2005 Vermont Code - § 4406. — Required regulations

§ 4406. Required regulations

No municipality may adopt zoning regulations which do not provide for the following:

(1) Existing small lots. Any lot in individual and separate and non-affiliated ownership from surrounding properties in existence on the effective date of any zoning regulation, including an interim zoning regulation, may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than one-eighth acre in area with a minimum width or depth dimension of forty feet.

(A) If such lot subsequently comes under common ownership with one or more contiguous lots, the lot shall be deemed merged with the contiguous lot for purposes of this chapter. However, such lot shall not be deemed merged and may be separately conveyed, if:

(i) the lots are conveyed in their preexisting, nonconforming configuration; and

(ii) on the effective date of any zoning regulations, each lot had been developed with a water supply and wastewater disposal system; and

(iii) at the time of transfer, each water supply and wastewater system is functioning in an acceptable manner; and

(iv) the deeds of conveyance create appropriate easements on both lots for replacement of one or more wastewater systems in case a wastewater system fails, which means the system functions in a manner:

(I) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure unless the approved design of the system specifically requires the system to function in such a manner;

(II) so that a potable water supply is contaminated or rendered not potable;

(III) that presents a threat to human health; or

(IV) that presents a serious threat to the environment.

(B) If, subsequent to separate conveyance, as authorized under subdivision (1)(A) of this section, a wastewater system fails, the owner shall be required to obtain from the secretary of natural resources a wastewater permit as required under the subdivision regulations or a certification that the wastewater system has been modified or replaced, with the result that it no longer constitutes a failed system.

(2) Required frontage on, or access to, public roads or public waters.

frontage on a public road or public waters or, with the approval of the planning commission, access to such a road or waters by a permanent easement or right-of-way at least twenty feet in width.

(3) Protection of home occupations. No regulation may infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof.

(4) Equal treatment of housing.

(A) Except as provided in section 4407(6) of this title, no zoning regulation shall have the effect of excluding mobile homes, modular housing, or other forms of prefabricated housing from the municipality, except upon the same terms and conditions as conventional housing is excluded.

(B) No zoning regulation shall have the effect of excluding from the municipality housing to meet the needs of the population as determined in section 4382(c) of this title.

(C) No provision of this chapter shall be construed to prevent the establishment of mobile home parks pursuant to chapter 153 of Title 10.

(D) Except as provided in subdivision 4407(2) of this title, no zoning regulation shall have the effect of excluding for review as a conditional use one dwelling unit constructed within or attached to a primary single family residence located in a district in which single family residences are a permitted or conditional use. These accessory units shall satisfy the following requirements:

(i) occupancy is restricted to not more than two persons, one of whom is related by blood or marriage to the owner of the single family residence, is disabled as defined in subdivision 251(2) of Title 18 or is at least 55 years of age;

(ii) floor space shall not exceed 30 percent of the floor space of the existing living area of the single family residence or 400 square feet, whichever is greater; and

(iii) the primary single family residence is occupied by the owner. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116, § 6; 1975, No. 236 (Adj. Sess.), § 1; 1991, No. 130 (Adj. Sess.), § 3; 1997, No. 125 (Adj. Sess.), § 6, eff. April 27, 1998.)