The purpose of this district is to allow orderly development consistent with the Town Plan of Conservation & Development, while taking into account the economic development, fiscal improvement of the community, potential negative impacts on traffic, conservation, neighboring residential areas and critical natural resources, including the protection of the Hockanum River. This zone is directed at fostering a compatible mixture of residential, commercial, and light industrial uses through the use of appropriate placement of building and parking areas, as well as the use of significant landscape buffers to provide an effective transition between dissimilar uses.

Notes:

* Applies only to specific yard(s) abutting residential use or residential zoning district.

** An additional twenty-five feet (25') of depth of rear, and side yards is required for each additional twenty thousand square feet (20,000 SF) of building(s) footprint(s) area over the first forty thousand square feet (40,000 SF) aggregate areas of building(s) footprint(s) up to a maximum of two hundred feet (200') depth.

There are no permitted uses or Special Exceptions in this zone. Prohibited uses and activities include, but are not limited to, those uses and activities that would pose an unreasonable risk of having significant adverse impact upon the surface water or groundwater resources of the Hockanum River Watershed, including but not limited to, the following: Gasoline sales; automotive, sales, service, repairs or storage; the garaging or over-night parking of trucks or recreation vehicles (RV's); dry cleaning or commercial laundry facilities; car wash facilities; film processing or commercial photographic processing; junk yards; industrial waste storage or disposal facilities; and the manufacture, treatment, handling, transportation, disposal or storage of hazardous materials, including bulk fuel storage.

4.24.4.1

The uses below may be permitted when granted a Special Permit and a Site Plan by the Planning & Zoning Commission (PZC). The Commission shall not grant any Special Permit until it has determined that the proposed use and activities are compatible with the Town Plan of Conservation and Development, comply with the applicable standards for Special Permits as contained in this Section, as well as in Section 17.3 of these Regulations, and are in the public interest after considering: (1) The existing or future character of the neighboring uses; (2) environmental and ecological impacts, (3) the potential for unreasonable amounts of noise, odors, or other noxious effects, and (4) any necessary safeguards to protect neighboring properties and the Town of Vernon, including:

4.24.4.1.1

That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area and compatible with other neighboring uses;

4.24.4.1.2

That the design elements of the proposed development are attractive and suitable in relation to the site characteristics and style of other buildings in the immediate area, and that the proposed use would not pose an unacceptable risk of altering the essential characteristics of the area or adversely effecting property values in the neighborhood;

4.24.4.1.3

That the kind, size, location and height of structure and the nature and extent of landscaping on the lot are appropriate for the use and will not pose an unacceptable risk of hindering or discouraging the appropriate use of adjoining property or diminishing the value thereof;

4.24.4.1.4

That the proposed plan, to include the location, size, height and orientation of the building, access to the building, location of parking, and provision of landscape buffers provide for a reasonable transition to adjoining uses and structures of a lesser scale;

4.24.4.1.5

That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic generated by the proposed use. Traffic on town roads and their corresponding intersections with other town roads and driveways that are shown to be affected by the proposed development shall be LOS C or better on average, during peak hours of operation of the proposed use (i.e. Retail, Restaurant) when considering the impacts of the proposed development. If LOS C is to be reduced as a result of the proposed development, the applicant may have the option of reducing such LOS by providing whatever modifications and or improvements that are necessary onsite and/or offsite in order to maintain the LOS recommended above as long as such improvements or modification are within the control of the applicant and/or the Town of Vernon. If the existing conditions of the Town Road and their corresponding intersections with other town roads and driveways affected by the proposed development is already LOS C or worse, the applicant shall make whatever modifications and or improvements, that are reasonable, and technically and economically feasible, to improve the LOS in those affected areas.

4.24.4.1.6

As part of the site plan criteria in the PDZ the applicant should demonstrate the location and design of the proposed buildings and associated parking by taking into consideration the location of significant landforms, ecological systems, natural site drainage, flood plains, existing grading and stands of mature trees or other natural resources, and the minimization of grading activities and the provision of open space near these resources.

4.24.4.1.7

In addition to the standard site plan requirements, any development proposed within the PDZ shall provide for pedestrian and bicycle access including but not limited to:

  Bike racks and or bike parking to be located as close to the building entrance as possible;

  Stations for transit riders, where feasible;

  Sidewalks connecting the new development to transit stops, where feasible;

  Public sidewalks, unless waived by Section 3.25;

4.24.4.2

Deleted.

4.24.4.2.1

Deleted.

4.24.4.3

The following uses may be granted a special permit by the PZC if complying with the Regulations and criteria for a special permit:

4.24.4.3.1

Manufacturing, storing, printing, publishing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings;

4.24.4.3.2

Multiple, single-family and multi-family dwellings subject to the following requirements:

4.24.4.3.2.1

All multi-family and multiple-single-family structures shall be entirely serviced by public sewers and by a public water supply.

4.24.4.3.2.2

Multi-family and multiple-single-family units shall be subject to the requirements of sections 4.7.5 & 10.1.

4.24.4.3.2.3

Single-family dwellings for lots with frontage on Dart Hill Road.

4.24.4.3.3

Hotels, motels, conference and convention centers, indoor theaters, and museums;

4.24.4.3.4

Research and experimental laboratories, veterinary hospitals and animal care services (excluding kennels), and medical facilities;

4.24.4.3.5

Full-service restaurants;

4.24.4.3.6

Professional office buildings, general office buildings, and office parks;

4.24.4.3.7

Retail sales and services when the lots have frontage on a State highway. The Commission may limit the hours of operation for retail operations to protect adjacent residential neighborhoods;

4.24.4.3.8

Outside displays, when said displays occupy an area greater than ten percent (10%) of the gross floor area of the individual business utilizing the display;

4.24.4.3.9

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.24.4.3.10

Recreation facilities, education facilities, religious facilities, cultural, non-profit, and philanthropic activities;

4.24.4.3.11

Plumbing, heating, electrical, industrial, and general contracting establishments, which may include showrooms. Any outside storage of materials or equipment, shall be screened from abutting properties and views from public streets through landscape buffering which may include fencing;

4.24.4.3.12

Accessory uses customarily incidental to the listed uses. (Refer to Section 2.132 for definition). However, the storage of chemicals, pesticides, fertilizers, and similar materials is prohibited.

