Vermont Statutes Title 24 Sec. 4469
Terms Used In Vermont Statutes Title 24 Sec. 4469
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bylaws: means municipal regulations applicable to land development adopted under the authority of this chapter. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Hazard area: means land subject to landslides, soil erosion, fluvial erosion, earthquakes, water supply contamination, or other natural or human-made hazards as identified within a "local mitigation plan" enacted under section 4424 of this title and in conformance with and approved pursuant to the provisions of 44 C. See
- Municipality: means a town, a city, or an incorporated village or an unorganized town or gore. See
- National Flood Insurance Program: means the National Flood Insurance Program under 42 U. See
- Plan: means a municipal plan adopted under section 4385 of this title. See
- Renewable energy resources: means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Structure: means an assembly of materials for occupancy or use, including a building, mobile home or trailer, sign, wall, or fence. See
§ 4469. Appeal; variances
(a) On an appeal under section 4465 or 4471 of this title or on a referral under subsection 4460(e) of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is not primarily a renewable energy resource structure, the board of adjustment or the development review board or the Environmental Division created under 4 Vt. Stat. Ann. chapter 27 shall grant 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:
(1) 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 unnecessary hardship is due to these conditions, and not the circumstances or conditions generally created by the provisions of the bylaw in the neighborhood or district in which the property is located.
(2) Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the bylaw, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) Unnecessary hardship has not been created by the appellant.
(4) 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, or be detrimental to the public welfare.
(5) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaw and from the plan.
(b) On an appeal under section 4465 or 4471 of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is primarily a renewable energy resource structure, the board of adjustment or development review board or the Environmental Division may grant that variance and render a decision in favor of the appellant if all the following facts are found, and the finding is specified in its decision:
(1) It is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the bylaws.
(2) The hardship was not created by the appellant.
(3) 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, or be detrimental to the public welfare.
(4) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaws and from the plan.
(c) In rendering a decision in favor of an appellant under this section, a board of adjustment or development review board or the Environmental Division may attach such conditions to variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this chapter and the plan of the municipality then in effect.
(d) A variance authorized in a flood hazard area shall meet applicable federal and State rules for compliance with the National Flood Insurance Program. (Added 2003, No. 115 (Adj. Sess.), § 106; amended 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 138 (Adj. Sess.), § 14, eff. May 14, 2012.)