Zoning and Subdivision By-Laws
The Town of Shelburne first adopted Zoning bylaws in the early 1960s; subdivision bylaws were implemented a number of years later.
Key features of the Shelburne Zoning regulations include a zoning map, which creates zoning districts, and lists of allowed uses (“permitted uses” and “conditional uses”) for each of those districts. The district regulations also include various dimensional standards specifying minimum lot sizes, setback distances, etc. In addition, the regulations include a series of overlay districts, which modify—sometimes relaxing, other times tightening—the requirements of the underlying zoning districts. A link to the zoning regulations is provided to the right.
Form Based Zoning
As part of its Zoning bylaws, Shelburne also has adopted an alternative type of regulation known as “Form Based” zoning. Form based zoning applies to a portion of the Town located north of the LaPlatte River. At the present time, the form based zoning regulations are optional—that is, they apply only if an applicant wishes to follow them. A link to the Form based regulations is to the right.
Why would someone choose to submit an application for review under Form based zoning? Form based zoning provides new development opportunities, including significantly increased development density. But, it does also apply additional development requirements.
Municipalities are authorized to adopt Subdivision bylaws “to guide community settlement patterns and to ensure the efficient extension of services, utilities, and facilities as land is developed.” Subdivision regulations govern the “approval, modification, or disapproval” of certain land surveys. They typically establish numerous standards and procedures for the review of those surveys. Shelburne’s subdivision regulations classify subdivisions into two categories—major and minor—which undergo different review processes. The regulations also contain provisions for approving simple subdivisions known as boundary line adjustments. A link to the subdivision regulations is provided to the right.
On June 30, 2020, the Shelburne Selectboard adopted a set of “Interim Bylaws".
State law (24 V.S.A. § 4415) enables a municipality to adopt such bylaws on a short term basis. Typically, interim bylaws are:
· adopted by the legislative body (Selectboard in Shelburne) after public hearing upon public notice as an “emergency measure.”
· limited in duration to two years but may be extended subject to certain limits.
· meant to occur only if it “is conducting or has taken action to conduct studies, or has held or is holding a hearing for the purpose of considering a bylaw…”
The purpose of the Interim Bylaws is “to protect the general public health and welfare and provide for orderly physical and economic growth of the Town of Shelburne during the current period of the COVID-19 pandemic. These bylaws are intended to facilitate businesses to promote their services and products, and to support social distancing during the period of time covered by these bylaws.”
A copy of the Interim Bylaws is posted here.