4.24.4.3.13

Signs subject to Zoning Regulations Section 16:

4.24.4.3.13.1

Residentially used lots are not subject to Section 16.3;

4.24.4.3.13.2

Lots used for non residential uses are not subject to Section 16.2;

4.24.4.3.13.3

Lots with mixed uses, when said uses include a residential component, shall be subject to the least restrictive requirement of Section 16.

4.24.4.3.13.4

Message board sign by approval of both a Site Plan and Special Permit.

4.24.4.3.14

Reserved.

4.24.4.3.15

In addition to any other required permits or approvals, a special permit shall be required for any use or development in this zone, when any of the following thresholds are met for any parcel or development. However, the requirements of the Section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to July 1, 1999.

4.24.4.3.15.1

More than forty (40) off-street parking spaces are required;

4.24.4.3.15.2

The proposed structure is within two hundred feet (200') of a residential structure;

4.24.4.3.15.3

The proposed development has any off-street parking or loading spaces within two hundred feet (200') of a residential structure;

4.24.4.3.15.4

The aggregate square footage for all structures on any parcel exceeds twenty-five thousand square feet (25,000 SF);

4.24.4.3.15.5

Lot coverage is greater than fifty percent (50%).

4.24.4.3.15.5.1

In order to grant this special permit, the Commission, must find:

4.24.4.3.15.5.1.1

That this additional coverage will not increase the off-site storm water run-off or it is the written opinion of the Town Engineer that all storm water run-off should be discharged off-site.

4.24.4.3.15.5.1.2

That the level of impervious surface is appropriate for the site and will not create a negative impact to the Hockanum River Watersheds.

4.24.4.3.15.5.1.3

In making these determinations the commission shall consider the use of LID (Low Impact Development) treatment practices for stormwater generated on the site including, but not limited to: the use of rain gardens; grass pavers; porous pavers; reinforced turf, roof stormwater harvesting systems; grass swales; vegetative roofs; bioretention cells/ swales; preservation of native soils and vegetation; and the ability of such proposal to maintain a hydrologically functional landscape. All LID practices proposed shall be consistent with the 2004 DEP Stormwater Quality Manual and 2002 Connecticut Erosion & Sedimentation Guidelines.

4.24.4.3.15.5.1.4

Deleted.

4.24.4.3.15.6

A structure with a height exceeding three (3) stories or forty feet (40'). In order to grant this special permit, the Commission must receive a written opinion from the Fire Marshall as to the fire safety aspects that the increased height will involve.

4.24.4.3.15.7

A development having less than the required front, rear or side yards when the abutting use classification is the same as the use classification of the proposed development and all other special permit requirements are met. "Use classification" for the purpose of this Section means a residential use, a commercial use, or an industrial use.

4.24.4.3.15.8

Any use with an activity conducted more than twelve (12) hours per day.

4.24.4.3.15.9

A development having less than the required front, rear or side yard requirements by showing that such reduction allows for the provision of three or more community amenities including but not limited to:

• Fountains;

• Parks;

• Clock Towers;

• Patio/Seating Area;

• An open space that serves a valid public purpose;

• Pedestrian plaza with benches;

• Outdoor play area;

• Scenic area displaying natural or artificial water feature;

• Courtyard area with or without textured paving for public gathering and/or interaction;

• Landscaped garden;

• Artist walk/display area;

• Benches or ledges with a scenic view;

• Walking trails;

• Seasonal planting areas;

• Sculpture or other artwork in a place for public gathering and reflection;

• Outdoor eating or café;

• The provision of Open Space, as defined by Section 3.2.8A of the Subdivision Regulations, which is reasonably related to the size and scale of the development proposed;

• Or other deliberately shaped area and or focal feature or amenity that adequately enhances such community and public spaces.

In order to grant this special permit, the Commission must find:

4.24.4.3.15.9.1

That the proposed amenity or feature adequately enhances the community and creates a public place;

4.24.4.3.15.9.2

That where possible, these spaces are connected to sidewalks, bus stops, walking trails, bikeways; greenways; linear parks or integrated with traffic patterns, drop off and pick up points for alternate modes of transportation;

4.24.4.3.15.9.3

That all community amenities provided are designed and placed in a location that will allow for maximum utilization of the public; i.e. — a fountain placed in the middle of a vast parking area is not likely to be utilized;

4.24.4.3.15.9.4

All community amenities provided must be designed to respond to and/ or stimulate pedestrian activity, but not block or cause congestion.

4.24.4.3.16

Home Occupations in multiple single-family and multi-family owner occupied dwellings. The applicant must present evidence of approval or permission from the homeowners association of the property at which the activity is to occur.

4.24.4.3.17

Home occupations in single-family and two-family owner occupied dwellings.

4.24.4.4

PDZ Parking Requirements:

In order to ensure that Parking conditions are consistent with the purposes and intent of Sections 4.24.1, the following parking requirements shall apply to all proposed developments within the PDZ, in addition to the requirements of Section 12:

4.24.4.4.1

Any new development requiring more than fifty (50) parking spaces under Section 12 shall not provide more than one and three tenths (1.3) times the minimum number of spaces required under Section 12;

4.24.4.4.1.1

The parking requirement of Section 4.24.4.4.1 may be increased to one and one half (1.5) times the minimum number of spaces required by Section 12 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

4.24.4.4.2

Any new development requiring fifty (50) parking spaces or less under Section 12 shall not provide more than one and one half (1.50) times the minimum number of spaces required under Section 12;

4.24.4.4.2.1

The parking requirement of Section 4.24.4.4.2 may be increased to two (2) times the minimum number of spaces required by Section 12 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

4.24.4.4.3

All parking above the minimum specified by Section 12 may be provided by porous pavers, grass pavers, or reinforced turf, as proposed by the applicant, subject to the approval of the Commission upon finding that the utilization of such parking will be limited to peak seasons or overflow parking only and will not be overly utilized (limited to use less than thirty (30) days per year).

