ARTICLE 2: GENERAL PROVISIONS

2.01 Establishment of District and Description of Certain Districts

2.02 Official Maps and Other Maps

2.03 District Boundaries

2.04 Lots 

2.05 Setbacks and Buffer

2.06 Height of Structures

2.07 Temporary Structures and Uses

2.08 Multiple Structures

2.09 Accessory Structures and Uses

2.10 Fences

2.11 Swimming Pools

2.12 Non-conforming Uses, Structures and Lots

2.13 Alteration of Existing Grade or Impervious Area

2.14 Potable Water

2.15 Septic

2.16 Fire Prevention Code

2.17 Building Code

2.18 Signs

2.19 Compliance with Chapter 14 of the Colchester Code of Ordinances

2.20 General Performance and Maintenance Standards

2.01 Establishment of District and Description of Certain Districts

A.    For the purpose of these regulations, the Town of Colchester is hereby divided into the districts shown on the Official Zoning Map. This Development Regulation also contains provisions for overlay districts.

(1)  Residential Districts

R-3 Residential Three District

R-2 Residential Two District

R-1 Residential One District

R-5 Residential Five District

R-10 Residential Ten District

Lakeshore Three District

Lakeshore Four District

(2)  General Development Districts

GD1 General Development One

GD2 General Development Two

GD3 General Development Three/Severance Corners Form Based

GD4 General Development Four

Lakeshore One District

Lakeshore Two District

(3)  Commercial & Industrial Districts

COM Commercial District

IND Industrial District

BD Business District

(4)  Other Districts

AGR Agricultural District

MHP Mobile Home Park District

FP Flood Plain District   

AMU Agricultural Mixed-Use District

(5)  Overlay Districts

      GD4C General Development Four Commercial District

      SD Shoreland District

WPD Water Protection District

HPD Historic Preservation District

TDRD Transferable Development Rights District

B.    Description of Certain Districts.

(1)  Flood Plain District.  The boundaries of the Floodplain District shall include those areas that are identified and defined as areas of special flood hazard in and on the most current flood insurance studies and maps published by the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), 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. This regulation does not imply that the land outside of the Floodplain District is free from flood or erosion damages.  This regulation shall not create liability on the part of the Town of Colchester, or any municipal official or employee thereof, for any flood or erosion damages that result from reliance on this regulation or any administrative decision lawfully made hereunder. 

(2)  Water Protection District. The boundaries of the Water Protection District shall include: 1) those areas that are identified and defined as Class I and II wetlands as designated by the National Wetlands Inventory (NWI) maps published by the U.S. Fish and Wildlife Service as well as all lands within 50 feet horizontal distance of these wetlands, and 2) surface waters and associated buffers as described in Section 7.04 herein and as depicted on the Overlays Districts Map.  Final determination of wetland and surface water location and associated boundaries shall be made by a professional wetland/aquatic biologist in case of conflict.

2.02 Official Maps and Other Maps

A.    Official Zoning Map. The Official Zoning Map describes the different and separate districts of the Town of Colchester set forth in Section 2.01. The Official Zoning Map is filed in the office of the Town Clerk and is incorporated herein by reference.

B.    Overlay Districts Map. The Overlay Districts Map describes the different and separate overlay districts of the Town of Colchester set forth in Section 2.01. The Overlay Districts Map is filed in the office of the Town Clerk and is incorporated herein by reference.

C.    Official Map. The Official Map of the Town of Colchester is adopted pursuant to Section 4421, Title 24 VSA Chapter 117, as amended, filed in the office of the Town Clerk, and incorporated herein by reference.  No zoning permit or subdivision approval may be issued for any land development within the lines of any street, drainageway, park, school, or other public facility shown on the official map, except as specifically provided in 24 V.S.A Section 4421.

2.03 District Boundaries

A.    Interpretation of District Boundaries

(1)  Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth in this section.

(2)  Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines.

(3)  Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(4)  Boundaries indicated as following railroad lines shall be construed to follow the center line of the railroad right-of-way.

(5)  Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline such boundaries shall be construed as moving with the actual shoreline.

(6)  Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

(7)  Boundaries indicated as approximately following Town limits shall be construed to follow such Town limits.

(8)  Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 6 above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described under each zone shall be determined by the scale of the map.

(9)  Where uncertainty exists as to the boundaries of the Floodplain District, the most recent effective FEMA base flood elevation data, floodway data and Flood Insurance Study shall be reviewed and utilized to determine the base flood elevation.

B.    Interpretation by Planning Commission. Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 8 above, the Planning Commission shall interpret the district boundaries.

C.    Split Lots. Where a district boundary line divides a lot which was in a single ownership at the time of passage of these regulations, the Development Review Board may permit, as a conditional use, the extension of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.  This provision shall not apply to the boundary lines of any overlay district.

D.   Zone Change Requests.  The Planning Commission may consider applications for zone change requests and requests to amend the Official Zoning Map.  The process for such consideration shall follow the Colchester Planning Commission Adopted Policy (as amended from time to time) on Public Requests for Amendments to the Colchester Development Regulations.

2.04 Lots

A.    Frontage Calculation.  All lots shall require frontage on a public street or way of a minimum specified in Table A-2.  The Interstate and Circumferential Highway rights-of-way and public waters shall not be considered frontage. Required frontage shall be contiguous.

B.    Reduction of Frontage. No lot frontage shall be so reduced in frontage such that the coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district except as provided in Article Nine herein.

C.     Reduction of Lot Size. No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district except as provided in Article Nine herein.

D.    Corner Lots. In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and shall have two frontages. In cases where a lot has frontage on a public street and on a private right-of-way, the lot shall be deemed a corner lot and shall have two frontages.

E.     Pre-Existing Small Lots.

(1)  Any lot that is legally subdivided, is in individual and separate and non-affiliated ownership from the surrounding properties, and is in existence on the date of enactment of any bylaw, including an interim bylaw, the enactment of which rendered the lot non-conforming because of the minimum lot size requirements of said bylaw, may be developed for the purposes permitted in the district in which the lot is located, provided:

(a)   such lot is not less than one-eighth acre in area and not less than forty feet in width and depth; and

(b)  such development complies with the State of Vermont Environmental Protection Rules Chapter 1; and

(c)   such development meets all the dimensional requirements for the district in which it is located.

