COLCHESTER DEVELOPMENT REGULATIONS

SUPPLEMENT 48

Article 3: RESIDENTIAL DISTRICTS

3.01 Residential Three District/ R3

3.01–A     Purpose. A Residential Three District is hereby formed in order to encourage high density residential uses. This district is primarily located in developed areas with existing suburban residential. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses.

3.01–B     Additional Standards.

(1)     Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

3.02 Residential Two District/ R2

3.02–A     Purpose. A Residential Two District is hereby formed in order to encourage medium density residential uses. This district is primarily located in developed areas with existing suburban residential. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses.

3.02–B     Additional Standards.

(1)     Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

3.03 Residential One District/ R1

3.03–A     Purpose. A Residential One District is hereby formed in order to encourage low density residential uses. This district is located in areas that are transitioning from rural residential to suburban residential. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses.

3.03–B     Additional Standards.

(1)     Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

3.04 Residential Five District/ R5

3.04–A     Purpose. A Residential Five District is hereby formed in order to encourage preservation of rural and agricultural character and uses while allowing for low density residential uses. This district is located in rural and agricultural areas that are transitioning to rural residential. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses.

3.04–B     Additional Standards.

(1)     Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

(2)     Privately owned recreational facilities in which activity is conducted primarily outside enclosed buildings or structures, such as golf and country clubs, shall be subject to the following standards:

(a)     Lighting of playing areas for night use shall be prohibited.
(b)    Golf courses and country clubs shall locate all accessory uses within one clubhouse structure.

(3)     Agricultural operations shall be subject to the following standards:

(a)     Structures in which farm animals are kept shall be a minimum of 100 feet from all property lines.
(b)    Feed lots, fenced runs, pens, and similar intensively used facilities for animal housing shall be a minimum of 100 feet from all property lines.

(4)     Contractors Yard, Landscape use shall be subject to the following standards:

(a)     All equipment shall be stored within fully enclosed building;
(b)    Only earth moving equipment shall be kept on site;
(c)     No more than six pieces of equipment shall be kept on-site;
(d)    The equipment shall be stored in a structure that is sufficiently removed or buffered from adjacent properties;
(e)     All structures associated with the use shall be either residential or agricultural in appearance and sited so as to minimize visual dominance of the site especially from the road and adjacent properties.

3.05 Residential Ten District/ R10

3.05–A     Purpose. A Residential Ten District is hereby formed in order to encourage preservation of rural and agricultural character and uses while allowing for low density residential uses. This district is located in rural and agricultural areas. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses.

3.05–B     Additional Standards.

(1)     Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

(2)     Privately owned recreational facilities in which activity is conducted primarily outside enclosed buildings or structures, such as golf and country clubs, shall be subject to the following standards:

(a)     Lighting of playing areas for night use shall be prohibited.
(b)    Golf courses and country clubs shall locate all accessory uses within one clubhouse structure.

(3)     Agricultural operations shall be subject to the following standards:

(a)     Structures in which farm animals are kept shall be a minimum of 100 feet from all property lines.
(b)    Feed lots, fenced runs, pens, and similar intensively used facilities for animal housing shall be a minimum of 100 feet from all property lines.

(4)     Contractors Yard, Landscape use shall be subject to the following standards:

(a)     All equipment shall be stored within fully enclosed building;
(b)    Only earth moving equipment shall be kept on site;
(c)     No more than six pieces of equipment shall be kept on-site;
(d)    The equipment shall be stored in a structure that is sufficiently removed or buffered from adjacent properties;
(e)     All structures associated with the use shall be either residential or agricultural in appearance and sited so as to minimize visual dominance of the site especially from the road and adjacent properties.

