Newport City
Zoning & Subdivision Bylaw
Zoning & Subdivision Bylaw
NEWPORT
CITYZONING & SUBDIVISION BYLAW
Adopted - August 30, 1971
Total Revision Adopted - September 9, 1996
Amended - August 18, 1997
Amended - January 19, 1998
Amended - May 3, 1999
Amended - September 20, 1999
Amended – July 10, 2006
Amended – March 19, 2007
Bylaw Amendments
Date Amended: 10/01/07
Effective Date: 10/22/07
Sections affected:
· Added Subdivision Regulations
· Technical correction to reflect the conversion to a Development Review Board
· Rearranged sections due mainly to adding subdivision regulations
Date Amended: 4/23/07
Effective Date: 5/14/07
Sections affected:
· §344 – Total rewrite of Personal Wireless Telecommunications Facilities
· §502.01 – added exemption for customer premises equipment for wireless service
Date Amended: 3/19/07
Effective Date: 4/10/07
Sections affected:
· §103 – added
· §205.02 – changed rear yard minimum to 20 ft abutting railroad
· §205.03 – changed rear yard minimum to 20 ft abutting railroad
· §317 – rewritten
· §330.02 – rewritten
· §345 – added
· §509.03 – rewritten to allow decks closer than 75 ft from water
· §702 – added definitions for Historic Building and Outdoor Waterstove, changed definition of Personal Wireless Telecommunication Service Provider
· Zoning district boundaries – Map 117 Lot 23 changed to Commercial Zone B
Date Amended: 7/10/06
Effective Date: 7/31/06
Sections affected:
· §205.08 – added clinic as permitted use
· §702 – added definition of Bulkhead
Date Amended: 5/22/06
Effective Date: 6/12/06
Sections affected:
· §324 – minor rewording
· §330 – allowed less landscaping area abutting a railroad
· §336 – rewrite to be compatible will fill allowed by state
· §702 – changed definitions for nonconformity and nonconforming lot, use, and structure
· Zoning district boundaries – Map 139 Lot 027 changed to GR, Map 117, Lot 018 C-B and UR zones reconfigured
Date Amended: 1/16/06
Effective Date: 2/07/06
Sections affected:
· Major rewrite to conform with new state statutes
· Reorganized and renumbered many sections
· Minor and major changes to numerous sections
Date Amended: 9/20/04
Effective Date: 10/12/04
Sections affected:
· §338 – revised requirements for Fences, Walls and Hedges
· §342 – revised Small Shed Exemptions
· §346 – made conditional use and other minor amendments
· §606 – exempted some change of uses in Com zone A from site plan review
· Zoning district boundaries – changed Gardner Park, Prouty Beach, and Pomerleau Park to U-REC, Map 131 lots 4 & 4.001 to Commercial zone B, Map 106 lots 40 & 41 & 1.56 ac of Map 113 lot 174 to Industrial
Date Amended: 1/20/03
Effective Date: 2/11/03
Sections affected:
· §502 – revised Condominium definitions
· §205 – added Condominium uses
· §328 – minor revision for parking in Commercial districts
Date Amended: 10/21/02
Effective Date: 11/12/02
Sections affected:
· §346 – added Personal Wireless Telecommunication Facilities regulations
· §205 – GR zone changed lot coverage to 25%
· Zoning district boundaries - changed the zoning district on the northerly side of Coventry Street near the cemetery from Urban Residential to Commercial Zone A.
Date Amended: 8/5/02
Effective Date: 8/27/02
Sections affected:
· §205 – C zone A add Condominium as a permitted use
· §502 – added definition Condominium
· §205 – increase height limit for accessory structures
Date Amended: 4/15/02
Effective Date: 5/7/02
Sections affected:
· §205– split up commercial district into Zone A & Zone B
· §502 – added definition for Shopping Center and modified definition for Shed
· §328 – added parking requirement for shopping center
Date Amended: 3/11/02
Effective Date: 4/2/02
Sections affected:
· §205 – C zone delete 2nd paragraph in objective section & delete footnote #1
· §308 – changed wording to allow multiple uses on a lot in some districts
· Zoning district boundaries - changed the Commercial zone on Glen Road to Urban Residential.
Date Amended: 8/20/01
Effective Date: 9/11/01
Sections affected:
· §502 – minor change to definition of “Contractors Yard”.
· §502 – added definition for “Pet Services”.
· Zoning district boundaries - changed Map 139 Lot 46 to General Residential and changed Map 140 Lot 3 to Urban Residential.
Date Amended: 7/2/01
Effective Date: 7/24/01
Sections affected:
· §205 – C zone added “Pet Services” as a permitted use
Date Amended: 4/2/01
Effective Date: 4/24/01
Sections affected:
· §205 – CON zone added Licensed Day Care as a permitted use
· §205 – C zone added Parking Lot/Garage as a permitted use and Licensed Day Care and Warehouse as conditional uses. Added a footnote to Warehouse.