(2)  The Development Review Board or Administrative Officer may require a survey for the lot in question.  Notwithstanding the foregoing, in the event that an existing small lot has been at any time in common ownership with any contiguous lot, said existing small lot shall be deemed merged with said contiguous lot and may not be separately conveyed; provided, however such lot may be conveyed if:

(a)   lots are conveyed in their preexisting, non-conforming configuration, and

(b)  on the effective date of the bylaw causing the nonconformity, each lot was developed with a potable water supply and wastewater disposal system, and

(c)   at the time of transfer, each water supply and wastewater system is functioning properly, and

(d)  the deeds of conveyance create appropriate easements on both lots for replacement of one or more wastewater systems, potable water supply, or both if applicable, in the event of a failed system or failed supply as defined in 10 V.S.A. Chapter 64.

(3)  For any lot shown on a plat approved by the Planning Commission and recorded in Colchester Land Records, the requirements of individual and separate and non-affiliated ownership shall not apply and the lots shall not be deemed merged.

F.     Footprint Lots.  A Footprint Lot as defined herein is not considered a lot for the above lot standard purposes.

2.05 Setbacks and Buffer

A.    General Provisions. The size and dimensions of setbacks shall be as indicated in Table A-2, Dimensional Standards, unless otherwise provided in these Regulations.

B.    Arterial and Collector Streets.

(1)  For the arterial and collector streets listed below, minimum front setbacks shall be forty-five (45) feet from the edge of the right- of-way or greater if so provided elsewhere in this Section 2.05.

ROAD / STREET

Route 2A (a.k.a. Main Street)

Route 2

Route 7 (a.k.a. Ethan Allen Highway; South of Chimney Corners is Roosevelt Highway) (outside of the GD3 District)

Route 15 (a.k.a. College Parkway)

East Road

Malletts Bay Avenue

Holy Cross Road

Severance Road (outside of the GD3 District)

Blakely Road (outside of the General Development Districts & Lakeshore Districts)

(2)  For the arterial streets listed below, the minimum front setbacks shall be seventy-five (75) feet from the edge of the right-of-way or greater if so provided elsewhere in this Section 2.05.

ROAD / STREET

I-89

(3)  Planned Arterial and Collector Streets. Planned public arterial and collector streets, as designated by the Official Map, shall be subject to the provisions of this Section 2.05 and any lot frontage requirements.

C.    Yards Abutting a Planned Right-of-Way, Sidewalk or Bike path. The dedication of public road rights-of-way, excluding Interstate 89, shall not reduce the area and property lines used to determine conformance of any pre-existing lot and/or structure’s area and coverage, and setback requirements as stated in Section 2.05 and Table A-2 of this Regulation. Evidence of the pre-existing area and property line conditions must be recorded in the Town Land Records prior to the dedication of the public rights-of-way affecting the pre-existing lot and/or structure. All new lots or substantial redevelopment of a pre-existing lot shall have a minimum setback from a right-of-way designated for a planned public right-of-way, sidewalk or bike path equal to the front setback requirement for the district in which the lot exists, unless the yards abut any of those streets listed above in Section 2.05B, in which case the minimum setback of Section 2.05B shall apply from the edge of the planned right-of-way. 

D.    Setback Calculation. The horizontal distance between a lot line, including lease lot lines, and the nearest line or point of a structure.  The nearest line or point of a structure shall include but not be limited to: roof eaves, window bays, stairs, attached structures such as decks, foundations, slabs, and pillars.  In the Mobile Home Park District where lease lot lines are not delineated, side yard setbacks shall be measured between structures by multiplying the setbacks of Table A-2 by two.

E.     Traffic Visibility Across Yards. No shrubbery, fences, walls, or other visual obstructions shall be erected, maintained, or planted on any lot that obstructs or interferes with traffic visibility or access for emergency vehicles as required in Chapter Seven of the Colchester Code of Ordinances. In the case of corner lots, such restricted area shall be the triangular area formed by the lot lines along the streets and a line connecting them at points thirty (30) feet from the intersection of the lot lines except in the GD3 District.

F.     Setback from Slopes. The minimum setback from a slope exceeding 45 degrees (See Appendix B) shall be fifty (50) feet. 

G.    Structures Requiring Setbacks. Except as specifically provided elsewhere in these Regulations, the front, side, and rear setback provisions in Section 2.05 shall apply to all structures, except for fences under six (6) feet in height, sidewalks and other pedestrian ways, driveways, single family and residential parking lots.

H.     Front Setbacks.

(1)  In the case of nonresidential uses:

(a)     Not more than thirty percent (30%) of the area of the required front setback shall be used for driveways and parking and the balance shall be suitably landscaped and maintained in good appearance except in the GD3 District.

(b)     No portion of the required front setback shall be used for storage or for any other purpose except as provided in this section. Front setbacks may be used for green infrastructure and outdoor seating.

(c)     A continuous strip fifteen (15) feet in width traversed only by driveways and sidewalks shall be maintained between the street right-of-way line and the balance of the lot, which strip should be landscaped and maintained in good appearance. This provision shall apply also to yards that abut a right-of-way designated for a future street. 

(d)     Along Prim Road, Heineberg Drive, and Porter’s Point Road between Heineberg Drive and Church Road, the width of the continuous strip shall be increased to twenty (20) feet for all new development. 

(2)  In the case of residential uses:

(a)     not more than fifty percent (50%) of the area of the required front setback shall be used for driveways and parking and the balance shall be suitably landscaped and maintained in good appearance. No portion of the required front setback shall be used for storage or for any other purpose except as provided in this section.

I.       Buffer Strip for Non-Residential Uses Adjacent to Residential District Boundaries outside the General Development Districts.

(1)  Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a residential district, or where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to fifty (50) feet. A strip not less than fifteen (15) feet wide within the fifty (50) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area.

(2)  The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However, in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non-residential use is located.

J.      Exceptions to Setback Requirements for Lots Existing Prior to January 1, 1990. This provision is intended per 24 V.S.A. Section 4414(8) to provide relief to lots unduly burdened by zoning requirements adopted after the creation of said lots.  The following exceptions to setbacks shall be permitted for lots that meet the following criteria: the lot was in existence prior to January 1, 1990, and the existing principal use on the lot is a single family dwelling or a two-family dwelling.

