zoning Map for the Town of New Haven in effect prior to the adoption of these bylaws and map are hereby repealed and replaced as of the effective date of these bylaws and map.
Except where specifically defined herein, all words used in these regulations shall carry their customary meanings. Words used in the 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; and the word "street" is synonymous with "road".
Doubt as to the precise meaning of any word used in these regulations shall be clarified by the Board of Adjustment.
AAP: Accepted Agricultural Practices as established by the Secretary of Agriculture, Food and Markets and the Commissioner of Forests, Parks, and Recreation.
ACCESSORY USE OR BUILDING: A use or building customarily incidental and subordinate to the principal use or building and located on the same lot.
ACCESSORY DWELLING UNIT: An efficiency or one-bedroom apartment that is clearly subordinate to an owner-occupied single-family dwelling and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation. Accessory Dwelling Units need not be attached to the primary residence but may exist within a separate structure. Additional requirements for accessory dwelling units are contained within section 565 of these regulations.
ADMINISTRATOR (SECTION IX): The Federal Emergency Management Administrator.
ALTERATION: Structural changes, rearrangement, change of location or addition to a building.
AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain within a community subject to a one percent or greater chance of flooding in a given year. The area Includes all A zone designations on the FIRM, or, in the absence of the FIRM, on the FHBM. It does not Include Zones B and C.
BASE FLOOD: The flood having a one percent chance of being equaled or exceeded In any given year.
BASEMENT: Story partly underground. A basement shall be counted as a story if the vertical distance between the basement ceiling and the average grade level of the adjoining ground is more than six feet.
BOARDING HOUSE: Building wherein no more than six people are sheltered for profit.
BUILDING: Structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals, or personal property. Includes any covered carport, porch, terrace, deck, or steps.
BUILDING AREA: Total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings. Any solar collection device or related apparatus not included as floor area of a building is not included. All dimensions shall be measured between exterior faces of walls.
BUILDING FRONT LINE: Line parallel to the street line transecting that point of the building which is closest to the street line. Where a lot fronts on public waters but not a public road, "mean water line" shall replace "street line" In this definition.
BUILDING HEIGHT: Vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between eaves and ridge for other types of roofs.
BUILDING REAR LINE: Line parallel to the street line transecting that point of the building which is furthest from the street line. Where a lot fronts on public waters but not a public road, "mean water line" shall replace "street line" in this definition.
BUILDING SIDE LINE: Line parallel to the nearest side lot line transecting that point of the building which is nearest the side lot line.
CAMPER: Any motorized or un-motorized vehicle mounted on wheels and used as sleeping, camping, or living quarters. This includes a camper body mounted on a truck, and excludes mobile homes.
CAMPGROUND: Any tract or parcel of land occupied by four or more campers, tents, or tent sites for vacatlonal or recreational purposes.
CHANGE OF USE: Includes any proposed use which differs from the current use based on the type, intensity, or magnitude of use. This may include a change from one category of use to another, or from an accessory to a principal use, or from seasonal use to year-round use, or any change in activity whereby the proposed use will likely generate more traffic, odor, noise, vibration, smoke, dust, heat or glare than he current use.
CHILD CARE HOME; see Family Child Care Facility
CLINIC: A building used by members of the medical professions for the diagnosis and outpatient treatment of human aliments.
CLUB: Building or use catering exclusively to club members and their guests for recreational, educational, or service purposes.
COMMUTER PARKING LOT: A facility wherein motor vehicles may be parked for a period of time not to exceed 48 hours.
COMMUNITY FACILITY: Any meeting hall, place of assembly, museum, art gallery, library, school, church, or other similar type of establishment which is not operated primarily for profit, excluding government facility.
CONDITIONAL USE: Use which may be permitted only by approval of the Board of Adjustment after public notice and public hearing to determine whether the