Article 9 Use-Related Standards

Accessory dwelling units. (Reserved)

Home based businesses. Home based businesses shall be permitted in accordance with the following requirements:

Minor home based businesses shall be permitted in any conforming residential dwelling, including condominiums and multifamily developments, in Use Districts R-10, R-15, R-22, R-27, R-40, MHP, PRD, and C; PND, NR-10, and RC; and DBR upon issuance of a zoning permit in accordance with the following requirements:

(a)

The home based business shall not occupy more than 25% of the habitable floor area of the dwelling and shall be conducted entirely within the principal dwelling;

(b)

The home based business shall not change the exterior residential character of the dwelling, building, or premises in any manner and shall not rely on a separate exterior entrance for exclusive access to the business space;

(c)

No person other than resident(s) of the dwelling shall be employed on the premises in the conduct of the business;

(d)

The home based business shall not generate any customer traffic to the dwelling or the premises;

(e)

Deliveries of goods to the home based business shall be limited to passenger vehicles, mail carriers, and express carriers using step vans; deliveries shall be limited to the hours between 8:00 am and 6:00 p.m.;

(f)

No parking shall be established beyond the normal parking demands for residential use of the premises in accordance with § 30-10.5A(7);

(g)

The home based business shall not display or advertise on the premises any commodity or service for purchase, except that signage identifying the business shall be permitted in accordance with § 30-10.4B(1);

(h)

No materials, products, or equipment for the home based business shall be stored outside of the space designated for the business in Subsection B(1)(a), above;

(i)

The home based business shall not create any noise, odor, dust, vibrations, smoke, gas fumes, radiation, electromagnetic interference, unusual lighting, or unsightly conditions on the premises discernible at the property lines; use and storage of hazardous materials in excess of quantities permitted in residential structures shall not be permitted;

(j)

No commercial vehicles shall be parked or stored on the premises except as provided in § 30-10.5C(11);

(k)

A home based business, if granted a zoning permit, shall not constitute a vested right in the property; discontinuance of the business by virtue of property conveyance or other action shall extinguish the permit;

(l)

The granting of a zoning permit for a home based business shall entitle the Zoning Enforcement Officer to make inspections of the home based business at least annually to verify compliance with the provisions of the permit; such inspections shall be performed during normal business hours by arrangement with the operator of the business.

(2)

Major - Type 1 home based businesses shall be permitted on conforming parcels and within conforming structures in Use Districts R-10, R-15, R-22, R-27, R-40, MHP, PRD, and C; PND, NR-10, and RC; and DBR upon approval of a site plan in accordance with § 30-13.2, Site plan review, and the following requirements:

(a)

The home based business shall not occupy more than 750 sq. ft. of floor area within the dwelling and/or within an accessory building on the premises; the floor area(s) intended for such use shall be indicated on floor plan(s) bearing room dimensions and floor areas and on the site plan;

(b)

The home based business shall not change the exterior residential character of the dwelling or premises in any manner except that:

[1]

A separate exterior entrance may be installed for exclusive access to the business space, and

[2]

An area may be established for the parking of commercial vehicles used in the business and employees vehicles, as limited in § 30-9.1B(2)(e), below;

(c)

Not more than two persons other than resident(s) of the dwelling may be employed on the premises or start and finish their workday from the premises in the conduct of the business;

(d)

The home based business shall not be of a nature that relies on or generates customer traffic to the dwelling or the premises;

(e)

No commercial vehicles shall be parked or stored on the premises except as provided in § 30-10.5C(11);

[1]

Parking shall be provided for nonresident employees, if any, in addition to the normal parking demands for residential use of the premises; off-street parking for residential and home based business use of the premises shall be in accordance with the requirements of § 30-10.5A(7) and (9);

[2]

All parking of vehicles used by the home based business shall be located in the side or rear yard or, for a corner lot, in the innermost quadrant of the property, and shall be screened with fencing and/or vegetation of sufficient height and opacity to prevent viewing from neighboring properties and the street; parking for the home based business shall be shown on the site plan;

(f)

(g)

No materials, products, equipment, or machinery used in the operation of the home based business shall be stored or operated on the premises outside of the space designated for the business in Subsection B(2)(a), above;

(h)

The home based business shall not create any noise, odor, dust, vibrations, smoke, gas fumes, radiation, electromagnetic interference, unusual lighting, or unsightly conditions on the premises;

(i)

The following businesses shall not be permitted as a home based business:

[1]

Repair and servicing of vehicles or heavy equipment;

[2]

Manufacturing, except that which can reasonably be conducted in a home workshop or at a "kitchen table," such as computer assembly;

[3]

Machine shop;

[4]

Landscaping services;

(j)

The Commission, in granting site plan approval for a home based business, may attach reasonable conditions with respect to hours of operation, deliveries and shipping, external lighting, landscaping and visual screening, means of access for pedestrian and vehicles, and environmental safeguards, both physical and operational.

(k)

A home based business, if granted a zoning permit with site plan approval, shall not constitute a vested right in the property; discontinuance of the business by virtue of property conveyance or other action shall extinguish the permit.

(l)

The granting of site plan approval for a home based business entitles the Zoning Enforcement Officer to make inspections of the home based business at least annually to verify compliance with the provisions of the permit; such inspections shall be performed during normal business hours or by arrangement with the operator of the business.