(1)  Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a structure have a side setback of less than ten (10) feet unless a lawful existing encroachment exists.  If there is a lawful existing encroachment a structure may be enlarged within the setback up to the existing point of encroachment.  The applicant shall prove that the proposed structure cannot be reasonably constructed elsewhere on the lot so as not to encroach.  The proposed structure shall be designed to minimize encroachment.

(2)  Front Setbacks. A structure may encroach into a required front setback, but in no event shall a structure have a front setback of less than twenty (20) feet unless a lawful existing encroachment exists.  If there is a lawful existing encroachment a structure may be enlarged within the setback up to the existing point of encroachment.  The applicant shall prove that the proposed structure cannot be reasonably constructed elsewhere on the lot so as not to encroach.  The proposed structure shall be designed to minimize encroachment.

(3)  Processing of a Request. Any request under sections (1) - (3) above to expand an existing structure, or place a new structure may require the submission of survey data prepared by a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer.

K.    Compliance with the Americans with Disabilities Act or Building & Fire Codes.  An application to construct an access that complies with the Americans with Disabilities Act shall be exempt from required setbacks provided the applicant can demonstrate to the Administrative Officer that such access cannot reasonably be constructed elsewhere on the lot to comply with setbacks.  Access shall include, but not be limited to, ramps, elevators, lifts, grading and filling, impervious area, and other amenities required under the American with Disabilities Act.  An application to construct a fire escape or other mean of emergency egress required by Chapters Four and Seven of the Colchester Code of Ordinances shall be exempt from required setbacks provided the applicant can demonstrate to the Administrative Officer that such access cannot reasonably be constructed elsewhere on the lot to comply with setbacks.

L.     Footprint Lots.  A Footprint Lot as defined herein is not considered a lot for the above setback standard purposes.

2.06 Height of Structures

A.    General Provisions. Except as specifically provided elsewhere in these Regulations, the height provisions in Section 2.06 and Appendix A-2 shall apply to all structures except Telecommunication Facilities and Wind Turbines as defined herein.  Maximum allowable building heights are illustrated in Appendix B, Height of Structures.

B.    Height. Unless otherwise specified, height of structures shall be measured from average preconstruction grade to the highest point of the structure, including rooftop apparatus as defined herein.

C.    Height Waiver for Structures in All Zoning Districts Except R3, R2, R1, R5, and R10 Districts.

(1)  The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table A-2 up to forty-five (45) feet in the General Development Districts. For each foot of additional height above the maximum height specified in the district in Table A-2, all front and rear setbacks shall be increased by one (1) foot and all side yard setbacks shall be increased by one half (1/2) foot.

(2)  For structures proposed to exceed the maximum height for structures specified in Table A-2 as part of a planned unit development or planned residential development, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post-construction grade, and height of the structure. The massing of the structure should be broken up by transitions in building height with steps up and down to achieve a sense of balance.  Bulky buildings with little variation in shape or design shall be avoided.

D.    Rooftop Apparatus, Chimneys, Communications Towers, Silos, etc.. Rooftop apparatus, such as solar collectors, television antennas, satellite dishes, chimneys, and air conditioning equipment shall be included in the height measurement. Chimneys for residential structures shall be exempt from the height limitations.  Farm silos, light poles, and steeples for places of worship that are taller than normal height limitations established in Table A-2 may be approved by the Development Review Board as a conditional use subject to the provisions of Article 8, Conditional Uses. Such structures do not need to comply with the provisions of Section 2.06(C) above.

E.     Height Waiver for Accessory Structures.  The Administrative Officer may approve an accessory structure with a height in excess of the limitations set forth herein, up to twenty (20) feet in height or the height of the primary structure whichever is less if the accessory structure includes an accessory dwelling unit as defined in Section 2.09 herein.

2.07 Temporary Structures and Uses

A.    General Provisions. Any temporary use of a lot, not approved in connection with the primary use of that property, shall be restricted according to the provisions of this section.

B.    Location of Temporary Uses and Structures. Temporary uses and structures exceeding ten (10) days in duration shall be considered permanent except as provided in subsection E below.  Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or interfere with vehicle circulation and parking, pedestrian movement, block sidewalks, obstruct crosswalks or damage landscaped areas. Temporary uses or structures requiring land disturbance of any kind shall not occur within ten horizontal feet of existing underground public infrastructure, and the Town shall have the right to require removal of any improvements located in such areas should they be deemed to limit the Town’s ability to access, maintain, operate, repair, or upgrade public infrastructure. Should a property owner be interested in confirming the presence of, or identifying the specific location of, any underground public infrastructure on their property they should contact the Department of Public Works.

C.    Temporary Construction Structures. Temporary structures used in conjunction with duly permitted construction work shall be permitted only during the period that the construction is in progress.

D.    Temporary Outside Storage. Temporary outside storage used in conjunction with the principal use or uses on that property shall be subject to approval by the Development Review Board unless specifically excluded from the use by definition or district.  

E.     Temporary Uses Exempt from Review. The following uses are permitted without requiring review under this section provided such uses do not exceed the stated limits. Uses which exceed the stated limits shall be considered to be permanent uses and, as such, are restricted by other portions of these regulations.

(1)  Auctions lasting no longer than two (2) days per calendar year.

(2)  Garage sales totaling no more than two (2), seven (7) consecutive day sales or two (2) three (3) consecutive weekend sales shall be conducted at one (1) residence per year.  All sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. only.

(3)  Commercial use tents erected on a property for less than ten (10) days in one calendar year.

(4)  Outdoor sales events held by a business on the same lot for no more than four (4) consecutive days, two (2) times per calendar year.

(5)  Other mobile home dwelling unit type trailers such as office trailers, office/storage trailers and semi-van trailers may be allowed as temporary facilities for construction projects when approved with a building permit from the Administrative Officer.  No other non-dwelling uses of trailers shall be allowed except as a temporary emergency facility when approved by the Development Review Board as a conditional use.

(6)  Portable Toilets erected on a property for less than fifteen (15) days in one calendar year.  Portable toilets located in public parks, in association with agricultural operations, or in association with construction projects when approved with a building permit from the Administrative Officer shall not be subject to this time limitation.

(7)  Play structures under 50 gross square feet such as but not limited to swings, slides, tree-houses, and sand boxes, and outside the Floodplain, Shoreland, & Watercourse Protection Districts.