4.24.4.4.4

Any new development containing more than one use or a mix of uses shall, wherever feasible, demonstrate the inclusion of shared parking in order to meet the parking requirements of the Planned Development Zone.

4.24.4.4.5

The applicant may request a waiver of any parking requirement of this Section (4.24.4.4) by demonstrating that the proposed parking spaces are utilized on a regular basis (more than thirty (30) days per year) and the sharing parking between uses and buildings is not feasible. The applicant may also request the use of paved parking spaces in place of reinforced turf, or porous or grass pavers by demonstrating that the use of such pavers would not be appropriate for the site and would result in environmental harm. The approval of these waivers shall require a three quarters (¾) vote of all members of the Commission.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning board of Appeals grant a Variance to allow a use in this zoning district specifically prohibited under 4.24.3 and specifically allowed by the Planning and Zoning Commission under Section 4.24.4.

The following special permit approval criteria shall be applied to uses in addition to the requirements of Zoning Regulations Section 4.24.4 and Section 17.3:

4.24.6.1

The Applicant must provide a municipal fiscal impact analysis / study demonstrating the net municipal revenue impact of a proposal using acceptable cost/revenue analysis techniques, demonstration of open space conservation and linkage to other open spaces, demonstration of acceptable traffic impact, and demonstration of compatibility of uses within the site and with neighbors in the district as well as neighbors abutting the district.

4.24.6.2

When the proposal includes a use or a mix of uses, which in sum are net tax revenue negative to the Town or only marginally net revenue positive, the Commission shall make a finding that other considerations outweigh the negative fiscal impacts, such as in regard to general community benefits, nonprofit activities, and activities of cultural or historic significance.

4.24.6.3

All development shall be required to be compatible with the Town Plan of Conservation & Development and be supportive of the public health, general welfare, and safety of the community, including adequate provision of public facilities, a minimization of the number of access points on existing roads, and consideration of environmental and ecological concerns.

4.24.7.1

Composition—Landscaped buffers shall be provided where required by this Section of the Zoning Regulations and shall conform to the standards illustrated in the "Buffer Yard" graphic (Appendix A):

4.24.7.1.1

Canopy trees shall be deciduous shade trees planted at three inches (3") in caliper with a mature height of at least thirty-five feet (35');

4.24.7.1.2

Under-story trees shall be deciduous shade or fruit trees planted at two inches (2") in caliper with a mature height of at least twelve feet (12');

4.24.7.1.3

Evergreens shall be coniferous species planted at six feet (6') in height;

4.24.7.1.4

Shrubs shall be either deciduous species planted at two and one- half feet (2 ½') height with a mature height of at least six feet (6') or coniferous species planted at two and one-half feet (2-½') in spread.

4.24.7.2

Front Yards:

4.24.7.2.1

Adjacent to residences—A front yard landscaped buffer, meeting or exceeding the requirements of the type "A" Buffer Yard, may be required by the Commission in conjunction with proposed industrial or commercial developments to preserve and protect residential property values and privacy of residential lots;

4.24.7.2.2

Adjacent to streets—A front yard landscape buffer, meeting or exceeding the requirements of the type "A" Buffer Yard, may be required by the Commission in conjunction with proposed industrial or commercial developments to screen parking lot areas from the public street.

4.24.7.3

Side / Rear Yards—A landscaped buffer shall be provided along side and rear yards in conjunction with proposed industrial or commercial developments which abut Residential Zones or uses:

4.24.7.3.1

A type "B" Buffer Yard shall be required where commercial development abuts a residential zone or use;

4.24.7.3.2

A type "C" Buffer Yard shall be required where an industrial use abuts a residential zone or use or a proposed building has a footprint greater than forty thousand square feet (40,000SF).

4.24.7.4

The front, side/rear yard buffer requirements may be reduced or waived at the discretion of the Commission, when warranted by special conditions. The Commission shall determine which type of Buffer Yard within each category shall be used upon a review of the site design, topography, existing vegetation and abutting land uses. The Commission may authorize the use of existing vegetation in lieu of part or all the Buffer yard requirements. Where conditions are such that a buffer cannot be located directly adjacent to a yard because of other regulatory considerations such as, but not limited to, wetlands preservation, the buffer may be reduced or waived as provided for above, or the Commission may require an alternate location for the buffer. Also, the Commission may require the substitution of the evergreen plant materials shown in the Buffer Yard graphic (Appendix A).

4.1.1.1

Minimum lot area: 10,000 square feet

4.1.1.2

Minimum lot width: 80 feet

4.1.1.3

Minimum front yard: 30 feet

4.1.1.4

Minimum side yard: 10 feet

4.1.1.5

Minimum rear yard: 20 feet

4.1.1.6

Minimum floor area: 1,000 square feet

4.1.1.7

Maximum building height; 35 feet (2 ½ stories)

4.1.1.8

Maximum lot coverage: 25%

4.1.1.8.1

Deleted.

4.1.2.1

Single-family dwellings.

4.1.2.2

Two-family dwellings.

4.1.2.3

Accessory uses customarily incidental to the above permitted uses, provided that such accessory use shall not include any activities conducted for gain.

4.1.2.4

Signs subject to Section 16.

4.1.2.5

Special Exceptions: The following uses may be permitted when granted a special exception by the Vernon Zoning Board of Appeals.

4.1.2.5.1

Private non-profit clubs.

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission.

4.1.3.1

Professional office when located in the same building as a private residence. Not more than two (2) 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.

4.1.3.2

Convalescent homes or nursing homes or assisted living facilities when connected to public water and sanitary sewer.

4.1.3.3

Boarding houses.

4.1.3.4

Funeral Homes.

4.1.3.5

Hospitals, church buildings, schools, public libraries, public utility structures, governmental buildings, cemeteries, golf courses, country clubs, and telecommunication towers.

4.1.3.6

Deleted.

4.1.3.7

Bed & Breakfast.

4.1.3.8

Home based businesses of Major—Type 2.

4.1.3.9

Radio and Television masts and towers in residential zones. 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.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.1.3.

