TOWN OF WALLINGFORD, VERMONT

 

2009

Zoning Regulations were first approved by the legal voters of Wallingford on March 2, 1971. The regulations were subsequently amended on September 12, 1972, December 12, 1989, amended and adopted June 15, 2009.  The following are the Amended Regulations.

ZONING REGULATIONS, TOWN OF WALLINGFORD, VERMONT  

INDEX

 

  1. Description of Zoning————————————1

Districts———————————————-1

Agricultural and Rural Residential Areas—————1

Industrial Areas—————————————2

Forest and Recreational Areas————————–2

 

  1.  Zoning Map Fire District #1 —————————–2

Industrial District Neighborhood ———————2

Commercial ——————————————-2

Multiple Residential ———————————2

Agricultural and Rural Residential ——————-2

Residential 15,000 ———————————–2

 

   3. Zoning Map Fire District #2 —————————–3

Industrial District ———————————-3

Agricultural and Rural Residential ——————-3

Neighborhood Commercial ——————————3

Multiple Residential ———————————3

 

4. Article I: Enactment, Purpose and Definitions———–4

Enactment ——————————————–4

Purpose ———————————————-4

Definitions ——————————————4

Accessory Use or Building —————————-4

Alteration ——————————————-4

Building Front Line ———————————-4

Coverage ———————————————4

Development ——————————————4

Dwelling Unit —————————————-4

Dwelling, Multiple Family —————————-4

Home Occupation—————————————4

Frontage ———————————————4

Licensing Authority ———————————-4

Lot Area ———————————————4

Lot Depth and Front Yard —————————–4

Lot Frontage —————————————–4

Mobile Home and Mobile Home Park ———————4

Non-Conforming Use ———————————–4

Non-Complying Structure ——————————4

Parking Space —————————————-4

Structure ——————————————–5

Trailer ———————————————-5

V.S.A. ———————————————–5

Yard ————————————————-5

 

  1.  Article II: Establishment of Zoning Districts and Zoning

   Maps————————————————— 6-7

 

  1. Article III: General Regulations ———————–7

Application of Regulations ————————–7

Existing Small Lots ———————————7

Lots Lying in More Then One District —————-7

Required Frontage ———————————–7

Protection of Home Occupations ———————-7

Prior Construction ———————————-7

Non-Conforming Uses ———————————8

Non-Complying Buildings —————————–8

Temporary Use of Structure ————————–8

Performance Standards ——————————-8

 

  1. Article IV: Specific District Regulations ————–9

Forest and Recreational Areas ———————–9

Agricultural and Rural Residential Areas ———– 10

Residential 15,000 ——————————— 11

Multiple Residential ——————————–11

Neighborhood Commercial —————————–12

Industrial ——————————————13

 

  1. Article V: Administration and Enforcement ————–13-15

Administrative Officer ——————————13

Zoning Permit —————————————14

Penalties ——————————————-13

Development Review Board —————————-14

Appeals ———————————————14

Conditional Uses ————————————14

Site Development Plan Approval ———————-15

Site Development Plan Review Procedure ————–15

Referral to State Agency

  1. Article VI: Other Specific Requirements —————-15

Off Street Parking Spaces —————————15

Signs ———————————————–15

Abandonment of Structures —————————15

Uses Not Permitted ———————————-15

 

  1. Article VII: Mobile Home and Mobile Home Parks ——–16

Definitions —————————————–16

Mobile Home —————————————–16

Mobile Home Park ————————————16

Mobile Home Park Permits —————————-16

Park Requirements ———————————–17

Utilities ——————————————-17

Refuse ———————————————-17

Records ———————————————17

Sewage ———————————————-17

Open Fire ——————————————-17

Single Mobile Homes ———————————18

Exceptions ——————————————18

Revocation of License ——————————-18

 

  1. Article VIII:

    Trailer, Recreational Campground and Equipment Storage

Definitions —————————————–19

Travel Trailer ————————————–19

Pick-up Coach —————————————19

Camping Trailer ————————————-19

Motor Home ——————————————19

Trailer or Recreational Campground Permits ———-19

Trailer or Recreational Campground Requirements —–20

Grade and Drainage ———————————-20

Roads and Driveways ———————————20

Minimum Lot Size ————————————20

Minimum Clearance ———————————–20

Storage of Camping and Recreational Equipment ——-21

Exceptions ——————————————21

Revocation of License ——————————-22

 

  1. Article IX:

    Amendments, Interpretation, And Effective Date

    Of Amendments —————————————–22

Interpretation ————————————– 22

Effective Date —————————————22

Severability —————————————–22

ZONING REGULATIONS, TOWN OF WALLINGFORD, VERMONT 

DESCRIPTION OF ZONING DISTRICTS, TOWN OF WALLINGFORD, VERMONT  

The Official Zoning Maps are available for inspection at the Town Clerk’s office in Wallingford Town Hall. The cost of making copies of the three maps to accompany “Zoning Regulations: Town of Wallingford, Vermont” seemed prohibitive. Following, however, for convenience of the public, is a written description of each zone.