(8)  Piers, docks, and other structures attached to the shore and extending beyond the mean water mark provided that such piers, docks, and other structures comply with all state and federal regulations pertaining to such encroachments and are not integrated with other structures herein regulated.

(9)  Fishing houses as defined in 10 VSA part 4 and appendix.

(10)         Chicken coops with enclosures less than 36 sq. ft.

2.08 Multiple Structures

Except as otherwise provided specifically within these Development Regulations, there shall be only one principal building or structure on a lot. Multiple structures on a lot shall be subject to the requirements of Planned Unit Development in Article Nine.

2.09 Accessory Buildings, Accessory Structures and Accessory Uses

A.    Accessory Structures. Accessory structures are intended to be subordinate in use and size to a principal structure and, except as otherwise permitted in the Regulation, shall be subject to the following regulations:

(1)  Where the accessory building is structurally attached to a principal building, it shall be subject to and must conform to all requirements of this Regulation applicable to principal buildings.

(2)  The square footage of the first (ground) floor of the accessory structure(s) shall be included in the computation of lot coverage.

(3)  No detached accessory building shall be located closer than ten (10) ft. to any principal building or property line.

(4)  The total square footage of all accessory buildings shall not exceed 50% (fifty percent) of the first or ground floor of the principal structure, except as follows:

a.      The property is five acres or more;

b.     In General Development Districts, Lakeshore Districts, and R1, R2, & R3 Districts, the following conditions must also be met:  Exterior building details – including scale, fenestration, roof and siding materials, color and design – shall be compatible with the principal structure. 

(5)  Detached accessory structures shall not exceed 20 feet in height except as follows:

a.   Pitched roof accessory structures shall not exceed 25 feet in height;

b.   Accessory structures on residential properties shall not exceed 35 feet (or 25 feet if flat) if all of the following are met:

                                                                   i.     Located on a parcel of at least three (3) acres in size;

                                                                 ii.     Located to the side or rear of the principal structure;

                                                               iii.     Located at least 50 feet from all property lines;

c.   Accessory structures located on commercial use properties within the General Development district shall not exceed 30 feet (or 25 feet if flat), provided they are located at least 50 feet from residential uses or residential zoned lots and are not located in the front yard setback established for the principal structure.

d.   Accessory structures located within Commercial and Industrial districts shall not exceed 40 feet provided they are located at least 100 feet from residential uses or residential zoned lots and are not located within the front yard setback established for the principal structure.

e.   Barns and similar accessory structures used for defined State of Vermont accepted agricultural practices may have a permitted height of up to 40 feet to the peak.

(6)  Any accessory structure designed as a poolhouse shall be located no farther than fifteen (15) feet from the swimming pool to which it shall be accessory.

(7)   If an accessory structure is to be located in the front yard of a residential property in General Development Districts, Lakeshore Districts, and R1, R2, and R3 Districts, the following criteria shall be met: 

a.      The appearance of the accessory building shall be residential in nature.  Exterior building details – including scale, fenestration, roof and siding materials, color and design – shall be compatible with the principal structure. 

b.     The placement of more than one accessory structure within a front yard shall require approval by the DRB through the conditional use process herein defined in Article 8.

c.      The accessory structure shall not be permitted directly in front of an existing or proposed principal structure as measured from the front property line. 

B.    Accessory Uses.

(1)  Accessory Dwelling Units (ADU).  An accessory dwelling unit (ADU) may be approved that is accessory to a conforming residential use in accordance with Title 24 VSA Section 4412 (1) (E) as amended from time to time.  The following criteria shall be used when reviewing an application for a zoning permit:

a.    The owner shall occupy either the principal dwelling or the ADU.

b.    Only one ADU may be permitted per parcel.

c.    The accessory unit, whether located in the principal or an accessory structure, shall have the external appearance of a single-family residence.  Exterior building details – including scale, fenestration, roof and siding materials, color and design – shall be compatible with the principal dwelling.

d.    The unit shall contain no more than 2 bedrooms.

e.    The ADU square footage shall not exceed 900 square feet in gross floor area or 30% of the gross floor area of the principal dwelling whichever is greater.  Included in the calculation of gross floor area for an accessory dwelling unit shall be any structure, attached or detached, principally used by the ADU.  Unenclosed structures such as decks, porches, patios, pools, and similar shall not be counted in the gross floor area calculation of an accessory apartment.

f.     All applicable regulations for the provision of sewage disposal and water supply shall be met; all applicable wastewater permits shall be obtained prior to issuance of a zoning permit for the ADU.

g.    Adequate off-street parking shall be provided to include two parking spaces for the principal dwelling unit and one space per bedroom for the accessory apartment.

(2)  The outdoor storage or parking, storage or use of a travel trailer, tent trailer, pickup camper or coach, motorized dwelling, boat and boat trailer, snow vehicle, cycle trailer, utility trailer, horse trailer, or similar recreational vehicle per residential lot by the owner provided the following conditions are met:

a.       Such vehicular equipment is stored or parked on private property no closer than eighteen inches to any proposed or existing public sidewalk and so as not to project into the public right-of-way;

b.      Minimum 5’ side yard setback except with neighbor’s written concurrence.

c.       On corner lots, any such vehicular equipment that exceeds thirty-six inches in height is not parked in the triangular area formed by the three points established by the intersection of property lines at the corner and the points thirty feet back from this intersection along each property line;

d.      No travel trailer, tent trailer, pickup camper or coach, motorized dwelling, or van is used for the conduct of business or for living or housekeeping purposes except when located in an approved mobile home park or in a campground providing adequate sanitary facilities.

e.       Any travel trailer, tent trailer, detached pickup, camper or coach, boat and boat trailer, cycle trailer, utility trailer and van, horse trailer and van parked or stored out-of-doors is adequately blocked or tied down or otherwise secured so that such vehicle does not roll off the lot and is not moved about by high winds; and

f.       No vehicular equipment regulated by this section is stored out-of-doors on a residential lot unless it is in condition for safe and effective performance of the functions for which it is intended.

g.      No more than two of any combination of travel trailer, tent trailer, pickup camper or coach, motorized dwelling, boat and boat trailer, snow vehicle, cycle trailer, utility trailer, horse trailer, or similar recreational vehicle may be stored per lot at any given time.

h.      No more than one unregistered vehicle may be kept on a lot.  Exempted from this requirement are non-motorized boats that are not required to be registered.

i.        Farm equipment normally on farm land and equipment involved in construction and which is kept on an active construction site shall be excluded from this section.

