On next Thursday September 19th, 2019 at 7:45 PM, the Charlotte Planning Commission will host a public hearing on Act 143 (pertaining to "Accessory On-Farm Businesses") and how it may or may not be addressed within the Charlotte Land Use Regulations (LUR). The hearing will be held at the Town Offices at 159 Ferry Road in Charlotte, Vermont.
This discussion will address the prospective update of the Charlotte Land Use Regulations (LUR) to require accessory on-farm businesses to meet Site Plan and Performance Standards Review for their subordinate commercial uses, as authorized by Act 143. However, the current LURs exempt agricultural development from these forms of review. Furthermore, it is understood from guidance issued from the Vermont Agency of Agriculture, Food, and Markets that:
"Act 143 created a statewide land use review category, the 'accessory on-farm business', which is defined in statute. While this same broad language will be applied across all municipalities with site plan review it may be interpreted and applied differently. The administration of the law depends on local application requirements, the standards in the bylaws and even could depend on the culture of the community"
The previous Charlotte Zoning Administrator (ZA) had researched the issues related to Act 143 and left the Town with the following issues for consideration:
1. Determine whether to extend site plan and performance standard reviews to accessory businesses
2. Consider recognizing certain size activities as thresholds for accessory vs. non-accessory
3. Codify a more permissive stance
4. Consider authorizing the zoning administrator to determine whether an activity is truly accessory.
You may review the Zoning Administrator's report along with additional relevant documentation on the Town's website under Land Use Regulations, or at the following link: https://is.gd/O378ZQ
Please pass this message along and come participate in the discussions for an anticipated update to the Regulations in 2020!
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