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Vernon City Zoning Code

SECTION 13

PERFORMANCE STANDARDS

All land uses within the Town of Vernon shall be subject to the following performance standards.


13.1

Provision shall be made for fire protection adequate in the judgment of the Fire Marshal of the Town of Vernon for the use intended.

13.2

The storage of flammable or explosive materials shall be in a manner approved by the Fire Marshal of the Town of Vernon, who may require any precautionary measures necessary in his judgment to eliminate exposure hazards to life and property.

13.3

The use shall emit no offensive odors perceptible at any property line of the lot on which the use is located and shall emit no noxious, toxic or corrosive fumes or gases.

13.4

The use shall not discharge into the air exhaust, waste or dust in excess of one (1) cubic centimeter of settled matter per cubic meter of air, or produce heat or glare perceptible from any property line on the lot on which the use is located for a period of more than three (3) continuous minutes.

13.5

Exterior and/or interior lighting shall not produce glare on public highways or neighboring property or conflict with any traffic signals.

13.6

Smoke or other air contaminant shall not be discharged into the atmosphere from any single source of emission for a period or periods aggregating more than three (3) minutes in any one hour, which is as dark or darker in shade than is designated as No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines, or which is of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke designated as No. 2 on the Ringlemann Chart.

13.7

The use shall not discharge into any stream, river, watercourse, or water body any sanitary sewage or industrial wastes except where suitable treatment has been provided in accordance with applicable local and state regulations, and approved by the responsible agencies.

13.8

The use shall not discharge into any stream, river, and watercourse or water body, any storm water, surface water, groundwater, roof runoff, a subsurface water drainage, cooling water, air conditioning and refrigeration wastewaters, or unpolluted industrial process waters, without specific approval by the responsible local and state agencies.

13.9

Existing and proposed drainage: Stormwater management systems shall be developed consistent with LID practices, which shall be designed and maintained to renovate stormwater through mechanical or natural means before discharging into storm sewers, wetlands, watercourses, or infiltrating into the ground. The stormwater management system shall comply with the practices recommended in the latest edition of the "Stormwater Quality Manual" of the State of Connecticut Department of Energy and Environmental Protection (DEEP) and with the Town LID Manual. Where a conflict arises between the state and Vernon manuals, the more restrictive provision(s) shall apply. Application of LID practices shall not be required for a single lot containing a single- or two-family dwelling.

13.10 - Storage Containers and Dumpsters:

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

13.10.1

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 (1) shown on a site plan approved in accordance with Section 14, or (2) are necessary for construction-related work as provided below;

13.10.2

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;

13.10.3

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 (5) days of completion of the work or upon issuance of a Certificate of Occupancy;

13.10.4

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.

13.10.5

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.

13.10.6

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

13.11 - 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:

13.11.1

Shipping/cargo containers shall be permitted in Industrial Zone as storage units upon approval of a site plan in accordance with section 14, site plans, and the following requirements:

13.11.1.1

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.

13.11.1.2

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.

13.11.1.3

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

13.11.1.4

The storage unit cannot exceed forty feet (40') in length or three hundred twenty (320) square feet per container.

13.11.1.5

There shall be a maximum of one (1) shipping/cargo container per four thousand (4,000) square feet of floorspace.

13.11.1.6

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.

13.11.1.7

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

13.11.1.8

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

13.11.1.9

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

13.11.1.10

The use of any shipping/cargo containers as storage units shall comply with the provisions of this article within one (1) year from the adoption of same.

13.11.1.11

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.

13.12 - 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:

13.12.1

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

13.12.1.1

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.

13.12.1.2

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.

13.12.1.3

Each bin shall not cover a ground surface area in excess of five feet(5') by five feet (5'), nor be more than six feet (6') in height.

13.12.1.4

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.

13.12.1.5

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.

13.12.1.6

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.

13.12.1.7

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

13.12.1.8

There shall not be more than two (2) bins on properties less than one (1) acre and no more than four (4) bins on properties greater than one (1) acre.

13.12.1.9

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:

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

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

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

(d) 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

(e) 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.

13.12.10

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.

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.