Wallingford, Vermont Town Zoning Map No. 1, February 1971

ARR - Agricultural and Rural Residential Areas:

  1. An area extending the entire length of Town Highway No. 5 commonly called West Hill Rd. This is a strip ½ mile (2,640 feet) wide and extending ¼ mile (1,320 feet) each side of the centerline of Highway No. 5. However, from Route 140 a short way south where Highway No. 5 skirts the Tinmouth town line, and the strip is ¼ mile (1,320 feet) wide.
  1. An Area (excepting the village of Wallingford) bounded on the north by the Clarendon town line and on the south by the Danby andMount Tabor town lines. The eastern boundary, starting at the Clarendon town line is the 1,000 foot elevation and contour line on the west side of Bear Mountain and Green Hill and continuing south to the Mount Tabor town Line. The western boundary, starting from Clarendon town line, is the 700 foot elevation and contour line west of Route 7 and continuing south to Route 140; then the boundary line runs east along Route 140 to Otter Creek, then south along Otter Creek to a point opposite the property line between the Boy’s Camp and the Robert Davenport property, then west along that property line and continuing to the 700 foot contour, and finally south along the 700 foot contour line and, with the exception of the two White Pigment Corporation properties, continuing to the Danby town line.
  1. An area bounded on the north by the Shrewsbury town line, and on the east by the Mount Holly town line. It is bounded on the west and south by a line beginning at the Shrewsbury town line, and ½ mile east of the Long Trail, then running southerly on a line ½ mile east of, and parallel to, the Long Trail to Town Highway No. 6 commonly called Sugar Hill Road; then south easterly to Town Highway No. 42; then continuing south and east on Highway No. 42 to the intersection with Town Highway No. 44, and then easterly on the Trail to the Mount Holly Town Line.

IN- Industrial Areas:

  1. The Vermont Paving Corporation and Vermont Sand and Gravel Corporation properties. Parcel #s 0590610,0342800.
  2. The White Pigment Corporation properties. Parcel #7013164.

FR - Forest and Recreational Areas:

All the other areas, outside the villages of Wallingford and East Wallingford, are designated Forest and Recreational areas.

ZONING DISTRICTS

Wallingford, Vermont Town Zoning Map No. 2, February 1, 1971 FIRE DISTRICT NO.1  

IN – The Industrial District is bounded on the north by the Fire District boundary, on the west by Otter Creek (the Fire District boundary) and Batcheller Field Parcel # 0570032, on the south by the Fire District Boundary, and on the east by the Vermont Railway Parcel # 1410497, plus an area east of the Railway and north of Maple Street including the True Temper Corporation property and the CVPS substation Parcel #s 020082, 0030034.

NC – The Neighborhood Commercial District No. 1 includes:

a. the area between Railroad Street and the Vermont Railway where the school buses are parked and the Fire Station is located,

b. the area between Florence Avenue and Roaring Brook,

c. the properties bordering on South Main Street from Florence Avenue to Depot Street,

d. the Odd Fellows Hall and properties on the south side of School Street up to and including the High School and Elementary School properties,

e. the area bounded by School Street and North Main Street, and

f. the properties bordering on Depot Street and North Main Street, including the Lenzy Baker property, the Industrial Arts Shop, the Harry Townsend property and Smith’s Supermarket.

District No. 2 includes the properties on the west side of North Main Street between Elm Street and Maple Street, and the properties on the east side of North Main Street between Hull Avenue and Meacham Street.

MR – The Multiple Residential District includes all properties on the east and west sides of North and South Main Street except those properties included above in Neighborhood Commercial Districts No. 1 & 2, and the CVPS substation.

ARR – The Agricultural and Rural Residential District includes the area surrounding Creek Road and is bounded on all sides by the Fire District boundary.

R15 – The Residential 15,000 District comprises all the remaining area within Fire District No. 1 not otherwise set forth above. (Note:  The Vermont Paving and Sand & Gravel Corporations properties, although outside Fire District No. 1, are indicated on this Map because it was easier to show them here than on Map No. 1.)

IN – Industrial Areas:

The Vermont Paving Corporation and Vermont Sand and Gravel Corporation properties.

The White Pigment Corporation properties.

FR – Forest and Recreational Areas:  

All the other areas, outside the villages of Wallingford and East Wallingford, are designated Forest and Recreational areas.

ZONING DISTRICTS

Wallingford, Vermont Town Zoning Map No. 3, February 1, 1971 FIRE DISTRICT NO. 2

IN – Industrial District No. 1 is bounded on the north and west by the Fire District boundary, on the south by Town Road No. 28, and on the east by the Green Mountain Railway.

District No. 2 is bounded on the north by Route 140, on the east by the eastern boundary of the railway yards, so called.

ARR – The Agricultural and Rural Residential District is bounded on the north by the southern boundary of the Joseph Stewart property, on the west by Town Road No. 6, on the south by the Fire District boundary, and on the east by the Green Mountain Railway.

NC – The Neighborhood Commercial District is bounded on the north by the southern boundary of Jack Shipper’s Post House property, on the west by School Street, on the south by Route 140, and on the east by Mill River.