(3)

Major - Type 2 home based businesses shall be permitted on conforming parcels and within conforming structures in Use Districts R-10, R-15, R-22, R-27, R-40, MHP, PRD, and C; PND, NR-10, and RC; and DBR upon approval of a special permit and site plan in accordance with § 30-13.2, Site plan review; and § 30-13.3, Special permits, and the following requirements:

(a)

Requirements listed for Major - Type 1 home based businesses under Subsection B(2)(a) through (c) and (f) through (j) shall be applicable to Major - Type 2 home based businesses;

(b)

With approval of a special permit and a site plan by the Commission, the home based business may be of a nature that relies on or generates customer traffic to the dwelling or the premises; the Commission may restrict the number of customers that patronize the home based business on a daily basis;

(c)

No commercial vehicles shall be parked or stored on the premises except as provided in § 30-10.5C(11);

[1]

Parking shall be provided for nonresident employees, if any, and patrons in addition to the normal parking demands for residential use of the premises; off-street parking for residential and home based business use of the premises shall be in accordance with the requirements of § 30-10.5A(7) and (9);

[2]

(d)

The Commission, in granting a special permit with site plan approval for a home based business, may attach reasonable conditions with respect to hours of operation, deliveries and shipping, external lighting, landscaping and visual screening, means of access for pedestrian and vehicles, and environmental safeguards, both physical and operational; the Commission may limit the duration of the special permit to a period of one or more years and require its renewal at such intervals as the Commission deems appropriate.

(e)

A home based business, if granted a special permit with site plan approval, shall not be changed to another home based business without approval by the Commission of a new special permit and site plan therefor.

(f)

The granting of a special permit with site plan approval for a home based business entitles the Zoning Enforcement Officer to make inspections of the home based business at least annually to verify compliance with the provisions of the permit; such inspections shall be performed during normal business hours or by arrangement with the operator of the business.

Minimum floor areas.

(1)

Requirements. Minimum floor area requirements; a building permit shall not be issued for any building that does not conform to the following:

(a)

Multi-family dwelling units shall have not less than the following footage of living quarters:

[1]

For one-bedroom units: 550 square feet.

[2]

For each additional bedroom over one: 125 square feet.

(b)

Two-family dwellings.

[1]

Newly constructed two-family dwellings shall have a minimum floor are of 700 square feet per unit for single level structures and a minimum floor area of 775 square feet per unit for multi-level structures. Existing structures, which are converted to two-family dwellings, shall contain a minimum floor area of 650 square feet per dwelling unit containing one bedroom. A unit containing more than one bedroom shall provide 125 square feet for each additional bedroom.

[2]

No single-family structure shall be converted to a two-family structure if additions to the existing building are required to meet the above square footage requirements. Where an existing single-family dwelling is converted to a two-family, the external appearance and general characteristics of the building as a single-family shall be preserved.

[3]

Each individual dwelling unit must be individually metered for all utility services and must be served by public water and sewers.

Outdoor wood burning furnaces. As allowed by special permit in §§ 30-3.1I through M and 30-3.2D and E, and regulated by CGS 22a-174k, Outdoor Wood Burning Furnaces (OWF) must operate only on wood that has not been chemically treated; must be located not less than 200 feet from the nearest residence not being served by the unit; and must have a chimney that is more than the height of the roof peaks of residences located within 500 feet of the OWF, provided the chimney height is not more than 55 feet. Prior to the installation of an OWF, the applicant shall submit to the Town of Vernon Zoning Enforcement Officer a map drawn by a licensed land survey or professional engineer showing vertical and horizontal measurements to all residences within the 500-foot radius required by law in order to demonstrate compliance with CGS 22a-174k.

Radio and television masts and towers in residential zones. Any mast or tower in excess of 50 feet in height in a residential zone or any mast or tower permitted by variance or pre-existing use to be operated for financial gain in a residential zone shall be subject to approval of a Special permit by the Vernon Planning and Zoning Commission.

Storage of trailers and boats.

(1)

During the period from November 1 to and including March 31 (the seasonal storage period), camp trailers, utility trailers, travel trailers, recreational vehicles, boat trailers, and boats owned by the occupant of the premises zoned for residential use shall be stored behind the plane of the front wall of the principal dwelling and not in the required side or rear yards, notwithstanding the presence of a driveway within a side or rear yard, and shall not be inhabited for sleeping purposes.

(2)

If there is inadequate space at the side or rear of the dwelling to seasonally store a trailer, boat, or recreational vehicle without encroaching on the required side or rear yard, a zoning permit shall first be obtained from the Zoning Enforcement Officer before any trailer, boat, or recreational vehicle may be seasonally stored in a required side or rear yard.

(3)

To accommodate seasonal storage a surface shall be established in accordance with § 30-10.1N sufficient to envelope the trailer, recreational vehicle, and/or boat a minimum of one foot beyond the largest dimensions of the trailer, recreational vehicle, and/or boat. All open portions of boats and trailers shall be covered to prevent entry during periods of seasonal storage.

(4)

During the period from April 1 to and including October 31, trailers, boats, and recreational vehicles may be parked in an established driveway on the property occupied by the owner(s) of the trailer, boat, or recreational vehicle, provided no part of such trailer, boat, or recreational vehicle shall extend over a property line or violate § 30-10.1F of these regulations. The parking of any such trailer, boat, or recreational vehicle before or after these dates shall require the issuance of a zoning permit by the Zoning Enforcement Officer.

Swimming pools. Swimming pools are permitted as any accessory use in residential districts subject to Section 429.83 of the State of Connecticut Basic Building Code.

Professional office when located in the same building as a private residence. Not more than two persons shall be engaged in such activity. Such offices shall not alter the essential residential character of the property. In the case of conversion of existing residential structures, said conversation shall not alter the residential character of the exterior of the building or increase the existing floor area of the building.

