1.1       Enactment                                           
1.2       Purpose                                
1.3       Amendments                                                
1.4       Severability                                       
1.5       Interpretation                                   
1.6       Review of Application During Adoption                               
1.7       Effective Date                                   
1.8       Definitions                                       

2.1    Applicability                                
2.2    Administrative Officer                            
2.3    Development Review Board (“DRB”,    herein)            
2.4    Planning Commission                            
2.5   Zoning Permits                
2.6    Fees                                    
2.7    Penalties                                    
2.8    Conditional Use Approval                        
2.9   Appeals                                    
2.10 Public Hearings                                

2.10.1    Public Notice                        
2.10.2    Hearing Procedures                    
2.10.3    Hearings on the Record                  

3.1    Zoning Districts                       
3.2   DISTRICT BOUNDARY DESCRIPTION                

3.2.1  Commercial/Residential                

3.2.1.1 Montgomery Center                
3.2.1.2 Montgomery Village                

3.2.2  V-1                            

3.2.2.1 Montgomery Center                
3.2.2.2 Montgomery Village                

3.2.3  V-2                    

3.2.3.1 Alpine Haven                    
3.2.3.2 Montgomery Center                
3.2.3.3 Montgomery Heights            
3.2.3.4 Montgomery Village                
3.2.3.5 Oberland Valley                
3.2.3.6 Hutchins                    

3.3   Zoning Maps and District Boundaries             
3.4   Interpretation of Zoning District Boundaries         
3.5   District Land Use                      
3.6   District Regulations                        

3.6.1  Commercial/Residential                
3.6.2  Village I                        
3.6.3  Village II                        
3.6.4  Agricultural/Residential                
3.6.5  Conservation I                        
3.6.6  Conservation II                     
3.6.7  Minimum Road Frontage                
3.6.8  Flood Hazard Area                

4.1   Existing Small Lots                       
4.2   Group Homes                          
4.3   Home Occupations                        
4.4   Limitations                            
4.5   Mobile Homes                            
4.6   Required Frontage                       
4.7   Variance for Renewable Energy                
4.8   Affordable Housing                   
4.9   Child Care                            
4.10  Accessory Dwelling Unit                    
4.11  Agricultural and Silvicultural Practices            

5.1    Abandonment of Structures                
5.2    Accessory Buildings                 
5.3    Building Coverage                          
5.4    Burned Buildings                       
5.5    Extraction of Soil, Sand and Gravel                
5.6   Fences                                
5.7   Height Regulations                          
5.8   Home Industry or Service Business                
5.9   Landfill and Dumping                      
5.10  Lots                          
5.11  Non-Conforming Uses and Non-Complying Buildings    
5.12  Obstruction of View                         
5.13  Open Storage of Vehicles and Junk                
5.14  Parking        (Standards)                        

5.14.1 Combined Parking Space                
5.14.2 Off-premise Parking                    
5.14.3 Off-street Parking                    

5.15  Performance Standards.                
5.16  Permit Requirements                         
5.17  Pre-Existing Development                 
5.18  Principal Building                        
5.19  Reduction of Lot Area                               
5.20  Satellite Dishes                            
5.21  Screening                            
5.22  Signs                                 
5.23  Swimming Pools and Tennis Courts                
5.24  Temporary Uses and Structures                
5.25  Yards                                
5.26  Yard Sales                            
5.27  Camping Vehicles and Camp Grounds            
5.28   Mobile Homes and Mobile Home Parks            
5.29   Planned Unit Development (“PUD”, herein)        
5.30   Public Facilities                        
5.31   Access to Land Development And/or New Building          

1.1    ENACTMENT These By-laws for the enactment of Zoning Regulations for the Town of Montgomery are enacted in accordance with the provisions 24 V.S.A. Chapter 117, the Vermont Municipal and Regional Planning and Development Act, ("The Act" herein).

1.2    PURPOSE It is the purpose of the Zoning Regulations to provide for orderly community growth, to further the purposes established in §4302 of the Act, and to implement the Town Plan.

1.3    AMENDMENTS By-laws and Regulations may be amended according to the requirements and procedures established in §§4441and 4442 of the Act. Mandatory requirements enacted by the State will automatically become a part of these By-laws and Zoning Regulations.

1.4     SEVERABILITY:   If any portion of the Zoning Regulations are held unconstitutional or invalid by a court of competent jurisdiction, the unaffected portions shall remain in force, and for this purpose the provisions of the Regulations are severable.

1.5    INTERPRETATION:   The Zoning Regulations shall not repeal, abrogate or impair any other applicable land use controls (including statutes, regulations, rules, ordinances, permits, easements, deed restrictions, covenants or similar devices). However, in their interpretation and application, the provisions of the Regulations shall be held to be minimum requirements which shall take precedence over any concurrent and less restrictive such control. It is also hereby stated that in any conflict or dispute involving these Regulations, that the intent shall be considered in resolving any ambiguity.

1.6    REVIEW OF APPLICATIONS DURING ADOPTION AND AMENDMENT OF BY-LAWS AND REGULATIONS:  Beginning upon the date of public notice for the Selectboard’s final public hearing on adoption or amendment of a Bylaw or regulation and ending upon a period of 150 days following that notice or upon adoption, the administrative officer shall review any new application under the proposed bylaw or amendment and existing bylaws or ordinances, in accordance with 24 V.S.A. §4449 (d)

1.7    EFFECTIVE DATE:  The By-laws and Zoning Regulations shall take effect upon adoption.

1.8    DEFINITIONS:  Except where specifically defined herein, all words used in the Zoning Regulations shall carry their customary and usual meaning. Words used in the present tense include the future, and the singular includes the plural; the word "lot" includes "plot"; the word "structure" includes "building"; the word "shall" is mandatory; "occupied" or "used" shall be considered as though followed by, "or intended, arranged or designed to be used or occupied"; "person" includes individual, partnership, association, corporation, company, organization or any other legal entity.  Doubt as to the precise meaning of any word used in these Regulations shall be clarified by the Development Review Board.

Accessory Use or Building: A use or building customarily incidental and subordinate to the principal use or building, and located on the same lot.
Agribusiness: Any individual, partnership, corporation, or organization primarily supplying services or goods, (such as equipment, feeds, livestock or supplies), to producers of marketable agricultural products, including greenhouses, nurseries, farm co-operatives and the like.
Agricultural Use: Buildings and land primarily used for cultivating the soil, producing crops, (including forest products), aquaculture, raising livestock, including the storage of related equipment, the sale of farm crops, horticultural products, livestock, or forest products raised on the property. This does not include slaughterhouses.
Auto Service Station: Buildings and land used for the supply of gasoline, oil, or other fuel for the propulsion of motor vehicles, and facilities used for cleaning, painting, repairing, servicing, or the sale of motor vehicles.
Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year.
Basement: Any area of a building having its floor below ground level on all sides.
Bed and Breakfast: A single family dwelling unit in which the resident owner or permanent occupant provides short-term lodging and meals to transient paying guests.
Building: A structure designed, built or used as a shelter for persons, animals, or property. Buildings shall include lunch wagons, travel trailers, mobile homes, etc. when sited in such a manner that they are not readily movable.
Business Service:

a.  Personal:  Includes banks, consultants, dry cleaners, home retailers and wholesalers, laundromats, photographic studios, shoe repairing, and similar businesses that provide a personal service to the general public.
b.  Professional:  Includes barber shops, beauty parlor, dentist, doctor, financial advisor, insurance agency, lawyer, real estate agency, and similar businesses requiring a license to operate that provide a professional service to the general public.

Camp: A hut, shed or similar structure used to shelter people from the weather for hunting or vacation. May not be used as a permanent dwelling.
Camp Ground: A place or business providing tenting or camping vehicle accommodations for commercial purposes, including travel trailer parks and the like.
Camping Vehicle: A travel trailer, tent trailer, motor home, camper trailer, truck camper or any other device or conveyance so constructed as to permit its ready transport on public highways, and designed as temporary living/sleeping quarters. A camping vehicle is in no way included under the Mobile Home definition.
Change of Use: Any use that substantially differs from the previous use of a building or land; a change that has the potential to increase the use beyond that currently permitted; or a change of use classification, e.g. “retail” to “restaurant.”
Clinic: Office buildings used by members of the medical profession for diagnosis and outpatient treatment of human ailments.
Club: Buildings or use catering exclusively to members and their guests for recreational, educational, civic, religious, fraternal, or other non-profit purposes.
Commercial Facility: Includes office space, retail store, auto service station, light industry and like uses. Also, buildings with three (3) or more rental units, such as multi-family dwellings, rooming houses, dorms, ski lodges etc.
Conservation District: This is the area of town which is unsuitable for intensive development, as it generally has poor access, shallow soils, and steep slopes.
Construction: Exterior substantial improvements or new assembly or placement of a structure on a site, including any related site preparations, excavation and grading. See also definition of "Substantial Improvement" herein.
Development: The construction, substantial improvement, replacement or relocation or any change in the use of any structure, or land, or extension of use of land. See also definitions of "Substantial Improvement", "Land Development", and “Change of Use” herein.
Dwelling Unit: Buildings or part thereof used as living quarters for one family. The terms "dwelling", "one-family dwelling", "two-family dwelling", or "dwelling group" shall not include a motel, hotel, boarding house, tourist home or similar structure or use.
Dwelling, One-Family: Detached buildings designed and used as living quarters by one family.
Dwelling, Two-Family: Buildings designed and used as living quarters by two families living independently of each other.
Dwelling, Multiple-Family: Buildings designed and used as living quarters by three or more families living independently of each other.
Essential Public Services: Includes the construction or installation, (by public utilities, municipal or other governmental agencies or private groups), of local consumer electric and telephone distribution lines, facilities for fire, police, highway and health services to the Town, or other similar equipment and accessories necessary for the furnishing of essential services.
Excavation: Any substantial breaking of ground and extraction or movement of earth or rock, or any alteration of existing drainage patterns which substantially affects adjacent properties. Common agricultural tillage, yard care, gardening and excavations in cemeteries shall be exempt from these Regulations.
Family: One or more persons, living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
Fill: Inert material such as loam, rock, stone etc. Junk cars, buildings materials etc. shall not be considered fill.
Finished Grade: Completed surfaces of ground, lawns, walks, paved areas and roads brought to grades as shown on plans relating thereto.
Flood Hazard Area: The land in the flood plain, subject to a one (1) percent or greater chance of flooding in any given year.
Floodway: The channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood waters without cumulatively increasing the water surface elevation more than one foot.
Front Yard: That portion of the lot containing a driveway, if any, and lying between a public road or right-of-way, and a structure.
Home Occupation: Accessory Use, conducted within a dwelling or accessory building by the residents thereof, which is clearly secondary to the dwelling used for living purposes and does not change the character thereof.
Hospital: Buildings used as a clinic, rest home, nursing home, convalescent home, and a home for the aged.
Industrial Uses: Industrial uses shall include both manufacturing and warehousing; specifically those activities involving the processing, fabrication, and/or temporary storage of materials and products.
Interested Person: A party who may legally appeal to the Development Review Board or Environmental Court, as prescribed by §4465 (b) of the Act, generally including any of the following:

a.  the party owning title to the subject property, or the designated agent of said party.
b. a person owning or occupying property in the immediate neighborhood who can demonstrate a physical or environmental impact on the person’s interest under the criteria reviewed.
c.  any ten persons who may be a combination of voters or real property owners in the Town who file a petition with the DRB
d.  the Selectboard of the Town, or any adjoining town.
e.  Any department and administrative subdivision of this state owning property or any interest in property within the municipality and the agency of commerce and community affairs.

Junk: Old or scrap copper, brass, iron, steel and other nonferrous material, including but not limited to rope, rags, batteries, glass, rubber, waste, trash or any discarded, dismantled, wrecked, scrapped or ruined motor vehicles or parts thereof.
Junk Yard: Buildings or land used for the collection, storage, or sale of junk, or for the collection, wrecking, dismantling, storage, salvage or sale of machinery or vehicles which are not inspected and not in operating condition, (refer to Ch. 61, §2241 of the Act). Four or more such vehicles constitute a junk yard. Vehicles used in farm operation are exempt.
Land Development: The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the use of any building or other structure, or land, or extension of use of land.
Lodging Establishment: A building or buildings containing rooms which are rented for commercial purposes, such as sleeping units for transients, each sleeping unit consisting of at least a bedroom and use of a bathroom. Included are hotels, motels, tourist courts, cabins, motor lodges, "bed and breakfast", and the like.
Lot: A parcel of land occupied or to be occupied by only one principal building and the accessory buildings or uses customarily incidental to it, having sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on a public road or other legal access as approved by the DRB. A lot may consist of:

a.  a single lot of record.
b.  a portion of a lot of record.
c.  a combination of complete lots of record and/or portions of lots of record.
d.  a parcel of land described by metes and bounds.

