Zoning Regulations - The Town of Hinesburg

Hinesburg Zoning Regulations – October 12, 2009 Article 4ARTICLE 4: PERMITS AND APPROVALSSection 4.1 APPLICATION FOR ZONING PERMITS4.1.1 No person shall undertake any land development as defined in Section 10.1 of this Regulationor a change in use, except as exempted in Section 4.1.2 below, without a valid zoning permitissued by the Zoning Administrator that specifically authorizes the action. A permit shall berequired for any action that:(1) Constructs, places or relocates a structure (see definition of structure and accessorystructure);(2) Substantially changes or expands the use of lands;(3) Substantially improves an existing residential structure or expands an existingresidential structure by more than one hundred (100) square feet. Successiveimprovements or expansions of 100 feet or less shall require a building permit oncethe cumulative total of said improvements or expansions exceeds 100 square feet;(4) Substantially changes the type of use or substantially expands the operations of apremises;(5) Commences new, or expands, mineral or gas exploration or drilling, sanitary landfill,earth resource extraction, or processing operations;(6) Demolishes a principal structure in the Village District;(7) Excavates for a pond or swimming pool;(8) Substantially changes, improves or expands an existing commercial or industrialstructure or use;(9) With the exception of leases, any transfer or division of land considered “notsubdivision” in the Subdivision Regulations.4.1.2 No zoning permit shall be required for the transfer or division of land that has been approvedby the Development Review Board as a Subdivision; however, all provisions of theHinesburg Subdivision Regulations must be met.4.1.3 Certificate of Occupancy. It shall be unlawful to use or occupy or permit the use oroccupancy of, any premises until a certificate of occupancy is issued by the ZoningAdministrator stating that the construction of the structure conforms to this Regulation,complies with all applicable conditions of the Development Review Board approval, and anynecessary Town driveway permit. In the event that construction of the structure for which acertificate of occupancy is being sought has directly damaged a town facility or utility theZoning Administrator shall not issue a certificate of occupancy until such damage has beenrepaired to the satisfaction of the Hinesburg Selectboard or unless a bond or other security insuch amount and form as approved by the Selectboard is posted to ensure correction of theproblem. A conditional certificate of occupancy may be issued where portions of a buildingmay be ready for occupancy before the completion of an entire structure, or in the event thatactual operation is needed to demonstrate compliance with performance standards (Section5.12) of this Regulation.4.1.4 As stated in Section 1.4.1, all structures and uses of land must be in conformance with thisRegulation, even though a permit for construction is not required. Those uses classified as"conditional" require approval of the Development Review Board. If a use is not mentionedin the district in which it is desired, it may not be newly established.4.1.5 Application for a Zoning Permit shall be made by the owner, lessee, or any person having acontractual interest in the property, or the agent of the foregoing, to the Zoning Administratoron forms provided for that purpose. All permit applications shall be signed by the- Page 36 -