(Appl. PZ-2020-15, 1-21-2021)

4.2.1.1

Minimum lot area: 15,000 square feet

4.2.1.2

Minimum lot width: 100 feet

4.2.1.3

Minimum front yard: 30 feet

4.2.1.4

Minimum side yard: 10 feet

4.2.1.5

Minimum rear yard: 20 feet

4.2.1.6

Minimum floor area: 1,000 square feet

4.2.1.7

Maximum building height: 35 feet (2 ½ stories)

4.2.1.8

Maximum lot coverage: 25%

4.2.1.8.1

Deleted.

(Appl. PZ-2020-15, 1-21-2021)

4.2.2.1

Single-family dwellings.

4.2.2.2

Accessory uses customarily incidental to the above permitted use, provided that such accessory use shall not include any activities conducted for gain.

4.2.2.3

Signs subject to Section 16.

4.2.2.4

Two-family dwellings.

The following uses may be permitted when granted a special exception by the Vernon Zoning Board of Appeals.

4.2.3.1

Private non-profit clubs.

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission:

4.2.4.1

Professional office when located in the same building as a private residence. Not more than two (2) 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.

4.2.4.2

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.2.4.3

Funeral homes.

4.2.4.4

Boarding houses.

4.2.4.5

Hospitals, church buildings, schools, public libraries, public utility structures, cemeteries, golf courses, country clubs, governmental buildings, and telecommunication towers.

4.2.4.6

Deleted.

4.2.4.7

Bed & Breakfast.

4.2.4.8

Home based businesses of Major—Type 2.

4.2.4.9

Radio and television masts and towers in residential zones. 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.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.2.4.

4.3.1.1

Minimum lot area: 22,000 square feet

4.3.1.2

Minimum lot width: 125 feet

4.3.1.3

Minimum front yard: 30 feet

4.3.1.4

Minimum side yard: 10 feet

4.3.1.5

Minimum rear yard: 20 feet

4.3.1.6

Minimum floor area 1,000 square feet

4.3.1.7

Maximum building height 35 feet (2 ½ stories)

4.3.1.8

Maximum lot coverage: 25%

4.3.1.8.1

Deleted.

(Appl. PZ-2020-15, 1-21-2021)

4.3.2.1

Single-family dwellings

4.3.2.2

Two-family dwellings

4.3.2.3

Accessory uses customarily incidental to the above permitted uses, provided that such accessory use shall not include any activities conducted for gain.

4.3.2.4

Signs subject to Section 16.

The following uses may be permitted when granted a Special Exception by the Vernon Zoning Board of Appeals.

4.3.3.1

Private non-profit clubs.

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission.

4.3.4.1

Professional office when located in the same building as a private residence. Not more than two (2) 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.

4.3.4.2

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.3.4.3

Boarding houses.

4.3.4.4

Funeral homes.

4.3.4.5

Hospitals, church buildings, schools, public libraries, public utility structures, cemeteries, golf courses, country clubs and governmental buildings, municipal non-profit recreational facilities and telecommunication towers.

4.3.4.6

Deleted.

4.3.4.7

Bed & Breakfast.

4.3.4.8

Home based businesses of Major—Type 2.

4.3.4.9

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.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.3.4.

4.4.1.1

Minimum lot area: 27,000 square feet

4.4.1.2

Minimum lot width: 150 feet

4.4.1.3

Minimum front yard: 30 feet

4.4.1.4

Minimum side yard: 10 feet

4.4.1.5

Minimum rear yard: 20 feet

4.4.1.6

Minimum floor area: 1,000 square feet

4.4.1.7

Maximum building height: 35 feet (2 ½ stories)

4.4.1.8

Maximum lot coverage: 25%

4.4.1.8.1

Deleted.

(Appl. PZ-2020-15, 1-21-2021)

4.4.2.1

Single-family dwellings.

4.4.2.2

Accessory uses customarily incidental to the above permitted use, provided that such accessory use shall not include any activities conducted for gain.

4.4.2.3

Signs subject to Section 16

The following uses may be permitted when granted a Special Exception by the Zoning Board of Appeals.

4.4.3.1

Commercial farming excluding commercial piggeries and fur farms.

4.4.3.2

The keeping of livestock for either commercial or non-commercial purposes (excluding pigs and fur-bearing animals) subject to the following conditions:

4.4.3.2.1

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 twenty (20) feet.

4.4.3.2.2

The minimum area of a parcel on which livestock is to be housed shall be a minimum of two (2) acres in area.

4.4.3.2.3

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

4.4.3.2.4

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

4.4.3.2.5

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

4.4.3.2.6

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

4.4.3.2.7

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

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission.

4.4.4.1

Professional office when located in the same building used by the person as his private residence; not more than two (2) 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.

4.4.4.2

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.4.4.3

Boarding houses.

4.4.4.4

Funeral homes.

4.4.4.5

Hospitals, church buildings, schools, public libraries, public utility structures, cemeteries, golf courses, country clubs, and governmental buildings, facilities including recycling facilities for organic materials and telecommunication towers.

4.4.4.6

Deleted.

4.4.4.7

Bed & Breakfast.

4.4.4.8

Home based businesses of Major—Type 2.

4.4.4.9

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.

4.4.4.10

Outdoor Wood Burning Furnaces subject to Section 3.28 and CGS 22a-174k.

4.4.4.11

Adaptive Re-Use per Sections 2.96 and 3.26.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.4.4.

(Appl. PZ-2017-09, 11-15-2017)

4.5.1.1

Minimum lot area: 40,000 square feet

4.5.1.2

Minimum lot width: 200 feet

4.5.1.3

Minimum front yard: 30 feet

4.5.1.4

Minimum side yard: 10 feet

4.5.1.5

Minimum rear yard: 20 feet

4.5.1.6

Minimum floor area: 1,000 square feet

4.5.1.7

Maximum building height: 35 feet (2 ½ stories)

4.5.1.8

Maximum lot coverage: 25%

4.5.1.8.1

Deleted.

(Appl. PZ-2020-15, 1-21-2021)

4.5.2.1

Single-family dwellings.