MR – The Multiple Residential District comprises all other areas within the Fire District not otherwise set forth above.  

ARTICLE I:  ENACTMENT, PURPOSE, AND DEFINITIONS

Enactment: In accordance with the Vermont Planning and Development Act, hereinafter referred to as the “Act”, 24 V.S.A., Chapter 117, Section 4301, et. seq. there are hereby established Zoning Regulations for the Town of Walling­ford, Vermont which are set forth in the text and maps that constitutes these regulations. These regulations shall be known and cited as the “Zoning Regulations: Town of Wallingford, Vermont.”

Purpose: The purpose of these Zoning Regulations is to promote the health, safety, and general welfare of the people of Wallingford. Specific objectives are to protect and enhance the value of property, prevent overcrowding of land and undue concentration of population, and to provide for orderly community growth.

Definitions: Except where specifically defined herein, all words used in these Regulations shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural; the word “lot” includes “plot”; the word “building” includes “structure”; the word “shall” is mandatory; “occupied” or “used” shall be considered as though fol­lowed by “or intended, arranged or designed to be used or occupied”; “person” includes individual, partnership, association, corporation, company or organization.

Doubt as to the precise meaning of any word used in these Regulations may be clarified by referral to the Planning Commission.

Accessory use or building: A use or building customarily incidental and subordinate to the principal use or building and located on the same lot.

Alteration: Structural changes, rearrangement, change of location or addition to a building, other than repairs and modification in building equipment.

Building front line: Line parallel to the front lot line transecting that point in the building face which is closest to the front lot line. This face includes porches whether enclosed or unenclosed but does not include steps.

Coverage: That percentage of the lot area covered by the building area.

Development: The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or land-fill, and any change in the use of any building or other structure, or land or extension of use of land.

Dwelling unit: Building or part thereof used as living quarters for one family. The terms “dwelling”, “one family dwelling”, “two family dwelling” or “dwelling group” shall not include a motel, hotel, boarding house, tourist home, mobile home, or similar structure.

Dwelling, multiple family: Building used as living quarters by three or more families living independently of each other.

Frontage: Refers to that part of the lot facing the street, highway, or right-of-way.

Home Occupation: Accessory use of a service character conducted within a dwelling by the residents thereof, which is clearly secondary to the dwelling used for living purposes and does not change the character thereof.

Licensing authority: The Town of Wallingford.

Lot area: Total area within the property lines excluding any part-thereof lying within the boundaries of a public street, or proposed public street.

Lot depth and front yard: Lot depth and front yard minimum distances shall be measured from the centerline of the street, highway, or right-of-way.

Lot frontage: Distance measured across the width of the lot at the building front line, or the proposed building front line.  

Mobile Home and Mobile Home Park: See Article VII.

Non-Conforming use: Use of land or structure which does not comply with all Zoning Regulations for the district in which it islocated, where such use conformed to all applicable laws, ordinances and regulations prior to the enactment of these Regulations.

Non-Complying Structure: Structure not complying with the Zoning Regulations for the district in which it is located, where such structure complied with all applicable laws, ordinances and regulations prior to the enactment of these Regulations.

Parking Space: Off-street space used for the temporary location of one licensed motor vehicle, which is at least nine feet wide and twenty-two feet long, not including access driveway, and having direct access to a street or alley.  

Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something located on the ground, except a wall, standard wooden fence, or woven wire fence, not over five feet high, or any wall or fence on an operating farm.

Trailer: Also Travel trailer, Pick-up coach, Camping trailer, Motor Home, Trailer or Recreational Campground. See Article VIII.

V.S.A.: Abbreviation for Vermont Statutes Annotated. (Available for reference at the Town Clerk’s Office.)

Yard: Space on a lot not occupied with a building or structure. Porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required yard.

ARTICLE II: ESTABLISHMENT OF ZONING DISTRICTS AND ZONING MAPS

Zoning Districts: Wallingford is hereby divided into the following zoning districts as shown on the town zoning maps:

FR    Forest and Recreational Areas  

ARR   Agricultural and Rural Residential Areas 

R15   Residential 15,000

MR    Multiple Residential  

NC    Neighborhood Commercial  

IN    Industrial

Zoning Maps: the boundaries of each of the foregoing districts are hereby established as shown, defined and bounded on the maps now on file in the office of the town clerk of the town of Wallingford and entitled:

  1. “Wallingford, Vermont Town Zoning Map No. 1, February 1, 1971.”
  2. “Wallingford, Vermont Town Zoning Map No. 2, February 1, 1971.”
  3. “Wallingford, Vermont Town Zoning Map No. 3, February 1, 1971.”

These maps, and all explanatory matter thereon, are hereby made a part of these Regulations.  

Interpretation of Zoning District Boundaries: If uncertainty exists with respect to the boundary of any Zoning District on the Zoning Maps, the Development Review Board shall determine the location of such boundary.

ARTICLE III: GENERAL REGULATIONS

  1.  Application of Regulations: Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building, structure, or part thereof, shall be occupied or used unless in conformity with the regulations herein specified for the district in which it is located.