Lot Frontage: The boundary length of a lot on a maintained public road or other approved access.
Lot of Record: Any lot which individually, or as a part of a subdivision, has been recorded under the proper procedural steps in the office of the Town Clerk.
Manufactured Home: A trailer or a movable living unit with or without wheels, used for living quarters.  A sectional prefabricated house shall not be considered a mobile home.  It does not include recreation vehicles or travel trailers.  (See also definitions of Mobile Homes in 10 V.S.A. §6201.)
Mean Sea Level: The National Geodetic Vertical Datum to which base flood elevations on the FIRM are referenced.
Mixed Use: Buildings or land where there are two or more uses which are permitted in the district. Mixed uses may include two or more different commercial uses, commercial and residential uses, and/or commercial and industrial uses.
Mobile Home Park: A parcel of land, under single or common ownership or control, which is used, or is to be used, to accommodate two or more mobile homes. (See also definition of Mobile Home Park in 10 V.S.A. §6201.)
Motor Vehicle and Equipment Sales and Service: An establishment providing sales and or major servicing of automobiles, trucks, farm and construction equipment, and other motorized vehicles, including dealerships, body shops, vehicle and equipment repair shops, mobile home and camping vehicle sales and service establishments and the like.
Non-Conforming Lot or Parcel: Lots or parcels that do not conform to the present regulations covering dimensional requirements but were in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of error by the administrative officer.
Nonconforming Use: Use of land that does not conform to the present regulations but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws and regulations, including a use improperly authorized as a result of error by the administrative officer.
Nonconforming Structure: means a structure or part of a structure that does not conform to the present regulations but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws and regulations, including a structure improperly authorized as a result of error by the administrative officer.
Office: Space in buildings where the business of a commercial or professional service is transacted.
Parking Space: Off-street space used for the temporary location of one (1) licensed motor vehicle, which is at least (eight) (8) feet wide and eighteen (18) feet long, not including access driveways, and having direct access to a street, right-of-way or alley
Planned Unit Development: one or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses.  This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards. (See also §4417 of the Act.)
Plat: A site development plan map including all of the information required and prepared for filing under the proper procedural steps, with the Town Clerk. (see also 27 V.S.A. §1403.)
Plot Plan: A development plan map, showing at an appropriate and consistent scale, all existing physical and man-made features, all property easement and right-of-way lines, all proposed structure locations and land use alterations, and any other information as may be required to determine compliance with the provisions of the Zoning Regulations.
Principal Building/Use: A structure or use directly involved with the primary purpose of ownership on a particular lot, which together with its accessory structures/uses, constitutes all structures and uses of said lot.
Public Uses & Facilities: Includes the erection, construction and alteration of facilities or nature of use by any municipal, state or federal government, public utility or other quasi-public institution, of public buildings, electric transmission lines, recreation facilities, water supply and sewage treatment facilities, including public and private schools and other educational institutions certified by the Vt. Dept. of Education
Recreation Indoor: Includes bowling allies, gymnasiums, hobby workshops, pool halls, skating rinks, swimming pools, theaters, and similar places of indoor commercial recreation.
Recreation Outdoor: Includes archery, skeet, or trap ranges, beaches, camp grounds, golf courses, golf driving ranges, parks, recreation stadiums, riding stables, skating rinks, ski resorts, swimming pools, tennis courts, and similar places of outdoor commercial recreation.
Recreational Vehicles: A vehicle which is built on a single chassis and has four hundred (400) square feet or less when measured at the largest horizontal projections, is designed to be self propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
Religious Institution: Includes churches, convents, parish houses, seminary and retreat houses, temples, and structures or uses incidental thereto.
Residential Lodging: Includes rooming and boarding houses not to exceed four (4) rental units. (see also definition of "Lodging Establishment" herein.)
Residential Use: Includes single-family, two-family, and multi-family dwellings.
Restaurant: Includes bars, diners, lounges, nightclubs, and similar establishments.
Retail Store: Includes enclosed stores for the sale of retail goods and personal service shops and shall exclude any drive-up service, free-standing retail stands, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service.
School: Includes parochial, private, public and nursery schools, colleges, universities, and accessory uses, and shall exclude commercially operated schools of beauty culture, business, dancing, driving, music and similar establishments.
Setback: The nearest distance between the edge of property lines and public or private road right-of-ways and a structure, including all features of the structure.
Sign: Any display or representation, used or placed as an announcement, direction or advertisement. The word "placed" for the purpose of this definition shall include erected, constructed, fastened or affixed to the ground or a structure, or made visible in any manner whatever. Signs on the interior of a structure and visible through a window are excluded.
Social Services: Includes day care center, medical clinic, convalescent home, and similar human service/health care facilities, and group or community care homes serving more than eight (8) persons. (see also definitions of "club" and "dwelling" herein.)
Street: A public highway for vehicular traffic which affords the principal means of access to properties.
Street Frontage: Lot lines which abut a public highway.
Street Grade: Officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
Structure: An assembly of materials for occupancy or use, including, but not limited to, a building, mobile home or trailer, billboard, sign, tennis court, swimming pool, satellite dish, and a wall or fence, except a wall or fence on an operating farm.
Structure Height: Vertical distance, measured from the average elevation of the proposed finished grade at the base of the structure, to the highest point of the roof for flat, hip, and mansard roofs, and to the average height between eaves and ridge for other types of roofs.
Substantial Improvement: any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.  However, the term does not include either of the following:

a.  Any project or improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.
b.  Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Trailer: Includes any vehicle used as sleeping, camping or living quarters mounted on wheels, or a camper body usually mounted on a truck, and any vehicle which is customarily towed by a motor vehicle and used for carrying goods, equipment, machinery, boats, livestock and the like, or as a temporary office.

Use: The specific purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is used, or intended to be used or occupied.
Yard: Space on a lot not occupied with a structure. Porches, whether enclosed or open, and decks, shall be considered as part of the main building and shall not project into a required yard. The required yard distances shall be determined in the same manner as the setback. (see also "setback" definition herein.)

2.1    APPLICABILITY

2.1.1    The following types of land development shall be subject to Zoning Regulations herein:

2.1.1.1    Division of a parcel of land into two or more parcels.
2.1.1.2    New construction, relocation or substantial improvement of any structure.
2.1.1.3    Commencement or extension of any mining, excavation or land filling.
2.1.1.4    Change or extension of the nature of use of any structure or land.
2.1.1.5    Change of use for an existing conditional use permit.

2.1.2    Where land development is subject to both local and state Regulations, it shall be the preferred practice to obtain approval under the local Regulations prior to the state Regulations.

2.2    ADMINISTRATIVE OFFICER

2.2.1    The Administrative Officer, who may hold any other town office other than membership on the DRB, shall be nominated by the Planning Commission, and appointed by the Selectboard, for a term of three (3) years. Said officer shall administer and interpret the Regulations literally, and shall not have the power to permit any land development which is not in accordance with these Regulations.
2.2.2    The Administrative Officer shall maintain a record of all Applications received for Zoning Permits along with any accompanying documents, and of all Permits issued.
2.2.3    The Administrative Officer may be removed from office for just cause at any time by the Selectmen, after consultation with the Planning Commission.
2.2.4    The Administrative Officer is empowered by §4448 of the Act.

2.3    DEVELOPMENT REVIEW BOARD

2.3.1    The Selectboard shall appoint a DRB of five (5) members who shall serve for a term of four (4) years. Members shall be compensated for the performance of their duties pursuant to 24 V.S.A §4461(c).
2.3.2    The DRB shall have the following powers and duties:

2.3.2.1    hear and decide appeals, including, without limitation, any appeal alleging an error committed by the Administrative Officer;
2.3.2.2    hear and decide an appeal for a variance;
2.3.2.3    hear and decide an appeal/application for conditional use approval;
2.3.2.4     impose, for variances and conditional uses, in addition to the standards contained in these Regulations such other reasonable conditions and safeguards as it deems appropriate and necessary, including:

a.  limiting the coverage or height of structures because of undue obstruction to view and reduction of light and air to adjacent property
b.  controlling the location and number of vehicular access points to developments, to minimize traffic hazards;
c.  requiring measures to minimize the undue adverse effects of land development on soil erosion, water quality and scenic beauty as may be recommended by the County Forester, Soil Conservation Service, District Highway Engineer and other experts;
d.  specifying the specific time limit for construction of improvements to land or structures, including conditions to phase in residential developments to minimize the impact on schools and other community facilities and services; and
e.   any additional reasonable conditions and safeguards which the DRB deems necessary to implement the purposes of the Act, the Town Plan and these Regulations.

2.3.2.5    establish and apply rules of procedure and all other matters as provided in 24 V.S.A. §4461.

2.3.3    On all matters heard and decided by the DRB, it shall make findings of fact and conclusions of law as part of the record in each case.

2.4    PLANNING COMMISSION

2.4.1    The Planning Commission shall be comprised of five (5) members who also may serve as members of the DRB.
2.4.2    Members shall be elected at town meetings by ballot for a term as decided by the voters.

2.4.2.1     elections shall occur only as terms are completed, or as vacancies occur.
2.4.2.2     vacancies shall be filled by appointment of the Selectboard only until the next meeting of the town, at which time the voters shall elect a member to fill the unexpired term.

2.4.3    The duties of the Planning Commission shall be to keep the Town Plan and Zoning By-laws and Regulations current with changes in the Act, and responsive to the needs of the town by amending and updating when necessary in accordance with §§4441 and 4442 of the Act, and may perform such other duties as set forth in §4325 of the Act.

2.5    ZONING PERMITS

2.5.1     No land development, as defined in these Regulations and §4303 (3) of the Act, may be commenced until a permit is issued by the Administrative Officer. Applications for permits shall be made to the Administrative Officer on forms provided by him. Applicants shall provide all information requested on the form, including a plot plan showing the location of existing and proposed development, and such other information as the Administrative Officer may reasonably require to determine compliance with these Regulations. An application shall be deemed not received until all applicable information is submitted to the Administrative Officer.
2.5.2    Before issuing a permit, the Administrative Officer shall confirm that the application and development are in conformance with the Regulations, and may request any further information from the applicant which may be necessary to do so. No permit may be issued until the time for appeal, which is fifteen (15) days has passed. In cases where action by the DRB is required, no permit may be issued until the Board has held a public hearing and acted on the application. (see also Section 4449(a)(3) of the Act).

2.5.2.1    The Administrative Officer shall act upon an application within thirty (30) days from the date of receipt. If the application is denied or referred to the DRB, the Administrative Officer shall so notify the applicant in writing, stating his reasons for the denial or referral. If the application is approved, all activities authorized by the permit shall be commenced within one (1) year from the date of issuance, otherwise the permit becomes null and void. In issuing zoning permits, if the Administrative Officer fails to act with regard to an application for a permit within thirty (30) days, whether by issuing a decision or by making a referral to the DRB, a permit shall be deemed issued on the thirty first (31st) day.

2.5.3    No zoning permit shall be issued by the Administrative Officer for any use or structure which requires the approval of the DRB or Legislative Body until such approval has been obtained.  For permit applications that must be referred to a state agency for review, no zoning permit shall be issued until a response has been received from the state, or the expiration of 30 days following the submission of the application to the state.
2.5.4    A zoning permit shall include a statement of the time within which appeals may be taken; and shall require posting of a notice of permit, on a form prescribed by the municipality, within view of the nearest public right-of-way until the time for appeal has expired.
2.5.5    Administrative Officer, within three (3) days of the date of issuance, shall deliver a copy of the zoning permit to the Listers; shall post a copy of the permit in the municipal offices and shall require posting on a form prescribed by the municipality within view from the public right-of-way most nearly adjacent to the subject property, each for a period of fifteen (15) days from the date of issuance.  

2.6    FEES

2.6.1    The fees for zoning and conditional use permit applications, and applications and appeals to the DRB shall be as established in a rate fee schedule prepared by the Planning Commission and adopted by the Selectboard.
2.6.2    Every application for a permit must be accompanied by the required fee.

2.7    PENALTIES

2.7.1    Any person who violates these Regulations shall be fined not more than fifty (50) dollars for each offense. Each day that a violation is continued shall constitute a separate offense. The alleged offender shall be given at least seven (7) days notice by certified mail that a violation exists. The Administrative Officer shall proceed in accordance with §§4451 and 4452 of the Act to enforce the Regulations.
2.7.2       Any structure of any type started without a permit may be removed at the owner's or builder's expense if an Environmental Court judge so rules.

