Notice of Public Hearing

    In accordance with the provisions of Title 24, Sections 4441(d) and 4444, of the Vermont Statutes Annotated, the Select Board for the Town of Weathersfield, Vermont, will hold a public hearing on Tuesday, May 21, 2012 at 7:00P.M., at the Weathersfield Town Office, at 5259 Route 5, to hear public comments on a proposed amendment to Zoning Bylaw sections:

 4.3.2(a)-(g) Use Requirements by District Type;
6.12 Height Limitations
8 Definitions

    The proposed amendments are generally described as follows:

    Statement of Purpose
    The purpose of these amendments is to:
    (a)    repeal section 6.12, Height Limitation;
    (b)    provide definitions of “building or structure height” and “average grade”
    (c)    provide flexibility in the Zoning Bylaws to permit different height limits in different zoning districts.

    Geographic Areas Affected
    The entire Town of Weathersfield is affected by this amendment.

    Section Headings
    Section 4.3.2(a)-(g) Use Requirements by District Type
    Section 6.12 Height Limitations
    Section 8 Definitions.  

    Copies of the full text of the proposed amendment is available for review at the Weathersfield Town Office and the Weathersfield Proctor Library in Ascutney, Vermont.  Persons wishing to be heard may do so in person, be represented by an agent, or may file  written comments with the Board prior to the hearing.
    Dated at Town of Weathersfield, Windsor County, State of Vermont, this 27th   day of Feb.  2012.
                    
                    Richard Clattenburg, Jr., Clerk
                    Weathersfield Select Board

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6.12    Height Limitations: Current Language
Except for the purpose of farming, or with a conditional use permit in the Industrial Zone, structures in all districts shall not exceed a height of 35 feet.  Height shall be measured from the average finished grade within ten (10) feet of the walls of the building and to the highest point of flat or mansard roofs, including the top of a parapet, or to the ridge for gable, hip or gambrel roofs.

Proposed Changes
(1)    Repeal Section 6.12,  Height Limitations.

(2)    Add the following definitions to Section 8,  Definitions:

Building or Structure Height: The distance from the average grade to the highest point on a building or structure.

Average Grade: The average of the distance from the top of foundation to the ground measured at all foundation corners of a building or structure.
                                               
(3) Delete the words “(see Sect.  6.12)” from the following sections of the bylaws:

    •    4.3.2(a)Village:
    •    4.3.2(b) Hamlet;
    •    4.3.2(c) RR1;
    •    4.3.2(d) RRR 3-5;
    •    4.3.2(e)Conservation; 
    •    4.3.2(f) Highway Commercial; and
    •    4.3.2(g) Industrial:

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Planning Commission Reporting Form
for Municipal Bylaw Amendments

Section 6.12: Height Limitations
Section 8: Definitions
Sections 4.3.2(a), (b), (c), (d), (e), (f), and (g) Use Requirements by District Type

This report is in accordance with 24 V.S.A. §4441(c).

1.  A brief explanation of the proposed amendment including a statement of purpose as required for notice under §4444 of this title.

Brief explanation of the proposed amendment
The proposed amendment:
•     repeals section 6.12, “Height Limitations”,
•    adds definitions of “Building or Structure Height” and“Average Grade”, to section 8, “Definitions”. 
•    removes the words “see Section 6.12" from sections 4.3.2 (a) - (g), “Use Requirements by District Type”.

Statement of Purpose:
The purpose of these amendments is to:
    (a)    repeal section 6.12, Height Limitation;
    (b)    provide definitions of “building or structure height” and “average grade” that are easier to understand and easier for the Zoning Administrator to administer;
    (c)    provide flexibility in the Zoning Bylaws to permit different height limits in different zoning districts.

The wording of the current section 6.12 has been difficult to interpret.  Clarifying the wording will help make the bylaw easier for applicants to understand and also for the Zoning Administrator to administer.

The current bylaw limits structure heights to 35 feet throughout the town.  The proposed amendments will allow the Planning Commission to set different height limits in different zoning districts.

2.  Findings regarding how the proposal:
(a) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing;

The Town Plan calls for the improvement and maintenance of an aesthetically pleasing environment (page 8 of 86).  The proposed amendments conform to this objective by controlling the appearance of the structures with regard to their height.

The proposed amendments will have no effect on the availability of safe and affordable housing.

(b) Is compatible with the proposed future land uses and densities of the municipal plan;

The proposed amendments are not incompatible with the proposed future land uses and densities of the municipal plan.

(c) Carries out, as applicable, any specific proposals for any planned community facilities.”

At this time there are no proposals for any planned community facilities.