2. Existing small lots: Any lot in individual and separate and nonaffiliated ownership from surrounding properties in existence on the effective date of these Regulations may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than one-eighth acre in area with a mini­mum width or depth dimension of forty feet.

3. Lots lying in more than one district: In the case of lots lying in more than one district, the provisions of any district may be applied for a distance of not more than 30 feet into any other adjacent district.

4. Required frontage on, or access to, public roads or public waters: No land development may be permitted on lots which do not either have frontage on a public road or public waters or, with the approval of the Development Review Board, access to such road or waters by a permanent easement or right-of-way at least twenty feet in width.

5. Protection of Home Occupations: No regulation herein is intended to infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof.

6. Construction approved prior to adoption or amendment to regulations: Nothing contained in these Regulations shall require any changes in plans or con­struction of a non-complying structure for which a building permit has been issued, and which has been completed within one year from the effective date of these Regulations.

7. Non-Conforming uses: The following provisions shall apply to all buildings and uses existing on the effective date of these Regulations which do not conform to the requirements set forth in these Regulations and to all buildings and uses that in the future do not conform by reason of any subsequent amendment to these Regulations.  Any non-conforming use of structures or land, except those specified below, may be continued indefinitely, but:

a. Shall be extended or expanded only upon the approval of the Development Review Board, which shall find that such extension or expansion does not create a greater nuisance or detriment.

 

b. Shall not be changed to another non-conforming use without approval of the Development Review Board, and then only to a use which, in the opinion of the Board, is no more objectionable in character than the old use.

 

c. Shall not be re-established without approval of the Development Review Board if such use has been discontinued for a period of one year, or has been changed to, or replaced by, a conforming use. Intent to resume a non­conforming use shall not confer the right to do so.

  1.  Non-Complying buildings: Nothing in paragraph 7 above shall be deemed to prevent normal maintenance and repair of a non-complying building provided that such action does not increase the degree of non-compliance.
  2.  Temporary uses and structures: Temporary permits may be issued by the Administrative Officer (referred to in Article V) for a period not exceeding one year for nonconforming uses incidental to construction projects, providing such permits are conditioned upon agreement by the owner to remove the structure or use upon expiration of the permit.

Such permit may be renewed upon application for an additional period not exceeding one year.

  1.  Performance standards: In all districts, all applicable State performance standards must be met.

ARTICLE IV: SPECIFIC DISTRICT REGULATIONS 

1. FR - Forest and Recreational Areas:

a. The following uses are permitted in the forest and recreational areas: agricultural and forest uses; public outdoor recreation; private outdoor recreation; commercial outdoor recreation; camp; private club; one family dwelling; wildlife refuge; accessory use; reservoir.

Conditional uses may be approved upon a finding by the Development Review Board that such use is of the same general character asthose permitted and which will not be detrimental to the other uses within the district or to the adjoining land uses.

b. Regulations concerning lot area, yard, and building height:

Lot area minimum:   one acre

Front yard minimum: 50 feet

Lot frontage min.:  150 feet

Rear yard minimum:  50 feet

Lot depth minimum:  150 feet

Side Yard minimum:  30 feet each side

Building height maximum: Three stories or 35 feet, whichever is less. No height limit for agricultural use.

c. General regulations: As set forth in Article V hereof, site plan approval is required.

2. ARR - Agricultural and Rural Residential Areas:

a.   The following uses are permitted in agricultural and rural residential areas: agricultural and forest uses; one family dwelling; two family dwelling: mobile home; professional residence-office; tourist home; boarding house, or lodge; motel, hotel, condominiums; religious institution; school, community center; hospital; dormitory. Also private club, membership clubhouse; public outdoor recreation; private outdoor recreation; commercial outdoor recreation; wildlife refuge; cemetery; parking lot; enclosed storage; accessory use; home occupation.

The following uses are permitted after issuance of a Conditional Use Permit by the Development Review Board:

Light manufacturing; public utility; mobile home park; trailer park; gasoline station; gravel pit; also animal-hospital, veterinary clinic, pro­vided that any structures for the housing of animals shall be at least two hundred feet from any residential or other use in the district to which it would be detrimental. Also other uses upon the finding by the Development Review Board that such use is of the same general character as those permitted and which will not be detrimental to the other uses within the district or to the adjoining land uses.

b.   Regulations concerning lot area, yard, and building height:  

Residential Uses  Non Residential Uses

Lot area minimum   one acre          two Acres

Lot frontage Min.  150 feet          200 feet

Lot depth minimum  150 feet          250 feet

Front yard Minimum  50 feet          65 feet

Rear yard minimum   50 feet          50 feet

Side yard minimum   30 feet each side 50 feet each side

Building height, maximum: Three stories or 35 feet whichever is less. Accessory building, 15 feet, No height limit for agricultural use.

c.   General regulations: As set forth in Article V hereof, site plan approval is required for multiple family and non-residential use.

3. R15 – Residential 15,000:

a. The following uses are permitted in the residential 15,000 district: One family
dwelling; two family dwelling; mobile home; professional residence office; school;
religious institution; public outdoor recreation; home occupation; enclosed accessory
building use. (Accessory building, other than garage, must be located at the rear of the
principal building or use.)