2.8    CONDITIONAL USE APPROVAL

2.8.1    On an application for conditional use approval, the DRB may grant said approval according to §4413 (3) of the Act, if the Board, after public notice and public hearing determines that the proposed use will conform to all specific standards and provisions contained in these Regulations.  The proposed conditional use shall not result in an undue adverse effect on any of the following:

2.8.1.1    the capacity of existing or planned community facilities.
2.8.1.2    traffic on roads and highways in the vicinity.
2.8.1.3    the utilization of renewable energy resources.
2.8.1.4    the character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan;
2.8.1.5    other Town Bylaws, Ordinances, and Regulations then in effect.

2.8.2    Alterations Or Minor Changes To An Existing Conditional Use Permit

2.8.2.1  Alterations or minor changes to an existing conditional use permit, that are not a “change of use” may be permitted by the zoning administrative officer as a permitted use under these regulations

2.9    APPEALS

2.9.1    Any interested person as defined in Section 1.8 herein and Section 4465 of the Act, may appeal any decision or action taken by the Administrative Officer by filing a written notice of appeal with the DRB within fifteen (15) days of such decision or act. Written notice of appeal shall be filed on forms provided by the Secretary of the DRB. Within sixty (60) days of receiving a notice of appeal, the Board shall hold a public hearing.
2.9.2    The DRB is hereby authorized to conduct a public pre-hearing conference with the appellant under such rules as the Board shall establish in its Bylaws and Rules of procedure. The purpose of such pre-hearing conferences shall be to clarify the issues in controversy, to identify documents and information to be submitted as evidence at the hearing, and to circumvent unnecessary delays that would interfere with an expeditious public hearing process
2.9.3     On an appeal for a variance from the Zoning Regulations, the Board may grant said variance if all of the following conditions are found to exist and are specified in its decision according to §4469 of the Act:

2.9.3.1    that there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the Regulations in the neighborhood or district in which the property is located;
2.9.3.2    that because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of these Regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
2.9.3.3    that such unnecessary hardship has not been created by the appellant;
2.9.3.4    that the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public safety and welfare; and
2.9.3.5    that the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of these Regulations and the Town Plan.

2.9.4    On an appeal under §§4465 or 4471 of the Act wherein a variance from the provisions of a Zoning Regulation is requested for a structure that is primarily a renewable energy resource structure, the DRB or Superior court may grant such variances, and render a decision in favor of the appellant if all the following facts are found and the finding is specified in its decision:

2.9.4.1    it is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the Regulations;
2.9.4.2    that the hardship was not created by the appellant;
2.9.4.3    that the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public safety and welfare; and
 2.9.4.4    that the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from these Regulations and the Town Plan.

2.9.5    According to §§4414 (3) and 4464 (b) of the Act, upon completion of a hearing, the Board shall render its decision on an appeal for Conditional Use approval within sixty (60) days, and on any other appeal within forty-five (45) days. Failure to render a decision within the required period shall be deemed approval. The Board may reject an appeal without hearing and render a decision and findings of fact within ten (10) days of the filing of the notice of appeal, if the Board considers the facts or issues raised by the appellant to be substantially or materially the same as those decided in a previous appeal by said appellant.  Copies of any Board decision shall be sent, within the above required periods to:
a.  the appellant by certified mail;
b.   every person or party who appeared and was heard at the hearing;
c.  the Administrative Officer; and
d.  the Town Clerk for filing as part of the public records of the Town.

2.9.6    In accordance with Section 4471 of the Act, an interested person who has participated in a regulatory proceeding of the DRB may appeal a decision rendered by the DRB, within 30 days of such decision, to the Vermont Environmental Court.  Appeals to Environmental Court shall also meet the following requirements:
a.  “Participation”in a DRB proceeding shall consist of offering, through oral or written testimony, evidence of a statement of concern related to the subject of this proceeding.
b.  For all proceedings of the DRB that are on the record, as identified under Section 2.10.3, appeals to the Environmental Court shall be taken on the record in accordance with the Rules of Civil Procedure.
c.  The notice of appeal shall be filed by certified mailing, with fees, to the Environmental Court and by mailing a copy to the Municipal Clerk, or the Administrative Officer if so designated, who shall supply a list of interested persons (including the applicant if not the appellant), to the appellant within five (5) working days.  Upon receipt of the list of interested persons, the appellant shall by certified mail, provide a copy of the notice of appeal to every interested person.  If any one or more of those persons are not then parties to the appeal, upon motion they shall be granted leave by the court to intervene.

2.10         PUBLIC HEARINGS

2.10.1  Public Notice

2.10.1.1 In accordance with the Section 4464 of the Act, a warned public hearing shall be required for conditional use review, appeals and variances.  Any public notice for a warned public hearing shall be given not less than 15 days prior to the date of the public hearing by all of the following:
a.  Publication of the date, time, place and purpose of the hearing in a newspaper of general circulation in the municipality;
b.  Posting of the same information in three (3) or more public places within the municipality, including the posting of a notice within view from the public right-of-way nearest to the property for which the application is being made;
c.  Written notification, by first class mail, to the applicant and to owners of all properties adjoining the property subject to development, without regard to public right-of-way, which includes a description of the proposed project, information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.  This notice shall be sent by the Administrative Officer, while all associate costs shall be borne by the applicant through any application fees, as established by the Selectboard
2.10.1.2    Public notice of all other types of development review hearings shall be given not less that seven (7) days prior to the date of the public hearing, and shall at a minimum include the following:
a.    Posting of the date, time, place and purpose of the hearing in three (3) or more public places within the municipality, and
b.    Written notification, by first class mail, to the applicant and to owners of all properties adjoining the property subject to development, without regard to public right-of-way, which includes a description of the proposed project, information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.  This notice shall be sent by the Administrative Officer, while all associate costs shall be borne by the applicant through any application fees, as established by the Selectboard.
2.10.1.3    No defect in the form or substance of any required public notice under this section shall invalidate the action of the DRB where reasonable efforts have been made to provide adequate posting and notice.  However, the action shall be invalid when the defective posting or notice was materially misleading in content.  If an action is ruled to be invalid by the DRB or the Environmental Court, the action shall be remanded to the Board to provide new posting and notice, hold a new hearing, and take a new action.

2.10.2 Hearing Procedures:

2.10.2.1    In accordance with Section 4461 of the Act, all meetings and hearings of the DRB, except for deliberative sessions, shall be open to the public.
2.10.2.2    For the conduct of any hearing, and the taking of any action, a quorum shall be not less than the majority of members of the DRB.
2.10.2.3    In any public hearing there shall be an opportunity for each person wishing to achieve status as an interested person to demonstrate that the criteria set forth under Section 4465 of the Act are met.  The DRB shall keep a record of the name, address, and participation of each of these persons.
2.10.2.4    In accordance with §§4464(b), 4468 of the Act; the DRB may recess a hearing on any application or appeal pending the submission of additional information, provided that the next hearing date and place is announced at the hearing.    

2.10.3 Hearings on the Record
In accordance with §§4420, 4471(b) of the Act; the Town of Montgomery has adopted the Municipal Administrative Procedures Act or( “MAPA, herein)” [24 V.S.A., Chapter 36] to be applied by the DRB for purposes of hearing, on the record, applications for : site plan review, conditional use review, design review, preliminary and final subdivision review, planned unit development review, conditional use review, local Act 250 Review, and appeals and variance requests.  Accordingly:
a.  Such hearings shall be considered “contested hearings” as defined under the MAPA, to be conducted in accordance with the requirements of the procedures act.
b.  The DRB shall comply with the provisions of 12 V.S.A. §61(a) regarding conflicts of interst.
c.  Public notice of hearings shall be provided in accordance with Subsection 2.10.1.
d.  The chair or vice chair shall preside over the hearing; in their absence the DRB shall elect a temporary chair.  The presiding officer shall cause the proceeding to be recorded.
e.  All testimony of parties and witnesses shall be made under oath or affirmation.
f.  The rules of evidence as applied in civil cases in superior court shall be followed.  Irrelevant, immaterial or unduly repetitious evidence shall be excluded.  When necessary to ascertain facts not reasonably susceptible to proof under those rules, evidence not admissible under those rules may be admitted if it is of a type commonly relied upon by reasonable prudent people in the conduct of their affairs.
g.  Requirements regarding ex parte communications shall be followed.  No member of the DRB shall communicate on any issue in the proceeding, directly or indirectly, with any party, party’s representative, party’s counsel, or any interested person in the outcome of the proceeding while the proceeding is pending without additional notice and opportunity for all parties to participate.  All ex parte communications received by DRB members, all written responses to such communications, and the identity of the person making the communication shall be entered into the record.
h.  Members of the DRB shall not participate in the decision unless they have heard all the testimony and reviewed all the evidence submitted in the hearing.  This may include listening to a recording of the hearing, or reading the transcripts of testimony they have missed and reviewing all exhibits and other evidence prior to deliberation.
i.  All final decisions shall be in writing and shall separately state findings of fact and conclusions of law in accordance with Subsection 2.3.3
j.  Transcripts of proceedings shall be made upon the request and payment of reasonable costs of transcription by any party.

3.1    ZONING DISTRICTS - For the purposes of these Regulations the Town is divided into the following Zoning Districts;

3.1.1    Commercial/Residential
3.1.2    Village I
3.1.3    Village II
3.1.4    Agricultural/Residential
3.1.5    Conservation I
3.1.6    Conservation II
3.1.7    Flood Hazard Area

3.2    DISTRICT BOUNDARY DESCRIPTION - District boundaries shown within the lines of roads and streams are deemed to follow the center lines. Where boundaries follow lot lines, such lot lines shall be deemed to be the boundaries.  Where property owner names are used, the description “now or formerly” shall be understood.

3.2.1    Commercial/Residential

3.2.1.1  Montgomery Center: Extend 200’ from each side of the centerline, and run parallel to North and South Main St., (Vt Rte. 118), and Mountain Rd., (Vt. Rte. 242), in the following areas; from the junction of South Main St. and Hazen’s Notch Rd., (Town Rd. 58), to the junction of North Main St., South Main St., and Mountain Rd., then from said junction along Mountain Rd. to the junction of Mountain Rd. and Hart Rd., (Town Rd. 38), and along North Main St. to the Recreation Center right-of-way.
3.2.1.2    Montgomery Village: Extend 200’ from each side of the centerline, and run parallel to North Main St. from the junction of North Main St. and Vincents Bridge Rd., (Town Rd. 42), to the junction of North Main St. and Bank Rd., (Town Rd. 47).

3.2.2      V-1

3.2.2.1    Montgomery Center: Beginning at a point 200' south of the junction of Hazen’s Notch Rd., (Town Rd. 58), and South Main St., (Vt. Rte. 118), proceed west to the centerline of the South Branch of the Trout River, then follow downstream of said Branch to the confluence with the Trout River, then follow the centerline of said River downstream to the nearest point West of the Recreation Center right-of-way, then turn East across North Main St. (Vt. Rte. 118), to the centerline of said right-of-way, then continue East along the centerline of said right-of-way for a distance of 200', then turn southerly and follow parallel with, and 200' from the centerline of North Main St. to a point 200' west of Mountain Rd., (Rte. 242), then turn north and follow parallel with, and 200' from the centerline of Mountain Rd. to the centerline of Hart Rd., (Town Rd. 38), then turn easterly and follow the centerline of Hart Rd. to Mountain Rd. then continue in the same direction across Mountain Rd. to a point 200' beyond the centerline of said Rd., then turn southerly and follow parallel with, and 200' from the centerline of Mountain Rd. to the centerline of the Trout River, then turn easterly and follow the centerline of said River to a point due North of the junction of Hazen’s Notch Rd. and Regan Rd., (Town Rd. 28), then turn south and cross Hazen’s Notch Rd. to the centerline of Regan Rd., then follow the centerline of Regan Rd. to a point 200' southerly of the centerline of Hazen’s Notch Rd., then turn westerly and follow parallel with, and 200' from the centerline of Hazen’s Notch Rd. to the point of beginning on South Main St.
3.2.2.2    Montgomery Village: Beginning at a point on North Main St., (Vt. Rte. 118), at the Ryea-Carpenter property line, proceed southwesterly along said property line to the centerline of the Trout River, then turn westerly and follow the centerline of said River to the confluence with Black Falls Brook, then turn east and follow the centerline of said Brook upstream to a point 200' southwest of Fuller Bridge Rd., (Town Rd. 1), then turn northerly and follow 200' from and parallel with the centerline of said Road to a point 200' beyond the junction of Fuller Bridge Rd., and Green Mountain Rd., (Town Rd. 5), then turn northeasterly across Fuller Bridge Rd. to a point 200' beyond the centerline of said Road, then turn southeasterly and follow 200' from and parallel with the centerline of said road to a point 200' northeast of North Main Street, continue southeasterly 200' from and parallel with the centerline of North Main Street to a point 200' northeast of the Ryea-Carpenter property line, then turn southwesterly and proceed to the point of beginning.