4.5.2.2

Accessory uses customarily incidental to the above permitted use, provided that such accessory use shall not include any activities conducted for gain.

4.5.2.3

Signs subject to Section 16.

The following uses may be permitted when granted a Special Exception by the Zoning Board of Appeals.

4.5.3.1

Commercial farming excluding commercial piggeries and fur farms.

4.5.3.2

The keeping of livestock for either commercial or non-commercial purposes (excluding pigs and fur-bearing animals) subject to the following conditions:

4.5.3.2.1

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 thirty (30) feet.

4.5.3.2.2

The minimum area of a parcel on which livestock is to be housed shall be a minimum of two (2) acres in area. The building or structure housing said livestock shall be located not less than eighty (80) feet from any property line.

4.5.3.2.3

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

4.5.3.2.4

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

4.5.3.2.5

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

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission.

4.5.4.1

Professional office when located in the same building used by the person as his private residence; not more than two (2) 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.

4.5.4.2

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.5.4.3

Board houses.

4.5.4.4

Funeral homes.

4.5.4.5

Single-family cluster development in accordance with Section 7.

4.5.4.6

Hospitals, church buildings, schools, public libraries, public utility structures, cemeteries, golf courses, country clubs, and governmental buildings, facilities including recycling facilities for organic materials and telecommunication towers.

4.5.4.7

Deleted.

4.5.4.8

Bed & Breakfast

4.5.4.9

Home based businesses of Major—Type 2.

4.5.4.10

Radio and Television masts are 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.

4.5.4.11

Outdoor Wood Burning Furnaces subject to Section 3.28 and CGS 22a-174k.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.5.4.

4.6.1.1

Minimum lot area: 15 acres

4.6.1.2

Minimum lot width: 200 feet

4.6.1.3

Minimum front yard: 20 feet

4.6.1.4

Minimum side yard: 10 feet

4.6.1.5

Minimum rear yard: 20 feet

4.6.1.6

Maximum building height: 36 feet (2 ½ stories)

4.6.1.7

Maximum lot coverage: 40%

4.6.1.7.1

Deleted.

(Appl. PZ-2020-15, 1-21-2021)

4.6.2.1

Mobile home parks and mobile home park subdivision subject to approval of site plan by the Planning and Zoning Commission in accordance with Section 14.

4.6.2.2

Accessory uses customarily incidental to the above.

4.6.2.3

Permitted use. Accessory uses may include but are not necessarily limited to community buildings and service buildings. A service building for each mobile home shall not exceed one hundred (100) square feet in ground floor area.

4.6.2.4

Signs subject to Section 16.

4.6.2.5

Temporary decks, patios, or porches not to exceed one-fourth of the total floor area of the mobile home.

There are no Special Exceptions in the Mobile Home Park Zone.

4.6.4.1

Single-family homes on 10,000 square foot lots with side yards of 10 feet, front yards of 20 feet, and a rear yard of 20 feet.

The following minimum protective provisions shall be required in a Mobile Home Park District:

4.6.5.1

The owner of each mobile home shall secure a permit from the zoning enforcement officer within forty-eight (48) hours of placing the mobile home in a park. A fee of five dollars ($5.00) shall be paid said officer by the applicant. It shall be the duty of the park operator to inform the owners of incoming mobile homes of this provision.

4.6.5.2

Park operators shall promptly notify the Zoning Officer of any mobile homes removed from their park. The requirement shall remain in force until such time as the roads within the Mobile Home Park are accepted by the Town.

4.6.5.3

The park operator shall keep on file the names of all occupants of each mobile home. This requirement shall remain in force until such time as the roads within the Mobile Home Park are accepted by the Town.

4.6.5.4

Notwithstanding the provisions of Section 4.6.5.6 below, each mobile home site shall provide:

4.6.5.4.1

A minimum mobile home site frontage of fifty (50) feet.

4.6.5.4.2

A minimum mobile home site front yard of twenty (20) feet.

4.6.5.4.3

A minimum mobile home site side yard of ten (10) feet.

4.6.5.4.4

Deleted.

4.6.5.4.5

A minimum mobile home site rear yard of ten (10) feet.

4.6.5.4.6

A minimum mobile home site area for each mobile of five thousand (5,000) square feet.

4.6.5.5

Each mobile home shall have its frontage on a street having a fifty-(50) foot wide right-of-way, and all roadways in the park are to be built to Town of Vernon Road Standards.

4.6.5.6

All mobile home parks shall be entirely serviced by public sewers.

4.6.5.7

All mobile home parks shall be entirely serviced by a public water supply.

4.6.5.8

Repealed.

4.6.5.9

New streets, which are not through streets within a mobile home park, shall have a combined length of no more than 1500 feet.

4.6.5.10

Notwithstanding the provision of Section 4.6.5.4 and 4.6.5.5, existing mobile home sites which were created and occupied by a mobile home prior to January 1, 1992 may continue to be used subject to the following:

4.6.5.10.1

Existing manufactured mobile homes may continue to be used and maintained on their existing mobile home site, regardless of the size of the mobile home site.

4.6.5.10.2

If an existing manufactured mobile home shall be replaced, then a new manufactured mobile home may only be located upon an existing mobile home site which shall contain a minimum of two-thousand (2,000) square feet and shall have a minimum frontage of twenty-nine (29) feet on an existing corner mobile home site, the frontage shall be measured along the total right-of-way adjoining the mobile home site.

4.6.5.10.3

Any new manufactured mobile home placed upon an existing mobile home site must have a minimum side yard of at least five (5) feet on each side and must have a minimum rear yard of five (5) feet.

4.6.5.10.4

Any new manufactured mobile home placed upon an existing mobile home site must have a minimum front yard of ten (10) feet.

4.6.5.10.5

Any applicant who wishes to replace an existing manufactured mobile home that was in existence on January 1, 1992 by providing a survey prepared by a land surveyor, registered in the State of Connecticut as set forth in Section 4.6.5.10.2 above shall have the burden of proving the mobile home site, which survey shall show all the existing mobile home sites owned by the applicant, and which survey shall be filed with the Town Clerk of the Town of Vernon together with any related documents that the applicant may wish to provide or which the building Inspector or Town Planner may reasonably require.

