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Performance Standards

Edward F. Iwanicki

Published 1979 in Journal of MultiDisciplinary Evaluation

ABSTRACT

21-1 Overview O of the primary purposes of zoning regulation is to prevent one land use from adversely affecting adjacent or nearby uses. Zoning has traditionally done this by controlling the location, density, and intensity of land use. Some types of nuisances, hazards, or pollutants, however—such as noise and odor—are more ubiquitous and not necessarily unique to a specific use. Instead of precluding uses that may result in objectionable or dangerous emissions, or requiring unrealistically large lots to isolate impacts and buffer adjoining properties, it’s often more effective to control potential problems at the source. This can be done by regulating the operation or “performance” of a use through performance standards applied under zoning, or under separately adopted nuisance ordinances. Chapter 117 authorizes Vermont municipalities to include performance standards in their zoning regulations (§4414[5]). It also specifies that adopted standards describe acceptable levels of performance or operation that will prevent adverse effects from the emission of a variety of “dangerous or objectionable elements.” Performance standards are optional—communities may choose to address one or more of the listed nuisances or hazards, or others as appropriate, in relation to allowed uses. The important thing is that the standards be clear, realistic, and measurable or otherwise enforceable. Chapter 117 also enables “performance-based zoning,” which, rather than specifying the types of development that are allowed by district, sets forth performance-based criteria that any development within a district must meet. This is considered a more flexible type of zoning that focuses on the regulation of impacts rather than use. To date, many Vermont municipalities have incorporated performance standards under their regulations, but no communities have adopted performance-based zoning.

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