3.2.3      V-2

3.2.3.1    Alpine Haven: Beginning at a point on Mountain Rd., (Vt. Rte. 242), at the Montgomery-Westfield town line, proceed northerly to the 1,600' elevation contour line, then turn westerly and proceed 2,150' along said contour line to a point on the former Atlas Timber-Leisure Properties property line, then turn south along said property line for a distance of 1,000', then turn west along said property line for a distance of 1,500', then turn south along former Leisure Properties property line for a distance of 2,500' to the centerline of Mountain Rd., then turn east and follow the centerline of said Road to the point of beginning.
3.2.3.2    Montgomery Center: Beginning at a point on the Recreation Center and Center Cemetery property line which is 200' northeasterly of the centerline of North Main Street, (Vt. Rte. 118), proceed northeasterly along said property line for a distance of approximately 420', then turn on a bearing of North 82 degrees East for a distance of 2,400' to the centerline of Purrier Farm Rd., (Town Rd. 14), then turn southeasterly and follow the centerline of said Road to the centerline of Mountain Rd., (Vt. Rte. 242), then turn southwesterly and follow the centerline of said Road to a point that is due east of the centerline of Hart Rd., (Town Rd. 38), then turn westerly and follow the V-1 district boundary line to the point of beginning.
3.2.3.3     Montgomery Heights: Beginning at the centerline of Jay Brook and Amidon Rd., (Town Rd. 19), follow said Brook downstream to the confluence with Wade Brook, then turn southeasterly and follow the centerline of Wade Brook to the Lumbra-Charnov property line, then turn north along said property line for a distance of 781', then turn east along the Charnov property line for a distance of 1,350' to the Rahilly property line, then turn north and follow the Rahilly property line to the centerline of Amidon Rd., then turn westerly and follow the centerline of said Road to the point of beginning.
3.2.3.4    Montgomery Village:
a.  Beginning at a point in the centerline of North Main Street, (Vt. Rte. 118), at the junction with Vincent Bridge Rd., (Town Rd. 41), proceed southwesterly along the centerline of said Road to the centerline of the Trout River, then turn westerly and follow the centerline of said River to the V-1 District boundary line, then turn northeasterly and follow said property line to the centerline of North Main Street, then turn easterly and follow the centerline of said Street to the point of beginning.
b.  Beginning at a point in the centerline of the Trout River at the confluence with Black Falls Brook, proceed northwesterly downstream along the centerline of said River to the Jewett property line, then turn northeasterly and follow along said property line to Fuller Bridge Rd., (Town Rd. 1), then continue northeasterly across said Road and follow along the Jewett property line for 400' to the Crane property line, then continue in the same direction on a bearing of approximately, North 52 degrees East across the Crane property and Bosley property to Bosley's northern property line, then turn easterly along Bosley's property line to Green Mountain Rd., (Town Rd. 5), then diagonally across said Road to the MacLeod-Murphy property line, then turn southeasterly and follow said property line to the Black Falls Brook, continue in the same direction across said Brook to the centerline of North Hill Rd., (Town Rd. 7), then turn southwesterly and follow the centerline of said Road to the V-1 District boundary line, then turn northwesterly and follow said boundary line around to the point of beginning.
3.2.3.5    Oberland Valley: Beginning at a point in the centerline of Hannah Clark Brook Rd., (Rd. A18), proceed in an easterly direction along the Fleckenstein property line for a distance of 235' to the Solomon & Nadler-Abramowitz property line, then turn north and follow the Solomon & Nadler property line for a distance of 2,200', then turn west and follow said property line for a distance of 2,700', then turn south and follow said property line for a distance of 1,450' to the Bliss property line, then turn east and follow said property line for a distance of approximately 2,200' to a point on the Purrier property line, then continue easterly along said property line to the point of beginning.
3.2.3.6  Hutchins: Beginning at a point in the centerline of South Main Street, (Vt. Rte. 118), at the junction with Gibou Road, (Town Rd. 33), proceed westerly along the centerline of Gibou Road to the centerline of the South Branch of the Trout River, then turn north and follow the centerline of said Branch upstream to the Begnoche property line, then turn east along said property line to South Main Street, then across South Main Street to a point 400' east of the centerline of said Street, then turn southerly and follow parallel with and 400' from the centerline of said Street for approximately 3,300', then turn westerly to Lanphear's southern property line, then follow along said property line to the centerline of said Street, then turn southerly and follow along the centerline of said Street to the point of beginning.

3.3    ZONING MAPS AND DISTRICT BOUNDARIES - The Official Zoning Maps, located in the Town Clerk's Office, shall be the final authority as to the Zoning status of any lands or waters in the Town. The Official Zoning Maps are declared to be part of these Regulations and may only be altered by adoption of an amendment in accordance with §§4441 and 4442 of the Act.
3.4    INTERPRETATION OF ZONING DISTRICT BOUNDARIES - Any interpretation of Zoning District boundaries by the Administrative Officer may be appealed to the DRB for a declamatory ruling. Where a district boundary divides a lot which existed at the time of passage of these Regulations or amendments thereto, the DRB may permit, as a Conditional Use, the extension of the Regulations for either portion of the lot (not to exceed fifty (50) feet beyond the district line), into the remaining portion of the lot.
3.5    DISTRICT LAND USE - All uses and structures must hereafter conform to the District prescribed uses set forth in this section and the definitions given in Section 1.8 herein, however similar and like uses may be approved by the DRB after a public hearing and review.
3.6    DISTRICT REGULATIONS

3.6.1  Commercial/Residential

3.6.1.1    Permitted Uses:
a.  agriculture, including sale of farm produce;
b.  Bed and Breakfasts
c.  fences; (see fence standards)
d.  home occupations;
e.  one-family or two-family dwellings;
f.  business services, Personal and Professional
g.  signs (see sign standards)
3.6.1.2    Conditional Uses:
a.  commercial facilities;
b.  light industry;
c.  multiple-family dwellings
d.  Planned Unit Development;
e.  Public Facilities;
f.  recreation indoor and outdoor
g.  restaurants.
3.6.1.3    Minimum lot dimensions:
a.  size 10,000 square feet
b.  frontage 75 feet (see also Section 3.6.7)        
c.  depth 75 feet
d.  front yard 10 feet from edge of r.o.w.
e.  side yard 10 feet from lot line
f.  rear yard 20 feet from lot line

3.6.2  Village I

3.6.2.1    Permitted Uses:
a.  agriculture, including sale of farm produce;
b.  fences; (see fence standards)
c.  one-family or two-family dwellings;
d.  signs (see sign standards)
3.6.2.2    Conditional Uses:
a.  commercial facilities;
b.  home occupations
c.  Bed and Breakfasts
d.  multiple-family dwellings;
e.  business services, Personal and Professional
f.  Planned Unit Development;
g.  public facilities
h.  recreation, indoor and outdoor.
3.6.2.3    Minimum lot dimensions:
a.  size 10,000 square feet
b.  frontage 75 feet (see also Section 3.6.7)
c.  depth 75 feet
d.  front yard 10 feet from edge of r.o.w.
e.  side yard 10 feet from lot line
f.  rear yard 20 feet from lot line

3.6.3  Village II

3.6.3.1    Permitted Uses
a.  agriculture, including sale of farm produce;
b.  fences; (see fence standards)
c.  one-family or two-family dwellings;
d.  signs (see sign standards)
3.6.3.2    Conditional Uses:
a.  commercial facilities
b.  home occupations;
c.  Bed and Breakfasts
d.  multiple-family dwellings;
e.  business services, Personal and Professional
f.  Planned Unit Development;
g.  public facilities
h.  recreation, indoor and outdoor.
3.6.3.3    Minimum lot dimensions
a.  size 20,000 square feet
b.  frontage 100 feet (see also Section 3.6.7)
c.  depth 150 feet
d.  front yard 35 feet from edge of r.o.w.
e.  side yard 25 feet from lot line
f.  rear yard 35 feet from lot line

3.6.4   Agricultural/Residential

3.6.4.1    Permitted Uses:
a.  agriculture, including sale of farm produce;
b.  camps;
c.  fences; (see fence standards)
d,  one-family or two-family dwellings;
e.  signs. (see sign standards)
3.6.4.2    Conditional Uses:
a.  camp grounds
b.  commercial facilities;
c.  home occupations
d.  Bed and Breakfasts
e.  mobile home parks.
f.  multiple-family dwellings
g.  business services, Personal and Professional
h.  public facilities
i.   Planned Unit Development, (PUD);
j.  recreation, indoor and outdoor.
3.6.4.3    Minimum lot dimensions:
a.  size 4 acres
b.   frontage 300 feet (see also Section 3.6.7)
c.   depth 200 feet
d.  front yard 50 feet from edge of r.o.w.
e.  side yard 50 feet from lot line
f.  rear yard 50 feet from lot line

3.6.5  Conservation I (under 1600 feet elevation)

3.6.5.1    Permitted Uses:
a.  agriculture;
b.  forestry;
c.  water storage and reservoirs;
d.  wildlife refuge.
3.6.5.2    Conditional Uses:
a.  camps;
b.  single-family dwellings.
3.6.5.3    Minimum lot dimensions:
a.  size 10 acres
b.  frontage 300 feet
c.  depth 300 feet
d.  front yard 75 feet from edge of r.o.w.
e.  side yard 50 feet from lot line
f.  rear yard 50 feet from lot line

3.6.6  Conservation II (1600 feet elevation and above)

3.6.6.1    Permitted Uses:
a.  agriculture;
b.  forestry;
c.  water storage and reservoirs;
d.  wildlife refuge.
3.6.6.2    Conditional Uses: camps
3.6.6.3    Minimum lot dimensions:
a.  size 20 acres
b.  frontage 400 feet
c.  depth 300 feet
d.  front yard 100 feet from edge of r.o.w.
e.  side yard 100 from lot line
f.  rear yard 100 from lot line

3.6.7  In any district, all lots ten (10) acres or larger on a public road, shall have a minimum of three hundred (300) feet of road frontage.

