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Full list of Questions...
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| Mechanics of Timing |
| 1. |
In light of the substantial changes
to Chapter 117, what bylaw changes should a
municipality make and when should those changes be made? |
| 2. |
What should be done if an existing
bylaw references, or incorporates by reference, a
section of the old Chapter 117? |
| 3. |
What if a municipality doesn't
make its bylaws consistent with state law by September 1,
2005? |
| The Adoption,
Amendment and Repeal Process |
| 4. |
What is the process for adopting,
amending, or repealing a bylaw in a rural town? |
| 5. |
If the selectboard in a rural town
approves a resolution to give authority to the voters to amend or
repeal bylaws via Australian ballot, can the selectboard take it back? |
| 6. |
Can the selectboard in a rural town
give voters this authority for just one year? |
| 7. |
Can the voters petition to overturn a
vote of the selectboard if the selectboard voted down an ordinance? |
| 8. |
Can a municipality adopt changes to
its bylaws on a piecemeal basis? |
| 9. |
Is a zoning bylaw in jeopardy if the
municipal plan expires? |
| 10. |
What if a bylaw amendment doesn't
further the objectives of the municipal plan? |
| 11. |
Can a municipality adopt freestanding
flood plain regulations without a municipal plan? |
| Affordable
Housing |
| 12. |
How must a municipality provide for
affordable housing? |
| 13. |
Can a municipality prohibit mobile
homes from a design control district, historic district, or other
type of special district? |
| Multifamily
Dwellings |
| 14. |
Is there a statutory definition
for "multifamily dwellings?" |
| 15. |
Can multifamily dwellings be
reviewed as a conditional use? |
| 16. |
Can multifamily dwellings be
relegated to a particular district in a municipality? |
| 17. |
Can a municipality limit the
number of multifamily dwellings in a district? |
| 18. |
Are multifamily dwellings
permitted as of right? |
| Accessory
Apartments |
| 19. |
Can a municipal bylaw permit
accessory dwellings that are larger than 30% of the total habitable floor space of the
single-family dwelling? |
| 20. |
Can a municipality permit an
accessory dwelling that is (for example) 500 feet away from the primary dwelling? |
| 21. |
A municipality must permit accessory dwelling units that are within or "appurtenant" to an owner-occupied
single-family dwelling. Is the term "appurtenant" defined in state law, or anywhere else? |
| 22. |
Can the owner of the single-family primary dwelling occupy the accessory apartment and rent out the larger,
formerly primary dwelling? |
| 23. |
Can a condominium contain an accessory dwelling? |
| 24. |
What are the wastewater permit requirements for accessory apartments? For example, is a state wastewater permit
required for accessory apartments? |
| Existing Small Lots |
| 25. |
If a lot was merged under the old existing small lot statute, does the new law "un-merge" those lots (i.e., is it
retroactive)? |
| 26. |
What happens if a landowner tries to develop a lot that the municipality considered to be merged? |
| 27. |
How should a municipality ratify the small lots provision? Does this have to be done prior to September 1, 2005? |
| Nonconformities |
| 28. |
How should a municipality address
nonconformities? |
| 29. |
What constitutes abandonment for
the purpose of regulating nonconformities? |
| Limitations On Zoning |
| 30. |
What is the definition of a
church as applied to the "Limitations" statute, 24 V.S.A. § 4413? |
| 31. |
What is an "other place of worship" under 24 V.S.A. § 4413? |
| 32. |
To what extent can municipalities regulate the facilities listed under 24 V.S.A. § 4413? |
| 33. |
How do you determine if zoning bylaws have the effect of "interfering with the intended functional use" of a
project under 24 V.S.A. § 4413(a)? |
| 34. |
Can a municipality regulate utilities and, if so, to what extent? |
| 35. |
Are cell towers and wind towers considered utilities under the new state law? |
| The Development Review Process |
| 36. |
Does a municipality have to adopt
the statutory language of appropriate municipal panels (AMPs)? |
| 37. |
Are rules of procedure and ethics policies required for municipal boards? |
| 38. |
What is the permitting relationship between the AMPs and the ZA? |
| 39. |
How much authority does a ZA have in amending permits issued by an AMP? |
| 40. |
What type of notice is required for a ZA to conduct minor reviews? |
| 41. |
When does the "180-day plat approval expiration" provision take effect? |
| 42. |
Do all permits issued by the zoning administrator have to be posted? |
| 43. |
Where notice is required within view of a public right-of-way, does a private driveway suffice? |
| 44. |
Who is required to post the notice of permit - the ZA or the landowner? |
| 45. |
Does either the ZA or the applicant have a duty to replace posted warnings and notices that have been ripped down? |
| 46. |
When should warnings and notices be posted - at the time the application is submitted, or when the permit is issued? |
| 47. |
What are the consequences for an applicant for not posting a zoning permit on the subject property? |
| 48. |
Is it a violation of a zoning bylaw if a posted notice gets ripped down? |
| 49. |
What is deemed approval? How does an applicant assert his or her right to deemed approval? |
| 50. |
When does the time period begin to run for deemed approval? |
| 51. |
If the zoning board of adjustment and the planning commission hold a combined review of an application, should the
decisions of the two boards be separate? |
| 52. |
If a municipality has a joint meeting of the ZBA and PC, which notice requirements do you follow? Is it the more
restrictive of the two? |
| 53. |
Does the ZA need to issue a permit after the AMP issues a decision? |
| 54. |
How much information must be given (e.g. date, time, place) to adjourn an AMP hearing to another time? |
| 55. |
Is it sufficient for an AMP to issue an oral decision to applicants? |
| 56. |
Must AMP decisions be mailed and, if so, to whom? |
| 57. |
Should decisions be sent via certified mail to the applicant and sent via regular mail to everyone else? |
| 58. |
Can a municipality charge to recover the cost of administering its zoning regulations? |
| Appeals |
| 59. |
Who are "interested persons"? |
| 60. |
How does one appeal the denial of
interested person status? |
| 61. |
Will a DRB have to determine who is an "interested person"? |
| 62. |
If a person attempts to demonstrate interested person status before an AMP, must the AMP develop a service list
and mail all documentation to that interested person? |
| 63. |
Is the conservation commission entitled to interested person status in an AMP hearing? If so, which member
should participate? |
| 64. |
Can "non-interested" persons participate in any way? Does Vermont's Open Meeting Law apply? |
| 65. |
Do all members of a group have to individually show they are "interested persons?" |
| 66. |
Can bylaws require interested parties to submit evidence in advance? |
| 67. |
If the zoning administrator fails to take action, is that failure to act appealable? |
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