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 Section 17.3.

17.1.1

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 Section 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 ten (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).

17.1.2

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.

17.1.2.1

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

17.1.2.2

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

17.1.3

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.

17.1.4

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.

17.1.5

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

17.1.6

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

17.1.7

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.

17.1.8

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

17.1.9

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

(Appl. PZ-2021-11, 11-18-2021)

The Zoning Board of Appeals shall hear and decide Special Exceptions, Variances, and Appeals in accordance with Section 8-6 of the General Statutes of Connecticut, Revision of 1958, as amended, and the terms of this ordinance as follows:

17.2.1

Special Exceptions:

17.2.1.1

Only those uses specifically designated as Special Exceptions in Section 4, "Use Regulations" may be permitted by the Board following a Public Hearing. Such use shall meet the following requirements:

17.2.1.1.1

It shall be compatible with neighboring land uses.

17.2.1.1.2

It shall not create a nuisance.

17.2.1.1.3

It shall not hinder the future sound development of the community.

17.2.1.1.4

It shall conform to all applicable sections of this ordinance.

17.2.1.2

The Zoning Board of Appeals is empowered to grant the Special Exception subject to such reasonable conditions, restrictions, and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, and general welfare of the community.

17.2.1.3

Special Exceptions in/abutting Historic Districts: When a Special Exception is requested for a property located in or abutting a historic building; structure, site or district the Local Historic Properties Commission shall be notified at least twenty (20) days prior to the date of the public hearing. The Local Historic Properties Commission shall have the opportunity to review the proposed application and make recommendations to the Zoning Board of Appeals. The Zoning Board of Appeals shall be obligated to seriously consider the recommendations provided by the Local Historic Properties Commission. If recommendations from the Local Historic Properties Commission are not received by the Zoning Board of Appeals at or before the public hearing, it shall be presumed that the Local Historic Properties Commission does not disapprove of the proposal. When the Zoning Board of Appeals makes a decision contrary to the written recommendations of the Local Historic Properties Commission, The Zoning Board of Appeals shall state on the record the reasons for the decision.

17.2.2

Variances:

17.2.2.1

The application for a variance from the provisions of this ordinance shall show to the satisfaction of the Zoning Board of Appeals that such relief will not be contrary to the public interest and that, owing to a special or peculiar condition, enforcement of the provisions of this ordinance would result in unnecessary hardship to the applicant.

17.2.2.2

The unnecessary hardship, which an applicant seeks to avoid, shall not have been imposed by any prior action of the applicant. Such hardship shall arise only from special or peculiar site conditions or features of the land or structures in question rather than from physical infirmities of the applicant or merely from the desire to realize greater financial gain.

17.2.2.3

No non-conforming use of neighboring lands, structures or buildings in adjacent districts shall be considered grounds for the issuance of a variance.

17.2.2.4

In granting relief from the provisions of this ordinance, the Zoning Board of Appeals shall grant the least variance from the provisions needed to remove the unnecessary hardship and may impose any condition or safeguard as may be deemed in the public interest.

17.2.2.5

A variance shall become null and void twelve (12) months after said variance is granted by the Zoning Board of Appeals unless the construction or changes authorized have been diligently prosecuted and substantial progress made.

17.2.2.6

The Zoning Board of Appeals is empowered to grant the variance subject to such reasonable conditions, restrictions and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, and general welfare of the community.

17.2.2.7

Said appeal must be filed with the Zoning Board of Appeals within fourteen (14) days of receipt of the written order or remedy from the Zoning Enforcement Officer.

17.2.2.8

A community shall notify the applicant in writing over the signature of the Chairman of the Zoning Board of Appeals that, 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) such construction below the base flood level increases risk to life and property. Such notification shall be maintained with a record of all variance actions as required in 5.2.

17.2.2.9

A community shall 1) maintain a record of all variance actions, including justification for their issuance, and 2) report such variances issued in its annual report submitted to the Administrator.

(Amd. of 7-20-2023)

The Planning & Zoning Commission shall hear and decide on all request for Special Permits in accordance with the General Statutes of Connecticut and the terms of this ordinance as follows:

17.3.1

Only those uses specifically designated as Special Permits in Section 4, "Use Districts" or Section 8, "Dumps and Incinerator Sites" may be permitted by the Planning & Zoning Commission following a Public Hearing. Such uses shall meet the following requirements:

17.3.1.1

It shall not create a hazardous condition relative to public health or safety.