Professional office when located in the same building as a private residence. Not more than two persons shall be engaged in such activity. Such offices shall not alter the essential residential character of the property. In the case of conversion of existing residential structures, said conversion shall not alter the residential character of the exterior of the building or increase the existing floor area of the building.

Professional office when located in the same building used by the person as his private residence; not more than two persons shall be engaged in such activity. Such offices shall not alter the essential residential character of the property. In the case of conversion of existing residential structures, said conversion shall not alter the residential character of the exterior of the building or increase the existing floor area of the building.

§ 30-9.2 Commercial and industrial uses.

[Amended 5-27-2025]

Re-use, adaptive.

(1)

Adaptive Re-Use of Mill Buildings. An Adaptive Re-use proposal, as defined in § 30-2.1, may be approved by special permit for the redevelopment of an existing obsolete mill or former mill building or complex or building that is either (1) recorded as an architecturally or historically significant site or structure in the National Registry of Historic Places or (2) has been designated as an architecturally or historically significant site or structure by the Connecticut State Office of Historic Preservation or (3) is a structure constructed no later than 1910 which contains a minimum of 5,000 square feet (5,000 sf) of gross floor area, excluding attics, basements and porches, located in the Town of Vernon Historical Districts as shown on a map entitled "Town of Vernon Historical District and Properties" created by the Town of Vernon GIS Department and Community/Economic Development (CED) Coordinator, dated January 2009 that requires remediation, redevelopment, rehabilitation, renovation, modernization, and/or conversion based upon a comprehensive site plan to accommodate a change of use, which may include mixed-use, that is designed in relation to the unique characteristics of the site and structure(s) in order to preserve the historically significant structure or site or to prevent the deterioration or destruction of the site or structure due to functional obsolescence. The special permit for Adaptive Re-use may be granted for a use or combination of uses based upon an approved site plan of development, architectural plans, and specific uses of buildings and activities within buildings to assure the preservation of the property and the successful re-use of the site and structures without conflicts of uses within the complex or with the surrounding area.

(2)

Adaptive re-use of hotel/motel.

(a)

An Adaptive Re-Use proposal, as defined in § 30-2.1, may be approved by Special Permit for the conversion and redevelopment of existing hotels/motels to multifamily apartment use provided the hotel/motel has been in operation for at least 50 years; and

(b)

The structural integrity of the hotel/motel has become significantly deteriorated or obsolete; and

(c)

The property is directly adjacent to an existing residential zone.

(3)

A Special Permit for Adaptive Re-Use pursuant to this section shall be accompanied by a final plan of development, containing all information required in § 30-13.2, and architectural plans. A Special Permit may be approved by the Commission if it is found to comply with the following:

(a)

The requirements contained in § 30-13.3; and

(b)

Public sanitary sewer and public water is available to the site; and

(c)

Any new buildings or additions/renovations to existing buildings shall comply with the height and setback requirements for the zone in which the property is located; and

(d)

All private roadways, driveways and parking areas shall be designed to facilitate safe traffic circulation and access by emergency vehicles; and

(e)

Fire lanes and/or fire hydrants shall be provided as required by the Fire Marshal's Office.

(f)

There shall be provided on the site one vehicle parking space for each one-bedroom unit and two vehicle parking spaces for each residential unit containing two or more bedrooms.

(g)

The site shall be designed with adequate landscaping or screening to provide visual screening of all residential parking areas and residential building perimeters from adjacent non-residential uses.

(h)

Facilities for the storage of refuse and garbage shall be located in such a manner as to make the facilities inconspicuous to the general public view with suitable materials to harmonize with the building. Such materials may include, but not be limited to, fencing and plantings.

(i)

An area equal to not less than 20% of the gross residential floor area shall be developed for livability space, which is that space appropriately improved and located within the site as outdoor living space for residents and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, and the areas accessible from them, paved terraces and sitting areas, outdoor recreation areas and patios. Space provided on decks may also be counted toward the livability space requirement.

(j)

Weather proof, lockable storage space will be provided for each dwelling unit. Such storage space shall be in addition to that ordinarily contained within a unit such as cabinets, pantries and clothes closets. Such space will not be counted in computing the residential floor area for the dwelling unit. Such space may be located in an area separated from the dwelling unit, but at a minimum located within or adjacent to the building in which the dwelling unit is contained.

(4)

Adaptive reuse of nursing homes. (Reserved)

Drive-up service windows. Approval of a drive-up service window, in zoning districts in which allowed, requires approval of both a Site Plan of development and Special Permit by the Planning and Zoning Commission (PZC) and may not be approved administratively as a "Minor Modification."

Dumps and incinerator sites.

(1)

Conditions for operation. Landfill-type dumps or areas for incinerator sites for refuse disposal when owned, operated or under control of the Town of Vernon or a non-profit refuse disposal district of corporation, are permitted in any zone district subject to the following conditions:

(a)

The decision of the Planning and Zoning Commission should be made in accordance with the provisions of § 30-13.3, Special permits.

(b)

The site and method of operation has been approved by the Planning and Zoning Commission of the Town of Vernon after a public hearing.

A non independent massage area or establishment: In order to grant a Special Permit, the PZC must find the following:

(1)

All massage services must be carried out in clearly marked rooms within the establishment, and such rooms shall provide privacy to the patron while allowing for the capability to inspect all activity within the room for the purposes of determining that the provisions of these regulations are complied with. Such rooms shall be provided with continuous white lighting, which shall remain on at all time that such room is in use, and sufficient to light the entire room.

(2)

For all massage therapists who will be employed in the establishment, evidence of a valid license from the State of Connecticut must be presented to the PZC.

