No land, building or premises or part thereof shall hereafter be used and no building or part thereof or other structure shall be constructed, reconstructed, extended or enlarged, moved or altered, except in conformity with these regulations.

Accessory uses, as defined in Section 2.132, 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.

3.3.1

Not for Motor Vehicles: Accessory buildings, as defined in Section 2.132, 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 four hundred square feet (400 sf) in floor area, are not used for human habitation or housing of animals, and otherwise comply with the Zoning Regulations.

3.3.2

For Motor Vehicles: Accessory buildings, as defined in Section 2.132, 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.

3.3.3

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 Section 3.4 applies to the use of accessory buildings.

Proper provision shall be made for collection and disposal of storm water from roofs and parking areas through a pipe system connected to existing storm drains or carried to a natural watercourse or to an on-site area approved by the Town Engineer in compliance with the recommendations of the latest edition of the "Stormwater Quality Manual" of the Connecticut Department of Environmental Protection (DEP).

Abutting property owners in Commercial zoning districts may join together to construct a structure with a common wall along a common property line subject to the approval of a Special Permit by the Vernon Planning Commission.

The site of structures damaged by fire, explosion or other catastrophe must be cleared of debris within sixty-days of the initial damage. The Zoning Commission may, upon written request of the owner, grant an extension of time; provided, however, that such extension does not exceed sixty-days.

No fence, wall, hedge, shrubbery, tree canopy or other obstruction to sight distance vision shall be placed or allowed to be placed at roadway intersections, private access road intersections, and driveway curb cuts. The minimum sight distance from the roadway intersection, private access road intersection or driveway curb cut shall be based on the posted speed for the approach roadway being intersected as indicated below. If the speed limit for the approach roadway is not posted, the sight distance shall be based on a speed limit of 30 miles per hour (MPH).

The sight distance shall be based on the front of the approach vehicle being ten (10) feet back from the extended curb line of the intersecting roadway. The Town Engineer or his representative may vary the above minimum sight distances on Town roads when he/she deems it necessary and on State roads in consultation with the Connecticut Department of Transportation (CT DOT).

Where the permitted use of a property includes roads and parking areas to be retained under private ownership, the maintenance of such roads and parking areas shall be the sole responsibility of the owner of record, and proper maintenance shall be a condition of compliance with these regulations.

No lot shall be diminished, nor shall any yard, court or any other area be reduced except in conformity with these regulations. No existing parcel of land shall be hereafter divided in such a manner that any portion of the parcel or any building thereon is not in conformance with these regulations.

No building shall be built on any lot unless such lot meets the definition of lot and has the required lot width as defined in Section 2 and has access to and a frontage of at least twenty-five (25) feet on a public street.

3.12.1

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.

3.12.2

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.

3.12.3

To accommodate seasonal storage a surface shall be established in accordance with section 3.15 sufficient to envelope the trailer, recreational vehicle, and/or boat a minimum of one foot (1') 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.

3.12.4

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 section 3.7 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 are permitted as any accessory use in residential districts subject to Section 429.83 of the State of Connecticut Basic Building Code.

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.

In all zones, all required parking, driveways, loading areas, motor vehicle storage, and display lots and access driveways shall have an adequate paved or alternate surface approved by the Town Engineer capable of allowing free and safe movement of all vehicles. Permeable pavement may be used for surfacing. If used it shall be designed in accordance with the Town LID Manual.

The dumping, burial or otherwise disposal of radioactive material is not permitted in any zoning district under any circumstances.

The erection, operation or any other use of outdoor motion picture theaters is not permitted in any zoning district under any circumstance.

3.18.1

Prior to the issuance of a building permit for construction of a house, commercial building, accessory building, or any lot or parcel of land with the top of foundation more than five (5) feet above or below the center line grade of the road opposite the midpoint of the front foundation wall, a detailed site plan showing the existing and proposed topography, driveways, storm drainage, provisions for potable water supply and sewage disposal, location of existing and proposed structures, elevation, floor plans and any other information as may be required by the Town Engineer or Building Department, shall be submitted to the Building Department for approval by the Building Official.

