Zoning & Subdivision Updates

Interim Bylaws 


The Planning Commission has recently discussed its ideas relating to Interim Bylaws that might be adopted in response to the COVID19 crisis.  State law (24 V.S.A. § 4415) enables a municipality to adopt “Interim Bylaws” on an short term basis. Such interim bylaws are:
 

  • adopted by the legislative body (Selectboard in Shelburne) after public hearing upon public notice as an “emergency measure.”
     
  • limited in duration to two years but may be extended subject to certain limits.
     
  • meant to occur only if it “is conducting or has taken action to conduct studies, or has held or is holding a hearing for the purpose of considering a bylaw…”
     

Planning Commissioners are developing a proposed interim bylaw based on an interim by law recently enacted in the Town of Stowe.  The Commissioners are revising the document online. The text of the document may be viewed  by clicking here.
 

Planning Commission holds hearing on PUD buffer Zoning Bylaw Amendment

On March 12, 2020, the Shelburne Planning Commission voted to conduct a public hearing on proposed amendments to Shelburne’s Zoning Bylaw. But, owing to the COVID19 crisis, the hearing did not take place. On April 23, the Commission confirmed the earlier decision to hold a hearing, and, following required notice, a hearing was held on May 28. At the conclusion of the May 28 hearing, the Planning Commission voted to forward the proposal to the Selectboard for its consideration and action.

As noted previously, this latest Planning Commission proposal would add fences and retaining walls to the list of structures allowed within certain PUD buffers (i.e., those in PUDs in the Mixed Use district). The change would also add a definition of “retaining wall” and requirements relating to retaining walls. Finally, it would begin the process of making more consistent reference to PUD buffers, thus simplifying the bylaw.

Links to copies of the proposal and the Bylaw change report are located in the Related Documents section of this web page.


As noted previously, this latest Planning Commission proposal would add fences and retaining walls to the list of structures allowed within certain PUD buffers (i.e., those in PUDs in the Mixed Use district).  The change would also add a definition of “retaining wall” and requirements relating to retaining walls.  Finally, it would begin the process of making more consistent reference to PUD buffers, thus simplifying the bylaw.

Links to copies of the proposal and the Bylaw change report are located in the Related Documents section of this web page.

 

Planning Commission holds hearing on Subdivision Bylaw Amendment and forwards proposed changes to Selectboard

 At its November 14 meeting, the Planning Commission discussed possible bylaw modifications that would modify three definitions contained in Article II (Definitions) of the bylaw: “Subdivision,” “Minor Subdivision,” and “Major Subdivision.”   At the conclusion of its discussion, the Planning Commission voted to warn a formal Public Hearing on the proposed changes and to conduct that hearing on Thursday, January 9, 2020.   Staff was also directed to distribute the text of the proposed changes along with the bylaw change report as required by statute.  The hearing was then conducted on January 9, 2020, as planned. After the hearing was closed, the Commission voted (unanimously) to forward the proposal to the Selectboard. 

Under the proposal, the definition of “Subdivision” would be changed to correct section references and, further, to limit subdivision review over other types of development when those developments are subjected to review under the Town’s “Form Based Zoning” requirements.  The definitions of “Minor Subdivision” and “Major Subdivision” would also be changed to correct section references. In the case of the definition of “Major Subdivision,” it would also be changed to limit subdivision review over other types of development when those developments are subjected to review under the Town’s “Form Based Zoning” requirements. 

Links to copies of the proposal and the Bylaw change report are located in the Related Documents section of this web page.

Planning Commission holds hearing on Form Based Zoning Amendment, Design Review Process; votes to forward changes to Selectboard


 
For the last several months, the Planning Commission has been discussing a proposal to amend the “Form Based Zoning” section of the Town’s zoning bylaws. The Planning Commission conducted a public hearing on the proposal on Thursday, November 14, 2019. At the conclusion of the hearing, the Planning Commission voted to forward the proposal to the Selectboard for its consideration. 

The Planning Commission proposal would modify the regulations by updating and reformatting –including renumbering— the “Form Based” zoning frame work adopted by the Selectboard. Form Based Zoning (FBZ) was enacted to provide an alternative to the existing, traditional “Euclidian” zoning framework. Changes within the proposal would modify the following: Regulating Plan; Building Form & Lot Development Standards; Public Realm Standards; Parking; Landscaping, Screening and Lighting Standards; Sustainable Design; Signage Standards; Previously Developed Sites; and Definitions. 
 
The hearing on November 14, 2019 also included consideration of a second amendment proposal. The second proposal would modify the regulations by simplifying the application and review procedure for certain minor projects proposed within the Historic Preservation and Design Review Overlay. The HPDRC would continue to review all applications, as it does currently. However, Design Review Board review would be avoided in cases where a proposal is not also subject to some other review process such as Conditional Use Review, Site Plan Review, or Subdivision Review. At the conclusion of the hearing, the Planning Commission also voted to forward the Design Review Overlay proposal to the Selectboard for its consideration. 

Selectboard votes to restart hearing process

The Shelburne Selectboard formally received the two Planning Commission proposals (to amend the Form Based Zoning section of the regulation and to simplify the application and review procedure for certain minor projects proposed within the Historic Preservation and Design Review Overlay) on November 26th.  The Selectboard also voted to conduct a public hearing on the proposals. The hearing opened on February 11, 2020.  Because a part of the proposal sparked criticism, the Selectboard voted to continue the public hearing rather than conclude it.  However, owing to the COVID19 crisis, the continued hearing did not take place.  On May 26, the Selectboard voted to issue a new public notice and continue the hearing on June 23.  Materials relating to the proposal may be viewed using the links at the right of the page.  

For More Information


 
You will find a copy of the proposals and associated bylaw change reports in the “Related Documents” section of this web page. If you have any questions, please do not hesitate to contact the Planning and Zoning office.




 

 





 


 

 

 

 

 

 

 

Related Documents