Zoning & Subdivision Updates

Planning Commission Hearings

on Zoning Bylaws

At its January 12th meeting the Shelburne Planning Commission discussed possible zoning bylaw amendments. If approved, the amendments would modify the Town's land use regulations in several aspects.   The offered changes may be summarized as: a.) a proposal to clarify sidewalk and path construction requirements, b.) a proposal to expand requirements governing trailers and storage of waste, c.) a proposal to modify regulations governing sign lighting, d.) a proposal to establish requirements for setbacks from private rights-of-way, and e.) a proposal to modify excavation and fill requirments.  At the conclusion of its discussion, that evening, the Planning Commission voted to warn a Public Hearing on the proposed changes and to conduct a hearing on Thursday, February 9, 2017.   In addition, staff was directed to distribute the proposed amendment and a "zoning change report" as required by statute.  

The text of the proposal and the associated Zoning Change Report, can be viewed / downloaded using the links on the right side of this page.  

Selectboard Hearings on Zoning Bylaws
At their meeting on December 20th, 2016, the Selectboard received a set of bylaw changes proposed by the Planning Commission and transmitted to it by staff.   The amendments would modify the Town's land use regulations by adding language intended to mitigate the adverse secondary impacts associated with adult entertainment facilities while not unduly limiting freedom of speech and expression.  The Selectboard voted to warn a Public Hearing on the proposed changes, (after substituting the number 600 for the number 1000 in paragraph 1910.8B.2)  and to conduct a hearing on Tuesday, January 10, 2017.  A hearing was held on January 10, 2017 and the Selectboard voted to approve the changes, having found that:

The Town has obtained and reviewed a range of documents (land use reports, crime impact reports, judicial opinions, expert reports, etc.) providing evidence of the secondary effects of adult entertainment land uses;

The Town reasonably believes these documents to be relevant to characterizing the secondary impacts of adult entertainment uses if such uses were located in Shelburne;

Adult entertainment land uses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including but not limited to negative impacts on surrounding properties, personal and property crimes, public safety risks, confrontations, lewdness, public indecency, illicit sexual activity and potent spread of disease, illicit drug use and trafficking, litter, aesthetic impacts, traffic, noise, and blight; and further alcohol consumption impairs judgement and lowers inhibitions, thereby increasing the risk of adverse secondary effects; and

The aforementioned negative effects, as documented in available literature and evidence, justify restrictions on the locations of adult entertainment establishments and application of relevant review criteria.

The text of the proposal as approved is available under the link "Adult Entertainment Zoning Change Hearing" on the right of this web page.  Bylaw amendments typically become effective 21 days following action of the Board.