4.6.5.10.5.1

Section 4.6.5.10 shall not apply to any manufactured mobile home site that has received approval from the Planning and Zoning Commission and which met the requirements of Section 4.6.5.4 when approval was obtained.

4.6.6.1

Deleted.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.6.4 or 4.6.6.

4.7.1.1

Minimum lot area: 1 acre

4.7.1.2

Minimum lot width: 150 feet

4.7.1.3

Minimum front yard: 50 feet

4.7.1.4

Minimum side yard: 20 feet

4.7.1.5

Minimum rear yard: 50 feet

4.7.1.6

Minimum floor area (single level) See Section 10, "Minimum Floor Areas"

There are no permitted uses in this zone.

There are no special exceptions in the PRD district.

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission:

4.7.4.1

Multi-family units with a height exceeding two (2) stories or thirty-five (35) feet; provided, however, that such development does not exceed the density requirements of Section 4.7.5 below.

4.7.4.2

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.7.4.3

Funeral homes.

4.7.4.4

Hotel or motel.

4.7.4.5

Hospitals, church buildings, schools, public libraries, public utility structures, governmental buildings, cemeteries, golf courses, country clubs, non-profit recreational facilities, and telecommunication towers.

4.7.4.6

Lot coverage of sixty (60) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off site.

4.7.4.7

Multiple single-family dwellings subject to the requirements of Section 4.7.6, 4.7.7, and 4.7.8. emergency shelter for the homeless.

4.7.4.8

Multi-family dwellings.

4.7.4.9

Accessory uses customarily incidental to the listed uses, provided such accessory use shall not include any activity conducted for gain.

4.7.4.10

Signs subject to Section 16.

4.7.4.11

Single-family dwellings.

4.7.4.12

Two family dwellings.

4.7.4.13

Adult day care and group day care facilities.

4.7.4.14

Bed & Breakfast.

4.7.4.15

A structure with a height exceeding two (2) stories or thirty-five (35) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.7.4.16

Radio and television masts and towers in residential zones. 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.

4.7.4.17

Home Occupations in single-family and two family owner occupied dwellings.

4.7.4.18

Home Occupations in multiple single-family and multi-family owner occupied dwellings. The applicant must present evidence of approval or permission from the homeowners association of the property at which the activity is to occur.

(Appl. PZ-2020-15, 1-21-2021)

Minimum area requirements per dwelling unit shall be determined on the basis of the number of bedrooms or each unit and floor on which each unit is located as follows:

4.7.5.1

For purpose of this regulation, all rooms that are in addition to a living room, kitchen, hall or foyer, alcove, pantry, laundry, bathroom, closet or storage space, shall be interpreted as being bedrooms.

4.7.5.2

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.

4.7.6.1

The following minimum amounts of space must be devoted to the provision of livability space, which is that space appropriately improved and located within the development 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 recreational areas, and patios. Space provided on decks may also be counted toward the livability space requirement.

PRD zone: 2.0 times the gross residential floor area.

Residential Commercial Zone: 2.3 times the gross residential floor area.

4.7.6.2

At the discretion of the Planning and Zoning Commission, each dwelling unit shall have constructed adjacent to it a patio, terrace or deck. Such space will be included as part of the livability space requirement.

4.7.7.1

All multi-family structures shall be entirely serviced by public sewers.

4.7.7.2

All multi-family structures shall be entirely serviced by a public water supply.

4.7.8.1

For each dwelling unit constructed by the developer in excess of the number of such units permitted by applicable density limits, the developer shall construct in the municipality within one year from the effective date of the contract, a unit of affordable housing, as defined in Section C.G.S 8-39a, which is of comparable size and workmanship.

4.7.8.2

For a period which shall not be less than thirty (30) years from the date of completion of any units of affordable housing constructed pursuant to 4.7.8.1, such units of affordable housing shall be offered for sale or rent only to persons and families having such income as specified under Section 2.2 of these regulations but which shall not exceed the area median income of the municipality as determined by the United States Department of Housing and Urban Development.

4.7.8.3

The sale price or rent for any such unit of affordable housing shall not exceed an amount which shall be specified in such contract, provided such contract shall contain provisions concerning reasonable periodic increases of the specified sale price or rent.

4.7.8.4

Such units of affordable housing shall be conveyed by deeds containing covenants incorporating the terms and conditions contained in such contract between the developer and the municipality, which covenants shall run with the land and be enforceable by the municipality until released.

4.7.8.5

The requirements of these regulations shall apply to the resale, the purchase and subsequent leasing and the conversion the common interest form of ownership and subsequent sale of any unit of affordable housing during and for the remaining term of such period.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.7.4.

4.9.1.1

Minimum lot area: 22,000 square feet

4.9.1.2

Minimum lot width: 100 feet

4.9.1.3

Minimum front yard: 50 feet

4.9.1.4

Minimum rear yard: 50 feet

4.9.1.5

Minimum side yard: 20 feet

4.9.1.6

Minimum floor area 1,000 square feet

4.9.2.1

Retail sale of food, non-alcoholic beverages, drugs, clothing, jewelry, hardware, stationery, specialty items, household appliances or furnishings.

4.9.2.2

Full service restaurants or clubs; service of alcohol is subject to Section 17.1, Alcoholic Liquors.

4.9.2.3

Non-full service restaurants; drive-up service windows are subject to Section 4.9.4.17.

4.9.2.4

Any professional or business office, bank, studio or other financial institution.

4.9.2.5

Wholesale showroom with storage limited to floor samples only.

4.9.2.6

Indoor movie theatres.

4.9.2.7

Signs subject to Section 16.

4.9.2.8

Accessory uses customarily incidental to the listed uses.

4.9.2.9

Personal convenience services limited to barbershops, beauty salons, and dry cleaning establishments.

4.9.2.10

Medical or research laboratory.

4.9.2.11

Day care centers.

4.9.2.12

Salesroom or display area for retail sale of new vehicles or rental of vehicles, including vehicle sale lots for display of new vehicles.