(3)  The storage of scrap, salvage/junk material, refuse, automotive dismantling, salvage or recycling facilities on a lot is hereby prohibited. Exempted from this requirement are: 1) approved salvage operations, 2) construction projects when approved with a building permit from the Administrative Officer, and 3) nominal storage of materials in the rear yard or otherwise screened from view when associated with a residential use. Refuse for commercial, industrial, and multi-family dwelling units shall be in trash containers in accordance with Section 10.06 herein. Refuse for single-family residential shall be limited to up to three trash containers outside a structure.

2.10 Fences

A.    General Requirements. In this section, fence and wall shall be interchangeable terms.  Fence height shall be the vertical distance as measured from the average preconstruction grade to the highest point of the fence. 

B.    Specific Requirements. All fences are subject to the following provisions:

(1)  A fence shall be erected within the boundaries of the applicant’s property and shall be placed wholly within but not on the property boundaries.  A fence shall be erected outside road right of ways as well as all bike/ped permanent easement areas.

(2)  A fence shall be erected so that its smooth or finished side faces an abutting property or roadway. All fence posts shall be placed on the inside of the fence, except for a fence to contain livestock.

(3)  No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic.

(4)  Any fence shall require a permit.  A fence under six (6) feet in height shall require a building permit.

(5)  A fence over six (6) feet in height shall require approval by the DRB as a conditional use subject to the provisions of Article 8, Conditional Use Review.  In no case shall a fence height exceed 14 feet in height.

(6)  A fence over six (6) feet in height shall meet the accessory structure setback requirements for the zoning district, unless otherwise approved by the DRB as a conditional use subject to the provisions of Article 8, Conditional Use Review.

(7)  No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or cause the blockage or damming of surface water.

(8)  No fence shall be erected that may create a fire hazard or other dangerous condition or that may result in obstruction to fire fighting.

(9)  Fences shall be maintained in a safe and substantial condition.

(10)         No fence shall be located or constructed on a terrace or wall that will have an overall height of more than that permitted, unless otherwise approved by the DRB as a conditional use subject to the provisions of Article 8, Conditional Use Review.

(11)         Fence heights. Fence height is generally measured from the ground level-or no more than four (4) inches above ground level- to the tallest part of the fence. Fence posts and fence posts caps do not count towards the height of the fence provided they are not taller than six (6) additional inches and represent less than 20% of the width of the fence panels.

C.    Prohibited Fences and Materials. The following fences and fencing materials are specifically prohibited:

(1)  Barbed, razor or ribbon wire or broken glass as part of any fence except fences erected by a municipal, state, or federal entity.

(2)  Pointed metal fences except fences erected by a municipal, state, or federal entity.

(3)  Canvas and/or cloth fences, except when used to protect shrubs and vegetation.

(4)  Poultry and/or turkey wire fences within minimum front, side and rear yards.

(5)  Temporary fences, unless for snow control. Snow control fences shall be allowed from November 1 through to the following May 1.

(6)  Expandable fences and collapsible fences, except during construction of a building or for municipal, state, or federal projects.

(7)  Chain link fences erected with the open loop at the top of the fence.

D.    Exemption. All existing fences that do not conform to the provisions of these regulations may be continued as they presently exist, except that these fences shall not be altered, extended, replaced or modified except in accordance with these regulations.

2.11 Swimming Pools. 

All swimming pools shall be constructed in compliance with Chapter Four, Article Four of the Town of Colchester Code of Ordinances as amended from time to time.

2.12 Non-conforming Uses, Structures and Lots. 

This section shall apply to non-conformities as defined in Title 24 V.S.A. Section 4303(16).  These uses and structures shall be subject to the restrictions and conditions set forth herein. 

2.13 Alteration of Existing Grade or Impervious Area

A.    General Provisions.  In any district the removal or filling except when incidental to or in connection with the construction of a duly permitted structure on the same lot, shall require a building permit.  In any district the increase of impervious area or paving of a previously unpaved area except when incidental to or in connection with the construction of a duly permitted structure on the same lot, shall require a building permit. 

B.    Applications for the removal or filling on a property exceeding 100 cubic yards of materials shall require site plan approval by the Development Review Board subject to the provisions of Article 8, Site Plan Review prior to consideration of a building permit. 

(1)  All applications for the removal or filling on a property located in the Flood Plain District or Shoreland District shall require approval by the Development Review Board subject to the provisions of Article 8, Site Plan Review prior to consideration of a building permit.  For all applications for the removal or filling on a property the applicant shall submit the following information:

a.   Depth of excavation in proximity to roads or adjacent properties.

b.   Slope created by removal.

c.   A plan for the rehabilitation of the site at the conclusion of the operations including grading, seeding, and planting, fencing, drainage, and other appropriate measures.

d.   A building permit application.

C.    C. Earth Products Review Standards.  In addition to the requirements and provisions of Article 8, Site Plan Review the applications shall meet the following standards:

(1)  Filling shall only be conducted with clean material such as sod, loam, sand, gravel, or quarried stone.  Biodegradable material shall not be considered clean fill.

(2)   No adverse effect upon public health or safety shall be created.

(3)   The proposed project shall not create a nuisance.

(4)   The effect upon the use of adjacent property by reason of noise, dust or vibrations shall be evaluated and no undue adverse effect shall be created.

(5)   The effect upon traffic hazards in residential areas or excessive congestion or physical damage on public ways shall be evaluated and no undue adverse effect shall be created.

(6)   The project may be limited in the duration of its permit to any length of time that the Administrative Officer or Board deems appropriate.

(7)   The project may be limited in the hours of operation, routes of transportation or material removed.

(8)   The Administrative Officer or Board may require suitable bond or other security adequate to assure compliance with the provision of this Section for the proper rehabilitation of the site.

(9)   Within the Flood Plain District, excavation of earth products shall be prohibited in such cases, except in relation to agricultural operations and commercial greenhouse operations, where it is anticipated that such excavation will lower the level of the water table or will interfere with the natural flow patterns or reduce the flood stage capacity.

(10)         No adverse effect shall be created to receiving waters.

