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Notice of Public Hearing
In accordance with the provisions of Title 24, Sections 4441(d) and
4444, of the Vermont Statutes Annotated, the Select Board for the Town
of Weathersfield, Vermont, will hold a public hearing on Monday, October
7, 2013, at 7:00P.M., in the Weathersfield Town Office, at 5259 Route 5
in Ascutney, Vermont, to hear public comments on proposed amendments to
zoning bylaw section 6.6.2, Home Industries. The proposed amendments
are generally described as follows:Statement of Purpose The proposed amendment to section 6.6.2 changes the setback requirements for accessory outbuildings from 100 feet and 300 feet to the setback requirements for the zoning district in which the property is located. Geographic Areas Affected The entire Town of Weathersfield is affected by this amendment. Section Headings Section 6.6.2 Home Industries Copies of the full text of the proposed amendments are available for review at the Weathersfield Town Office and the Weathersfield Proctor Library in Ascutney, Vermont. Persons wishing to be heard may do so in person, be represented by an agent, or may file written comments with the Commission prior to the hearing. Dated at Town of Weathersfield, Windsor County, State of Vermont, this 17th day of September, 2013.
Dan Boyer, Chair
Weathersfield Select Board
___________________________________________________________________________
Planning Commission Reporting Form
For Municipal Bylaw Amendments
Section 6.6.2 Home Industries
This report is in accordance with 24 V.S.A. §4441(c) which states:
“When
considering an amendment to a bylaw, the planning commission shall
prepare and approve a written report on the proposal. A single report
may be prepared so as to satisfy the requirements of this subsection
concerning bylaw amendments and subsection 4384(c) of this title
concerning plan amendments.…. The report shall provide:
(A)
brief explanation of the proposed bylaw, amendment, or repeal and
….include a statement of purpose as required for notice under §4444 of
this title,
The
current version of section 6.6.2 Home Industries allows the use of
accessory outbuildings for Home Industries. It calls for a 100-ft.
setback (of the outbuilding) from all property lines and a 300-ft.
setback (of the outbuilding) from “any residential dwelling unit located
on any lot other than that of the residential owner of the Home
Industry”.
These
setbacks can be impossible to meet for many of the old farm buildings
that currently sit idle and unused throughout the community. There have
been applications for zoning permits from owners of such farm buildings
who wish to use these nonconforming old buildings to establish their
home industries. It can also be impossible to meet these setback
requirements on properties within the Village, Hamlet and Rural
Residential zoning districts where the lots are quite small. The Zoning
Board, who is charged with reviewing these applications, has no
mechanism with which to waive or modify these setback requirements.
This
amendment proposes to remove both the 100-ft. property line setback
requirement and the 300-ft. setback requirement (from abutting dwelling
units) for all outbuildings (existing and new) that may be used as sites
for home industries. It also allows establishment of home industries
within outbuildings that are nonconforming with regard to the zoning
district setback requirements.
(A)nd shall include findings regarding how the proposal:
The current Town Plan calls for home occupations (and small scale businesses) to predominate in the Town’s villages.1
This amendment will facilitate establishment of home
occupations/industries in the Villages by removing the obstacle created
by setback requirements that cannot be met in these districts. The
current Town Plan also calls for only farming activities and home
industries in the Town’s rural areas2 and describes the importance of historic farm buildings on the Town’s landscape3.
By removing the obstacles created by the setback requirements, historic
farm and village buildings can be put back into productive use, which
should help to preserve them.
Changes
in states legislation now call for economic development to be addressed
as an independent topic in the Town Plan. Weathersfield has drafted an
Economic Development chapter that awaits adoption by the Select Board.
The “Policies on Economic Growth” contained in the new chapter states,
“The Town will strive to foster economic growth in the community through
the support and encouragement of home-based businesses and those that
are appropriate in scale to the rural character of the Town.” This
proposed amendment is a means of implementing this policy by removing
obstacles to the meaningful use of valued, historic structures as a
means of desirable economic development for the Town.
This proposed amendment should not have any effect on the availability of safe and affordable housing.
The
proposed amendment is in conformance with future land uses of the Town
Plan. (See 1 and 2 below.) The proposed amendment should not have any
effect on densities of development.
There are no planned community facilities at this time.
_________________________________________________________________________________
1
II. Future Land Use (A) Villages: “Villages should be considered
predominantly residential communities that allow home occupations and
business activities.”
2
II. Future Land Use (C) Rural Areas: “Rural areas are defined as those
parts of Weathersfield developed with lower densities in order to
encourage preservation of farmland, forests, scenic land, open space,
and natural habitat. Less fragmentation of open space means greater
environmental integrity. The maximum density of development in rural
areas should be determined by the general desire to retain a rural
rather than suburban or urban atmosphere. Commercial and industrial
activity other than farming and home occupations/industries should not
be permitted except in those areas designated in the Commercial and
Industrial section later in this chapter.”
3
Natural, Scenic & Historic Resources – XIII. Historic Resources: “A
community is held together and strengthened by a sense of history and
cultural pride. Cherished historic sites enhance the built environment,
which, along with scenic beauty and rural character, creates an
attractive, interesting, and desirable place to call home. Historic
homes, mills, bridges, cemeteries, quarry sites, stone walls, farm
complexes, barns, foundations, ferry sites, lime kilns, and old roads
are typical of the visible historic record to be found in
Weathersfield.”
__________________________________________________________________________
Proposed amendments (in red):
6.6.2 Home Industry:
Other
provisions of these Bylaws notwithstanding, any Home Industry (see
definitions) considered as customary in residential areas shall be
permitted as a conditional use subject to the following limitations:
The Home Industry shall be carried on within the residence or within an accessory outbuilding of the residential structure.
If
the Home Industry is located within the residential structure, it shall
occupy less than 50% of the total square footage of the structure.
The
land area occupied by an accessory outbuilding used for a Home Industry
shall not exceed 400 square feet per acre of lot size, not to exceed
4,000 square feet of land area.
Home industries may also be established within existing nonconforming buildings structures.
The Home Industry shall be carried on by members of the residing household, plus no more than two additional employees
The minimum number of parking spaces required for traffic generated shall be determined by the Zoning Board of Adjustment.
In addition, two parking spaces shall be provided for the residential owner.
(See parking requirements: Sect. 6.14.3)
Adequate screening of parking areas shall be provided.
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Tuesday, September 17, 2013
Select Board Public Hearing - zoning bylaw change 10-7-2013
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