Zoning, building permits and septic rules in Village of West Burke, Vermont

Village of West Burke’s own rules

• Certificate of occupancyRequired

  New structures, certain changes of use, and structures in flood hazard areas in West Burke village (zoning certificate of occupancy issued by the administrative officer)

  • Subsection (2) provides exceptions (not fully read)
  • Certifies conformity with zoning permits, not the building code

  “it shall be unlawful to use or occupy, in whole or in part, any of the following forms of development until the administrative officer has issued a certificate of occupancy”

• Local zoningPresent

  Land inside West Burke village. West Burke is an unincorporated village within the Town of Burke (Caledonia County); the Town of Burke zoning bylaw, not a separate village ordinance, applies there.

  • West Burke village has no zoning of its own found; Town of Burke bylaw covers it
  • Bylaw amended through May 26, 2023

  “the two areas designated by this district - east burke village and west burke village are considered to be the town's "growth centers."”

• Zoning districtsPublished

  Zoning districts applying in West Burke village (Village Mixed Use district)

  • Official zoning map is kept in the Burke town clerk's office
  • Town districts: VMU, VR, AR I, AR II, Resort, plus scenic/conservation and flood hazard overlays

  “the town of burke zoning map shows a division of the town into the following districts: village mixed use "vmu" village residential "vr"”

• Minimum lot sizeSpecified

  Village Mixed Use (VMU) district, which includes West Burke village

  • Applies to single-lot developments; density bonuses under Article 7
  • Lot size depends on water/sewer availability: off-lot water and sewer; off-lot water or sewer; no off-lot water or sewer

  min lot size, off-lot water and sewer: >= 0.25 acre · min lot size, off-lot water or sewer: >= 0.35 acre · min lot size, no off-lot water or sewer: >= 0.75 acre

  “minimum lot size*.25 acre (10,890 sq. ft.).35 acre (15,246 sq. ft.).75 acre (32,670 sq. ft.) min. lot width 80 ft.”

• SetbacksSpecified

  Village Mixed Use (VMU) district, which includes West Burke village

  • Columns by water/sewer availability; minimum lot width 80 ft, 80 ft, 150 ft respectively
  • Setback waivers possible under §319

  front/side/rear, off-lot water and sewer: >= 40/10/15 ft · front/side/rear, off-lot water or sewer: >= 40/10/15 ft · front/side/rear, no off-lot water or sewer: >= 55/15/25 ft

  “40 ft. min. 10 ft. min 15 ft. min. 80 ft. 40 ft. min. 10 ft. min. 15 ft. min. 150 ft. 55 ft. min. 15 ft. min. 25 ft. min.”

• Living in an RVLimited

  Recreational vehicles on private lots in Town of Burke zoning, including West Burke village

  • Park in rear or side yards, at least 10 ft from any lot line and 55 ft from road centerline
  • Occupied or utility-connected no more than 30 days total per calendar year
  • Beyond 30 days it is a permanent structure requiring a zoning permit
  • No more than two RVs per lot unless an approved campground

  max occupancy: <= 30 days per calendar year (except when in approved campground)

  “parked recreational vehicles shall not be occupied as living quarters, nor be hooked up to any utilities, for more than a total of thirty (30) days in any calendar year”

• Accessory dwellingsAllowed (with conditions)

  Accessory dwelling units on owner-occupied single-family lots in West Burke village (VMU district lists accessory unit dwelling as permitted)

  • Efficiency or one-bedroom unit subordinate to the single-family dwelling
  • Property must have sufficient wastewater capacity
  • Unit may not exceed 30 percent of habitable floor area of the primary dwelling (text continues; not fully read)
  • Primary structure must be outside regulated flood hazard areas

  “this bylaw shall not have the effect of excluding as a permitted use one accessory dwelling unit that is located within or appurtenant to an owner-occupied single-family dwelling, provided that the primary structure is located outside of regulation flood hazard areas.”

• Agricultural exemptionAvailable

  Accepted agricultural practices and farm structures in the Town of Burke, including West Burke village

  • Builder must notify the Burke town clerk and abide by setbacks approved by the Secretary of Agriculture, Food and Markets

  “no zoning permits shall be required for the following activities: (1) accepted agricultural practices, including the construction of farm structures”

• Subdividing landRegulated (with conditions)

  Subdivision of land in the Town of Burke, including West Burke village

  • Article 6 subdivision review (sketch, preliminary, final plan); details not read

  “whenever any subdivision of land is required that is not specifically exempted under (2) of this bylaw, the subdivider and/or his or her authorized agent shall apply for and secure approval of such proposed subdivision according to the procedures outlined in this bylaw”

• Building in a floodplainLimited

  Special flood hazard areas and river corridors in the Town of Burke, including any in West Burke village

  • New residential development, non-residential structures, storage/junkyards and accessory structures in the floodway are prohibited in hazard areas
  • Other development is reviewable under §505(3) and following (not read)

  “the following forms of development are prohibited in all hazard areas: a. new residential development”

• Permit processPublished

  Zoning permits in the Town of Burke, including West Burke village

  • Permitted uses need administrative review; non-single/two-unit uses also need site plan review
  • Conditional uses go to the Development Review Board after public notice and hearing
  • Details in Article 8 (not fully read)

  “permitted uses are uses that may be established by right and require, at a minimum, administrative review by the administrative officer.”

Rules another office applies inside Village of West Burke

Village of West Burke does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicState

  Wastewater systems and potable water supplies inside West Burke village, issued by the Vermont Agency of Natural Resources regional office (state rule applies statewide, including the village)

  • Soil-based systems under 6,500 gallons per day
  • Town bylaw says on-lot sewage systems are regulated by the Agency of Natural Resources

  “the regional office program of the dwgwpd issues wastewater system and potable water supply (ww) permits for soil based wastewater systems with flows less than 6,500 gallons per day”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of West Burke or Caledonia County directly.

• Building permit — Building permits in West Burke village (zoning permits covered under permit_process)
• Owner-builder exemption — Owner-builder exemption in West Burke village
• Building code adopted — Building code in West Burke village
• Inspections — Building inspections in West Burke village
• Minimum dwelling size — Minimum dwelling size in VMU district, West Burke village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.