Conditional uses may be approved upon a finding by the Development Review Board that
such is of the same general character as those permitted and which will not be
detrimental to the other uses within the district or to the adjoining land uses.

b.  Regulations concerning lot area, yard, and coverage:

Residential Uses           Non Residential Uses

Lot area minimum 1 Family  15,000-sq/ft     one acre

2 Family  20,000-sg/ft     one acre

 

Lot frontage min.   100 feet                 150 feet

Side Yard minimum  10 feet each side        20 feet each side

Coverage maximum    20 percent              20 percent

a)  General regulations: Residences, including mobile homes, shall have a minimum
width of 20 feet. As set forth in Article V hereof, site plan approval is
required for non-residential use.

4. MR – Multiple Residential:

a. The following uses are permitted in the multiple residential district: One family dwelling; two family dwelling; multiple family dwelling; mobile home; professional residence-office; school; religious institution; community center; public outdoor recreation; home occupation; enclosed acces­sory building use: (Accessory building, other than garage, must be located at the rear of the principal building or use.) Conditional uses may be approved upon a finding by the Development Review Board that such use is of the same general character as those permitted and which will not be detrimental to the other uses within the district or to the adjoining land uses.

  1.  Regulations concerning lot area, yard and coverage:

Residential Uses  One family     Two Family    Multiple Family

Lot area minimum  15,000-sq/ft   20,000-sq/ft  10,000 sq/ft/unit

Lot frontage min. 100 feet       150 feet      150 feet

Side yard minimum 10 ft.ea.side 20 ft.ea.side 20 ft.ea.side

Coverage maximum` 20 percent    20 percent    20 percent

Non-Residential Uses

Lot area minimum One Acre

Lot frontage min.  150 feet

Side Yard minimum 20 feet each side

Coverage maximum  20 percent

c. General regulations: Residences, including mobile homes, shall have a minimum width
of 20 feet. As set forth in Article V hereof, site plan approval is required for
multiple family and for non-residential uses.

5. NC – Neighborhood Commercial:

a. The following uses are permitted in neighborhood commercial districts: retail store; business office; personal service; community center; religious institution; one family, two family, or multiple family dwelling; hotel; private club; mortuary, funeral home; parking; gasoline station; educational institution; enclosed accessory use.

Conditional uses may be approved upon a finding by the Development Review Board that such use is of the same general character as those permitted and which will not be detri­mental to the other uses within the district or to the adjoining land uses.

b.  Regulations concerning lot area, yard, and building height:

Lot area minimum      20,000 square feet

Lot frontage min.     150 feet

Rear yard minimum     10 feet

Side Yard minimum     30 feet each side

c.  General regulations: As set forth in Article V Thereof, site plan approval is
required for multiple family and non-residential use.

6. IN – Industrial:

a. The following uses are permitted in industrial districts: light manufacturing such
as parts assembly or woodworking; research and development laboratory; enclosed warehouse; one family and two family dwellings; mo­bile home; enclosed service and repair establishments; public garage; public utility substation; car wash; parking lot; sand or gravel pit; quarry; dairy manufacturing; accessory building use.

Conditional uses may be approved upon a finding by the Development Review Board that such is of the same general character as those permitted and which will not be detrimental to the other uses within the district or to the adjoining land uses.

b.  Regulations concerning lot area, yard, and building height:

Lot area minimum      20,000 square feet

Lot frontage min.     100 feet

Side Yard minimum     25 feet each side

Coverage maximum      40 percent

c.  General regulations: As set forth in Article V hereof, site plan approval is required for non-residential use.

ARTICLE V: ADMINISTRATION AND ENFORCEMENT

  1. Administrative Officer: An Administrative Officer is hereby appointed to administer the Zoning Regulations, as provided for in Section 4448 of the Act. This officer shall administer the provisions of these Regulations literally and in so doing shall inspect developments, maintain records, and perform all other necessary tasks to carry out the provisions of these Regulations.
  2. Zoning Permit: No development of land or building may commence, nor shall any land or structure which was created, erected, changed, converted or altered after the effective date of this article, be used or occupied, unless a Zoning Permit shall have been issued by the Administrative Officer. Not withstanding the foregoing, no permit shall be required for any structure, or, structural change, the total cost of which is less than $2,000.00. (Amended: December 11, 1989.)

A fee, payable to the Town of Wallingford, shall accompany the application for a
permit. Fees for Mobile Home Park and Trailer and Recreational Campground permits
are indicated in Articles VII and VIII of these Regulations; fees to accompany all
other Zoning Permit applications shall be $5.00.

 

The Administrative Officer shall not issue a Zoning Permit unless an application,
fee, plot plan, and any other approvals required by this Regulation have been
properly submitted. The administrative Officer shall, within 30 days of
submission of the required application and fee, either issue or deny a Zoning
permit. Failure to act within such 30 days shall be deemed approval and the permit shall be issued.

 

If the Zoning Permit is approved, all activities authorized by its issuance shall
be completed within two years of its date of issue, or the Zoning Permit shall
become null and void and reapplication to complete any activities shall be
required.