3.6.8  Flood Hazard Area:

3.6.8.1  Permitted Uses:
a.  agriculture;
b.  forestry
3.6.8.2  Conditional Uses: same as those listed in the underlying District.
3.6.8.3  The Flood Hazard Area District is an overlay to the other Zoning Districts established in these Regulations and the underlying Districts' uses and lot dimensions shall apply.
3.6.8.4  The Flood Hazard Area is the one hundred (100) year flood plain shown on the FIRM (Flood Insurance Rate Map) on file in the Town Clerk's Office. This is an overlay to the official District Zoning Map and is applicable where ever it occurs. The FIRM map, by reference, is hereby made a part of these Regulations.
3.6.8.5  A copy of any application for development in this District must be mailed to the Vermont Agency of Natural Resources, Department of Environmental Conservation, Permits, Compliance and Protection Division and Water Quality Division by the Administrative Officer or the DRB in accordance with §4413 of the Act. A permit may be issued only after receipt of comments from the Agency, or thirty (30) days have elapsed from the date of mailing, which ever is sooner.
3.6.8.6  Base flood elevations provided by the FIRM shall be used to administer these Regulations. Where the base flood is not provided, information from other sources or from state or federal agencies shall be obtained to administer the provisions of these Regulations.
3.6.8.7  Flood Hazard Area Development Standards: All development shall be designed and constructed to minimize flood damage to the proposed development and to public facilities and utilities, and to provide adequate drainage to reduce exposure to flood hazards, in accordance with the following standards
a.  All structures shall be designed or modified to be adequately anchored to prevent flotation, collapse, or lateral movement of the structure during a base flood, shall be constructed of materials which are resistant to flood damage, shall be constructed by methods and practices that minimize flood damage, and shall be constructed with electrical, heating, ventilating, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering the components during flooding;
b.  New and replacement water supply and sewage disposal systems shall be designed and located to minimize or eliminate infiltration of flood waters into the systems, and discharges and contamination from the systems into flood waters;
c.  All new dwellings shall be elevated on fill so that the lowest floor, including the basement, shall be above the base flood elevation. There must be adequate grading of filled sites to reduce exposure to flood damage;
d.  All new and replacement manufactured homes shall be elevated on properly compacted fill, so that the top of the fill under the pad of the entire home is above the base flood elevation;
e.  All new non-dwelling construction shall be elevated as in 3.6.8.7c above, or shall be designed to be watertight below the base flood elevation, with walls substantially impermeable and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification by a registered professional engineer or architect that the design and proposed methods of construction are in accordance with accepted standards, shall be required before a permit may be issued.
f.  Existing buildings to be substantially improved for use as dwellings shall comply with 3.6.8.7c above. Existing buildings to be substantially improved for non-residential purposes shall comply with 3.6.8.7.e above. (see "Substantial Improvement” in definition section 1.8). Minor expansion or improvements shall maintain the floor level at, or above the existing floor level. This standard shall not prevent expansion, relocation, or repair necessary to comply with other health or safety regulations, or necessary to maintain the structural integrity of any structure which is on the State or National Register of Historic Places;
g.  Recreational vehicles placed on sites within Zone A on FIRM shall either be on the site for fewer than one hundred eighty (180) consecutive days or be fully licensed and ready for highway use, or meet all standards of §60.3(b)(1) of the National Flood Insurance Program Regulations and the elevation and anchoring requirements for “manufactured homes” of §60.3(c)(6).
h.  The flood carrying capacity within any altered or relocated portion of a watercourse shall be maintained. The Vermont Department of Water Resources and adjacent communities shall be notified at least fifteen (15) days prior to issuing a permit for such alteration and a copy of the notification shall be submitted to the Administrator of the Federal Insurance Administration. No fill or other land alteration shall be permitted which would result in flood damage or ponding to the detriment of other properties
i.  No development within a floodway will be permitted unless a registered professional engineer certifies that the proposed development will not result in an increase in flood levels during a base flood;
j.  No junk yards, storage facilities, floatable materials, chemicals, explosives, flammable liquids, or other hazardous or toxic materials shall be permitted in a floodway. These facilities may be permitted outside the floodway provided that the area is filled to at least three (3) feet above the base flood elevation;
k.  Variances may be granted by the DRB only in accordance with §§4424 (E) and 4469 of the Act.
3.6.8.8    It shall be the responsibility of the Administrative Officer to maintain a record of:
a.  all permits issued for development in the flood hazard area;
b.  the elevation, in relation to mean sea level, of the lowest floor, including the basement, of all new or substantially improved buildings;
c.  the elevation, in relation to mean sea level, to which buildings have been flood proofed;
d.  all flood proofing certifications required under this Regulation;
e.  all variances, including justification for their issuance.

4.1    EXISTING SMALL LOTS - Any lot that is legally subdivided, that is in individual and separate and non-affiliated ownership from surrounding properties, and is in existence on the date of any enactment of any bylaw, 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.

4.1.1  If such lot subsequently comes under common ownership with one or more contiguous lots, the nonconforming lot shall be deemed merged with the contiguous lot.  However, a nonconforming lot shall not be deemed merged and may be separately conveyed, if all the following apply:

4.1.1.1        the lots are conveyed in their preexisting, nonconforming configuration; and
4.1.1.2    on the effective date of any zoning bylaw, each lot had been developed with a water supply and wastewater disposal system; and
4.1.1.3    at the time of transfer, each water supply and wastewater system is functioning in an acceptable manner; and
4.1.1.4    the deeds of conveyance create appropriate easements on both lots for replacement of one or more wastewater systems, potable water systems, or both in case there is a failed system or failed supply as defined in accordance with 10 V.S.A. §1972, which means the system functions in a manner:
a.  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; or
b.  that results in a potable water supply being contaminated or rendered not potable
c.  that presents a threat to human health;

4.1.2    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.

4.2 GROUP HOMES-  A residential care home or group home, to be operated under state licensing or registration, serving not more than eight (8) persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be considered by right, to constitute a permitted single-family residential use of property, except that no such home shall be so considered if it is located within one thousand (1,000) feet of another existing or permitted such home.
4.3    HOME OCCUPATIONS - No bylaw may infringe upon the right of a resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not have an undue adverse effect upon the character of the residential are in which the dwelling is located.
4.4    LIMITATIONS - In accordance with §4413 of the Act, the following uses may only be regulated with respect to location, size, height, building bulk, courts, setbacks, density of buildings, off-street parking and loading facilities, traffic, noise, lighting and landscaping or screening and only to the extent that regulations do not have the effect of interfering with the intended functional use:

4.4.1    Churches and other places of worship, convents and parish houses;
4.4.2    Public or private hospitals;
4.4.3    Public or private schools and other educational institutions certified by the department of education;
4.4.4    Public utility power generating plants and transmission lines;
4.4.5    State or community owned institutions;
4.4.6    Regional solid waste management facilities certified under 10 V.S.A. chapter 159.
4.4.7    Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a.

4.5  MOBILE HOMES - Mobile homes, modular homes and other prefabricated housing shall be permitted in any district on the same terms and conditions as conventional housing, provided that they are anchored to a pad or permanent foundation and a durable skirt is installed around the base, consistent with the appearance of a home. No provision of these Regulations shall be construed to prevent Mobile Home Parks, as defined in 10 V.S.A. Chapter 153.
4.6  REQUIRED FRONTAGE - No land development may be permitted to lots which do not have frontage on either a public road or public waters or, with the approval of the DRB, access to such lot or lots by a permanent easement or right-of-way of record of at least twenty (20) feet in width.
4.7  VARIANCE FOR RENEWABLE ENERGY - The DRB may grant variances to encourage protection and access to renewable energy resources.  Renewable energy resources means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels including wood, agricultural sources, waste materials, waste heat and geothermal sources.
4.8  AFFORDABLE HOUSING-  No zoning regulation shall have the effect of excluding from the municipality housing to meet the needs of the population as determined in 24 V.S.A. § 4382(a)(10).
4.9  CHILD CARE-  A “family child care home or facility” as used in this subdivision means a home or facility where the owner or operator is to be licensed or registered by the state for child care.  A family child care home serving six or fewer children shall be considered to constitute a permitted single-family residential use of property.  A family child care home serving no more than six full-time children and four part-time children, as defined in subdivision 33 V.S.A. § 4902(3)(A), shall be considered to constitute a permitted use of property but may require site plan approval based on local zoning requirements.  A family child care facility serving more than six full-time and four part-time children may, at the discretion of the municipality, be subject to all applicable municipal bylaws.
4.10  ACCESSORY DWELLING UNIT-  No bylaw shall have the effect of excluding as a permitted use, one accessory dwelling unit that is located within or appurtenant to a single family dwelling where the owner occupies either unit. An accessory dwelling unit means an efficiency or one bedroom apartment that is clearly subordinate to a single family dwelling and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation, provided the unit complies with all the following:    

4.10.1 The property has sufficient wastewater capacity;
4.10.2 The unit does not exceed 30 percent of the total habitable floor area of the single family dwelling; and
4.10.3 Applicable setback, coverage, and parking requirements specified in the bylaws are met.    

4.11  AGRICULTURAL AND SILVICULTURAL PRACTICES-  In accordance with 24 V.S.A. Section 4413, this bylaw shall not regulate accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under subsections 1021(f) and 1259(f) of Title 10 and section 4810 of Title 6.

4.11.1    For purposes of this section, “farm structure” means a building, enclosure or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as “farming” is defined in subdivision 6001(22) of Title 10, but excludes a dwelling for human habitation.
4.11.2    A person shall notify a municipality of the intent to build a farm structure, and shall abide by setbacks approved by the secretary of agriculture, food and markets.  No municipal permit for a farm structure shall be required.
4.11.3    A municipality may enact a bylaw that imposes forest management practices resulting in a change in a forest management plan for land enrolled in the use value appraisal program pursuant to 32 V.S.A. chapter 124 only to the extent that those changes are silviculturally sound, as determined by the commissioner of forests, parks and recreation, and protect specific natural, conservation, aesthetic, or wildlife features in properly designated zoning districts.  These changes also must be compatible with 32 V.S.A. § 3755.

5.1    Abandonment of Structures - Within one (1) year after a structure, or excavation for a building, has been destroyed, demolished or abandoned, all structural materials shall be removed from the site and the remaining excavation shall be filled to normal grade by the owner.
5.2    Accessory Buildings - Each lot in residential use may have no more than two (2) unattached Accessory Buildings in addition to those which are attached to the Main Building, such as garages, greenhouses, storage sheds, etc., unless approved by the DRB.
5.3    Building Coverage - In determining setbacks on a lot or the size of a yard, porches, decks, carports and all Principal and Accessory Buildings shall be included.
5.4    Burned Buildings - Within one (1) year after a structure has been burned or destroyed by fire, the owner shall remove and refill to ground level, repair, rebuild or replace the structure
5.5    Extraction of Soil, Sand and Gravel - Any excavation or fill which could cause a change in the rate or direction of drainage to the detriment of neighboring properties, shall be permitted only upon approval of the DRB after a public hearing. The Board shall consider the existing and proposed grades and impose appropriate conditions and safeguards.  The extraction of soil, sand or gravel for sale shall be permitted only after approval by the Board and the acceptance of a site rehabilitation plan and the posting of a bond to assure such rehabilitation, in accordance with §4464 (b)(4) of the Act.
5.6    Fences - Fences shall be permitted in accordance with the following standards:

5.6.1    side and rear yard fences may be constructed on property lines;
5.6.2    front yard fences shall be setback at least 10’ from the traveled portion of a road;
5.6.3    fences shall be constructed of materials that will not cause injury to persons coming in contact with them:
5.6.4    fence height shall be no more than 4½ feet above average grade;
5.6.5    front yard fences shall be of open type construction such as wire, chain link, wood rail, iron, or wood picket with at least 50% open spacing; for example, 2" picket with 2" open space between pickets, 4" picket with 4" open space between pickets, etc.;
5.6.6    in addition to the type of construction for front yard fences, side and rear yard fences, may be of the stockade type;
5.6.7    see Section 5.23 General Provision of these Regulations for a fence around an in ground swimming pool.     
5.6.8    fences on operating farms are exempt from these regulations
5.6.9    fences that do not comply with the above standards may be permitted as a Conditional Use upon approval by the DRB. In addition to the above standards, when granting a Conditional Use Permit for fences, the DRB shall consider the criteria for Conditional Uses contained in 24 V.S.A. §4414 (3), the Performance Standards contained in Section 5.15 of these Regulations, an adjacent property owner’s right to light, air, and views, and the Applicant’s need for security and/or privacy.

5.7      Height Regulations - No structure shall exceed a height of thirty five (35) feet above ground level, except for antenna structures, windmills with blades less than twenty (20) feet in diameter, and rooftop solar collectors less than ten (10) feet above the roof line which are mounted on complying structures.  The DRB may authorize other exceptions, such as steeples and farm uses, which do not disrupt the surroundings nor create a hazard.
5.8    Home Industry or Service Business - A Home Industry or Service Business will be allowed as an Accessory Use, if such use is permitted in the District in which it lies, provided that there are no more than three (3) employees in addition to the family, that the business is carried on within the Principal or Accessory structure, that parking complies with these Regulations, and that no objectionable side effects are produced such as noise, smoke, dust, odors, etc.
5.9    Landfill and Dumping - In any District the dumping of refuse and waste material is prohibited, except in a municipally approved solid waste facility. Only inert materials such as loam, rock, stone and etc. may be used for land fill.
5.10    Lots

5.10.1     lots which abut on more than one street, shall have the required frontage along every street;
5.10.2 where a District boundary line divides a lot of record at the time such line is adopted, the Regulations and uses for the less restricted part of such lot shall extend not more than fifty (50) feet into the more restricted part, provided the lot has frontage on a street in the less restricted District;

5.11    Nonconforming Uses and Nonconforming Structures- The following provisions shall apply to all buildings and uses existing on the effective date of these Regulations which do not conform to the requirements set forth herein, and to all buildings and uses that in the future do not conform by reason of subsequent amendments to these Regulations.  Any non-conforming use of  structures or land may be continued indefinitely, but may not be:

5.11.1    changed to a different non-conforming use without approval of the DRB;
5.11.2    moved, enlarged, altered or extended without approval of the DRB;
5.11.3    re-established, if such use has been discontinued for a period of one (1) year, or has been changed to, or replaced by, a conforming use, unless approved by the DRB.  Intent to resume a non-conforming use does not confer the right to do so;
5.11.4    restored for other than a conforming use after damage from any cause, unless the non-conforming use is reinstated within one (1)year of such damage.  If the restoration is not completed within one (1) year, the non-conforming use of such a building shall be deemed to have been discontinued;
5.11.5    Nothing in this section shall prevent normal maintenance and repair on a nonconforming structure, provided that such action does not increase the degree of nonconformance.
5.11.6    If a mobile home park, as defined in 10 V.S.A. chapter 153, is a nonconformity pursuant to a municipality’s bylaws, the entire mobile home park shall be treated as a nonconformity under those bylaws, and individual lots within the mobile home park shall in no event be considered nonconformities.  Unless the bylaws provide specific standards as described in 24 V.S.A. § 4412 (1)(B), where a mobile home park is a nonconformity under the bylaws, its status regarding conformance or nonconformance shall apply to the parcel as a whole, and not to any individual mobile home lot within the park.  An individual mobile home lot that is vacated shall not be considered a discontinuance or abandonment of a nonconformity.