17.3.1.2

It shall be compatible with neighboring uses.

17.3.1.3

It shall not create a nuisance.

17.3.1.4

It shall not hinder the future sound development of the community.

17.3.1.5

It shall conform to all applicable sections of this ordinance.

17.3.1.6

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.

17.3.1.7

In the case of adaptive re-use of mill or former mill sites or structures per Sections 2.97 & 3.26, said adaptive re-use shall preserve the architecturally and historically significant features and character of the site and structures.

17.3.1.8

The Commission may at its discretion require the submission of a Site Plan for approval as outlined in Section 14 of this ordinance.

17.3.2

The Planning & Zoning Commission is empowered to grant a Special Permit subject to such reasonable conditions, restrictions, and safeguards such as those outlined in Section 14.1.6 as may be deemed necessary by said Commission for the purpose of protecting the health, safety, and general welfare of the community.

17.3.2.1

A submission of a modification to a Special Permit already approved shall make the approved plan void upon the approval of the modifications.

17.3.2.2

Special Permit Modifications, which in the opinion of the Building Inspector, Town Engineer and the Town Planner are of such a minor nature that the public health and safety will not be adversely affected, are exempt from obtaining Commission approval.

17.3.3

Vernon has areas containing concentrations of historic buildings, structures, and sites that have been identified as being of historic and/or architectural significance, both individually and as neighborhoods. There are two National Register Historic Districts: The City of Rockville Historic district which covers approximately on square mile and contains approximately eight hundred (800) contributing buildings in the area of mixed uses, varied styles, and high density and the Talcottville Historic District which covers approximately ninety-two (92) acres of land and contains thirty-eight (38) contributing buildings and six (6) sites or structures other than buildings. Vernon Center has been surveyed as a potential historic district. It covers approximately one hundred forty (140) acres and contains twenty-five (25) historically significant buildings. Additionally, seven (7) individual buildings have been listed on the National Register of Historic Places, and thirteen (13) historic engineering sites have been documented. These historic resources must be given special consideration when evaluating a request for a Special Permit. Therefore, all Special Permits requested for the City of Rockville Historic District, Talcottville Historic District, Local Historic Districts, buildings individually listed on the National Register of Historic Places, listed in "Vernon, Connecticut; a survey of Architectural and Historical Resources", or Vernon Engineering sites listed in Connecticut: An Inventory of Historic Engineering and industrial Sites (1981) are subject to the following criteria:

17.3.3.1

No Special Permit shall be issued if it is found to be detrimental to the neighborhood or its residents, or alters the neighborhood's essential characteristics.

17.3.3.2

Throughout the Historic Districts, excluding the Restricted Watershed and Industrial Zones, single-family and two-family housing units shall be allowed.

17.3.3.3

The Special Permit uses shall be considered as a "special use" and allowed only when it is determined that the issuance of the Special Permit will have a positive effect on the historic district, building, structure or site.

17.3.3.4

When a Special Permit is requested for a historic building, structure, or site, the Local Historic Properties Commission shall be notified at least twenty (20) days prior to the date of the Public Hearing. The Planning & Zoning Commission shall be obligated to seriously consider the recommendations provided by this Commission. When the Planning & Zoning Commission makes a decision contrary to the written recommendations of the Local Historic Properties Commission, the PZC shall state on the record the reasons for the decision.

17.3.4

Bed & Breakfast use may be proposed as a Special Permit use for a property located in either a Historic District, or designated a Local Historic Property, or listed on the National Register of Historic Places as an individual building or a contributing building in a Historic District, or listed in the State Register of Historic Places.

17.3.4.1

The proposed Bed & Breakfast use will be compatible with the permitted uses of the existing district and will not have an adverse effect upon the neighborhood.

17.3.4.2

The proposed Bed & Breakfast use will contribute to the preservation of historic architectural features of the property. And the construction, conversion, improvement, modernization, rehabilitation, renovation, or restoration of the property will be in compliance with the "United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings."