Zoning Regulations - The Town of Hinesburg

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Hinesburg Zoning Regulations – October 12, 2009 Article 2following encroachments, under conditional use review, if there is no practicalalternative and if the stream buffer function will be addressed through erosioncontrols, plantings, and/or other measures:(a) Clearing of vegetation and filling or excavating of earth materials, only to theextent directly necessitated for the construction or safe operation of an alloweduse outside of the stream buffer area.(b) Encroachments necessary for providing for or improving public facilities.(c) Unimproved paths for the purpose of public recreation located at least ten (10)feet horizontal distance measured from the top of bank or the top of slope(when the channel runs adjacent to a valley wall or high terrace).(d) Improved paths for the purpose of public recreation located at least fifty (50)feet horizontal distance measured from the top of bank or the top of slope(when the channel runs adjacent to a valley wall or high terrace).(e) Stormwater treatment facilities meeting the stormwater treatment practicesand sizing criteria set forth in the Vermont Stormwater Management ManualsVolumes I and II as most recently amended.(f) Roadways, access drives, improved & unimproved paths for purposes ofcrossing a stream buffer to gain access to land on the opposite side of thebuffer, or for purposes of providing safe access to an approved use, in caseswhere there is no feasible alternative for providing safe access.(g) Utility lines, including telephone, cable, sewer and water, to the extentnecessary to cross or encroach into the stream buffer where there is nopractical alternative for providing or extending utility services.(h) Outdoor recreation and education facilities provided that any building orstructure (including parking and driveways) associated with such use islocated outside the stream buffer.(i)Stream restoration projects, including dam removals, in accordance with aplan approved by the Vermont Agency of Natural Resources.2.5.3 Setbacks Required: All land development activity, regardless of building permitrequirements as defined in section 4.1.1, is required to meet the setback and lot coveragerequirements of Table #1 unless a variance or conditional use is granted. Signs and schoolbus shelters shall not be subject to front yard setback restrictions, but shall not be so placed asto create hazardous situations.2.5.4 Setbacks for Restoration of Older Structures: Minimum setback requirements listed inTable #1 may be reduced, with conditional use approval, for the reconstruction or restorationof appurtenances (e.g., porches) to a structure built before 1940. Such appurtenances shallhave been in existence prior to 1940, and shall be reconstructed or restored in keeping, to theextent practical, with the original/historic outward appearance of the structure. See section4.2 for additional conditional use details, application requirements, and standards.2.5.5 Multiple Structures and Uses: It shall be unlawful to locate more than one principalbuilding or principal use on a parcel of land in the Rural Residential 1 and 2, Agricultural andShoreline districts which is not in separate ownership or which has not received all localsubdivision, zoning and /or other permits so that it could be separately owned or leased.(1) Multiple uses and/or structures are allowed on one lot in the Village Growth AreaDistricts, Commercial, and Industrial Districts with Site Plan Approval, provided theapplicant demonstrates there is sufficient space according to good planning standards.(2) Within the Village, Village NW, Village NE, Commercial and Industrial districts,- Page 6 -
Hinesburg Zoning Regulations – October 12, 2009 Article 2leasing of any portion of a lot, or other interest in land without subdivision may beallowed at the discretion of the Development Review Board as a conditional useprovided that the multiple uses present are compatible, that screening or other meansof separation be provided to separate uses and that good planning standards are met.2.5.6 Contiguous Area: Each lot must have a contiguous area of at least the minimum lot size forthe district in which the lot is located. Accordingly, if any lot is divided into two or more subparcelsby the LaPlatte River, Hollow Brook (all portions West of Route 116; East of Route116, only that portion along Hollow Brook Road), Lewis Creek, or the inflow or outflow toand from Lower Pond (Sunset Lake) and Lake Iroquois, private road (or any easement inwhich such a private road may be located) other than a private road serving the lot on whichit is located and no more than one other lot, minimum lot size requirements must be satisfiedby a single sub-parcel. Development on sub-parcels which do not themselves meetminimum lot size requirements is not precluded.2.5.7 Minimum Width and Depth Dimensions: No lot created after the date of adoption of thisSection (July 14, 1986) shall have a minimum width or depth dimension of less than 100 feetexcept as shown on Table 1. No lot or parcel of land under 5 acres in size which was createdafter this date (July 14, 1986) shall have a smaller lot dimension (width or depth) which isless than 20% of the other larger dimension. Triangular or other irregularly shaped lots maybe allowed at the discretion of the Development Review Board provided that theconfiguration allows for reasonable use of the land and allows for development in accordancewith applicable setback and lot coverage requirements.Section 2.6 CORNER PARCELLots which abut on more than one street or private right-of-way shall provide the front-yard setbackfrom each street or private right-of-way and frontage requirements shall be met on each street orright-of-way, if access to the lot is available from each frontage. If access from one or morefrontages is permanently restricted by deed condition and/or terrain features, frontage requirementsneed not be met on that side of the lot.2.6.1 Although typical corner lots will have multiple front yards for setback purposes, no lot shallhave more than one rear yard for setback purposes (see Yard, Rear Definition, section 10.1).2.6.2 On any corner lot on which a front yard is required by this Regulation, no wall, fence, orother structure shall be erected, and no hedge, tree, shrub, or other growth shall be maintainedin such location within such required front-yard span as to cause danger to traffic byobstructing the view.Section 2.7 HEIGHT LIMITATIONS2.7.1 Except as set forth in Section 2.7.2 and 2.7.3, the height of any structure, other than farmaccessory structures, shall not exceed thirty-five (35) feet. The height of any fence shall notexceed eight (8) feet except as set forth in Section 2.7.2.2.7.2 The Development Review Board may allow the following to exceed the height limitations setforth in Section 2.7.1 as a conditional use:(1) Architectural elements of residential structures,(2) Railroads, public utility towers, high-voltage transmission lines, substations, radioand television antennae, windmills, and other similar structures.(3) Farm accessory structures exceeding eighty (80) feet,(4) Industrial or commercial accessory structures exceeding thirty-five (35) feet, or(5) Church spires, belfries, monuments or similar institutional structures.- Page 7 -
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Zoning Regulations - The Town of Hinesburg

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