(3)

A massage area or establishment shall not constitute the principle use of any business or building but shall be strictly an accessory use to another business contained in said building.

(4)

The massage area shall not occupy more than 10% of the gross floor area of the business to which it (the massage area) is an accessory use.

Mixed residential/commercial uses where the current use of the property is residential and less than 50% of the structure will continue to be used residentially.

Temporary or seasonal outdoor dining. Nothing in these regulations shall prohibit temporary or seasonal outdoor dining, including licensed mobile food vendors, as an accessory use to any lawfully existing food service establishment or, in the case of a mobile food vendor, a lawfully existing commercial establishment subject to the issuance of an administrative zoning permit and upon demonstration of compliance with the following conditions:

(1)

Location. Outdoor dining may be located anywhere on the parcel (including the parking lot) or on an adjacent properly zoned vacant parcel.

(2)

Required yards. Outdoor dining is permitted in any required yard, except in cases where the outdoor dining is located in a required yard which abuts a residential district; or when permanent structures are proposed.

(3)

Access. Outdoor dining areas shall not impede handicapped accessible parking spaces, entrances, or routes. All areas designated for outdoor dining shall not impede emergency access or site circulation.

(4)

Parking. Outdoor dining shall not be included in the parking calculation, however, adequate parking must be demonstrated and maintained.

(5)

Enclosures. For outdoor dining in a parking lot, adjacent to, or where vehicular conflicts are present, a safety barrier, approved by the Fire Marshal, shall be installed. The safety barrier shall be constructed of heavy planters with vegetation, or other alternative of equal design quality, when visible from the public right-of-way.

(6)

Seasonality. All tables, chairs, trash receptacles, barriers, etc., shall be removed at the end of each outdoor dining season.

(7)

Lighting. All outdoor lighting shall be depicted on the proposed site plan. Glare falling outside the outdoor dining area is prohibited.

(8)

Application process. A temporary outdoor dining and activity application, submitted to the Planning and Zoning Department, is required on annual basis and shall be effective March 1 of each year.

(9)

Permanent structures. If permanent structures are proposed, such as decking or canopies, the minor modification site plan process is required.

(10)

Other permits. Nothing herein shall preempt State Fire Codes or Building Code requirements, as applicable. Other permits may be required. An annual inspection is required.

(11)

Signage. There shall be no exterior signage advertising the outdoor dining or the mobile food vendor that is not part of the primary use.

(12)

Trash disposal. A trash disposal and litter control plan is required to be submitted at time of application.

(13)

Application. A completed application for outdoor dining shall consist, at a minimum, of the following:

(a)

Zoning Application Form.

(b)

A written narrative which includes information regarding the planned use of the outdoor area, proposed plans for litter control, hours of operation, and seasonal start and end dates.

(c)

Site plan, including sufficient detail for the decisionmaking body to determine compliance with these regulations, which depicts the following:

[1]

Site location.

[2]

Floor plan/layout of outdoor area.

[3]

Number of tables and/or seats.

[4]

Location(s) of ingress/egress for pedestrians and vehicles.

(d)

Written authorization of the proposed activity from the property owner of record.

(e)

Written approval or proof of application submission from the Health Department.

(14)

Alcohol. Outdoor entertainment and/or the consumption of alcohol only outdoors shall not be considered an allowable accessory use as of right and shall require the issuance of a special use permit as required by these regulations.

Permanent shipping/cargo storage container. Permanent Shipping/cargo storage containers may only be located on a lot in the Industrial zone subject to the following restrictions:

(1)

Shipping/cargo containers shall be permitted in Industrial Zone as storage units upon approval of a site plan in accordance with § 30-13.2, Site plan review, and the following requirements:

(a)

The container shall be an ancillary use to the main business in an Industrial zone and the primary use must be established before storage may commence.

(b)

The container shall be placed in the least conspicuous location available to minimize disturbance to any adjoining properties; must be screened from the public right-of-way and adjoining use districts through the use of trees, a continuous hedge, or opaque fencing if the former are not feasible. The containers cannot be stacked upon each other or elevated by a substructure. They must be placed directly on even grade.

(c)

The storage areas must conform to the minimum setback regulations of the zone.

(d)

The storage unit cannot exceed 40 feet in length or three 320 square feet per container.

(e)

There shall be a maximum of one shipping/cargo container per 4,000 square feet of floor space.

(f)

It shall be the obligation of the owner or user of such structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure.

(g)

The storage structure must not contain any electrical, plumbing or mechanical work and is not to be used to store hazardous materials.

(h)

The container cannot include any sign or advertising and must be painted and maintained in a continuous, solid, neutral color.

(i)

Nothing shall be stored on top of the unit and the area surrounding the container must remain free from weeds and debris.

(j)

The use of any shipping/cargo containers as storage units shall comply with the provisions of this article within one year from the adoption of same.

(k)

Should the shipping/cargo container storage unit not comply with all of the above conditions the Zoning Enforcement Officer may upon inspection consider the unit a violation of Zoning Ordinance and proceed with enforcement actions which could result in the removal of the unit from the site at the expense of the owner.

Roadside selling. The sale of commodities or goods, but not services, which takes place out of the public right-of-way in an area immediately adjacent to the right-of-way and within the required setbacks on a property.

(1)

Roadside selling activities may not violate § 30-10.1F of these regulations.

(2)

Roadside selling is permitted in all zoning districts by special exception from the Zoning Board of Appeals except as outlined in §§ 30-4.1A through I; 30-4.2; 30-4.3; 30-4.5; 30-9.2D, E and I; and 30-6.3. Homegrown vegetables may be sold without a special exception.