5.12  Obstruction of View - On a corner lot, regardless of the District, within the triangular area formed by the intersection of two street property lines and a third line joining them at points twenty five (25) feet away from their intersection, there shall be no obstruction to vision between the height of three (3) feet and ten (10) feet above the average grade of each street. The DRB way waive this requirement in the Commercial District.
5.13  Open Storage of Vehicles and Junk - In any District, junk or motor vehicles which are non-operating and non-inspected shall be stored in an enclosed structure or in an area concealed from view.  Vehicles being used in farm operations are exempt.
5.14    Parking

5.14.1    Combined Parking Space - Parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use, may not be assigned to another use at the same time, except with the approval of the DRB.
5.14.2    Off-Premise Parking - With the approval of the DRB, parking space may be provided on other property if such space lies within three hundred (300) feet of the entrance to the applicant's place of business.
5.14.3    Off-Street Parking - For every new building, or any building altered, extended or changed in use, there shall be a minimum of off-street parking space provided as follows:

5.14.3.1    one-family and Two-family dwellings - one (1) space for every unit.
5.14.3.2    multiple-family dwellings - One and a third spaces for each unit, rounded up to the next whole number
5.14.3.3    professional offices/residences - One (1) space, plus one (1) additional space for every three hundred (300) square feet of office space;
5.14.3.4    professional offices/business - one (1) space for every three hundred (300) square feet of office space;
5.14.3.5    motels, Tourist Homes, Ski Lodges, Bed & Breakfast, etc. -one (1) space plus one (1) space for every quest room;
5.14.3.6    dormitories - one (1) space plus (1) space for every two (2) beds;
5.14.3.7    places of public assembly - one (1) space for every four (4)seats, or if no seating is provided, one (1) space for every two hundred (200) square feet of floor area;
5.14.3.8    Retail Uses - one (1) space for each vehicle used in the business, plus one (1) space for every two hundred fifty (250) square feet of floor area;
5.14.3.9    Restaurants Bars and Lounges - one (1) space for every four (4) seats;
5.14.3.10  Outdoor Recreation - as required by the DRB;
5.14.3.11  Special Requirements -. the DRB may require additional off-street parking and loading spaces for  any use if they find the minimum number to  create more than an occasional on-street parking problem. The parking requirements for any use may be relaxed if, after hearing, the board finds that the particular use will not create more than an occasional on-street parking problem.
5.14.3.12  Light Industry - one (1) space for every two hundred fifty (250) square feet of floor area.

5.15    Performance Standards. - The following standards of performance must be met and maintained by all uses in all Districts. No use of land or structures shall:

5.15.1    emit odors, noise, dust, dirt, noxious smoke or gases or other disturbances which are offensive and uncharacteristic of the area, or which cause damage to any home, business, vegetation or other property, or which endangers the health, safety or welfare of the neighborhood;
5.15.2    present an unreasonable risk as to fire, explosion, or hazard to any adjacent property or vehicular traffic;
5.15.3    cause sewage or other harmful wastes to be discharged into any water course or into any disposal facility beyond its proper capacity. All local, state and federal health standards shall be complied with;
5.15.4    no building shall be erected without permanent foundations and permanent siding. Pole barn construction shall be regarded as having permanent foundations.

5.16    Permit Requirements - No building or structure may be erected, enlarged, relocated or changed in use, and no parcel of land may be divided into two (2) or more parcels unless a permit has first been obtained from the Administrative Officer in accordance with §4303 of the Act and these Regulations as follows:

5.16.1    The Administrative Officer will issue a permit in accordance with Section 2.5 of these Regulations for any development or use listed as a Permitted Use upon receiving an application which complies with these Regulations;
5.16.2    The Administrative Officer will issue a permit for development or use listed as a Conditional Use, only upon being instructed to do so by the DRB. The Board will, after a public hearing, make its determination based on the criteria in §4414 (3) of the Act;
5.16.3    A variance from the District Regulations may be granted by the DRB in accordance with §4469 of the Act, following a public hearing.

5.17    Pre-Existing Development - No provisions of these Regulations shall prevent the normal continuation and maintenance of lots, structures and uses of land which lawfully existed on the effective date of these Regulations. Pre-existing development shall be subject to the same requirements as new land development, except as provided herein
5.18    Principal Building - There shall be only one principal building on a lot, unless approved by the DRB.
5.19    Reduction of Lot Area - No lot shall be so reduced in size that it fails to meet District Regulations, except when a portion is acquired for a public purpose.
5.20    Satellite Dishes - A Satellite Dish is considered an Accessory Structure under §4303 (11) of the Act, and as such, shall require a permit and shall be subject to the setback requirements of the District in which it is located. The Administrative Officer may alter the setback requirements under the following conditions

5.20.1    the applicant demonstrates that compliance interferes with reception and acceptable reception cannot be obtained elsewhere on the property;
5.20.2    adjacent properties are not adversely affected by the location of the dish.

5.21    Screening - Where a non-residential use, abuts a residential use, the parking or loading space shall not be closer than twenty (20) feet to the residential property line and the parking/loading space shall be suitably screened and landscaped.
5.22    Signs - Signs shall be permitted in accordance with the following standards:

5.22.1    On-Premise and Wall signs;

5.22.1.1    One (1) professional or home occupation sign, for each profession or occupation, not to exceed four (4) square feet in area;
5.22.1.2    Two (2) temporary auction, lawn sale, or real estate for sale signs, not to exceed eight (8) square feet in total combined area;
5.22.1.3    Two (2) signs identifying a permitted business or industry, not to exceed twenty (20) square feet in total combined area;
5.22.1.4    One (1) sign identifying any church, school or other public use, not to exceed twenty (20) square feet in area.

5.22.2    Off-Premise Signs and Special Signs may be permitted on approval of the DRB, after a public hearing, if the Board finds that such signs are in the public interest and are not detrimental to surrounding properties.
5.22.3    Projecting Signs shall:

5.22.3.1    Not extend within a highway right-of-way.
5.22.3.2    Not extend more than two (2) feet from the building wall;
5.22.3.3    Not be less than ten (10) feet above a public walking area;
5.22.3.4    Not be greater than four (4) square feet in area.

5.22.4    Ground Signs shall be set back at least ten (10) feet from the edge of a right-of-way, and at least ten (10) feet from any other lot line.
5.22.5    Lighted Signs may be illuminated by steady lights, provided such lights do not illuminate nor reflect onto other properties, nor impair a driver's vision.
5.22.6    All Signs must be kept in good repair and must be removed within thirty (30) days, if the business which they advertise ceases to function.
5.22.7    Total permissible sign area shall be calculated as follows:

5.22.7.1    Existing signs shall be included;
5.22.7.2    The total area of all signs on each lot shall not exceed twenty eight (28) square feet without approval of the DRB;
5.22.7.3    Signs consisting of free standing letters, numerals, or other components shall include any intervening space between them;
5.22.7.4    Only the larger face area of a double-faced or Y-type sign shall be used;
5.22.7.5    Back-to-back signs may be counted as one sign.

5.22.8    Every sign shall be designed and located so that it will:

5.22.8.1 Not impair public safety;
5.22.8.2 Not restrict clear vision between a sidewalk and a street;
5.22.8.3 Not be confused with traffic signs or signals;
5.22.8.4 Not prevent free access to any door, window or fire escape;
5.22.8.5 Withstand a wind pressure load of at least thirty (30) lbs. per square foot.

5.22.9    Signs not permitted in any District are:

5.22.9.1    Advertising billboards;
5.22.9.2    Flashing, oscillating, or revolving signs, unless necessary for public safety and welfare;
5.22.9.3    Roof signs;
5.22.9.4    Free standing signs in excess of twenty (20) feet in height.

5.23    Swimming Pools and Tennis Courts - Swimming pools and tennis courts shall be defined as structures and shall require a permit before installation.  In ground pools shall have a safety fence no less than four (4) feet in height with a locked gate.
5.24    Temporary Uses and Structures - Temporary permits may be issued by the Administrative Officer for a period not exceeding one (1) year for non-conforming uses incidental to construction projects, provided such permits are conditioned upon agreement by the owner to remove the structure or use upon expiration of the one (1) year time period.  Such permit may be renewed upon application for an additional period not exceeding one year.
5.25    Yards - No structure on a lot, including porches, decks and carports shall project into any minimum front, side or rear yard.
5.26    Yard Sales - Yard sales may not be more than three (3) successive days and there shall be no more than three (3) such sales per year at any given location. Exempt are religious, non-profit and fraternal organizations.
5.27    Camping Vehicles and Camp Grounds

5.27.1    Camping Vehicles - Any camping vehicle used for living quarters and sited so as not to be readily movable shall be deemed a dwelling and shall be subject to all Zoning Regulations applicable to dwellings.
5.27.2    Camp Grounds - New camp grounds, and any addition or alteration to an existing camp ground shall be subject to the following Regulations:

5.27.2.1    Conditional Use approval by the DRB;
5.27.2.2    provide for lavatory, shower and toilet facilities and individual camping vehicle or tent spaces;
5.27.2.3    maintain a strip of land at least fifty (50) feet wide as a landscaped area abutting all camp ground property lines. No camping vehicle, tent, utility or service building may be placed within this buffer area. The DRB may reduce or eliminate this landscaped area provision, if such a modification or waiver will make it possible to preserve a scenic view from the camp ground, providing that privacy for adjacent property owners can be maintained;
5.27.2.4   collector roads within the camp ground shall meet the following minimum widths;
a.  (1) one way roads - twelve (12) feet.
b.  (2) two way roads - twenty four (24) feet.
5.27.2.5   every camp ground operator maintains a register to be made available to any authorized person such as inspectors, police, etc.. Said register, which shall contain the name and addresses of all camp ground occupants and dates of residency, shall be preserved for a period of at least one (1) year.

5.28    Mobile Homes and Mobile Home Parks

5.28.1    Mobile Home - Pursuant to §4412 (1) of the Act, a mobile home shall be considered a single-family dwelling and shall meet the same zoning requirements applicable to single-family dwellings, except when unoccupied and displayed in a mobile home sales establishment, or allowed as a temporary structure under Section 5.24
5.28.2    Mobile Home Parks - New Mobile Parks and any addition or alteration to an existing Mobile Home Park shall be subject to the following Regulations:

5.28.2.1    Conditional Use approval by the DRB;
5.28.2.2    have a contiguous use area of not less than five (5) acres and not more than thirty (30) acres. The maximum density of any Mobile Home Park shall not exceed an overall average of one (1) Mobile Home per acre
5.28.2.3    maintain a strip of land at least fifty (50) feet wide as a landscaped area abutting all Mobile Home Park property lines. No Mobile Home unit, office, utility or service building may be placed within this buffer area. The DRB may reduce or eliminate this landscaped area requirement if such a modification or waiver will make it possible to preserve a scenic view from the Mobile Home Park, provided that privacy for adjacent property owners can be maintained;
5.28.2.4    minimum Mobile Home lot size shall meet the District requirement unless all lots are provided with public or common sewage disposal, in which case the minimum Mobile Home lot size may be twenty five (25) per cent less than the District minimum lot size;
5.28.2.5    each lot in a Mobile Home Park shall have at least fifty (50) feet of frontage on a Mobile Home Park road. Said roads shall be constructed to the Selectboard's road standards;
5.28.2.6    a non-porous pad, at least four (4) inches thick shall be provided for each Mobile Home lot. Each Mobile Home shall be set back at least twenty five (25) feet from the edge of the road right-of-way
5.28.2.7  sewage disposal, water supply and garbage facilities shall comply with state regulations. All electric, telephone and other utility lines shall be underground, unless the applicant can demonstrate that due to utility company standards or pricing procedures, an unreasonable financial hardship will be created.

