Sections
§ 1001 Short title
§ 1002 Airport zoning commission
§ 1003 Joint zoning board; powers
§ 1004 Zoning regulations generally
§ 1005 Incorporation in comprehensive zoning regulations
§ 1006 Conflict with other regulations
§ 1007 Adoption or amendment of airport zoning regulations
§ 1008 Record and notice of regulations
§ 1009 Nature of regulations
§ 1010 Existing nonconforming use
§ 1011 Permits as to structures
§ 1012 Variance from regulations
§ 1013 Conditional permit or variance
§ 1014 Administrative agency
§ 1015 Appeals to board of adjustment
§ 1016 Powers of board of adjustment
§ 1017 Appeals to Superior Court
§ 1018 Violations
§ 1019 Condemnation, appeals
§ 1020 Penalties

Terms Used In Vermont Statutes > Title 5 > Chapter 17

  • Administrator: means an individual licensed under this chapter the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public school system or public school program. See
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agency of Education: means the Secretary and staff necessary to carry out the functions of the Agency. See
  • Air navigation: means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State. See
  • Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, which is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
  • Airport hazard: means a structure, object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off. See
  • Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this Part. See
  • Alcohol: means the product of distillation, fermentation, or chemical synthesis, including alcoholic beverages, ethyl alcohol, and nonpotable alcohol. See
  • Alcoholic beverages: means malt beverages, vinous beverages, spirits, and fortified wines. See
  • Allegation: something that someone says happened.
  • Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
  • Applicant: means an individual applying for a license. See
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • approved education program: includes an "approved teen parent education program. See
  • Approved independent school: means an independent school that is approved under section 166 of this title. See
  • Articles of incorporation: include amended and restated articles of incorporation, articles of merger, and special charters. See
  • Articulation agreement: means a written agreement between a secondary school and a postsecondary institution or registered apprenticeship program specifying the responsibilities for each party to the agreement with respect to student apprentices working towards completion of a registered apprenticeship program or a postsecondary degree. See
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
  • Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
  • Boat: means a vessel suitably equipped and operated for the transportation of passengers in interstate commerce. See
  • Bullying: means any overt act or combination of acts, including an act conducted by electronic means, directed against a student by another student or group of students and that:

  • Club: means an unincorporated association or a corporation authorized to do business in this State that has been in existence for at least two consecutive years prior to the date of application for a license under this title and owns, hires, or leases a building or space in a building that is suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and contains suitable and adequate kitchen and dining room space and equipment implements and facilities. See
  • Commissioner of Liquor and Lottery: means the executive officer of the Board of Liquor and Lottery appointed under the provisions of chapter 5 of this title. See
  • Conspicuous: means so written that a reasonable person against whom the writing is to operate should notice it. See
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control commissioners: means the commissioners of a municipality appointed under section 166 of this title. See
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Criminal record: means the record of:

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and electronic transmission. See
  • Department: means the Department of Liquor and Lottery. See
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Dining car: means a railroad car on which meals are prepared and served. See
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See
  • Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
  • Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
  • domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this title. See
  • Educational institution: means a Vermont public or independent school, or a postsecondary school which offers or operates a program of college or professional education for credit or a degree in Vermont. See
  • Educator: means any teacher or administrator requiring a license under this chapter. See
  • Electorate: means the qualified voters in a school district voting at a properly warned school district meeting. See
  • Elementary education: means a program of public school education adapted to the needs of students in prekindergarten, kindergarten, and the first six grades. See
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: includes an officer but not a director. See
  • Endorsement: means the grade level and field in which an educator is authorized to serve. See
  • Entity: includes corporation and foreign corporation; not-for-profit corporation; profit and not-for-profit unincorporated association; business trust, estate, partnership, trust, and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • First-class license: means a license permitting the licensee to sell malt and vinous beverages to the public for consumption only on the premises for which the license is granted. See
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this State. See
  • Fortified wine permit: means a permit granted to a second-class licensee that permits the licensee to export and sell fortified wines to the public for consumption off the licensed premises. See
  • Fortified wines: means vinous beverages, including those to which spirits have been added during manufacture, containing at least 16 percent alcohol but not more than 23 percent alcohol by volume at 60 degrees Fahrenheit, and all vermouths containing not more than 23 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Fourth-class license: means a license permitting a licensed manufacturer or rectifier to sell by the unopened container and distribute by the glass, with or without charge, beverages manufactured by the licensee. See
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grades: means the division of the educational work of the public schools into 13 school year units beginning with kindergarten and thereafter numbered from one to 12 beginning with the lowest. See
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Harassment: includes conduct that violates subdivision (A) of this subdivision (26) and constitutes one or more of the following:

