2005 Vermont Code - § 1974. — Single-family residences on their own individual lots

§ 1974. Single-family residences on their own individual lots

(a) Notwithstanding any other requirements of this chapter, the provisions of this section shall apply to a single-family residence on its own individual lot.

(b)(1) A subdivided lot containing only one single-family residence which required a subdivision permit but did not have one, or which had a subdivision permit but was not in compliance with its permit, is exempt from the permitting requirements of this chapter, provided that the lot was in existence as of January 1, 1999, and that the residence and its associated potable water supply and wastewater system were substantially completed as of January 1, 1999. This exemption shall terminate if any of the actions listed in section 1973 of this title occur after January 1, 1999.

(2) If a subdivision permit had been issued for the lot prior to January 1, 1999, the conditions of that permit concerning actions required to be taken after January 1, 1999, shall remain in effect, including conditions concerning operation and maintenance and transfer of ownership.

(3) If a residence is exempt under this subsection, the exemption contained in subsection (c) of this section shall not apply.

(c) A substantially completed single-family residence on its own individual lot, and its substantially completed associated potable water supply and wastewater system, is exempt from the permitting requirements of this chapter, provided that the lot on which the residence is located was in existence as of the effective date of this act and was exempt from the subdivision permitting requirements that existed on that date. This exemption shall remain in effect unless and until:

(1) the lot is subdivided and the resulting lots are not exempt under the applicable rules in existence at the time of subdivision; or

(2) any other action for which a permit is required under this chapter occurs after July 1, 2007.

(d) A permit shall not be required for the addition of one or more bedrooms to a single-family residence on its own lot when:

(1) the addition of bedrooms is accomplished solely through the modification of the existing residence; and

(2) the exterior of the residence is not expanded horizontally.

(e) A permit is not required for the addition of one or more bedrooms or any other attached exterior horizontal expansion to a single-family residence on its own lot that was exempt from the subdivision permitting requirements that existed on June 13, 2002, provided that:

(1) a fully complying replacement area has been identified by a licensed designer and a diagram identifying the location of that area is certified by the designer and filed in the land records; and

(2) no other action for which a permit is required under this chapter occurs after July 1, 2007.

(f) Notwithstanding the language of subsections (d) and (e) of this section, if the residence has been issued a permit under this chapter, the residence shall continue to comply with that permit, until the permit is amended.

(g) Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002.)