(3)

The seller of the goods or commodities shall be the owner of the property or have a lease from the property owner of at least 30 days duration.

(4)

Carnivals, temporary alcoholic beverages sales and similar events shall be considered roadside selling and are subject to the provisions of § 30-9.2H.

(5)

The total area involved in any roadside selling activity shall not exceed 200 square feet.

Multi-story, climate controlled indoor self-storage building, provided all services are contained within the building, the building contains at least 50,000 sq. ft. of floor area, the building exterior is designed with architectural styling and fenestration, and no more than six overhead loading doors are visible from the public street(s) on which the building and lot front unless screened from view. Building height is subject to the provisions of § 30-4.1C(13)(g) of these regulations.

§ 30-9.3 Other accessory uses.

Accessory building.

(1)

Not for motor vehicles. Accessory buildings, as defined in § 30-2.1, that are not for the parking, storage, repair, or maintenance of motor vehicles are permitted on the same parcel as the permitted use, provided they are not located within the required yards, do not exceed the building height requirement of the zoning district, do not exceed 400 square feet in floor area, are not used for human habitation or housing of animals, and otherwise comply with the Zoning Regulations.

(2)

For Motor Vehicles. Accessory buildings, as defined in § 30-2.1, that are designed to be used for motor vehicle (including motor cycle) parking or storage with entrance/exit ways able to accommodate an average size passenger car, but are not used for the repair of motor vehicles, are permitted on the same parcel as the permitted use, provided they are not located within the required yards, do not exceed the building height requirements of the zoning district.

(3)

Lawn and garden equipment used for the maintenance of the property on which the accessory building is located are not considered motor vehicles as Zoning Regulation § 30-9.3A(2) applies to the use of accessory buildings.

Accessory uses. Accessory uses, as defined in § 30-2.1, are permitted on the same parcel as the permitted use, provided they are not located within the required yards and otherwise comply with the Zoning Regulations.

Charitable donation collection bins. Donated items steel or similar storage containers (hereinafter referred to in this section as "bins") are prohibited in the Town of Vernon with the following exceptions:

(1)

Registered nonprofit organizations are permitted to place used clothing bins on nonresidential property in accordance with the following:

(a)

Bins shall not obstruct pedestrian or vehicular circulation, nor be located in public rights-of-way, required building setbacks, landscape areas, drive aisles, required parking spaces, fire lanes, loading zones, buffers or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses.

(b)

The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.

(c)

Each bin shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.

(d)

Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing being strewn about the surrounding area.

(e)

Each bin shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti. The permittee shall maintain or cause to be maintained the area surrounding the bin free of any junk, garbage, trash, debris or other refuse material.

(f)

Each bin shall be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the bin, the entity responsible for maintenance of the bin and removal of materials and trash from the immediate area, and a telephone number where the owner, operator or agent of the bin may be reached at any time. The bin shall display a notice stating that no items or materials shall be left outside of the donation drop-off box.

(g)

Occupation of parking spaces by bins shall not reduce the number of available parking spaces below the minimum number required for the site.

(h)

There shall not be more than two bins on properties less than one acre and no more than four bins on properties greater than one acre.

(i)

A permit for charitable donation bins shall be required. The permit shall be issued by the Zoning Officer, but can only be granted when it is determined by the Zoning Officer that:

[1]

The bin(s) are for use by a duly registered nonprofit organization;

[2]

The proper types of bin(s) are being used as described by this section;

[3]

The bin(s) are being placed in a proper location as described by this section;

[4]

The permit application includes a letter of authority/permission from the owner of the property upon which the bins are to be and/or are already located which includes the statement that the Town of Vernon shall hold both the property owner and the charitable organization liable for violation of these regulations; and

[5]

Name, address and phone number of the nonprofit organization or Church displayed on each bin.

The term of the permit shall expire one year from the date of issuance.

(j)

If any charitable donation bins are placed without a permit, or an inspection reveals that such bins are not in compliance with this section, enforcement and abatement shall take place as generally provided under this article.

(2)

These regulations shall apply to all donation bins in place on the effective date of this regulation (03.23.2015) and all clothing bins placed subsequent to the effective date.

Storage containers and dumpsters. Portable storage containers and dumpsters may be located on a lot in any zone subject to the following restrictions:

(1)

A zoning permit shall be obtained from the zoning enforcement officer prior to the placement of a portable storage container or dumpster on property in any residential zone; a zoning permit shall not be required where one or more storage containers and/or dumpsters are:

(a)

Shown on a site plan approved in accordance with § 30-13.2, or

(b)

Are necessary for construction-related work as provided below;

(2)

Except for dumpsters used for construction-related work, no zoning permit shall be valid for a term longer than 30 days; a zoning permit may be renewed for one or two additional 30 day periods if compelling justification is provided to the zoning enforcement officer; under no circumstances shall such a zoning permit be valid for longer than 90 days;

(3)

Placement of a dumpster used for construction-related work shall require, as a precondition, issuance of a building permit for work that will generate waste or construction debris; such dumpster shall be removed within five days of completion of the work or upon issuance of a Certificate of Occupancy;

(4)

Not more than one portable storage containers or dumpster shall be placed on property in a residential zone; a portable storage container or dumpster shall be placed on a driveway or other hard surface; where feasible, the portable storage container or dumpster shall be placed behind the front line of the principal building. No dumpster shall be placed within the travelled portion of any roadway unless authorized by the Chief of Police. This authorization will be done on a case by case basis and the property owner shall assume full liability for such placement.

(5)

Portable storage containers and dumpsters shall not be used for the storage of hazardous materials or garbage and shall not create offensive odors or create a condition that may prejudice the public health.

