Zoning, building permits and septic rules in Village of Derby Line, Vermont

Village of Derby Line’s own rules

• Building permitRequired

  Zoning permit for land development inside Derby Line village (this is the zoning permit, not a building-code permit)

  • Issued by the zoning administrator (administrative officer)
  • Exempt one- and two-family dwellings and agricultural uses are noted in §211 for site plan review
  • Permit valid 2 years; development must be substantially commenced in that period

  permit validity: 2 years

  “no land development may be commenced within the area affected by this bylaw without a permit issued by the administrative officer.”

• Certificate of occupancyLimited

  Buildings and uses inside Derby Line village

  • Not required for single-family or two-family dwellings outside the special flood hazard area, residential accessory structures or uses, and exempt agricultural structures
  • Required for change of use, change of tenancy (except multifamily), and new or substantially improved dwellings in the special flood hazard area

  “with the exception of single-family dwellings or two-family dwellings not within the special flood hazard area, residential accessory structures or uses, and exempt agricultural structures, a certificate of occupancy is required for:”

• Local zoningPresent

  Land inside Derby Line village, zoned by the Town of Derby zoning bylaw (§207 village of Derby Line districts VC/DL, VR-1/DL, VR-2/DL); no separate village zoning ordinance was found

  • Bylaw is adopted and administered by the Town of Derby, not by the village trustees
  • Bylaw states any use not permitted is deemed prohibited

  “any use not permitted by this bylaw shall be deemed prohibited.”

• Zoning districtsPublished

  Derby Line village districts VC/DL, VR-1/DL, VR-2/DL

  • Official zoning map is kept in the zoning administrator's office

  “the town of derby zoning map shows the division of the village of derby line into the following districts: "vc/dl" "vr-1/dl" "vr-2/dl"”

• Minimum lot sizeSpecified

  VR-1/DL Village Residential-One Derby Line district, inside Derby Line village

  • Class 1 and 2 lots (off-site water and sewer, or one of them on-site) 12,500 sq ft; class 3 lots (on-site water and sewer) 20,000 sq ft

  min lot area class 1&2: >= 12500 sq ft · min lot area class 3: >= 20000 sq ft · min lot width: >= 100 ft

  “1&2 12,500 100 100 30 20 25 3 20,000 100 100 30 20 25 accessory structures 30 10 10”

  One more reviewed finding on this topic

  • Specified — VR-2/DL Village Residential-Two Derby Line district, inside Derby Line village

    “1&2 12,500 100 100 10 10 10 3 20,000 100 100 10 10 10”

• SetbacksSpecified

  VR-1/DL district, inside Derby Line village (principal buildings)

  • Accessory structures have separate, smaller setbacks (table shows 30/10/10)

  front setback: >= 30 ft · side setback: >= 20 ft · rear setback: >= 25 ft

  “1&2 12,500 100 100 30 20 25 3 20,000 100 100 30 20 25 accessory structures 30 10 10”

  One more reviewed finding on this topic

  • Specified — VR-2/DL district, inside Derby Line village

    “1&2 12,500 100 100 10 10 10 3 20,000 100 100 10 10 10”

• Lot coverageSpecified

  VR-2/DL district, inside Derby Line village

  • Applies to all structures combined; VR-1/DL coverage limit not found

  max footprint coverage: <= 33.3 percent of lot area

  “the maximum footprint coverage of lots in this zone by all structures shall not exceed 33.3% of the total lot area.”

• Building heightSpecified

  VR-2/DL district, inside Derby Line village (VR-1/DL table also shows 35)

  max building height: <= 35 ft

  “3 20,000 100 100 10 10 10 17 maximum building height ft 35 35”

• Accessory dwellingsLimited

  Accessory dwelling units on owner-occupied single-family lots inside Derby Line village

  • Must be outside the special flood hazard area
  • Property must have sufficient wastewater capacity
  • Unit may not exceed 30 percent of habitable floor area of the single-family dwelling or 900 square feet, whichever is greater

  max ADU size: <= 900 sq ft (or 30% of habitable floor area, whichever is greater)

  “one accessory dwelling unit is allowed to be located within or appurtenant to an owner-occupied single-family dwelling provided it is located outside the special flood hazard area, as described in article 6 of this bylaw.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Derby Line village

  • Subdivision of land is a permitted use in the village districts; §701 subdivision review applies

  “d. filing of approved subdivision plan: a mylar of all approved subdivision plans, including boundary line adjustments, shall be filed with the town clerk within one hundred eighty (180) days of approval.”

• Building in a floodplainRequired

  Development in river corridors and special flood hazard areas inside Derby Line village

  • Some uses need only an administrative permit, others DRB review; see article 6 summary table

  “a permit is required from the administrative officer for all development that is located within the river corridor except as provided in §604.3(a).”

• Permit feesVariable (with conditions)

  Zoning permit fees inside Derby Line village

  • Amounts are not stated in the bylaw; fee schedule not located

  “904.11 fees for zoning permits shall be set by the selectboard.”

• Permit processPartial

  Zoning permit process inside Derby Line village

  • Conditional uses and site plan review go to the Development Review Board after public notice and hearing
  • Permit is recorded with the Derby town clerk within 30 days of issuance

  “904.9 within thirty (30) days of the issuance of a zoning permit, the administrative officer shall deliver the original, a legible copy, or a notice of the permit to the derby town clerk for recording in the town of derby land records.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Derby Line or Orleans County directly.

• Owner-builder exemption — Owner-builder exemption inside Derby Line village
• Building code adopted — Building code inside Derby Line village
• Inspections — Building inspections inside Derby Line village
• Minimum dwelling size — Minimum dwelling size inside Derby Line village
• Living in an RV — RV occupancy inside Derby Line 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.