2.14 Reserved

2.15 Wastewater Disposal

A.    General Requirements.

(1)  No individual subsurface sewage disposal system, no shared or community subsurface sewage disposal system, or component of any individual or shared system, shall be constructed, altered or used if it is within ten horizontal feet of any underground public infrastructure without specific written approval from the Department of Public Works except in conformance with the State of Vermont Environmental Protection Rules Chapter 1 as amended from time to time.

(2)  No permit for the construction of any building to be used for human habitation or for the alteration of any building so as to render it usable for human habitation shall be issued unless:

a.      Each dwelling unit is connected to either a municipal sewer main or an approved and permitted private sewage disposal system and;

b.     The plan demonstrates the availability of one toilet, one bathroom sink, one tub or shower bath and one kitchen-type sink, all plumbed into the permitted wastewater disposal system.”

2.16 Fire Prevention Code

A.    General Requirements. No structure or building shall be constructed or altered except in conformance with the Fire Prevention, Fire Protection, and Life Safety Regulations as incorporated in Chapter Seven of the Colchester Code of Ordinances and amended from time to time.

2.17 Building Code and Building Safety Ordinance

A.    General Requirements. No structure or building shall be constructed or altered except in conformance with the Colchester Building Code and Building Safety Ordinance as incorporated in Chapter Four of the Colchester Code of Ordinances and amended from time to time.

2.18 Signs

A.    General Requirements. No signs shall be erected or maintained except in conformance with the regulations herein.

B.    Exempt Signs. No sign permit shall be required for the following signs:

(1)   Directional signs and sign plazas as defined in and erected pursuant to Chapter 21 of Title 10, Vermont Statutes Annotated. 

(2)   Entry signs, which contain the words "enter" or "exit" and/or related/similar wording, which are ground-mounted or post-mounted signs that do not exceed four (4) feet in height, and which do not exceed four (4) square feet in area.  Included on these signs may be a reference to a business, office or building only where that business is not directly served by a curb-cut at the property itself and shares a curb-cut with another or multiple businesses or entities.  These signs shall coordinate lettering and design with the overall signage for the property served.

(3)   Historical markers, memorial signs or tablets, names of buildings and date of erection when cut into any stone or masonry surface or when constructed of bronze or other incombustible materials and not exceeding six (6) square feet in total area.

(4)   One (1) residential name plate sign as defined herein.

(5)   Traffic signs and legal notices.

(6)   Signs for the Town of Colchester including but not excluding community directories and signs that advise the public of the location of facilities operated by the town.

(7)   Directional signs.

(8)   "Warning", "Danger", "No Trespassing", or similar signs, in size and quantity as reasonably required to accomplish their intended purpose;

(9)   No more than two (2) signs advising the public that the property on which the sign is displayed is available for sale, rent, or lease. Such signs shall not exceed a combined total of six (6) square feet in area in Residential and Mobile Home Park Districts or a combined total of 32 square feet in all other districts.

(10)         Bona fide holiday decorations displayed during the holiday period. Logos, business names, and commercial messages shall be prohibited on holiday decorations.

(11)         One (1) A-frame sign per lot permitted for open-air markets, horticultural sales or agricultural operations as defined in these regulations. Signs shall be restricted to a maximum of 16 square feet in size and six (6) feet in height.  Signs shall be secured to the ground, shall be non-illuminated, and shall meet all the general sign requirements, design standards, and freestanding sign setbacks of this ordinance. Seasonal businesses shall remove their signs at the time of closure for the season and may restore their signs to the site at the reopening of seasonal businesses.  Signs shall not restrict sight distance in any direction.

(12)         Scoreboard signs shall not be restricted in size, height, or methods of illumination. Signs attached to scoreboards are also exempted provided the following are met:

a.    The sign advertises only businesses or organizations that made a monetary contribution towards the scoreboard in question.

b.    The sign includes the words “This scoreboard donated by” or similar words to that affect.

c.    The maximum size of the sign shall not exceed 21 square feet.

d.    The area of the sign shall not exceed 24% of the area of the scoreboard and sign combined.

e.    The maximum height of the sign shall be 10 feet, measured from the grade line at the base of the scoreboard to the highest portion of any part of the sign.

f.     The sign shall not be illuminated.

(13)         Signs for charitable or political purposes shall be exempted provided the following are met:

a.     The sign shall not exceed five (5) square feet in area;

b.     The sign shall not exceed three (3) feet in height;

c.     Signs shall be removed within five (5) days after the election or event publicized.

d.     All signs shall comply with 13 V.S.A. § 301 3 and 10 V.S.A. §§481-506 and §494(9) as amended from time to time.

(14)         Signs on a duly permitted construction site advertising the contractor, designers, new use or business provided that the signs are erected after the issuance of a building permit and removed prior to the issuance of a certificate of occupancy.

C.    Prohibited Signs. The following types of signs shall be expressly prohibited in the Town of Colchester:

(1)   Roof signs, except for signs erected on a parapet wall if such parapet is architecturally consistent with, the entire building and is not erected solely to receive the sign.  Any such sign shall not extend above the parapet wall.

(2)  Wall signs that cover, wholly or partially, any window, door, or other wall opening or that projects beyond the ends or top of the wall to which they are attached. 

(3)  Signs located on a tree, upon a rock or other natural feature.

(4)   Exempt from this prohibition are up to three of the following properly displayed flags per business: town, state or country, Prisoners of War flag, open flag, corporate or seasonal flag.  No lettering shall be permitted on a seasonal or corporate flag.

(5)   Billboards.

(6)   Animated or action signs as defined in these regulations.

(7)  Signs illuminated by or containing flashing, intermittent, rotating or moving lights. Electronic or changeable message signs, not to exceed 10 square feet in area, may be allowed to the extent that their display is static and the duration of each message is not less than five (5) minutes. Scrolling text, animation, video or other forms of continuously changing messages shall be prohibited. Not more than one (1) electronic or changeable message sign shall be located on a lot.

(8)   Signs consisting of or employing string lighting.

(9)   Signs intended to be primarily readable from a limited access roadway such as Interstate 89 or the Circumferential Highway.

(10)         Signs constructed of paper, cardboard or similar material or signs that are temporary or non-permanent. 

(11)         Signs that contain obscene, indecent or lewd content as defined within 13 V.S.A. §2801.