3.18.1.1

No driveway shall exceed 14% at any point except as proposed in Driveway Ordinance #142 for grade between gutter and street line.

3.18.2

Retaining Wall - when required. When there is danger of dirt fill washing or sliding from the property to be filled onto other adjoining lots of land, a retaining wall shall be built and a plan showing construction and size of wall shall be submitted to the building department for approval before any work is started.

3.18.3

Dust Control. When dirt has been brought in or taken out and left in such a manner that there is danger of dust arising from said land, some form of grass or rye seed shall be planted or some form of chemical used to lay said dust.

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.

3.19.1

Roadside selling activities may not violate Section 3.7 of these regulations.

3.19.2

Roadside selling is permitted in all zoning districts by special exception from the Zoning Board of Appeals except as outlined in Sections 4.9, 4.10, 4.17, 4.20, and 4.21. Homegrown vegetables may be sold without a special exception.

3.19.3

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 thirty-days duration.

3.19.4

Carnivals, temporary alcoholic beverages sales and similar events shall be considered roadside selling and are subject to the provisions of Section 3.19.

3.19.5

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

excluding special permits issued for assisted living facilities or housing for the elderly, only one principal building or structure and any accessory building shall be permitted on a lot.

At least once a year, the Town Planner shall establish a town wide vacancy rate. The Planning and Zoning Commission shall accept or reject the Town Planner's vacancy rate.

Any mast or tower in excess of fifty (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.

During construction, reconstruction, alterations, etc., there shall be no on-site burial of building materials or debris of any kind.

Sidewalks shall be installed for all new developments in all areas. Sidewalks and granite curbs shall be installed in those areas designated as "Sidewalk Policy Areas," which is made part of these regulations. Alternative curb designs may be used for the purpose of managing stormwater in accordance with the Town LID Manual. For the purposes of managing stormwater, sidewalks should be constructed of pervious materials or be graded to other permeable surfaces whenever practicable.

(Amd. of 7-20-2023)

3.26.1

Adaptive Re-Use of Mill Buildings. An Adaptive Re-use proposal, as defined in Section 2.96, 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 S.F.) 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.

3.26.2

Adaptive Re-Use of Hotel/Motel.

(1)

An Adaptive Re-Use proposal, as defined in Section 2.96, 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

(2)

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

(3)

The property is directly adjacent to an existing residential zone.

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 Section 14, 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 Section 17.3; 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 (2) 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.

(Amd. of 7-18-2024(1))

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 & Zoning Commission (PZC) and may not be approved administratively as a "Minor Modification."

As allowed by special permit in Sections 4.4 and 4.5, 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.

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

3.29.1

Minor home based businesses shall be permitted in any conforming residential dwelling, including condominiums and multifamily developments, in Use Districts 4.1 through 4.9, 4.15 through 4.17, and 4.23 upon issuance of a zoning permit in accordance with the following requirements:

3.29.1.1

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;

3.29.1.2

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;

3.29.1.3

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

3.29.1.4

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

3.29.1.5

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 pm;

3.29.1.6

No parking shall be established beyond the normal parking demands for residential use of the premises in accordance with Section 12.1.7;

3.29.1.7

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 Section 16.2.1;

3.29.1.8

No materials, products, or equipment for the home based business shall be stored outside of the space designated for the business in subsection 3.28.1.1, above;

3.29.1.9

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;

3.29.1.10

No commercial vehicles shall be parked or stored on the premises except as provided in section 12.3.11;

3.29.1.11

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;

3.29.1.12

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.