3.06 Lakeshore Three LS3

3.06–A     Purpose. To regulate the use and development of lakefront property along East Lakeshore Drive, primarily for purposes of residential living and seasonal rentals, in a manner that:

(1)     Protects and enhances water quality;

(2)     Mitigates flood hazards;

(3)     Preserves and expands public access;

(4)     Maintains the favored historic cottage community character on the street-facing and lake-facing sides of these through lots;

(5)     Considers challenges to and resulting from unique parking complications, with pedestrian and vehicular safety as substantial considerations;

(6)     Promotes “greening” of shorelines, lot frontages and parking areas; and

(7)     Limits the amount of impervious surface and associated stormwater runoff;

3.06–B      Area, Density, and Dimensional Requirements. In the Lakeshore Three District, all requirements of this Section 3.06 and Table A-2 shall apply. 

(1)     A structure encroaching into setbacks, including all applicable overlay districts may be rebuilt in the same footprint within four years of demolition provided that the demolition is duly permitted.

3.06–C     Green Infrastructure Requirements.

(1)     Land development that meets the following criteria shall utilize the Vermont League of Cities and Towns Green Infrastructure Simplified Sizing Tool for Small Projects to demonstrate that 90% of annual storm events, or the first inch of rainfall from impervious surfaces, are adequately treated on the site and do not overwhelm off-site drainage areas or otherwise cause erosion:

(a)     Constructing or replacing a principal building; or
(b)    Increasing the footprint of an existing principal building by more than 25% within a 5-year period; or
(c)     Increasing the amount of impervious surface on a lot by 1,000 square feet or more over a 5-year period; or
(d)    Disturbing 1,000 square feet or more of soil on a lot within a 5-year period excluding septic work.

(2)     If any of the following conditions exist on the site that make compliance with Section 3.06 C(1) unattainable, as determined by a Professional Engineer, green infrastructure shall be used to the extent feasible on-site to maximize infiltration and minimize off-site runoff:

(a)     Seasonally high or shallow groundwater as defined in the Vermont Stormwater Management Manual;
(b)    Shallow bedrock as defined in the Vermont Stormwater Management Manual;
(c)     Soils contaminated with hazardous materials as defined in 10 V.S.A. §6602(16)
(d)    A stormwater hot spot as defined in the Vermont Stormwater Management Manual; or
(e)     Other site conditions prohibitive of on-site infiltration of runoff subject to the review and approval of the Development Review Board.

(3)     Sites that require a State Stormwater Permit will be deemed to have complied with Section 4.05F(1) herein upon issuance.

3.06–D     Building Placement and Design Standards.  For new, expanded, replaced, or substantially remodeled buildings, applicants shall submit site and elevation drawings to demonstrate that:

(1)     To the maximum extent feasible, buildings are designed to fit into the natural terrain and to minimize any change in grade on the site.

(2)     Buildings are located near the street with at least one entrance readily accessible and connected.

(3)     All sides of a structure shall receive design consideration. The front, sides, and rear of buildings shall be attractively designed and articulated to eliminate large spans of blank exterior wall.

(4)     The mass of the structure is broken up by incorporating visible changes in wall plane and roof form. Traditional roofline types such as gabled, hipped, and gambrel are strongly encouraged. Type, shape, pitch and direction of roofs should be considered in the design. Flat roofs are discouraged.

(5)     The building facade includes architectural features and details such as dormers, corner trim, awnings or porches and windows.

(6)     Landscaping and/or similar features shall be provided that will add visual interest.

(7)     The building incorporates different exterior textures, colors and materials that add visual interest.  The use of traditional building materials such as granite, brick, fieldstone, wooden clapboard is strongly encouraged. Alternatively, contemporary materials that simulate traditional materials, and that have the same visual effect, may be utilized.  The use of colors traditionally associated with the building style is encouraged.

3.06–E     Additional standards for all lots in LS3.

(1)     No expansion of vehicle-use and parking areas may be permitted unless they provide an area sufficient for a standard vehicle to park outside of the right of way, and to enter and exit the lot without backing directly onto East Lakeshore Drive. Applicants are strongly encouraged to relocate or remove pre-existing parking areas located between the building and the street to the maximum extent feasible.

(2)     Any new trash storage, building equipment, utilities or similar service functions shall be located to the side of principal buildings and will be screened as viewed from the lake and the street.