· §205 – LI & IND zones added Licensed Day Care and Parking Lot/Garage as permitted uses.
· §205 – IND zone added Parking Lot/Garage as a permitted use.
· §338 – reworded the entire section.
· §402.01 – required Conditional Use Approval to change a nonconforming use.
· §502 – Changed definition of Warehouse and added definition for Parking Lot/Garage.
· §606 – added review of water, sewer, & roadways by Dept. of Public Works and all new infrastructures must be built to City specifications.
· Added City Council approved infrastructure specification to appendix.
Date Amended: 12/18/00
Effective Date: 1/09/01
Sections affected:
· §502 – added definitions for “Vehicle”, “Licensed Day Care”, and “Registered Day Care”
· §502 – deleted definition for “Day Care”.
· Minor changes to §205, §322 & §328.
Date Amended: 11/06/00
Effective Date: 11/28/00
Sections affected:
· Zoning district boundaries - changed Map 119 Lots 9 & 10 to Public Health/Office.
Date Amended: 10/21/00
Effective Date: 11/12/00
Sections affected:
· §342.02 – added Special Permits for Sheds Without Required Setbacks.
Date Amended: 8/21/00
Effective Date: 9/12/00
Sections affected:
· §205 – C zone added Single Family Dwelling as a conditional use.
· §502 – added definitions for “shed” and “lean-to”.
Date Amended: 12/20/99
Effective Date: 1/11/00
Sections affected:
· §205 – C zone Bars changed to a conditional use.
· §205 – C zone Multi-family, boarding house, & home occupation removed
· §205 – GR, UR & URec zones increase minimum lot size for two & multi-family dwellings
· §328.06 added – eased parking requirements for permitted uses in commercial district
· §345 Yard Sales – added to the bylaw
Date Amended: 9/20/99
Effective Date: 10/12/99
Sections affected:
· Zoning district boundaries – enlarged commercial zone along Union St.
Date Amended: 9/7/99
Effective Date: 9/29/99
Sections affected:
· §344 Residential Care Homes – added to the bylaw
Date Amended: 5/3/99
Effective Date: 5/25/99
Sections affected:
· Zoning district boundaries – enlarged commercial zone along East Main St.
· §202 - minor revisions
· §328 - revised 328.01 - added 328.04 & 328.05
Date Amended: 1/19/98
Effective Date: 2/10/98
Sections affected:
· §205 – UR zone added ‘Public Buildings’ as a conditional use
Date Amended: 8/18/97
Effective Date: 9/9/97
Sections affected:
· Zoning district boundaries – changed to follow property lines on Tax Maps
· §202 - revised
· §205 – CON zone added ‘Boat Storage’ as a conditional use
· §205 – URec zone added ‘Boat Storage’ as a conditional use
· §205 – C zone added ‘Marina’ as a permitted use
· §205 – LI zone minor revisions
· §330.08 Sandwich Board/Portable Signs - added to the bylaw
· §336.01 - minor revisions
· §336.02 - minor revisions
· §343 Boat Storage – added to the bylaw
· §502 – definition for ‘Boat Storage’ added to the bylaw
Date Amended: 9/9/96
Effective Date: 10/1/96
Sections affected:
· Total revision, all sections affected.
NEWPORT CITY, VERMONT
ZONING & SUBDIVISION BYLAW
Table of Contents
TOC \f \h \z INTRODUCTION
ARTICLE 1: ENACTMENT AND INTENT
ARTICLE 2: ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES
§201 Establishment of Zoning Districts
§203 Interpretation of District Boundaries
§205.02 General Residential District
§205.03 Urban Residential District
§205.04 Urban Recreational District
§205.05 Commercial Zone A District
§205.06 Commercial Zone B District
§205.07 Public Health/Office District
§205.08 Light Industrial District
§205.10 Shoreland Control District
ARTICLE 3: GENERAL REGULATIONS
§301 Low and Moderate Income Houseing
§304 Required Frontage on, or Access to Public Roads or Waters
§306 Protection of Home Occupations
§307 Special Public Use Exceptions
§309 Calculation Of Required Lot Area
§310 Lots In Two Zoning Districts
§315 Lots With Frontage On More Than One Street
§316 Projections Into required Yards
§317 Water Front Lots In Residential Districts
§319 Temporary Uses and Structures
§320 Abandonment of Structures
Table of Contents (continued)
§323 Height Exceptions and Restrictions
§324 Unlicensed Vehicle Storage In Residential Districts
§325 Outdoor Swimming Pools and Tennis Courts
§327 Roadside Agricultural Stands
§328 Off‑Street Parking Space Requirements
§329 Off‑Street Loading Space Requirements
§333 Above Ground Storage of Flammable Liquids
§335 Extraction of Soil, Sand or Gravel
§338 Screened Service Area Requirements
§340 Flood Hazard Area Regulation
§344 Personal Wireless Telecommunication Facilities
ARTICLE 5: SUBDIVISION REGULATIONS
§502 Administration and Enforcement
§504 Boundary Lined Adjustments
§505 Three or More Lot Subdivisions
§506 General Planning Standards
§507 Required Improvements and design standards
ARTICLE 6: ADMINISTRATION AND ENFORCEMENT
Table of Contents (continued)
ARTICLE 7: AMENDMENTS, INTERPRETATION, EFFECTIVE DATE
* Zoning is the division of all land in the community into various appropriate districts. Within these districts the use of the land, the height and size of buildings, and the other aspects of development are regulated. The locations and standards of these districts are based on the desires of the community laid out in the Newport City Municipal Plan.