5.29    Planned Unit Development (Pud)

5.29.1     Purpose - The purpose of a PUD shall be to encourage flexibility of design and development so as to promote the most appropriate use of land, facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of the land.
5.29.2     Modification of Regulations - Pursuant to § 4417 of the Act, the Zoning Regulations may be modified by the DRB for an application for a Conditional Use Permit for a PUD, subject to conditions set forth in this section.
5.29.3      Standards for Review

5.29.3.1    An application for a permit under this section shall include:
a.    name and address of the owner of record of the land for which the application is made, and of all adjoining lands.
b.    a survey showing exterior and interior lot lines and locations, dimensions and elevations of existing and proposed uses and structures, roads, driveways, parking areas, landscaping, site improvements, utilities, and other improvements in recordable form and certified by the applicant and by a registered surveyor.
c.    location of existing and proposed easements, deed restrictions and the like.
d.    location and design of existing and proposed water supply, sewage treatment and disposal, and surface water drainage systems, certified by the applicant and by a registered engineer or registered land surveyor.
e.    location and elevation of all physical features such as streams, ponds, wet areas, forested areas, and primary agricultural soils as defined in 10 V.S.A. §6001.
f.    measures to be taken during construction to minimize erosion, sedimentation, dust, etc.
g.    a topographical map of the proposed development, on five (5) foot contours.
h.    construction sequence and time schedule for completion of each phase and of the entire proposed development.
i.    the fee pursuant to Section2.6 of these Regulations.

5.29.3.2     Specific Standards in addition to the requirements and provisions contained in Section 5.15 of these Regulations are:   
a.    streets shall be logically related to the topography so as to produce useable lots and provide safety of both vehicular and pedestrian traffic within the site and in relationship with adjoining roads and right-of-ways.
b.    impact of the development on school, fire, and other public services shall not put an undo burden on property tax payers in the town.
c.    sewage and refuse disposal, including provisions for separate collection of recyclable materials, shall not pollute any surface or ground waters.
d.    soil erosion shall be held to a minimum, both during and after construction.
e.    removal of vegetation, especially old growth trees shall be held to a minimum and planting of trees and shrubs may be required for landscaping and/or buffers from adjoining properties.
f.    the development shall be designed so as to maximize the retention of existing forest land, farmland, areas of scenic beauty, wildlife habitat, wetlands and other environmental features.
g.    the DRB may require that a reasonable percentage of the land be utilized for open space, recreation areas or necessary town purposes and may establish conditions on the ownership, use, and maintenance of said lands as it deems necessary to assure preservation of said lands for their intended purposes
h.    a density increase of up to twenty five (25) percent more than the prescribed district density may be allowed.
i.    Mixed uses shall be arranged so as to be compatible, and to insure visual and aural privacy for the residents of the development and for adjoining properties.
j.    A density increase for dwelling units of up to twenty (20) percent more than the district density may be allowed.

5.30    Public Facilities

5.30.1    Provision for - Pursuant to § 4413 (a) of the Act, adequate provisions have been made within these Regulations for the location of the following uses in appropriate zoning Districts;

 5.30.1.1    state and community owned and operated institutions and facilities;
 5.30.1.2    public and private schools and other educational institutions certified by the Vermont Department of Education;
 5.30.1.3    Churches and other places of worship, convents and parish houses;
 5.30.1.4    public and private hospitals;
 5.30.1.5    regional solid waste management facilities certified under 10 V.S.A. Chapter 159;
 5.30.1.6    Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A.§ 6606(a).
 5.30.1.7    The above uses are allowable either individually, such as electric transmission lines, or under various classifications, such as essential public services, public uses, etc., in specified Districts and subject to all applicable provisions in these Regulations relating to size, height, building bulk, yards, setbacks, density of buildings, off-street parking and loading facilities, traffic, noise, lighting, and landscaping or screening requirements and only to the extent that regulations do not have the effect of interfering with the intended functional use.

5.30.2    Standards - The following standards shall be considered in reviewing Public Uses;

 5.30.2.1    unsightly or incompatible land uses, such as substations, parking lots and refuse areas, shall be screened with landscape materials suitable to withstand weather conditions, compatible with the soil conditions;
5.30.2.2    adequate circulation, parking and loading facilities shall be provided with particular consideration to visibility at intersections, traffic flow and control, pedestrian safety, and access in case of an emergency;
5.30.2.3    to protect the privacy of adjoining property owners, additional yard space or setback from the property lines, other than what is already required in the District, may be required;
5.30.2.4    the density, size, height or bulk of buildings may be increased or decreased as needed, to ensure compatibility with established patterns of land use.

5.31    Access to Land Development And/or New Building

5.31.1    General Provisions

5.31.1.1    No land development as defined in §4303 (3) of the Act and Section 1.8 herein, may be permitted without the required road frontage or right-of-way as set forth in Section 4.6, herein.                 
5.31.1.2    All commercial and industrial uses shall have direct access to a maintained public road or street and shall have unobstructed visibility of such road or street for three hundred (300) feet in either direction from any driveway access.

5.31.2    Driveway Requirements

5.31.2.1        All residential driveways entering onto public roads or streets must meet the requirements herein and the Selectboard's specifications for grade, culverts, ditching, and visibility. (see also Section 4.6 herein). Installation of culverts require approval from the Selectboard or their authorized agent.
5.31.2.2     All driveways shall be located at least fifty (50) feet from a street line intersection for all uses except one or two-family residential uses.

6.1    Title:This bylaw shall be known as the Wireless Telecommunications Facilities Bylaw of the Town of Montgomery.  Wireless telecommunication facilities shall include all wireless telecommunication providers, licensed and/or regulated by the Federal Communications Commission, and associated equipment and buildings.
6.2    Purposes The purpose of this bylaw is to protect the public health, safety and general welfare of the Town of Montgomery while accommodating the communication needs of residents and businesses.  This bylaw shall:

6.2.1    Preserve the character and appearance of the Town of Montgomery while              allowing adequate wireless telecommunications services to be developed.
6.2.2    Protect the scenic, historic, environmental, and natural resources of the Town of Montgomery.
6.2.3    Provide standards and requirements for the operation, siting, design, appearance, construction, monitoring, modification, and removal of wireless telecommunications facilities and towers.
6.2.4    Minimize tower and antenna proliferation by requiring the sharing of existing communications facilities, towers and sites where possible and appropriate.
6.2.5    Facilitate the provision of telecommunications services to the residences and businesses of the Town of Montgomery
6.2.6    Minimize the adverse visual effects of towers and other facilities through careful design and siting standards.
6.2.7    Encourage, through performance standards and incentives, the location of towers and antennas in non-residential areas and away from other sensitive areas such as schools, hospitals and child care facilities

6.3    Authority: Pursuant to 24 V.S.A. {4401 et seq.} the Development Review Board of the Town of Montgomery is authorized to review, approve, conditionally approve, and deny applications for wireless telecommunications facilities, including sketch, preliminary and final plans, and installation.  Pursuant to 24 V.S.A. {4407}, the Board is authorized to hire qualified persons to conduct an independent technical review of applications and to require the applicant to pay for all reasonable costs thereof.
6.4    Consistency with Federal Law: In addition to other findings required by this bylaw, the Board shall find that its decision regarding an application is intended to be consistent with federal law, particularly the Telecommunications Act of 1996.  The bylaw does not:

6.4.1    Prohibit or have the effect of prohibiting the provision of personal wireless services;
6.4.2    Unreasonably discriminate among providers of functionally equivalent services; or
6.4.3    Regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions.

6.5    Definitions:
Adequate Coverage: Coverage for wireless telephony is “adequate” within that
area surrounding a base station where the predicted or measured median field of strength of the transmitted signal is such that most of the time, transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped.  In the case of cellular communications in a rural environment, this would be a signal strength of at least -90dBm.  It is acceptable for there to be holes within the area of adequate coverage as long as the signal regains its strength further away from the base station.  The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain.
Antenna: A device for transmitting and/or receiving electromagnetic waves,     which is attached to a tower or other structure.
Antenna Height: The vertical distance measured from the base of the antenna     support structure at grade to the highest point of the structure.  If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
Applicant: A person who applies for a telecommunications facility siting.  An applicant can be the telecommunications service provider with the owner’s written permission (or other legally designated representative) or the owner of the property.
Collocation: Locating wireless communications equipment from more than one provider on a single site.
FCC: Federal Communications Commission.  
Repeater: A small receiver/relay transmitter and antenna of relatively low power output designed to provide service to areas which are not able to receive adequate coverage directly from a base or primary station.
Scenic View: A scenic view is a wide angle or panoramic field of sight and may include natural and/or manmade structures and activities.  A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path.  A view may be to a far away object, such as a mountain, or a nearby object.
Telecommunications Facility: All equipment (including repeaters) and locations of equipment with which a telecommunications provider transmits and receives the waves which carry their services.  This facility may be sited on one or more towers or structures owned and permitted by the provider or another owner or entity.
View Corridor: A three dimensional area extending out from a viewpoint.  The width of the view corridor depends on the focus of the view.  The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective.  Although the view corridor extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
6.6    Permitted and Prohibited Locations  Wireless telecommunications towers or facilities may be permitted as conditional uses upon compliance with the provisions of this bylaw in the following zoning districts:

6.6.1    Agriculture/Residential
6.6.2    Conservation I
6.6.3    Additionally, freestanding telecommunications towers or antennas over 20 feet in elevation may not be located in any of the following locations:

6.6.3.1     Within 500 ft. of a State or Federally designated wetland.
6.6.3.2      The habitat of any State listed Rare or Endangered Species
6.6.3.3      Within 500 ft. horizontally from any Historic District or property eligible to be listed on the Federal Historic Register.
6.6.3.4      Closer than 1 ½ x height horizontally to the boundary of the property on which the tower is located.
6.6.3.5     Closer than 400 ft. horizontally to any structure existing at the time of the application which is used as either a primary or secondary residence, to the property of any school, or to any other building.
6.6.3.6     Within 1 ½ x height horizontally of any river or perennial stream.
6.6.3.7      Within 1 ½ x height horizontally of any known archeological site.
6.6.3.8      Within 2x height horizontally of a designated scenic road or highway.

6.7    Small Scale Facilities : The placement of wireless telecommunications antennas, repeaters or microcells on existing buildings, structures, roofs or walls, and not extending more than 10 feet from the same, or the installation of ground facilities less than 20 feet in height, may be approved by the Administrative Officer, provided the antennas meet the applicable requirements of this bylaw, upon submission of:

6.7.1    A final site and building plan.
6.7.2    A report prepared by a qualified engineer [A mechanical or structural engineer will be qualified by virtue of licensing in the State of Vermont; RF engineers, however, are not licensed by most states, including Vermont.] indicating the structure’s suitability for the telecommunications facility, and that the proposed method of affixing the antenna or other device to the structure complies with standard engineering practices.  Complete details of all fixtures and couplings and the exact point(s) of attachment shall be indicated.
6.7.3    For a facility to be installed on an existing structure, a copy of the applicant’s executed contract with the owner of the existing structure.  However, no such device may be located closer than 50' to an existing residence not owned by the applicant.

6.8    Application Requirements for Wireless Telecommunications Facilities not Covered under Section 6.7: An applicant for a permit must be a personal wireless service provider or FCC licensee, or must provide a copy of its executed contract to provide land or facilities to such an entity, to the Administrative Officer at the time that an application is submitted.  A permit shall not be granted for a tower or facility to be built on speculation.  No construction, alteration, modification (including the installation of antennas for new uses) or installation of any wireless telecommunications tower or facility shall commence without a conditional use permit first being obtained from the Development Review Board.  In addition to information otherwise required in the Town of Montgomery’s Zoning Bylaws, applicants for wireless telecommunications towers or facilities shall include the following supplemental information:

6.8.1    The name and address of the applicant, the record landowners and any agents of the landowners or applicants.  If the applicant is not a natural person, the name and address of the business and the state in which it is incorporated and has its principal office shall be provided.
6.8.2    The name, address and telephone number of the person to be contacted and who is authorized to act in the event of an emergency regarding the structure or safety of the facility.
6.8.3    The names and addresses of the record owners of all abutting property.
6.8.4    A report from qualified engineers that:

6.8.4.1    Describes the facility height, design and elevation.
6.8.4.2    Documents the height above grade for all proposed mounting positions for antennas to be co-located on a telecommunications tower or facility and the minimum separation distances between antennas.
6.8.4.3    Describes the tower’s proposed capacity, including the number, height and type(s) of antennas that the applicant expects the tower to accommodate.
6.8.4.4    In the case of new tower proposals, demonstrates that existing telecommunications sites and other existing structures, or other structures proposed by the applicant within 5 miles of the proposed site cannot reasonably provide adequate coverage and adequate capacity to the Town of Montgomery.  The documentation shall include, for each facility site or proposed site within such radius, the exact location, ground elevation, height of tower or structure, and sufficient additional data to allow the independent reviewer to verify that other locations will not be suitable.
6.8.4.5    Demonstrates that the applicant has analyzed the feasibility of using “repeaters” or micro-cells in conjunction with all facility sites listed in compliance with Section _________to provide coverage to the intended service area.
6.8.4.6    Describes potential changes to those existing facilities or sites in their current state that would enable them to provide adequate coverage.
6.8.4.7    Describes the output frequency, number of channels, sector orientation and power output per channel, as appropriate for each proposed antenna.
6.8.4.8    Includes a written explanation for use of the proposed facility, including reasons for seeking capacity in excess of immediate needs if applicable, as well as plans for additional development and coverage within the Town.
6.8.4.9    Demonstrates the tower’s compliance with the municipality’s structural standards and setbacks for towers and support structures.
6.8.4.10    Provides assurance that at the proposed site the applicant will establish and maintain compliance with all FCC rules and regulations, particularly with respect to radio frequency exposure.  The Development Review Board may hire independent engineers to perform evaluations of compliance with the FCC regulations, standards and requirements on an annual basis at unannounced times, to be paid for by applicant.
6.8.4.11    Includes other information required by the Board that is necessary to evaluate the request.  Includes an engineer’s stamp and registration number, where appropriate.
6.8.4.12    A letter of intent committing the facility owner and his or her successors to permit shared use of the facility if the additional user agrees to meet reasonable terms and conditions for shared use.