 

  1. Penalties: Violations of these Zoning Regulations are subject to penalties as prescribed by Section 4451 and Section 4452 of the Act.
  2. Development Review Board: There is hereby established a Development Review Board, appointed by the legislative body, consisting of five members two of which shall be present or former members of the Planning Commission. Rules of procedures, nature of appeals, public notice, conditions for variance relief, and all other matters shall be established as provided in Sections 4460 and 4461 of the Act.
  3. Appeals: Any interested person may appeal a decision or act taken by the Administrative Officer to the Development Review Board by filing a notice of appeal in accordance with the provisions of 24 V.S.A. 4465(a). Any interested person who has participated in a regulatory proceeding, as defined in 24 V.S.A. 4471(a), may appeal a decision of the Development Review Board to the Environmental Court in accordance with 24 V.S.A. 4471(c).  “Interested person” is defined in 24 V.S.A. 4465(b) (1) thru (5).
  4. Conditional Uses: No Zoning Permit shall be issued by the Administrative Officer for any use or structure that requires Conditional Use Approval until the Development Review Board grants such approval. In considering its action, the Board shall make findings on general and specific standards, hold hearings, and attach conditions, if any, as provided for in Section 4464 of the Act. The general standards which must be met are that any proposed conditional use shall not adversely-affect:

a)  the capacity of existing or planned community facilities;

b)  the character of the area affected;

c)  traffic on roads and highways in the vicinity, and

d)  by-laws then in effect.

Also, the proposed conditional use shall conform to the specific standards for the district in which it is located, with the exception, however, of mobile home parks and trailer and recreational campgrounds, which shall conform to the specific standards for those particular uses as provided in these Regulations.

 7. Site Development Plan Approval: No Zoning Permit shall be issued by the Administrative Officer for any use or structure, except one family and two family dwellings and all accessory structures related to them, until the Development Review Boardgrants Site Development Plan Approval. (Changed December 11, 1989.)

  1. Site Development Plan Review Procedure: Application for site plan approval shall be submitted to the Development Review Boardby the Administrative Officer and contain the following information: plot plan showing location and dimensions of the lot in question and a description of the proposed development, including a description of any building to be constructed or altered and its intended use. The Development Review Board shall act to approve, or deny, any such site plan within 45 days after the date it receives the proposed plan, and failure to act within such period shall be deemed approval.

Referral to State Agency: In accordance with Section 4424 of the Act, no Zoning Permit for the development of land in certain specified locations shall be issued by the Administrative Officer without first submitting a report to the appropriate State Agency.

ARTICLE VI: OTHER SPECIFIC REQUIREMENTS

  1. Off-Street Parking Space: The Development Review Board may require that off-street parking space be provided when deemed necessary to avoid hazardous congestion and facilitate traffic flow.
  2. Signs: On premise signs are regulated by 10 V.S.A. § 493.
  3. Abandonment of Structures: Within one year after work on an excavation for a building has begun or within one year after a permanent or temporary building or structure has been destroyed, demolished, or abandoned, all structural materials shall be removed from the site, and the excavation thus remaining shall be covered over or filled to the normal grade by the owner.
  4. Uses Not Permitted: In all districts the following uses are not permitted: hide tanning or curing plants, crematoriums, asphalt manufacturing or processing plants, rendering plants, manufacturing or processing of fertilizer, bone, rubber, paper, ammonia, chlorine, explosives, and manufacturing or refining of petroleum or gas.

ARTICLES VII: MOBILE HOME AND MOBILE HOME PARK

  1. DefinitionsMobile Home: A prefabricated dwelling unit which;

a) is designed for long term and continuous occupancy;

b) is designed to be moved on wheels, as a whole or in sections;

c) on arrival at the site is complete and ready for occupancy, except for incidental unpacking, assembly, connections with utilities, and placing on a support or permanent foundation, or installation as a unit in a previously prepared structure.

  Mobile Home Park: Any parcel of land under single or common ownership or control which contains, or is designed, laid out, or adapted to accommodate two or more mobile homes.

  1. Mobile Home Park Permits:

a) No person shall construct or operate a mobile home park without first obtaining site plan approval from the Development Review Board and a permit from the Selectboard. Before such a permit may be issued, there must be a favorable recommendation by a majority of the Development Review Board. Also in accordance with V.S.A. No. 291, a permit must be obtained from the designated State Agency.

b) Applications for a mobile home park permit shall be filed with the Clerk of the Town of Wallingford and said application shall be in writing and signed by the applicant; This application shall contain the following: Name and address of applicant; Location of Mobile Home Park; A complete scale drawing of the proposed park. Complete specifications of all utilities and sanitation facilities, including size of water and sewer lines; Any renewal application shall contain such information, as the licensing authority deems necessary.

c) The initial fee for a permit for a mobile home park shall be $50.00, payable to the Treasurer of the Town of Wallingford. The permit shall be renewable annually thereafter, provided that the mobile home park continues to conform to the provisions of these Regulations. The renewal fee shall be $5.00 per space annually.