* The purpose of zoning is to protect existing development from nearby detrimental development. Residential areas will remain safe places to live and play. Industrial areas will not be hampered by complaints from nearby residences, and those areas that are a mix of residential and commercial development will be regulated so that these uses are compatible.
* Newport first adopted the Zoning Bylaw in 1971 and it periodically been updated since that date. This updated version is a revision of the previous bylaw that will improve its organization, bring it into compliance with current State law and with the new City Plan, and clarify parts of the bylaw that have been sources of uncertainty.
* The Newport City Zoning Bylaw has been established to conform to, and be in harmony with, the Vermont Municipal and Regional Planning and Development Act. Any conflicts that are identified between the two documents will defer to Title 24 VSA, Chapter 117 as the prevailing authority.
CITY OF NEWPORT, VERMONT
ZONING & SUBDIVISION BYLAW
ARTICLE 1: ENACTMENT AND INTENTtc \l1 "ARTICLE 1: ENACTMENT AND INTENT
§101 Enactment XE "Enactment" tc \l1 "§101 Enactment
In accordance with the Vermont Municipal and Regional Planning and Development Act (Title 24 VSA, Chapter 117), there is hereby established a zoning bylaw for the City of Newport which is set forth in the text and map that constitutes this bylaw. This bylaw shall be known and cited as the "Newport City Zoning Bylaw".
§102 Intent
It is the intent of this Zoning Bylaw to provide for orderly community growth and to further the purposes established in Title 24 VSA, §4302.
§103 Purpose
XE "Intent" tc \l1 "§102 Intent
The purposes of this bylaw are to advance the objectives of the Newport City Municipal Plan and to protect the public health, safety and general welfare of the City of Newport. This bylaw shall:
A. Preserve the character and appearance of the City of Newport.
B. Protect the scenic, historic, environmental and natural resources of the City of Newport.
C. Protect the historic buildings in the City of Newport.
ARTICLE 2: ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIEStc \l1 "ARTICLE 2: ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES
§201 Establishment of Zoning Districtstc \l1 "§201 Establishment of Zoning Districts
Newport is hereby divided into the following Zoning Districts as shown on the City Zoning Map:
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"CON" Conservation District "C-A" Commercial Zone A "C-B" Commercial Zone B "GR" General Residential "PHO" Public Health/Office
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"UR" Urban Residential "LI" Light Industrial "U-REC" Urban Recreational "IND" Industrial
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§202 Zoning District Boundary XE "Zoning District Boundary" tc \l1 "§202 Zoning District Boundary
The general location and boundaries of zoning districts are shown on the reduced Zoning Map that is provided with this document. The Zoning District Boundaries as depicted on Newport City Tax Maps, located in the Zoning Administrator's Office, are the Official Zoning Maps and are hereby made a part of this bylaw.
§203 Interpretation of District Boundariestc \l1 "§203 Interpretation of District Boundaries
203.01 All zoning district boundaries that are formed by roads shall be deemed to follow the road centerline.
203.02 All zoning district boundaries that are formed by railroads shall be deemed to follow the centerline of the main line.
203.03 All zoning district boundaries that are formed by natural bodies of water shall be deemed to follow the high water mark.
203.04 If uncertainty exists with respect to the location of any district boundary on the official Zoning Map, the Development Review Board shall determine the location of such boundary.
§204 Application of Bylaw XE "Bylaw, Application of" tc \l1 "§204 Application of Bylaw
The application of this bylaw is subject to Title 24 VSA, Chapter 117. Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building or structure or part thereof shall be occupied or used unless in conformity with this bylaw as herein specified for the district in which such structure is located. Any use not permitted by this bylaw shall be deemed prohibited.
§205 District Regulations XE "Zoning District Regulations" tc \l1 "§205 District Regulations
The following subsections describe the purpose of each district and delineate the permitted and conditional uses in that district as well as other specific district standards.
205.01 Conservation District XE "Conservation District" "CON"tc \l1 "§205.01 Conservation District "CON"
Objective:
This district is designed to allow for open space and conservation uses. The areas that this district covers in the community are not served by adequate facilities and utilities, have subsoil conditions that cause problems in development, or should be conserved because of their scenic values in order to obtain the community's goal of keeping this an attractive community with adequate open space. A maximum density of development is permitted with one family per 25 acres.