| COLCHESTER DEVELOPMENT REGULATIONS | SUPPLEMENT 48 |
Article 6: OTHER DISTRICTS
6.01 Agricultural District AGR
6.01–A Purpose. To maintain preserve and enhance agricultural lands, uses, and rural character of the Town of Colchester and to protect soil, water and other natural resources, to maintain, preserve and enhance open space lands and to protect these lands from suburban development.
6.01–B Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the AGR District shall also be subject to the following standards:
(1) Agricultural operations shall be subject to the following standards:
(a) Farm buildings 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 a Residential District as defined in Article 3.
(2) 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.
6.02 Mobile Home Park District MHP
6.02–A Purpose. To regulate the establishment and development of mobile home parks within residential areas.
6.02–B Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the MHP District shall also be subject to the following standards:
(1) All mobile home parks shall be reviewed as Planned Residential Developments as per Article 9.
6.03 Flood Plain District FP
6.03–A Purpose. In accordance with the purposes of 10 V.S.A. Chapter 32 and 24 V.S.A. §4424 to minimize adverse impacts of development upon the sensitive natural areas adjacent to Colchester's various watercourse and waterbodies. It is the purpose of this District to promote the public health, safety and general welfare, to prevent increases in flooding caused by the development of lands in areas of special flood hazard, and to minimize losses due to floods. Only open space uses not involving structures and impervious surfaces are intended for these areas.
6.03–B Permitted Uses. Those uses indicated in Table A-1 and accessory uses to those uses. Any uses not listed in Table A-1, or otherwise listed below, are prohibited. Items that are not customary as accessory uses to those listed in Table A-1 are prohibited.
(1) Public boat launching ramps, swimming areas (beaches), natural areas and hunting and fishing.
(2) Seawalls, retaining walls and similar structures detached from and not an integral part of a building.
(3) Stairs and associated landings detached from and not an integral part of a building.
(4) Rehabilitation, repair, or reconstruction of a structure or building so long as the footprint is maintained or reduced. There shall be no extension of the use or increase to square footage. If the repair, rehabilitation, or reconstruction of the structure or building is more than 35% of the value of the pre-existing structure or building in a ten year period, the building or structure shall be floodproofed. Additionally, any building or structure substantially damaged shall be floodproofed.
(5) Enlargement of residential structures that are floodproofed so long as the footprint is maintained or reduced.
(6) Green infrastructure.
6.03–C 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) Enlargement of buildings and structures lawfully in existence as of January 1, 2016 bordering West Lakeshore Drive between Prim Road and East Lakeshore Drive that are floodproofed and for which the applicant has submitted a study from a Professional Engineer based upon current FEMA guidelines and standards showing that the enlargement will not result in a loss of flood storage capacity, minimizes damage to structures from wave run-up, and implements green infrastructure in conformance with Section 4.05F and 4.06F herein.
6.03–D Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the FP District shall also be subject to the following standards:
(1) All substantially improved, reconstructed, or enlarged buildings shall be floodproofed. Floodproofed shall mean that the building or structure, excepting accessory structures, shall be raised so as to have the lowest horizontal member be two feet above base flood elevation by following FEMA compliant methods: piers, posts, columns, pilings, or foundation with flood gates. Floodproofing of accessory structures shall mean wet floodproofing utilizing FEMA compliant methods. Additionally, floodproofed shall also mean that structures are made reasonably safe from floodproofing through the following methods:
(a) anchoring in a FEMA compliant manner to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood;
(b) use of methods and practices that minimize flood damage including the use of materials resistant to flood damage;
(c) electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding and be located at least two feet above base flood elevation;
(d) adequate drainage paths around structures to guide floodwater around and away.
(2) All proposals for floodproofed structures shall be submitted to the State Department of Environmental Conservation or duly delegated agency and have an as-built FEMA Elevation Certificate submitted to the Administrative Officer prior to the issuance of a Certificate of Occupancy.
(3) Up to two inches of topsoil may be brought to a project site to re-establish ground cover and/or stabilize septic systems.
(4) Summer seasonal items such as boats and other recreational items may be stored under floodproofed structures so long as the area is not completely enclosed and the area is screened by lattice or other mostly open screening to contain the items in the event of flood.
(5) All appurtenances to a residential use, such as fuel tanks, shall be properly secured in accordance with FEMA standards.
(6) Public utilities and tanks shall be placed underground and securely anchored so as to minimize flood damage.
(7) The alteration or relocation of a watercourse is highly discouraged however if imminent threat to community services or personal property exist an application may be considered. The flood carrying and sediment transport capacity with an altered or relocated portion of any watercourse shall be maintained, and any alteration or relocation shall not result in any decrease of stream stability. Any applications for alterations or relocations of watercourses shall provide notice to the adjacent communities, the Steam Alteration Engineer and the NFIP Coordinator at the Vermont Agency of Natural Resources (ANR), and the Army Corps of Engineers. No permit may be issued until after receipt of comments from ANR or 30 days from the date of notification, whichever is sooner.