(6)

No dumpster or portable storage container shall be emptied or filled between 11:00 PM and 7:00 AM.

Storage of waste and refuse. In all zones, the temporary storage of waste, refuse, and debris shall be within a building, or within a solid enclosure that does not encroach upon the required yards and which is provided with a visual screen from adjoining property and public streets.

§ 30-9.4 Earth removal.

Grading, fill, excavation or removal, or remediation, of loam, topsoil, sand, gravel, clay, peat, humus or stone is permitted without additional review under the following circumstances:

(1)

A individual residentially zoned lot with a primary residential structure for which a building permit has been obtained and where no removal or sale of materials is involved.

(2)

Necessary and incidental to activities associated with an approved subdivision or site plan.

(3)

Bona fide agricultural activities.

(4)

Remediation of contaminated soils.

(5)

When the amount of material does not exceed 250 cubic yards, or when less than one acre is disturbed (not associated with any approved plan or permit).

In all other cases, a minor modification application permit may be approved for the grading fill, excavation or removal, remediation, or sale of earth, loam, topsoil, sand, gravel, clay, peat, humus or stone on site. Submission review requirements include (but are not limited to) map and site plans detailing:

(1)

The area of disturbance.

(2)

Existing contour lines; final contour lines are 1" = 40' or other acceptable scale.

(3)

Existing and proposed drainage.

(4)

Erosion and sediment control.

(5)

Access to disturbed area.

(6)

Narrative explanation of project purpose.

Permission may be granted subject to the following conditions:

(1)

The activities shall be completed in substantial conformance with approved plans.

(2)

Upon completion, the premises shall be free of all debris.

(3)

No land disturbance activities shall take place within 20 feet of any residentially zoned property line.

(4)

No processing of materials which originated off-site.

(5)

An erosion control or performance bond may be required by the Town Engineer.

§ 30-9.5 Alcoholic liquors and cannabis retailers.

In those districts, which permit sellers and/or servers of alcohol and, or cannabis retailers, the standards to be applied are as follows and are in addition to the requirements of § 30-13.3.

The following separating distances shall be applied to all establishments seeking to permit the sale of alcoholic liquors, excluding:

(1)

Full service restaurants as defined under Article 2 and;

(2)

The sale of beer by an establishment, chiefly engaged in the sale of groceries under a grocery store beer permit (as defined in the State Liquor Control Act) and

(3)

The sale of alcoholic liquor to be consumed on the premises of a commercial bowling establishment containing 10 or more lanes under a bowling establishment permit (as defined in the State Liquor Control Act).

(4)

Manufacturer of alcoholic liquors with on-site selling of their product as accessory to the manufacturing component, for consumption on-site or off-site (as permitted in the State Liquor Control Act).

Separating distances shall be measured from the main public access door of an establishment to the main public access door of any other establishment in a straight line.

	Feet
Seller to seller	3,000
Server to server	2,000
Seller/server to public institution 1,000 except for distance to any high school, which shall be	2,000

(1)

Upon the change of primary use within either class (example, convenience store with a beer permit to a package store) of sellers or servers.

(2)

Upon a change from seller to server or vice versa (example, a package store to a restaurant).

In addition to this paragraph, all sales or serving of alcoholic liquors are subject to the requirements of the Liquor Control Act of the State of Connecticut.

The following separating distances shall be applied to all establishments seeking to permit the retail sale of Cannabis (cannabis retailer): Cannabis retailer to a public or parochial school: 3,000 feet.

The separating distance shall be measured from the main public access door of each establishment.

Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. Monday to Saturday. Sunday 10:00 a.m. to 6:00 p.m.

An operations plan, including but not limited to a description of all on-site activities, a floor plan, a security plan, and a traffic and access plan shall be submitted with each special permit application.

Cannabis shall not be consumed, ingested or smoked on the premises.

Retail Cannabis sales shall not be considered an accessory use: It shall only be permitted as a primary use.

§ 30-9.6 Commercial wireless telecommunication facilities.

Background and purpose.

(1)

Recent advances in wireless communications technology have resulted in a new generation of telecommunication services. These new services transmit radio waves of such a frequency and power that will likely require numerous antenna locations. These antennas may be located on buildings, water towers, and other similar structures but will also frequently be located on new or enlarged towers. This requires that the Town of Vernon regulate these wireless communication system facilities in a different manner than conventional television and radio transmission towers, which are able to transmit their signals at much greater distances.

(2)

A number of providers of wireless communication services have recently been licensed by the Federal Communications Commission and additional providers are expected to be licensed in the near future. These firms are expected to pursue antenna sites within the Town of Vernon and these efforts are expected to include requests to construct new communication towers and antennas.

(3)

The intent of the Regulation is to provide for the establishment and/or expansion of cellular telephone, mobile radio and personal communication systems within the Town of Vernon while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunication facilities through careful design, siting, and screening. More specifically this regulations has been developed in order to:

(a)

Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the Community.

(b)

Encourage providers to co-locate their facilities on a single site;

(c)

Site facilities below visually prominent ridge lines;

(d)

Minimize the location of facilities in visually sensitive areas;

(e)

Encourage creative design measures to camouflage facilities;

(f)

Protect historic and residential areas from potential adverse impacts of communication towers;

(g)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

Location preferences. The locations for siting the equipment involved in receiving or transmitting radio waves associated with commercial wireless telecommunication services are listed in Subsection B(1) through (5) below, in order of preference.

(1)

On existing structures such as buildings, water towers, and utility poles.

(2)

On existing or approved towers.