4.9.2.13

Retail or wholesale sale of used vehicles shall be permitted only when affiliated with and located within 300 feet measured from the closest point of the property to the property used as a display area for retail sale of new vehicles.

4.9.2.14

Commercial parking facility with site plan approval.

4.9.2.15

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 (6) 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 section 4.9.4.15.7 of these regulations.

The following uses may be permitted when granted a special exception by the Zoning Board of Appeals:

4.9.3.1

Deleted.

4.9.3.2

Laundromats serviced by public sewers.

4.9.3.3

Personal convenience services not listed above as a permit use.

The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission.

4.9.4.1

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

Mixed Commercial and Multi-Family Uses provided a parcel contains a minimum of five (5) acres and at least twenty five (25%) of the total lot area is reserved for commercial development, then multi-family development shall be permitted on said parcel subject to the following:

a. The portion of the lot devoted to multi-family use must comply with Sec. 4.7.5 and Section 4.7.6 of the Vernon Zoning Regulations.

b. The site shall be entirely serviced by public sewers and by public water.

4.9.4.2

Funeral homes.

4.9.4.3

Hotels or motels.

4.9.4.4

Hospitals, places of worship, schools, public libraries, public utility structures, governmental buildings, cemeteries, golf courses, country clubs, non-profit recreational facilities.

4.9.4.5

Any retail outlet dealing in merchandise or service similar to the items listed above as permitted uses.

4.9.4.6

Commercial education or recreational activities.

4.9.4.7

Telecommunication towers.

4.9.4.8

Residential facilities for special education.

4.9.4.9

Deleted.

4.9.4.10

Cannabis Retailer, subject to section 17.1.

4.9.4.11

Seller or server of alcoholic beverages unless considered an excluded establishment as stated in section 17.1.1.

4.9.4.12

Deleted.

4.9.4.13

Commercial kennel, as defined in Section 2, provided that such a facility is located no closer than three hundred (300) feet from a residence or residential district. The three hundred (300) feet separation requirement shall not apply to veterinary facilities housed inside a building.

4.9.4.14

General automotive repairing and servicing. The sale of gasoline and/or used vehicles is not permitted with this use.

4.9.4.15

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.9.4.15.1

More than forty (40) off-street spaces are required or;

4.9.4.15.2

The proposed structure is within two-hundred (200) feet of a residential structure or;

4.9.4.15.3

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or;

4.9.4.15.4

The aggregate square footage for all structures on any parcel exceeds twenty-five (25) thousand;

4.9.4.15.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.9.4.15.6

Lot coverage of sixty (60) percent or more. In order to grant this Special Permit the Commission must find that this additional coverage will not increase the off site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off site.

4.9.4.15.7

A structure with a height exceeding two (2) stories or thirty-five (35) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.9.4.15.8

Deleted.

4.9.4.15.9

Outside displays by retail sales establishments when said displays occupy an area greater than ten (10) percent of the gross floor area of the individual business utilizing the display.

4.9.4.16

Redemption center for used beverage containers.

4.9.4.17

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.9.4.18

Motor vehicle washing facility by Site Plan and Special Permit provided:

a)

The facility shall service only automobiles, pick-up trucks, and small vans.

b)

The entrance to the facility shall not exceed 12 feet in height.

c)

The car wash shall be fully automated enabling the driver to remain in the vehicle as it is washed.

d)

The car wash shall be in a completely enclosed building.

e)

Automotive repairs are not conducted on the site.

4.9.4.19

Any establishment, which sells gasoline or diesel fuel.

4.9.4.20

Electronic or mechanical games. In any commercial establishment in which the principal use or activity is not the playing of electronic or mechanical games, no more than three (3) such games or devices shall be placed for public or private use in or on the premises, without a Special Permit from the Planning & Zoning Commission. These games are not classified as a commercial recreational activity.

4.9.4.21

Deleted.

4.9.4.22

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

4.9.4.22.1

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.

4.9.4.22.2

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.

4.9.4.22.3

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.

4.9.4.22.4

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

4.9.4.23

Independent Massage Therapy Practice. In order to grant a Special Permit the PZC must find the following:

4.9.4.23.1

All massage services must be carried out by licensed massage therapist in clearly marked establishments. Such establishments shall provide rooms with professional lighting which shall remain on at all times that the room is in use and sufficient to light the entire room.

4.9.4.23.2

For all massage therapists, a valid license from the State of Connecticut and either valid active membership in the AMTA or evidence of Professional Liability insurance equal to that provided by AMTA membership must be presented to the PZC.

4.9.4.23.3

The valid Connecticut Massage Therapy License must be displayed in plain view in the place of business.

4.9.4.24

Message board sign by approval of both a Site Plan and Special Permit.

4.9.4.25

Adaptive Reuse, per Sections 2.96 and 3.26.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2018-11, 11-1-2018; Appl. PZ-2020-15, 1-21-2021; Appl. PZ-2021-11, 11-18-2021; Amd. of 7-20-2023; Amd. of 7-18-2024)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.9.4.

4.10.1.1

Minimum lot area: 40,000 square feet

4.10.1.2

Minimum lot width: 150 feet

4.10.1.3

Minimum front yard: 50 feet

4.10.1.4

Minimum side yard: 30 feet

4.10.1.5

Minimum rear yard: 40 feet

4.10.1.6

Minimum floor area: 5 percent of land area

4.10.2.1

Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.

4.10.2.2

Printing or publishing establishment.

4.10.2.3

Wholesale showroom with or without storage and repair facilities.

4.10.2.4

Wholesale distribution or warehouse facility.

4.10.2.5

Bulk petroleum storage.

4.10.2.6

Open storage facility for contractors and building suppliers.

4.10.2.7

Salesroom or display areas for wholesale and retail sales and rental of vehicles including vehicle sales lots.

4.10.2.8

Temporary storage of new motorized vehicles.

4.10.2.9

Dry clean or laundering plant.

4.10.2.10

Research and experimental laboratories.

4.10.2.11

Wholesale or retail sale of products fabricated, assembled or packaged in a building on the premises.