3.07 Lakeshore Four LS4

3.07–A     Purpose. To regulate the use and development of lakeview properties along East Lakeshore Drive, primarily for purposes of residential living and short-term and long-term rentals, that:

(1)     Protects and enhances water quality;

(2)     Mitigates flood hazards;

(3)     Respects the historic cottage community character of buildings in the district;

(4)     Considers parking challenges and prioritizes pedestrian and vehicle safety;

(5)     Promotes “greening” along East Lakeshore Drive through lawn and patio areas;

(6)     Limits the amount of impervious surface and associated stormwater runoff.

3.07–B     Area, Density, and Dimensional Requirements. In the Lakeshore Four (LS4) District, all requirements of this Section 3.07 and Table A-2 shall apply. 

(1)     A structure encroaching into setbacks, including all applicable overlay districts may be rebuilt in the same footprint within four years of demolition provided that the demolition is duly permitted.

3.07–C     Green Infrastructure Requirements.

(1)     Land development that meets the following criteria shall utilize the Vermont League of Cities and Towns Green Infrastructure Simplified Sizing Tool for Small Projects to demonstrate that 90% of annual storm events, or the first inch of rainfall from impervious surfaces, are adequately treated on the site and do not overwhelm off-site drainage areas or otherwise cause erosion:

(a)     Constructing or replacing a principal building; or
(b)    Increasing the footprint of an existing principal building by more than 25% within a 5-year period; or
(c)     Increasing the amount of impervious surface on a lot by 1,000 square feet or more over a 5-year period; or
(d)    Disturbing 1,000 square feet or more of soil on a lot within a 5-year period excluding septic work.

(2)     If any of the following conditions exist on the site that make compliance with Section 3.07 C (1) unattainable, as determined by a Professional Engineer, green infrastructure shall be used to the extent feasible on-site to maximize infiltration and minimize off-site runoff:

(a)     Seasonally high or shallow groundwater as defined in the Vermont Stormwater Management Manual;
(b)    Shallow bedrock as defined in the Vermont Stormwater Management Manual;
(c)     Soils contaminated with hazardous materials as defined in 10 V.S.A. §6602(16);
(d)    A stormwater hot spot as defined in the Vermont Stormwater Management Manual; or
(e)     Other site conditions prohibitive of on-site infiltration of runoff subject to the review and approval of the Development Review Board.

(3)     Sites that require a State Stormwater Permit will be deemed to have complied with Section 4.05F(1) herein upon issuance.

3.07–D     Building Placement and Design Standards. Applicants shall submit a site plan and elevation drawings for new or expanded principal buildings to demonstrate that:

(1)     To the maximum extent feasible, buildings are designed to fit into the natural terrain and to minimize any change in grade on the site.

(2)     Buildings are oriented towards the street with at least one entrance visible from the street.

(3)     All sides of a structure shall receive design consideration. The front, sides, and rear of buildings shall be attractively designed and articulated to eliminate large spans of blank exterior wall.

(4)     The mass of the structure is broken up by incorporating visible changes in wall plane and roof form. Traditional roofline types such as gabled, hipped, and gambrel are strongly encouraged. Type, shape, pitch and direction of roofs should be considered in the design. Flat roofs are discouraged.

(5)     The building facade includes architectural features and details such as dormers, corner trim, awnings, balconies or porches and windows.

(6)     Landscaping and/or similar features shall be provided that will add visual interest.

(7)     The building incorporates different exterior textures, colors and materials that add visual interest.  The use of traditional building materials such as granite, brick, fieldstone, wooden clapboard, etc. is strongly encouraged. Alternatively, contemporary materials that simulate traditional materials, and that have the same visual effect, may be utilized. 

3.07–E     Additional Standards

(1)     Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

(a)     Townhouses, as defined herein, shall be permitted in accordance with the dimensional standards established in Table A-2.
(b)    Small Multiplexes, as defined herein, shall be permitted in accordance with the dimensional standards established in Table A-2.

3.08 Multi-unit dwelling units exceeding the limits established in the definitions of Townhouses and Small Multiplexes shall be prohibited in this district.

 

Article 3: RESIDENTIAL DISTRICTS
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