6.8.5    For a facility to be installed on an existing structure, a copy of the applicant’s executed contract with the owner of the existing structure (to be provided to the Administrative Officer at the time an application is submitted.)
6.8.6    To the extent required by the National Environmental Policy Act (NEPA) as administered by the FCC, a complete Environmental Assessment (EA) draft or final report describing the probable impacts of the proposed facility.
6.8.7    A copy of the application or draft application for an Act 250 permit, if applicable.  The permit application shall be signed under the pains and penalties of perjury.

6.9    Site Plan Requirements for Wireless Telecommunications Facilities not covered under Section 6.7:  

6.9.1    Location Map: A copy of a portion of the most recent USGS Quadrangle map showing the area within at least a two-mile radius of the proposed facility site.
6.9.2    Vicinity Map showing the entire vicinity within a 2500-foot radius of the facility site, including the facility or tower, topography, public and private roads and driveways, buildings and structures, water bodies, wetlands, landscape features, historic sites and habitats for endangered species.  It shall indicate the property lines of the proposed facility site parcel and all easements or rights of way needed for access from a public way to the facility.
6.9.3    Proposed site plans of the entire development indicating all improvements including landscaping, utility lines, guy wires, screening and roads.
6.9.4    Elevations showing all facades and indicating all exterior materials and color of towers, buildings, and associated facilities.
6.9.5    Computer generated photo simulations of the proposed facility showing the facility from all public rights-of-way and any adjacent property from which it may be visible.  Each photo must be labeled with the line of sight, elevation and with the date taken imprinted on the photograph.  The photos must show the color of the facility and method of screening.
6.9.6    In the case of a proposed site that is forested, the approximate average height of the existing vegetation within 200 feet of the tower base.
6.9.7    Construction sequence and time schedule for completion of each phase of the entire project. [Plans shall be drawn at a minimum at the scale of one (1) inch equals fifty (50) feet.

6.10    Collocation Requirements: An application for a new wireless telecommunications facility shall not be approved unless the Development Review Board finds that the facilities planned for the proposed structure cannot be accommodated on an existing or approved tower or structure due to one of the following reasons:

6.10.1    The proposed antennas and equipment would exceed the structural or spatial capacity of the existing or approved tower or facility, as documented by a qualified engineer licensed to practice in the State of Vermont.  Additionally, the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility.
6.10.2    The proposed antennas and equipment would cause interference materially impacting the usefulness of other existing or permitted equipment at the existing or approved tower or facility as documented by a qualified engineer and such interference cannot be mitigated at a reasonable cost.
6.10.3    The proposed antennas and equipment, either alone or together with existing facilities, equipment or antennas, would create excessive radio frequency exposure.
6.10.4    Existing or approved towers and structures cannot accommodate the planned equipment at a height necessary to function reasonably or are too far from the area of needed coverage to function reasonable as documented by a qualified engineer.
6.10.5    Aesthetic reasons make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building
6.10.6    There is no existing or approved tower in the area in which coverage is sought
6.10.7    Other unforeseen specific reasons make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.                 Towers must be designed to allow for future placement of antennas upon the tower and to accept antennas mounted at varying heights when overall permitted height allows.  Towers shall be designed structurally and in all other respects to accommodate both the applicant’s antennas and additional antennas when overall permitted height allows.

6.11    Access Roads and Above Ground Facilities:   Where the construction of new wireless telecommunications towers and facilities requires construction of or improvement to access roads, to the extent practicable, roads shall follow the contour of the land, and be constructed or improved within forest or forest fringe areas, and not in open fields.  Utility or service lines shall be designed and located so as to minimize or prevent disruption to the scenic character or beauty of the area.  The Town may require closure of access roads to vehicles following facility construction where it is determined that site conditions warrant the same and where maintenance personnel can reasonably access the facility site on foot.
6.12    Tower and Antenna Design Requirements: Proposed facilities shall not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor.  Height and mass of facilities shall not exceed that which is essential for the intended use and public safety.

6.12.1    Towers, antennas and any necessary support structures shall be designed to blend into the surrounding environment through the use of color camouflaging and architectural treatment, except in cases in which the Federal Aviation Authority (FAA), state or federal authorities have dictated color.  Use of stealth design, including those which imitate natural features, may be required in visually sensitive locations.
6.12.2    In order to protect public safety and to preserve the scenic character and appearance of the area, the height limit for towers, antennas and tower related fixtures shall be not more than 20 feet above the average height of the tree line measured within 100 feet of the highest vertical element of the telecommunications facility.  Notwithstanding the above, additional height may be approved upon finding by the Development Review Board that the additional height is necessary in order to provide adequate coverage in the Town of Montgomery or to accomplish collocation of facilities and that the additional height will not cause an undue visual impact on the scenic character or appearance of the area.
6.12.3    Towers, antennas and any necessary support structures shall be designed to avoid having an undue adverse aesthetic impact on prominent ridgelines and hilltops.  In determining whether a tower’s aesthetic impact would be undue and adverse, the Board will consider:

6.12.3.1    the period of time during which the proposed tower would be viewed by the traveling public on a public highway;
6.12.3.2    the frequency of the view experienced by the traveling public;
6.12.3.3    the degree to which the tower would be screened by existing vegetation, the topography of the land , and existing structures;
6.12.3.4    background features in the line of sight to the proposed tower that obscure the facility or make it more conspicuous;
6.12.3.5    the distance of the proposed tower from the view point and the proportion of the facility that is visible above the skyline;
6.12.3.6    the sensitivity or unique value of a particular view affected by the proposed tower;
6.12.3.7    significant disruption of a viewshed that provides context to a historic or scenic resource.
The board shall have the authority to impose conditions consistent with the purpose of this section in approving a proposed facility.  Furthermore, the Board may designated an alternative location for the tower to be evaluated by the applicant if it is determined that the proposed location would result in undue adverse aesthetic impacts.  In consideration of this, the applicant may revise its application to include such a site, assuming it is available to the applicant and reasonably technically feasible to meet the applicant’s communication objectives.

6.12.4    All buildings and structures accessory to a tower (except for electric power poles where specifically exempted by the Board) shall meet the minimum setback requirements of the underlying zoning district or setback requirements specified by this bylaw.  If the minimum setbacks of the underlying zoning district are less than the height of the tower, including antennas or other vertical appurtenances, the minimum distance from the tower to any property line shall be no less than the height of the tower, including antennas and other vertical appurtenances.
6.12.5    Ground mounted equipment or antennas as well as buildings and structures accessory to a tower shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better complements the architectural character of the surrounding neighborhood.  A planted or vegetative screen shall be a minimum of ten feet in depth with a minimum height of six feet and shall have the potential to grow to a height of at least 15 feet at maturity.  Existing on-site vegetation outside the immediate site for the wireless facility shall be preserved or improved.  Disturbance to existing topography shall be minimized unless the disturbance is demonstrated to result in less visual impact on the facility from surrounding properties and other vantage points.

6.13    Amendments to Existing Wireless Telecommunications Facility Permit: An alteration or addition to a previously approved wireless telecommunications facility shall require a permit amendment when any of the following are proposed:

6.13.1    Change in the number of buildings or facilities permitted on the site;
6.13.2    Addition or change of any equipment resulting in greater visibility or structural windloading, or additional height of the tower, including profile of additional antennas, not specified in the original application.

6.14    Tower Lighting and Signage; Noise Generated by Facility: Unless required by the Federal Aviation Administration (FAA), no lighting of towers is permitted.  In any case where a tower is determined to need obstruction marking or lighting, the applicant must demonstrate that it has or will request the least visually obtrusive marking and/or lighting scheme in FAA applications.  Copies of required FAA applications shall be submitted by the applicant.  Heights may be reduced to eliminate the need for lighting or another location selected.  No commercial signs or lettering shall be placed on a tower or facility.  Signage shall be limited to that required by federal or state regulation.  The Board may impose conditions to minimize the affect of noise from the operation of machinery or equipment upon adjacent properties.
6.15    Temporary Wireless Communication Facilities: Any wireless telecommunications facility designed for temporary use is subject to the following:

6.15.1    Use of a temporary facility is permitted only if the owner has received a temporary use permit from the Town of Montgomery.
6.15.2    Temporary facilities are permitted for no longer than five days use during a special event.
6.15.3    The maximum height of a temporary facility is 50 feet from grade.
6.15.4    Temporary facilities must comply with all applicable portions of these regulations.

6.16    Continuing Obligations: Upon receiving a permit, the permittee shall annually demonstrate that he or she is in compliance with all FCC standards and requirements regarding radio frequency exposure, and provide the basis for his or her representations. [Submission of measurements assumes that they were necessary to demonstrate compliance.  Most compliance can be established by other means.]
6.17    Facility Removal:   Abandoned, unused, obsolete, or noncompliant towers or facilities governed under this bylaw shall be removed as follows:

6.17.1       The owner of a facility/tower shall annually, on January 15, file a declaration with the Town of Montgomery’s Administrative Officer certifying the continuing safe operation of every facility/tower installed subject to these regulations.  Failure to file a declaration shall mean that the facility/tower is no longer in use and considered abandoned.
6.17.2       Abandoned or unused towers or facilities shall be removed within 180 days of cessation of operations at the site unless a time extension is approved by the Development Review Board.  In the event the tower or facility is not removed within 180 days of the cessation of operations at a site, the municipality shall notify the owner and may remove the tower or facilities.  Costs of removal shall be assessed against the property or tower owner.
6.17.3       Towers and facilities which are constructed in violation of permit conditions or application representations shall be removed within 180 days of cessation of operations at the site unless a time extension or negotiated solution is approved by the Development Review Board.  In the event the tower or facility is not removed within 180 days of notification of such a violation, the municipality may remove the tower or facilities.  Costs of removal shall be assessed against the property or tower owner.
6.17.4       An owner who has failed to file an annual declaration with the Administrative Officer by January 15 may, by February 15, file a declaration of use or intended use and may request the ability to continue use of the facility/tower.
6.17.5       The Applicant shall, as a condition fo the conditional use permit, provide a financial surety bond payable to the Town of Montgomery and acceptable to the Board to cover the cost of removal of the facility and remediation of the landscape, should the above clauses be invoked.

6.18    Maintenance Requirements: The Applicant shall maintain all facilities.  Such maintenance shall include, but not be limited to painting, structural integrity and landscaping.  In the event the applicant fails to maintain the facility, the Town of Montgomery may undertake such maintenance at the expense of the applicant or landowner.
6.19    Insurance Requirements: The facility owner shall maintain adequate insurance on all facilities.
6.20    Fees: Fees for filing an application to build or alter a wireless telecommunications facility shall be set by the Montgomery Selectboard.   Additional fees may include the reasonable costs of an independent technical assessment of the application that may be incurred during the review and permitting process.
6.21    Enforcing Agent: The Administrative Officer shall be the agent to enforce the provisions of this bylaw.
6.22    Severability: If any portion of this bylaw is held unconstitutional or invalid by a court of competent jurisdiction,  the remainder of this bylaw shall not be affected.
6.23    Effective Date: This bylaw shall take effect  upon adoption.