  1. Park Requirements: Each mobile home park and extension thereof, if any, shall conform to the requirements of V.S.A. No. 291 “An Act To Provide for the encouragement of the Development of Attractive Sites for “Mobile Homes” and to the following:

a)       Each mobile home park must be a minimum of 15 acres in size.

b)       No mobile home in a mobile home park shall be located closer than 300 feet from the traveled portion of any public highway, and shall not be located closer than 100 feet from the side and rear boundaries of said park.

c)       At least 8000 square feet of lot area shall be provided for each mobile home in each park, including at least 5000 square feet for each mobile home site, plus at least 3000 square feet for each mobile home in common open space, exclusive of roads.

d)       Roads and driveways shall be paved.

e)       Utilities: Each mobile home lot or space shall be provided with a 220 volt approved electrical connection specifically metered, and all utility wiring shall be underground.

f)       Refuse: The storage, collection, and disposal of refuse in the mobile home park shall be so handled or managed by the licensee as to create no health hazards or area pollution. One refuse can, with a tight fitting cover, for each occupied mobile home lot or space shall be furnished by the licensee.

g)       Records: Each licensee shall keep a written record, subject to inspection at any reasonable time by a duly authorized officer of the Town of Wallingford, which shall contain the date of arrival, the make, year, serial number and length of each mobile home, and also the names of the occu­pants thereof.

h)       Each mobile home space or lot shall be provided with a continuing supply of safe and potable water as approved by the State Department of Health.

i)       Sewage:  Each mobile home park shall provide, or have available, a sewage system, which shall meet and conform to the requirements of the Sanitary Code of the State Department of Health and each mobile home space or lot in said park shall be provided with the facilities necessary to con­nect with said system.

j)       No open fires shall be permitted except in specific areas approved by the local authority.

k)       A mobile home park shall not be for the storage or display of mobile homes or as a sales agency for mobile homes.

4. Single Mobile Homes:

a)       Application to the Town of Wallingford, and a permit, shall be required by any person wishing to maintain, establish, station or park a mobile home for selling purposes.

b)       Individual mobile homes may be placed on privately owned land provided they conform to all residential regulations of the area.

c)       The space underneath the mobile home shall be screened from view.  

5. Exceptions: These Regulations, after the effective date thereof shall apply to all existing mobile home parks and individual mobile homes.  However, for all such existing parks and individual mobile homes, the Selectboard may waive any requirements (except those that pertain to sanitary conditions) which, in its judgment, will create undue hardship.

6. Revocation of License: The Town of Wallingford may revoke any license to maintain a mobile home park when the licensee has been found guilty, by a court of competent jurisdiction, of

ARTICLE VIII:  TRAILER, RECREATIONAL CAMPGROUND, AND EQUIPMENT STORAGE 

1. Definitions:

Travel Trailer: A vehicular portable structure, built on a chassis, and designed to be
used as a temporary dwelling for travel, recreational and vaca­tion uses. It is
permanently identified “Travel Trailer” by the manufacturer of the trailer and, when equipped for the road, it shall have a body width not exceeding eight feet and a body
length not exceeding thirty-two feet.

Pick-up Coach: A structure designed primarily to be mounted on a pick-up truck chassis
and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation use.

Camping Trailer: A canvas folding structure mounted on wheels and designed for travel, recreational, and vacation use.

Motor Home: A portable, temporary dwelling to be used for travel, recreational, and vacation, and constructed as an integral part of a self-propelled vehicle.

A trailer or recreational campground is land upon which two or more trailers or
camping and recreational units are parked and occupied for any time for living
purposes.

The word trailer as used hereafter includes Travel Trailer, Pick-up Coach, Camping Trailer, and Motor Home.

2.   Trailer or Recreational Campground Permits:

a)       No person shall construct or operate a trailer or recreational campground without first obtaining site plan approval from the Development Review Board and a permit from the Selectboard. Before such permit may be issued, there must be a favorable recommendation by a majority of the Development Review Board.

b)       Applications for a trailer or recreational campground permit shall be filed with the Clerk of the Town of Wallingford , and said application shall be in writing and signed by the applicant. This application shall contain the following: Name and address of applicant; Location of trailer or recreational campground; A complete scale drawing of the proposed camp ground; Complete specifications of all utilities and sanitation facilities, including size of water mains and sewer lines. Anyrenewal application shall contain such information as the licensing authority deems necessary.

c)       The initial fee for a permit for a trailer or recreational campground shall be $25.00, payable to the Treasurer of the Town of Wallingford. The permit shall be renewable annually thereafter, provided that the trailer or recreational campground continues to conform to the provisions of these regulations. The renewal fee shall be $1.00 per space annually.