(8) No structures shall be constructed or expanded in the floodway. No land development activities shall occur within the floodway or floodplain that increases the Base Flood level.
6.04 Agricultural Mixed Use District (AMU)
6.04–A Purpose. To maintain and enhance agricultural uses within the Shipman Hill Neighborhood and to encourage complimentary activities that will help to sustain these agricultural uses through diversification, agri-tourism, and low impact residential growth.
6.04–B Permitted Uses. Those uses indicated in Table A-1 and accessory uses to those uses. The following additional standards shall apply to the uses indicated in Table A-1:
(1) General sales with a significant component of goods sold being agricultural or other items produced on the premises shall be limited as follows:
(a) General sales may be permitted only on parcels of 10 acres or larger. Contiguous parcels under the same ownership may be combined to satisfy this requirement.
(b) Maximum permitted gross building square footage for general sales is 5% of the square footage of the lot not to exceed 10,000 sq. ft.
(2) Distribution facility and warehousing with all storage within structures shall be limited as follows:
(a) Distribution and warehousing may be permitted only on parcels of 30 acres or greater.
6.04–C Area, Density and Dimensional Requirements. In the AMU District, all requirements of Table A-2 shall apply. In addition, the minimum lot size for a residential lot shall be one-half-of-an-acre and the maximum lot size shall be one acre. Density shall be determined under the Fixed Area Based Zoning Provisions of Section 6.04. The Development Review Board may, through the Site Plan Review Process of Article VIII herein, consider lot coverage maximums of up to 40% in conjunction with the uses enumerated in Section 6.04B(1) and (2).
6.04–D Fixed Area Based Zoning.
(1) Definitions.
(a) Parent parcel. A parcel of land in the AMU District that is greater than 2 acres on December 21, 2004.
(b) Development unit. The number of units determined from density calculations for a parent parcel. One development unit equals one dwelling unit to be developed within the parent parcel, subject to Section 6.04D.3, or one unit eligible for transfer under the Transferable Development Rights program (Section 7.06).
(c) Unbuildable Land. Class I or II wetland, floodplain or land that has an inadequate ability to support structures.
(2) The maximum number of development units per parcel is based on the total acreage of the parent parcel less the unbuildable land area. An overall density of one dwelling unit per buildable acre is permitted in the AMU District.
(3) A maximum of one-fifth (1/5th) of all permitted development units may be built within the parent parcel. All development units are eligible for transfer out of the AMU District under the Transferable Development Rights program (Section 7.06).
(4) Procedure for Determination of Development Units. Prior to or concurrent with the first subdivision of a parent parcel, the subdivider shall submit sufficient information to enable the Development Review Board to determine the maximum number of permitted development units for the parcel and the number of dwelling units that may be developed within the parent parcel. The Development Review Board shall issue Findings of Fact supporting its determination of available development units.
(Sample calculation: The Development Review Board determines that a parent parcel contains 75 total acres and 15 acres of unbuildable land. The net 60 buildable acres enable a maximum of 60 development units for the overall parcel. One-fifth of those units, or a maximum of 12 dwelling units, may be clustered within the parent parcel. The remaining 48 development units may be transferred out of the AMU District. If no dwelling units are built within the parent parcel, 60 development units may be transferred).
(5) Subsequent to or concurrent with the first subdivision of a parent parcel, development units shall be assigned and shall be identified by a sequential numbering system such that each parent parcel has a unique set of numbers, one for each development unit. The Planning and Zoning Office shall maintain a record of the total permitted development units for the parent parcel, the number of dwelling units built within the parcel, the number of transferred development units, and the unused number of units.
6.04–E Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the AMU District shall also be subject to the following standards:
(1) Agricultural operations shall be subject to the following standards:
(a) Farm buildings 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 a Residential District as defined in Article 3.
(2) All lots created for non-agricultural uses and all structures shall be located to minimize adverse impact on agricultural operations. The Development Review Board may require clustering of lots or other means to accomplish this objective.
(3) Auto, marine or equipment storage outside completely enclosed structures shall be fenced, landscaped, or otherwise located so as to screen the items being stored from all adjacent properties.
6.04–F F. Transferable Development Rights. Development units, as determined in Section 6.04D, may be transferred out of the AMU District under the Transferable Development Rights program (Section 7.06). For each development unit created in the sending district, the transfer rate shall be 1.0 TDR unit to be used in the R1, R2. and R3 Districts or 1.5 TDR units to be used in all other designated receiving districts (Section 7.06D).
(Sample calculation: At the time of the first subdivision of a parent parcel, the Development Review Board determines that 60 development units are available for the overall parcel. The maximum of 12 dwelling units are approved for development within the parent parcel, leaving 48 development units to be transferred. The transfer ratio allows 48 TDR units to be developed in the R1, R2, and R3 Districts or 72 TDR units to be developed in any other receiving district).