3.29.2

Major - Type 1 home based businesses shall be permitted on conforming parcels and within conforming structures in Use Districts 4.1 through 4.9, 4.15 through 4.17, and 4.23 upon approval of a site plan in accordance with Section 14, Site Plans, and the following requirements:

3.29.2.1

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;

3.29.2.2

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 section 3.28.2.5, below;

3.29.2.3

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;

3.29.2.4

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

3.29.2.5

No commercial vehicles shall be parked or stored on the premises except as provided in section 12.3.11;

3.29.2.5.1

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 Sections 12.1.7 and 12.1.9;

3.29.2.5.2

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;

3.29.2.6

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 Section 16.2.1;

3.29.2.7

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 3.28.2.1, above;

3.29.2.8

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;

3.29.2.9

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

3.29.2.9.1

Repair and servicing of vehicles or heavy equipment;

3.29.2.9.2

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

3.29.2.9.3

Machine shop;

3.29.2.9.4

Landscaping services;

3.29.2.10

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.

3.29.2.11

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.

3.29.2.12

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.

3.29.3

Major - Type 2 home based businesses shall be permitted on conforming parcels and within conforming structures in Use Districts 4.1 through 4.9, 4.15 through 4.17, and 4.23 upon approval of a special permit and site plan in accordance with Sections 14, Site Plans, and Section 17.3, Special Permits, and the following requirements:

3.29.3.1

Requirements listed for Major - Type 1 home based businesses under subsections 3.28.2.1 through 3.28.2.3 and 3.28.2.6 through 3.28.2.10 shall be applicable to Major - Type 2 home based businesses;

3.29.3.2

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;

3.29.3.3

No commercial vehicles shall be parked or stored on the premises except as provided in section 12.3.11;

3.29.3.3.1

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 Sections 12.1.7 and 12.1.9;

3.29.3.3.2

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;

3.29.3.4

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.

3.29.3.5

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.

3.29.3.6

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.

Nothing in these regulations shall prohibit the projection into a required yard of the following, provided the required yard is not within and does not abut a residential zoning district: such building features as pilasters, columns, sills, windows, cornices, roof overhangs, eaves, chimneys, canopies and awnings, or other similar architectural building features, or stoops or open fire escapes. In the event the required yard is within or abuts a residential zoning district, such a projection into a required yard is permitted but is limited to 2 feet or less into the required yard. Notwithstanding the foregoing, the maximum of any canopy that projects into a required yard shall not exceed 200 sq. ft.

Further, nothing in these regulations shall prohibit the construction or erection of the following within a required yard, provided the requirements of Section 3.7 are satisfied: fences or walls six (6) feet in height or less, necessary retaining walls, lighting (further provided the requirements of Section 13.5 are satisfied), signs (further provided the requirements of Section 16.1.5 are satisfied), and parking areas (further provided the requirements of Section 12.3.2 are satisfied).

Further, nothing in these regulations shall prohibit the projection into a required yard of handicap access ramps, landings and decks to the extent necessary to meet the minimum requirements for access or egress by a handicapped person.

(Appl. PZ-2019-04(1), 7-18-2019)

Nothing in these regulations shall prohibit temporary outdoor dining on a seasonal basis, where tables, chairs, and other items are located for patrons of any use where food and beverages are served. The following regulations apply:

3.31.1

Location. Outdoor dining may be located anywhere on the parcel (including the parking lot) or on an adjacent properly zoned vacant parcel and except as 3.31.2.

3.31.2

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.

3.31.3

Accessibility. Outdoor dining areas shall not impede accessible parking spaces, entrances, or routes. All outdoor dining shall be ADA accessible and compliant.

3.31.4

Parking. Outdoor dining shall not be included in parking calculation, unless outdoor dining replaced existing parking spaces. Then, adequate parking must be demonstrated.

3.31.5

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.

3.31.6

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

3.31.7

Lighting. Glare falling outside the outdoor dining area is prohibited.

3.31.8

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

3.31.9

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

3.31.10

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.

(Appl. PZ-2021-05, 4-15-2021)