(3)

On replacement towers located on property occupied by one or more existing tower.

(4)

On replacement towers less than 15 feet in height located in commercial or industrial zones.

(5)

On replacement towers less than 75 feet in height located in residential zones.

General requirements.

(1)

No lights shall be mounted on proposed towers unless otherwise required by the FAA.

(2)

Towers shall be maintained in good order.

(3)

All towers shall be a monopole design unless otherwise approved by the Commission. A monopole tower shall be designed to collapse upon itself.

(4)

The Commission may require that monopole be of such design and treated with an architectural material so that it blends in with its surroundings to the greatest extent feasible.

(5)

Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional comparable antenna if the tower is over 50 feet in height. The Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights.

(6)

Each tower site must be served by a driveway with parking for at least one vehicle.

(7)

Antennas or equipment building/boxes mounted to or on buildings or structures shall to the greatest degree possible blend with the color and design of such building.

(8)

All dish antennas shall be of mesh construction unless otherwise approve by the Commission.

(9)

Dish antennas shall not exceed six feet in diameter. Panel antennas shall not exceed 10 feet in height.

(10)

No proposed commercial wireless telecommunication shall be designed, located or operated as to interfere with existing or proposed public safety communications.

(11)

All applications for commercial wireless telecommunication sites within the Flood Protection Zone shall comply with the standards found in § 30-7.3 of the Regulations.

(12)

The design of all commercial wireless telecommunication sites shall comply with the standards promulgated by the FCC for non-ionizing electromagnetic emissions. In the absence of such standards sites shall comply with standards set by American National Standards Institute.

(13)

All utilities proposed to serve a new commercial wireless telecommunications site shall be installed underground unless otherwise approved by the Commission.

(14)

All generators installed in conjunction with any commercial wireless telecommunication site shall comply with all State noise regulations.

(15)

Commercial wireless telecommunication sites located on non-residential buildings shall be as architecturally compatible with the structures as possible.

(16)

Commercial wireless telecommunications sites where the antenna is mounted to existing towers, utility poles, water towers, light standards, bridges or other structures not classified as buildings provided the following standards are met:

(a)

No panel antenna shall exceed 1,500 square inches in area.

(b)

No dish antenna shall exceed six feet in diameter.

(c)

All accompanying equipment buildings or boxes shall be screened and fenced as required by the Commission.

(17)

Commercial wireless telecommunication sites where a monopole tower is located on property occupied by one or more towers erected prior to the date of adoption of this regulation provided the following standards are met:

(a)

The height of the tower to be constructed shall not exceed 175 feet or shall not exceed the height of the tallest tower on the property, whichever is the least restrictive.

(b)

All accompanying equipment buildings or boxes shall be screened and fenced as required by the Commission.

Uses allowed only by special permit. In addition to specific requirements listed in §§ 30-9.5, 30-13.3 and 30-13.4, the standards of the specific zoning classification shall also apply to applications submitted under this section.

(1)

Site plan requirements. All proposals to develop a commercial wireless telecommunication site as a permitted use or Special Permit use shall be subject to the Site Plan requirements listed in § 30-13.2 of these regulations. In addition the following information shall be submitted in accordance with each particular application where applicable.

(a)

A plan showing where and how the proposed antenna will be affixed to a particular building or structure.

(b)

Details of all proposed antenna and mounting equipment including size and color.

(c)

Details of proposed shielding and details of materials including color.

(d)

An elevation of all proposed equipment buildings or boxes. Details of all proposed fencing including color.

(e)

A design drawing including cross section and elevation of all proposed towers. A description of the tower's capacity including the number and type of antennas it can accommodate as well as the proposed location of all mountain positions for co-located antennas and the minimum separation distances between antennas.

(f)

A report from a licensed engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in this regulation.

(g)

For new or modified towers, a map depicting the extent of the provider's planned coverage within the Town and the service area of the proposed wireless telecommunication site, map indicating the search radius - or the proposed wireless telecommunication site.

(h)

All of the plans and information required in § 30-9.6B above.

(i)

Upon request of the Commission the applicant shall provide visual representation of the proposed wireless telecommunication site in order to help the Commission ascertain the visual impacts associated with such proposal.

(2)

Height and area requirements.

(a)

Lot size. Commercial wireless telecommunication sites containing a free standing tower shall not be located on any lot less than 20,000 square feet in area. Where it is proposed that such a wireless telecommunication site occupies a lot as a principal use the minimum lot size shall be equal to that required for the underlying zone or 20,000 square feet, whichever is greater.

(b)

Height. The maximum height of a tower proposed under this Regulation shall be 200 feet including the antenna and all other appurtenances. The height of a tower mounted on a building shall be measured from the average level of the ground along all walls of the building to the tallest point on the tower including the antenna and all other appurtenances.

(c)

The maximum height of any roof top mounted equipment, building or box, shall be 15 feet.

(d)

All freestanding towers shall comply with the following minimum property line setbacks:

[1]

Front yard or side yard along a street. A distance equal to 3/4 the height of the tower or the setback required for the underlying zone, whichever is greater.

[2]

Side or rear yards. In residential zones, 50 feet for towers less than 75 feet in height and 100 feet for towers equal to or greater than 75 feet.

[3]

Side or rear yards in non-residential zones 25 feet for towers less than 75 feet in height and 50 feet for towers equal to or greater than 75 feet.

[4]

Free standing towers on rear lots. All other freestanding towers shall be located at minimum distance from any property line at least 100 feet or a distance equal to the height of the tower, whichever is greater.

(e)

All accessory buildings, equipment buildings/boxes or equipment areas each 50 square feet or greater in area shall comply with the minimum property line setbacks for a principal building in the underlying zone.