(12)         Pennants and balloons (excludes feather signs).

D.    Signs in Residential Districts. Signs within Residential Districts and the Mobile Home Park District shall be limited to the following:

(1)  One (1) sign, not in excess of eight (8) square feet in area, located on a lot on which a lawful non-residential use exists.

(2)  One (1) sign, not in excess of four (4) square feet in area, located on a lot on which a valid home occupation or business exists.

(3)  One (1) free-standing or monument sign at each entrance of an approved subdivision or multi-family dwelling provided that the sign is non-illuminated, less than 20 square feet in area, and less than six (6) feet in height above the ground.

E.     Hazards. No sign shall be designed or located to impair public safety, traffic flow or road visibility, specifically:

(1)  Any sign or advertising structure as defined in these regulations shall be designed and constructed to withstand wind pressures and receive dead loads as required by recognized engineering and construction practices in the Town of Colchester.

(2)   All signs, and any structure such as standards and posts supporting them, shall be of substantial and sturdy construction. Break-away standards and posts are permitted if of substantial and sturdy construction.

(3)   No sign shall prevent free ingress to or egress from, any door, window or fire escape.  No sign shall be attached to a stand pipe or fire escape.

(4)  No sign may be erected that imitates or resembles any official traffic control sign, signal, or device or as to direct the movement of traffic.

(5)  No sign shall be located in a way that prevents drivers from having a clear and unobstructed view of traffic control signs, and approaching or merging traffic.  No sign shall obstruct free and clear vision, or distract the attention of the driver of any vehicle by reason of its position, shape or color. No sign shall restrict clear vision between the sidewalk and road.

(6)   No sign shall be designed so that it could be confused with any traffic sign or signal. Accordingly, no sign or other advertising structure shall make use of the words "Stop", "Go", "Look", "Slow", "Danger", or any other similar phrase, symbol, or character, or apply any color in a manner to wholly distract, mislead, or confuse traffic.

(7)  No sign shall in its construction employ any mirror or mirror-like surface, nor any reflective, day-glowing or other fluorescent paint or pigment.

(8)  No luminous sign, indirectly illuminated sign or lighting device shall be placed or aimed so as to direct beams of light or cause glare upon any road, sidewalk or adjacent premises in a manner that may constitute a traffic hazard or nuisance.

F.     Setbacks. Zoning district setbacks shall not apply to signs, except that no freestanding or monument sign shall be placed closer than five (5) feet or the total height of the sign, whichever is greater, from any lot line or road right-of-way.

G.    Lighting. No sign shall be illuminated during hours when the premise is not occupied or open for business. A constant light source may be used for sign lighting in accordance with the following:

(1)  All bulbs shall be shielded or covered so that they are not visible to persons viewing the sign. Indirect or interior lighting may be used to illuminate any sign provided that the source of light shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.  It shall be unlawful for any person to erect, alter, maintain or relocate any sign employing the use of luminescent lights, except where such luminescent elements are shielded from direct view by a separate translucent material. 

(2)  External lights shall be directed on the sign or wall surface, preferably from fixtures mounted above or as a halo with lighting behind the sign. Illuminance of the sign face by external light fixtures shall not exceed 50 foot-candles as measured on the sign face or wall behind the sign. An external light source shall be shielded and shall not be visible from adjacent properties or roads. Light fixtures used for signs, if visible, should be of a style compatible with the overall building façade. Externally illuminated signs are preferred over internally illuminated or electronic message signs.

(3)   Internally illuminated signs shall be designed so that only the sign copy is illuminated. Internally illuminated plastic signs with white or clear or other light colored backgrounds are discouraged.  Internally illuminated signs with dark backgrounds and contrasting lettering are encouraged, so as to ensure that the lettering is illuminated rather than the signboard. The light emitted from the non-opaque portions of such signs shall not exceed a maximum brightness of 500 nits.

(4)   Electronic message signs shall not exceed a maximum brightness of 5,000 nits during the day and 500 nits at night. The brightness of such signs shall automatically adjust in response to changes in ambient light levels. Electronic message signs shall default to a black screen in the case of a malfunction.

H.    General Design Standards. Signs shall be designed and constructed in such manner and of such materials as to be consistent with the following design standards:

(1)  Signs shall not dominate the lot on which they stand or the building to which they are attached, but shall be visually compatible and harmonious with the associated development. The design of a sign shall be compatible in design and color to the structures on the site on which the sign will be placed.

(2)  The design of all signs on a property shall promote a consistency in terms of color, graphic style, lighting, location, material and proportions.

(3)  Signs shall contain a minimum amount of lettering, colors and other design features necessary to clearly communicate their message without being distracting to motorists. Use of more than three (3) predominant colors on a sign is discouraged.

(4)  Signs shall be designed and constructed of durable materials.

(5)  Signs indicating membership in national or regional organizations (including credit card signs) or informing the public that gifts, trading stamps, or similar promotional items are available shall be incorporated in the principal sign.  Such signs shall be included in the overall square footage calculation.

(6)  The area of a sign shall be calculated as follows:

a.      for cut-out letters, that area shall be computed by taking one-half the area enclosed within the smallest geometric figure needed to completely encompass all letters, including vertical and horizontal spacing between letters.

b.     for signs other than cut-out letters, that area shall be computed by taking the total area of the facing or the total area within the outer edge of any existing border of the sign.

c.      the base of a freestanding sign shall be included in the maximum allowable square footage if the base is a solid pylon.  Rock walls and posts less than 18 inches in diameter shall not be deemed to be pylons.

I.       Freestanding and Monument Signs. The following shall apply to freestanding and monument signs:

J.      Wall Signs. The following shall apply to wall signs:

K.    Hanging or Projecting Signs. Hanging or projecting signs shall only be allowed in the GD-3 and GD-4 districts in accordance with the following:

L.     Window Signs. Window signs, temporary or permanent, are permitted provided the total sign area does not exceed 25% of the total window area to which the signs are attached.

M.   Directory Signs. When it is necessary to orient the public by listing multiple stores or offices within one complex, an additional directory sign may be installed at the building entrances or in a suitable location to allow visitors, once within the property, to receive direction for a particular location.  These directory signs are not to compete with any advertising or informational signs designed to be visible from the traveled way. There shall be no more than two (2) directory signs per building.

