Below are some answers to common questions about land use and zoning regulations that have come up in Bennington County. For additional information, please consult the following resources:
Bylaw, ordinance, regulations - what's the difference? All jurisdiction held by municipalities in Vermont is enabled by state law. Since there must be enabling statute in state law, local regulations are often referred to as bylaws. However, they can also be referred to as regulations or ordinances. There is a distinction between local regulations that are enabled under Title 24, Chapter 117 of Vermont State Statute and other regulations that may be adopted by a municipal selectboard or board of trustees. Often zoning regulations are referred to as bylaws in Vermont, while general regulations enacted by the local elected body are referred to as ordinances, but this the terminology is not specific. The BCRC recommends the term "regulations" for zoning bylaws because of the obscure nature of the bylaws term. Everybody understands what regulations are, whereas they may be unfamiliar with bylaws as a term. Zoning regulations enabled under Chapter 117 must come from the Planning Commission and a public hearing process before adoption. General ordinances for things that do not require a zoning permit do not need to go through this procedure, but they still must be enabled by other parts of state statute.
What is the required process for adopting solar screening ordinances? Solar projects that receive a certificate of public good (CPG) from the Vermont Public Utility Commission (PUC) are exempt from local zoning permits. However, if a municipality adopts an enhanced energy plan, it may also adopt specific screening standards. These standards can be in the form of a standalone ordinance adopted by your legislative body - but they must be directly related to language within your adopted enhanced energy plan to get "substantial deference" by the PUC. So, at least indirectly, a screening ordinance would go through the Planning Commission, because the Planning Commission is involved in drafting and proposing the enhanced energy plan.
What about large wind turbines proposed in locations outside of the preferred sites identified in an enhanced energy plan? The PUC must give the policies expressed in an enhanced energy plan substantial deference. This means that the PUC must apply the local policy unless it finds that the prevailing public good overrides the application of the local policy.
How should tiny homes be treated? If such a structure is to be used as long-term housing, it will require a state water supply and wastewater permit and such a tiny home should be treated as any other single-unit dwelling by your ordinance. If it is being used as a recreational or camp structure for a temporary period of time, it should be treated like camp trailers, RVs, or primitive camps are treated by your ordinance. The definitions in your regulations should make clear the distinctions between these different uses.
And large storage containers? Your regulations should be clear what these are, whether they are allowed as permanent structures, whether they require screening, or whether they are exempt from permitting.
How should we address STR use? Some of our municipalities are opting to require registration with an annual fee. Some are looking to regulate via the land use (zoning) ordinance, others are opting to do nothing at this time. Manchester and Manchester Village commissioned a study of the STR market before each made a decision about whether to regulate STR. It can be found here: Short-Term Rental Impact Study - (manchester-vt.gov)
What kinds of design review projects are eligible for administrative permits? This would need to be spelled out within your zoning ordinance. List those types of projects that are eligible for administrative permits in a section called Administrative Permits or Administrative Review. Administrative review would allow the ZA to issue a permit directly without sending the application to the design advisory committee first.
How are zoning administrators compensated? Some receive only permit fee-based compensation, which can have drawbacks because it provides no incentive for enforcement. Others provide a combination of hourly and permit fee-based compensation. Others are salaried with and without benefits.
What is the required process for adopting solar screening ordinances? Solar projects that receive a certificate of public good (CPG) from the Vermont Public Utility Commission (PUC) are exempt from local zoning permits. However, if a municipality adopts an enhanced energy plan, it may also adopt specific screening standards. These standards can be in the form of a standalone ordinance adopted by your legislative body - but they must be directly related to language within your adopted enhanced energy plan to get "substantial deference" by the PUC. So, at least indirectly, a screening ordinance would go through the Planning Commission, because the Planning Commission is involved in drafting and proposing the enhanced energy plan.
What about large wind turbines proposed in locations outside of the preferred sites identified in an enhanced energy plan? The PUC must give the policies expressed in an enhanced energy plan substantial deference. This means that the PUC must apply the local policy unless it finds that the prevailing public good overrides the application of the local policy.
How should tiny homes be treated? If such a structure is to be used as long-term housing, it will require a state water supply and wastewater permit and such a tiny home should be treated as any other single-unit dwelling by your ordinance. If it is being used as a recreational or camp structure for a temporary period of time, it should be treated like camp trailers, RVs, or primitive camps are treated by your ordinance. The definitions in your regulations should make clear the distinctions between these different uses.
And large storage containers? Your regulations should be clear what these are, whether they are allowed as permanent structures, whether they require screening, or whether they are exempt from permitting.
How should we address STR use? Some of our municipalities are opting to require registration with an annual fee. Some are looking to regulate via the land use (zoning) ordinance, others are opting to do nothing at this time. Manchester and Manchester Village commissioned a study of the STR market before each made a decision about whether to regulate STR. It can be found here: Short-Term Rental Impact Study - (manchester-vt.gov)
What kinds of design review projects are eligible for administrative permits? This would need to be spelled out within your zoning ordinance. List those types of projects that are eligible for administrative permits in a section called Administrative Permits or Administrative Review. Administrative review would allow the ZA to issue a permit directly without sending the application to the design advisory committee first.
How are zoning administrators compensated? Some receive only permit fee-based compensation, which can have drawbacks because it provides no incentive for enforcement. Others provide a combination of hourly and permit fee-based compensation. Others are salaried with and without benefits.