[1]

All equipment buildings/boxes or equipment areas each less than 50 square feet in area shall comply with the following minimum property line setbacks.

[2]

Front yard or side yard along a street. Same as for a principal building in the underlying zone.

[3]

Rear and side yards: 20 feet.

(3)

Factors upon which Special Permit decisions of the Commission shall be based: In passing upon applications for commercial wireless telecommunication sites, the Commission in addition to the standards found in § 30-13.3, shall also find:

(a)

In the case where a commercial wireless telecommunication site is proposed to be located on a property designated on the National Historic Register or within an approved historic district that such proposal will preserve the historic and/or architectural character of the landscape of any structure.

(b)

In the case where an application for the proposed location of a commercial wireless telecommunication site is not a preference one through three location the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally or economically feasible. The supplied documentation should evaluate the following factors:

[1]

The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved tower as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.

[2]

The planned equipment cannot be accommodated on existing or approved towers due to structural deficiencies as documented by a qualified licensed engineer and that such deficiencies cannot be eliminated at a reasonable cost.

[3]

The existing or planned equipment on an existing or approved tower would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at reasonable cost.

[4]

Any restriction or limitation imposed by the FCC.

(4)

Abandonment. A commercial wireless telecommunication site not in use for six consecutive months shall be removed by the service facility owner. This removal shall occur within 90 days of the end of such six-month period. Upon removal the site shall be restored to its previous appearance and where appropriate revegetated to blend with the surrounding area.

§ 30-9.7 Farming and agricultural uses.

The keeping of livestock for either commercial or non-commercial purposes (excluding pigs and fur-bearing animals) in the R-27 Single-Family Residential Zone, subject to the following conditions:

(1)

The area to be used for raising or boarding livestock shall be entirely fenced. The maximum area to be fenced shall be defined by the year requirements of the R-27 district with an increase of side yard requirements to a minimum of 20 feet.

(2)

The minimum area of a parcel on which livestock is to be housed shall be a minimum of two acres in area.

(3)

The building or structure housing said livestock shall be located not less than 80 feet from any property line.

(4)

All barnyards, corrals, sties, and similar structures shall be properly drained and free from excessive dust, odor, and mud.

(5)

No manure pile shall be placed less than 50 feet from any property line and shall be so located that it will not drain on any adjoining premises.

(6)

The keeping of livestock shall be accompanied by a joint residential use on the same premises.

(7)

When livestock is kept for noncommercial purposes, no manure pile shall exceed one cord.

The keeping of livestock for either commercial or non-commercial purposes (excluding pigs and fur-bearing animals) in the R-40 Single-Family Residential Zone, subject to the following conditions:

(1)

The area to be used for raising or boarding livestock shall be entirely fenced. The maximum area to be fenced shall be defined by the yard requirements of the R-27 district with an increase of side yard requirements to a minimum of 30 feet.

(2)

The minimum area of a parcel on which livestock is to be housed shall be a minimum of two acres in area. The building or structure housing said livestock shall be located not less than 80 feet from any property line.

(3)

All barnyards, corrals, sites and similar structures shall be properly drained and free from excessive dust, odor, and mud.

(4)

No manure pile shall be placed less than 50 feet from any property line and shall be so located that it will not drain on any adjoining premises.

(5)

The keeping of livestock shall be accompanied by a joint residential use on the same premises.

§ 30-9.8 Alternative energy systems.

[Added 5-27-2025]

This section applies to all solar energy systems which are not subject to review by the CT Siting Council per C.G.S. § 16-50g within the Town of Vernon.

All solar energy systems shall adhere to the following requirements:

(1)

Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for interconnection to system components and/or the local utility power grid;

(2)

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the ground-mounted solar energy system;

(3)

No ground-mounted small solar energy system shall be affixed to a fence;

(4)

Solar energy systems shall not cause reflective glare onto a public street, right-of-way, or neighboring properties; and

(5)

Unless affixed to a nonconforming structure in compliance with the requirements below, all solar energy systems shall comply with all applicable setbacks.

The following types of solar energy systems may be approved in accordance with the criteria below:

(1)

Roof-mounted arrays. Roof-mounted solar arrays may be allowed on principal and accessory structures in all zones without the issuance of a separate zoning permit, provided that the array shall:

(a)

Be mounted flush or parallel to the roof structure if mounted on a sloped roof;

(b)

Not exceed the maximum height permitted in the zoning district;

(c)

Not extend more than 12 inches above the roof line or parapet, of the structure or five feet above a flat roof; and

(d)

Not extend beyond the roof.

(2)

Wall-mounted solar arrays. Wall-mounted solar arrays may be allowed with the approval of a zoning permit on principal and accessory structures in all zones, provided that the array shall:

(a)

Not be located on a building façade which faces a public street;

(b)

Be mounted flush or parallel to the wall surface;

(c)

Not extend beyond the corners of the building façade; and

(d)

Not exceed 15% of the total wall space.

(3)

Ground-mounted solar arrays. Ground-mounted solar arrays may be allowed with the approval of a zoning permit in all zones, provided that the array:

(a)

Is not located in the front yard;

(b)

Does not exceed 12 feet in height;

(c)

Has a total footprint which is less than or equal to 50% of the footprint of the principal structure.

(4)

Other accessory solar arrays. Other styles of arrays or accessory solar arrays which exceed the size limitations outlined above may be allowed following the approval of a special permit in all zones, provided that the array:

(a)

No such structure is located in the front yard.

(b)

No such structure exceeds the height limitation of the applicable zone.