  • Hazing: means any act committed by a person, whether individually or in concert with others, against a student in connection with pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution; and that is intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of a student. See
  • Hearing panel: means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses. See
  • Independent school: means a school other than a public school, which provides a program of elementary or secondary education, or both. See
  • independent school meeting education quality standards: means an independent school in Vermont that undergoes the education quality standards process and meets the requirements of subsection 165(b) of this title. See
  • Individual: includes the estate of an individual who is incompetent or deceased. See
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Keg: means a reusable container capable of holding at least five gallons of malt beverage or at least two-and-one-half gallons of vinous beverage. See
  • Kindergarten: means an educational program for children of one year adapted to the needs of students who will attend first grade the following year. See
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license to engage in teaching or school administration, as the context requires, in the State and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses. See
  • Licensee: means an individual licensed under this chapter. See
  • Licensing action: means action that suspends, revokes, limits, or conditions licensure or certification in any way and includes warnings, reprimands, probation, and administrative penalties. See
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Malt beverages: means all fermented beverages of any name or description manufactured for sale from malt, wholly or in part, or from any substitute therefor, known as, among other things, beer, ale, or lager, containing not less than one percent nor more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Media adviser: means an individual employed, appointed, or designated by a school or its governing body to supervise or provide instruction relating to school-sponsored media. See
  • Meeting: means any structured communications conducted by participants in person or through the use of electronic or telecommunications medium permitting simultaneous or sequentially structured communications for the purpose of reaching a collective agreement. See
  • Minor: means an individual who has not attained 21 years of age. See
  • Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Oath: shall include affirmation where by law an affirmation may be substituted. See
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office within the Agency responsible for professional standards and educator licensing. See
  • Organization: means a fraternity, sorority, athletic team, association, corporation, order, society, corps, cooperative, club, or other similar group, whose members primarily are students at an educational institution, and which is affiliated with the educational institution. See
  • Outside consumption permit: means a permit granted by the Division of Liquor Control allowing the holder of a first-class, first- and third-class, or fourth-class license to allow for consumption of alcoholic beverages in a delineated outside area. See
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Periodic released time: means time, occurring at least once weekly, during which public school students are released from school to attend religious education courses sponsored by and given under the authority of a religious group. See
  • Periodic released time religious education course: means a course offered by a religious group during periodic released time. See
  • Person: includes individual and entity. See
  • Personal estate: shall include all property other than real estate. See
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pledging: means any action or activity related to becoming a member of an organization. See
  • Political subdivision: means any county, city, town, or other municipality. See
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • prekindergarten education: means services designed to provide developmentally appropriate early development and learning experiences based on Vermont's early learning standards to children who are three to four years of age and to five-year-old children who are not eligible for or enrolled in kindergarten. See
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the office (in or outside this State) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public school: means an elementary school or secondary school operated by a school district. See
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record date: means the date established under chapter 6 or 7 of this title on which a corporation determines the identity of shareholders and their shareholdings for purposes of this title. See
  • Registered apprenticeship: means an apprenticeship or on the job training program registered by the State Apprenticeship Council under 21 V. See
  • Religious group: means any association of persons for religious purposes, including any organization of religious denominations, communions, or traditions. See
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Retail dealer: means any person who sells or furnishes malt or vinous beverages to the public. See
  • Retail delivery permit: means a permit granted by the Division of Liquor Control that permits a second-class licensee to deliver malt beverages and vinous beverages sold from the licensed premises for consumption off the premises to an individual who is 21 years of age or older at a physical address in Vermont. See
  • said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
  • Sampler flight: means a flight, ski, paddle, or any similar device by design or name intended to hold alcoholic beverage samples for the purpose of comparison. See
  • School: means a public school operating in the State. See
  • School board: means the board of school directors of a school district or its equivalent in any independent school. See
  • School board: means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores. See
  • School district: means , unless the context otherwise clearly requires, a school district or a supervisory union. See
  • School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
  • School district meeting: means a duly warned meeting of a school district at which questions are presented to the electorate. See
  • School officers: shall include all persons, other than teachers, who have to do with matters pertaining to public schools. See
  • School year: means the year beginning July 1 and ending the next June 30. See
  • School-sponsored media: means any material that is prepared, written, published, or broadcast as part of a school-supported program or activity by a student journalist and is distributed or generally made available as part of a school-supported program or activity to an audience beyond the classroom in which the material is produced. See
  • seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
  • Second-class license: means a license permitting the licensee to export and to sell malt beverages and vinous beverages to the public for consumption off the premises for which the license is granted. See
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under subsection 8. See
  • Secretary: means the Secretary of Education. See
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or upon presentation for registration are entitled to be registered in the records of a corporation. See
  • signature: includes any manual, facsimile, conformed, or electronic signature. See
  • Spirits: means beverages that contain more than one percent alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; vinous beverages containing more than 23 percent alcohol; and malt beverages containing more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Standards Board: means the Vermont Standards Board for Professional Educators established under section 1693 of this title. See
  • State Board: means the State Board of Education established by chapter 3 of this title. See
  • Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See
  • Student: means any person who:

  • Student apprentice: means an individual, enrolled in a school, who is participating in a student apprenticeship program approved by the regional advisory board and who is employed in accordance with the federal Fair Labor Standards Act. See
  • Student apprenticeship program: means a skill-based education program that coordinates and integrates classroom instruction with a structured, work-based learning experience. See
  • Student journalist: means a student enrolled at a school who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
  • Supervisory district: means a supervisory union that consists of only one school district, which may be a unified union district. See
  • Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
  • sworn: shall include affirmed. See
  • Teacher: means an individual licensed under this chapter the majority of whose employed time in a public school district or supervisory union is assigned to furnish to students direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board. See
  • Third-class license: means a license granted by the Board of Liquor and Lottery permitting the licensee to sell spirits and fortified wines for consumption only on the premises for which the license is granted. See
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Trustee: A person or institution holding and administering property in trust.
  • Tutorial program: means education provided to a student who is placed in a short-term program for evaluation and treatment purposes. See
  • United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See
  • Unsupervised: means not in the presence of a responsible adult in the employ of or under the direction of the independent school or school district. See
  • User agreement: means an agreement between the Vermont Crime Information Center and a party requesting and receiving criminal record information that requires the party to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal record information and the protection of individual privacy. See
  • Venue: The geographical location in which a case is tried.
  • Vinous beverages: means all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit. See
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.