N.    Signs for Specific Uses.

(1)  Drive-Through Restaurants. Restaurants with drive-through facilities may have one (1) sign displaying menu items in addition to any freestanding signs permitted herein.  A menu board sign shall not exceed 32 square feet and shall be screened from view except from the drive-through lane itself.

(2)  Gasoline Sales. For establishments selling gasoline, wall signs may be attached only to the principal building. There shall be no more than two (2) wall signs on the principal building.  No signs shall be permitted on the canopy. In addition to signs permitted by other provisions of this section, gasoline stations may have signs attached to functioning gasoline pumps. No individual sign shall exceed two (2) square feet and the total square footage of all such signs shall not exceed 25 square feet.  Such signs include but are not limited to: “restrooms”, “self-service”, “turn off engine”, or “unleaded”. Notwithstanding, any sign including the name and/or logo of the business to which it is attached shall count as wall signage and shall be subject to the applicable provisions of these regulations.

O.    Temporary Signs. Temporary signs may be permitted in accordance with the following:

(1)  One (1) unlit, portable, A-frame, banner, or sandwich board sign not to exceed ten (10) square feet in area or four (4) feet in height, which advertises daily specials, menu items or the like. The sign shall only be placed outside when the business is open. If the business is housed in building that abuts the sidewalk, such a sign shall be placed five (5) feet from the sidewalk. Such signs shall be weighted or secured as appropriate to prevent them from being blown or knocked over and creating a hazard.

(2)  One (1) unlit temporary sign or temporary feather sign not to exceed 32 square feet in area or 12 feet in height, which advertises a short-term sale, special event, seasonal product or the like. Such signs shall not be actionable or animated, or include any moving parts. Such a sign shall not be located within any public rights-of-way. Such signs shall be weighted or secured as appropriate to prevent them from being blown or knocked over and creating a hazard.

(3)  No permanent footings, posts or similar structures shall be installed to support a temporary sign. Temporary signs that are not readily moveable shall be considered a permanent sign subject to all provisions of this section.

(4)  Temporary signs may be displayed for the period(s) specified by the temporary sign permit issued by the town. A license holder found to be in violation shall have their permit suspended for the remainder of the year and shall not be eligible to apply for a permit for the following calendar year.

(5)  Temporary sign permits shall be as follows:

2.20 General Provisions and Maintenance Standards

A.    Purpose of Performance Standards. Consistent with the general purposes of these regulations, performance standards (see Appendix C) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to:

(1)  Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted.

(2)  Control noise and light trespass beyond the boundaries of the site of the use.

(3)  Prevent the discharge of untreated wastes into any watercourse or waterbody.

(4)  Prevent the dissemination of vibration, heat, or electromagnetic interference beyond the immediate site on which the site is located.

(5)  Prevent physical hazard by reason of biohazard, fire, explosion, radiation, or any similar cause.

(6)  Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion, and excessive noise in the streets.

B.    Hazardous Conditions Prohibited. No land or structure in any district shall be used or occupied in any manner so as to cause hazardous or objectionable conditions to exist or to in any way endanger users of the site or the surrounding area. Such hazardous or objectionable conditions include but are not limited to dangerous, injurious, noxious or otherwise objectionable biohazard, fire, explosive, acidic, corrosive, caustic, pathogenic, or other hazard; or to create any noise, vibration, smoke, dust, odor, air pollution, heat, cold, dampness, electromagnetic or radioactive radiation, glare, toxicity or other hazardous or objectionable condition on the site or in the surrounding area.

C.    Site Conditions.  No later than six (6) months after a permanent or temporary structure has been damaged, made uninhabitable, or has been abandoned, all scrap, debris, damaged or unsafe materials shall be removed from the site and any remaining excavation, foundation or cellar hole shall be covered over or filled to the existing grade by the property owner.

D.    Performance Standards. The use of any substance or process so as to create any hazardous or objectionable condition on the site or in the surrounding area shall be prohibited except at levels in conformance with the requirements of this section and the performance standards listed in Appendix C, Performance Standards.

E.     Review of Performance Standards.

(1)  The Administrative Officer shall withhold a building or zoning permit or Certificate of Occupancy until satisfied that the proposed construction or use will comply with the performance standards in Appendix C, Performance Standards.

(2)  Continued performance with such standards, once applicable, shall be a requirement for the continuance of any Certificate of Occupancy.

(3)  Furthermore, the Administrative Officer, upon determination at any time that a use is exceeding or may exceed performance standards or will in any way create potentially hazardous conditions shall require an application for conditional use review under the requirements of Article 8, Conditional Use Review and this section.

(4)  Any proposed construction, use, or change of use that, by its design or nature, is intended for the manufacture, processing, reprocessing, packaging, storage, transportation or disposal of hazardous materials shall require an application for conditional use review under the requirements of Article 8, Conditional Use Review and this section.

(5)  The Development Review Board or Administrative Officer may deny applications based on excessive hazard potential. 

F.     Required Information. Evidence of application for state and/or federal permits for the handling of potentially hazardous conditions, and/or the following information, at minimum, may be required for determination of compliance with performance standards or for conditional use review of potentially hazardous conditions:

(1)  Description of proposed machinery, operations, and products.

(2)  Amount and nature of materials to be used.

(3)  Mechanisms and techniques to be used in restricting the emission of any hazardous and objectionable elements, as well as projected or actual emission levels.

(4)  Method of delivery and disposal or recycling of any hazardous elements.

(5)  Types of hazardous materials to be present, quantities of those materials, and the combination of materials in determining the degree of exposure as pertaining to the site, to adjoining sites and the surrounding area within and without the Town of Colchester.

(6)  Expert testimony and documentation by a third party may be required at the expense of the applicant.

(7)  Other information as may be necessary.

G.    Conditions of Approval. The Development Review Board, in granting conditional use approval, may condition an approval to require evidence of the issuance of applicable state and/or federal permits for the handling of hazardous conditions prior to the issuance of a building permit, and may also impose conditions on the following:

(1)  Size and construction of structures, quantities and types of materials, storage locations, handling of materials, routes of travel, and hours of operation.

(2)  Warning systems, fire controls and other safeguards.

(3)  Provision for continuous monitoring and reporting.

(4)  Other restrictions as may be necessary to protect public health and safety.