  1.    Trailer or Recreational Campground Requirements:

Each trailer or recreational campground and extension thereof, if any, shall
conform to the regulations of the Vermont Department of Health, and to the
following:

a)        Each trailer or recreational campground must be a minimum of ten (10) acres in size.

b)        Grade and Drainage: The campground shall be located on a site free from stagnant pools and graded to insure proper drainage.

c)        Roads and driveways shall be hard gravel or paved.

d)        Minimum Lot Size:  A minimum of 15,000 square feet shall be provided for each trailer or recreational camping unit.

e)        Minimum Clearance: There shall be a minimum of twenty(20)feet clearance between each trailer or recreational camping unit.

f)        No camping or recreational equipment in a trailer or recreational campground shall be located closer than 100 feet from the traveled portion of any public highway and shall not be located closer than fifty (50) feet from the side and rear boundaries of said campground.

g)        The storage, collection and disposal of refuse in each trailer or recreational campground shall be so handled or managed by the licensee as to create no health hazards or area pollution. One refuse can with a tight fitting cover for each occupied camping lot or space shall be furnished by the licensee.

h)        Each trailer or recreational campground shall provide public toilets, showers and wash basins.

i)        Each trailer or recreational campground shall provide a sanitary dumping station which shall be located a minimum of 500 feet from the nearest trailer or recreational campground lot and source of water supply. At least two (2) water taps with hoses shall be provided at the dumping station.

j)        The method of sewage disposal at each trailer or recreational campground must be in compliance with the regulations of the Vermont Department of Public Health.

  1.    Storage of Camping and Recreational Equipment:

Any owner of camping and recreational equipment may park or store such equipment
on private residential property subject to the following conditions:

 

a)         If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of a lot.
b)         Notwithstanding the provisions of sub-paragraph e) camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes.

c)         Boats stored in open must be covered.

d)         Placement must be at least twelve feet from any and all sides and rear boundary lines.

 

e) Except for occasional use, such parked or stored camping and recreational
equipment shall not be occupied or used for living, sleeping, or housekeeping
purposes.

5.   Exceptions:

All trailer or recreational campgrounds in existence upon the effective date of these Regulations shall, within ninety days thereafter, obtain a permit from the Town of Wallingford and shall comply with the requirements of these Regulations. However,the licensing authority may, upon application of a campground operator, waive, or postpone compliance with, such requirements as required prohibitive reconstruction costs, provided that the park conforms to the sanitation requirements of the State Department of Health.

6.   Revocation of License:

The Town of Wallingford may revoke any license to maintain a trailer or recreational campground when the licensee has been found guilty, by a court of competent jurisdiction, of violating any provisions of the Regulations. After such revocation, the license shall be reissued if the circumstances leading to the conviction have been remedied and the campground is being maintained and operated in compliance with these Regulations.

ARTICLE IX: AMENDMENTS, INTERPRETATION, AND EFFECTIVE DATE

  1. Amendments: These Regulations may be amended according to the requirements and procedures established in Section 4441 and 4442 of the Act.  
  2. Interpretation: In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by these Regulations to repeal, annul, or in any way impair any regulations or permits previously adopted or issued, provided however that where these Regulations impose a greater restriction upon the use of a structure or land than are required by any other statute, ordinance, rule, regulation, permit, easement, or agreement, the provisions of these Regulations shall control.
  3. Effective Date: These Regulations shall take effect upon the date of their approval by the legal voters of the Town ofWallingford, voting by Australian ballot at the next regular or special meeting.
  4. Severability: The invalidity of any article or section of these Regulations shall not invalidate any other article or section thereof. Prepared by: WALLINGFORD PLANNING COMMISSION, October 2008.

NOTE:

Zoning Regulations were first approved by the legal voters of Wallingford on March 2, 1971. The initial Regulations were subsequently amended and then approved by the voters on September 12, 1972. Thereafter Zoning Regulations were subsequently amended and then approved by the voters on December 12, 1989, and subsequently amended on October 2, 2008.  The foregoing are the Amended Regulations currently in force and effect. WPC 1

1 Reprint October 2, 2008.

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(The following state statute is referenced in Article VI, ¶ 2, page 14).

10 V.S.A. § 493

§ 493. On-premise signs
Owners or occupants of real property may erect and maintain on the property, on-premise signs advertising the sale or lease of the property or activities being conducted on the property. Those signs shall be subject to the regulations set forth below.

(1) On-premise signs may be erected or maintained, with a total area of not more than one hundred fifty square feet, advertising activities being conducted on the same premises. However, this limitation does not apply to signs existing on May 1, 1971, or attached to or part of the building in which the activities are being carried on. An on-premise sign shall not be located more than fifteen hundred feet from a main entrance from the highway to the activity or premises advertised. The fifteen hundred foot distance shall be measured along the centerline of the highway or highways between the sign and a main entrance. A main entrance shall be a principal, private roadway or driveway which leads from a public highway to the advertised activity. For the purposes of this subdivision, premises shall not include land which is separated from the activity by a public highway, or other intervening land use not related to the advertised activity. Undeveloped land or farmland shall not be considered as an intervening land use.

(2) A sign advertising the sale or lease of real estate by the owner or an agent shall not have an area of more than six square feet, including the panel and the frame. Signs attached to “for sale” or “for lease” signs which state “sold,” “sale pending,” “sale under contract” or similar messages shall not be permitted.

(3) A permitted on-premise sign shall not extend more than twenty-five feet above the ground level or, if the sign is attached to or is part of a building, ten feet above the roof of the building. However, this limitation does not apply to signs existing on November 1, 1967.