Article 1: Purpose and Title

1.01 Purpose and Compliance

1.01–A     The purpose of these Development Regulations is to implement the Municipal Plan of the Town of Colchester; to promote the health, safety, and general welfare of the community; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, utilities, schools, parks, and other public requirements; and to preserve the value of property, to encourage the most appropriate use of land throughout the Town of Colchester, with reasonable consideration for the character of each locality and its peculiar suitability for particular use, under and pursuant to the Vermont Planning and Development Act (Title 24 V.S.A., Chapter 117), as amended.

1.01–B     Accordingly, the following are hereby restricted and regulated as hereinafter provided:

(1)     dimensions, location, erection, construction, repair, maintenance, alteration, razing, removal, and use of buildings and other structures;

(2)     density of population;

(3)     intensity of use;

(4)     areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures;

(5)     percentage of lot area that may be occupied and the size of yards and setbacks;

(6)     use of land for trade, industry, residence, or other purposes, and of watercourses and other bodies of water;

(7)     subdivision of land.

1.01–C     No provision in any such ordinance, law, restriction, covenant, or undertaking shall be deemed to justify noncompliance with any provision in this chapter.

1.02 Title

These provisions shall be known and may be cited as the Colchester Development Regulations.

1.03 Severability

Should any section, sub-section, paragraph, sentence, clause, provision, or phrase of these development regulations be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of any other portion of these land development regulations, except the section in question.

1.04 Repealer

This Article shall not be deemed to amend, repeal, or impair any requirement in any ordinance or law or in any deed restriction or covenant or in any other undertaking among private persons.

1.05 Relation to Other Ordinances of the Town of Colchester

If the provisions of these regulations conflict with the provisions of any other valid and enforceable ordinance(s), such as the Colchester Code of Ordinances Chapters Four, Seven, Eight, Ten or Fourteen, the stricter shall prevail.

1.06 Effective Date and Implementation

These regulations shall become effective twenty-one (21) days after the date of adoption by the Colchester Selectboard. On the date these regulations become effective, they will combine the Colchester Zoning Regulations and the Colchester Subdivision Regulations.

1.07 Applicability of Regulations

1.07–A     Area, Density, and Dimensional Requirements. Except where the text of these Regulations provides otherwise, the size and dimension of lots and yards, lot coverage, and density for all districts, except overlay districts, shall be as shown in Table A-2, Dimensional Standards.

1.07–B     Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

1.07–C     Permitted Uses. Those uses indicated in Table A-1 and accessory uses to those uses. Any uses not listed in Table A-1 are prohibited. Items that are not customary as accessory uses to those listed in Table A-1 are prohibited.

1.07–D     Conditional Uses. Those uses indicated in Table A-1 and approved pursuant to Article 8, and accessory uses to those uses. Any uses not listed in Table A-1 are prohibited. Items that are not customary as accessory uses to those listed in Table A-1 are prohibited.

1.07–E     Area, Density, and Dimensional Requirements. All requirements of Table A-2 shall apply unless specifically amended or superseded by the text within the applicable district.

1.07–F      Minimum Requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.

1.07–G     Primacy of Development Regulations. Where these regulations impose a greater restriction than imposed or required by other provisions of law or by other laws, rules, regulations, resolutions or ordinances, the provisions of these regulations shall control.

1.07–H     Conflict with other Regulations or Private Restrictions. The provisions of these regulations shall not be construed to abrogate or annul the provisions of other ordinances or regulations or to impair private restrictions placed upon property. Where these regulations impose a greater restriction upon land, buildings, or structures than is imposed by any such provision, the restrictions of these regulations shall control.

1.07–I      Most Recent Amendment in Effect. Any citation of a statute, law, rule, regulation or ordinance contained in these regulations shall be deemed to refer to such statute, law, rule, regulation or ordinance as amended, whether or not such designation is included in the citation.

1.07–J      Measuring. Unless otherwise specified, all distances shall be measured horizontally.  Required frontage shall be contiguous.