Montpelier planning staff and commissioners spent most of the meeting on Part 1 of a proposed rewrite to the city’s zoning regulations, focusing on how development "triggers" permits, which activities should be exempted and how the design-review overlay should be structured.
Staff and commissioners said a recent appeal of a subdivision raised questions about how applicability is written. "One of the things they've argued is that we didn't do site plan review for the subdivision," staff said, and commissioners noted that the regulations should explicitly indicate when standards are "not applicable" rather than leaving procedural gaps that can be used to delay projects.
The commission discussed several specific items staff plans to redline and return with recommended language:
- Exemptions and applicability: staff and the commission discussed moving certain routine items (for example, normal maintenance and repair) into clearer exemption language and consolidating statutory exemptions (agriculture, forestry, utilities and telecommunications) with their statutory references so the regulations automatically reflect state law.
- Accessory structures and design review: staff proposed limiting the accessory-structure exemption for residential uses to properties with six units or fewer to avoid exempting large multiunit or commercial properties from screening or safety requirements. Commissioners debated whether small accessory structures (for example, under 100 sq ft) should require permits.
- Landscaping and outdoor lighting: commissioners discussed keeping relatively straightforward lumen and shielding requirements for lighting (staff said changing to a warm color often resolves neighbor complaints) and possibly assigning some landscape and lighting items to administrative review rather than hearings.
- Design‑review overlay and historic resources: staff noted the Design Review rules were substantially rewritten in 2020 and "are functioning a lot better than they used to," but commissioners asked whether some items (for example, solar photovoltaic installations on historic slate roofs) could be approved administratively if a professional sign-off accompanied the application. One commissioner commented, "Why make it harder to do something we want them to do? We'd love to have more solar." Staff said some installations require board review because of potential impacts on historic materials.
- Nonconforming structures: the commission noted that a 12‑month reconstruction window after damage may be too short in some cases and should allow more flexibility, for example when insurance, investigation or permitting delays occur.
Staff (Mike and Meredith) said they will produce a redline of Part 1 and bring it back to the commission; commissioners suggested dedicating a future meeting to the purpose and scope of the Design Review Overlay District and to consider consolidating or simplifying zoning districts (for example, merging similar residential districts and considering a new district for the commercial strip around Cumberland Farms/Dunkin' Donuts/Domino's).
The commission set a next meeting for Sept. 8 to continue work on Part 2 (zoning districts) and agreed staff will circulate the redline and, where possible, smaller Word or PDF excerpts to facilitate commissioner review.