4.10.2.12

Motor vehicle washing facilities.

4.10.2.13

Signs subject to Section 16.

4.10.2.14

Accessory uses customarily incidental to the listed uses.

4.10.2.15

Commercial education facility.

4.10.2.16

Any uses permitted in section 4.9.

The following use may be permitted when granted a Special Exception by the Zoning Board of Appeals.

4.10.3.1

Heliport.

The following may be permitted when granted a Special Permit by the Planning & Zoning Commission.

4.10.4.1

Commercial recreational facility.

4.10.4.2

Freight or trucking terminal with warehouse storage facilities.

4.10.4.3

Auto body, soldering or welding shop.

4.10.4.4

Automotive repair shop.

4.10.4.5

Radio or television towers and facilities and commercial telecommunication towers.

4.10.4.6

Governmental buildings and public utilities structures.

4.10.4.7

Small engine and lawn mower repair shop.

4.10.4.8

Redemption center for used beverage containers.

4.10.4.9

Deleted.

4.10.4.10

Deleted.

4.10.4.11

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.10.4.11.1

More than forty (40) off-street parking spaces are required or;

4.10.4.11.2

The proposed structure is within two-hundred (200) feet of a residential structure or;

4.10.4.11.3

The proposed development has any off-street parking or loading spaces within one hundred (100) feet of a residential structure or;

4.10.4.11.4

The aggregate square footage for all structures on any parcel exceeds twenty-five (25) thousand;

4.10.4.11.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.10.4.11.6

Lot coverage of forty (40) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off site.

4.10.4.11.7

A structure with a height exceeding three (3) stories or forty (40) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.10.4.11.8

Deleted.

4.10.4.11.9

Outside displays when said displays occupy an area greater than ten (10) % of the gross floor area of the individual business utilizing the display.

4.10.4.12

Electronic or mechanical games: In any commercial establishment in which the principal use or activity is not the playing of electronic or mechanical games, no more than three (3) such games or devices shall be placed for public or private use in or on the premises, without a Special Permit from the Planning Commission.

4.10.4.13

Adaptive Re-use per Sections 2.96 & 3.26

4.10.4.14

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.10.4.15

Commercial kennel, as defined in Section 2, provided that such a facility is located no closer than three hundred (300) feet from a residence or residential district. The three hundred (300) feet separation requirement shall not apply to veterinary facilities housed inside a building.

4.10.4.16

Message board sign by approval of both a Site Plan and Special Permit.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.10.4.

4.10.6.1

All industrial uses must be connected to sanitary sewers unless the Health Department approves the use of a septic system in writing prior to PZC action.

4.14.1.1

Minimum lot area: 4 acres

4.14.1.2

Minimum lot width: 200 feet

4.14.1.3

Minimum front yard: 60 feet

4.14.1.4

Minimum rear yard: 40 feet

4.14.1.5

Minimum side yard: 40 feet

4.14.1.6

Minimum floor area: 5 percent of land area

There are no permitted uses in this zone.

There are no Special Exceptions in the "Special Floating Zone for Industrial Development".

The following may be permitted when granted a Special Permit by the Planning & Zoning Commission.

4.14.4.1

Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.

4.14.4.2

Printing or publishing establishments.

4.14.4.3

Wholesale distribution or warehouse facility.

4.14.4.4

Freight or trucking terminal with warehouse storage facilities.

4.14.4.5

Wholesale showroom with or without storage and repair facilities.

4.14.4.6

Research and experimental laboratories.

4.14.4.7

Offices for industrially oriented businesses.

4.14.4.8

Restaurant serving food for consumption inside a building.

4.14.4.9

Professional office buildings.

4.14.4.10

Signs subject to Section 16.

4.14.4.11

Accessory uses customarily incidental to the listed uses.

4.14.4.12

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.14.4.12.1

More than forty (40) off-street parking spaces are required or;

4.14.4.12.2

The proposed structure is within two-hundred (200) feet of a residential structure or;

4.14.4.12.3

The proposed development has any off-street parking or loading spaces within one hundred (100) feet of a residential structure or;

4.14.4.12.4

The aggregate square footage for all structures on any parcel exceeds 25,000 feet;

4.14.4.12.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.14.4.12.6

Lot coverage of forty (40) percent or more. In order to grant this Special Permit the Commission must find that this additional coverage will not increase the off site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off site.

4.14.4.12.7

A structure with a height exceeding three (3) stories or forty (40) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.14.4.12.8

Deleted.

4.14.4.12.9

Outside displays when said displays occupy an area greater than ten (10) % of the gross floor area of the individual business utilizing the display.

4.14.4.13

Message board sign by approval of both a Site Plan and Special Permit.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

The applicant for a "Special Floating Zone" must make application to the Commission at least twenty (20) days prior to the scheduled meeting date. The Commission, at this preliminary hearing, may set the date for a public hearing, and may request the applicant present at the public hearing, any or all information required under Section 14 Site Plan. The Commission may, at this meeting, approve both the Floating Zone and the Site Plan. A Site Plan must be submitted for approval to the Commission within a six (6) month period of time following the approval of the "Special Floating Zone" or the zoning approval will become null and void, and the parcel of land will return to its original classification.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.14.4.

4.15.1.1

Minimum lot area: 20,000 square feet

4.15.1.2

Minimum lot width: 120 feet

4.15.1.3

Minimum front yard: 30 feet

4.15.1.4

Minimum side yard: 10 feet

4.15.1.5

Minimum rear yard 20 feet

4.15.1.6

Minimum floor area: 1,000 square feet

4.15.2.1

Single family and two-family dwellings.

4.15.2.2

Accessory uses customarily incidental to the above permitted uses, provided that such accessory use shall not include any activities conducted for gain.

4.15.2.3

One sign meeting all of the requirements of Section 16.1 and 16.2.

The following uses may be permitted when granted a Special Permit by the Planning & Zoning Commission:

4.15.3.1

Multi-family and accessory uses customarily incidental to them, provided that accessory uses shall not be conducted for gain. Multi-family units are subject to the requirements of Section 10.1.2 and Sections 4.7.5, 4.7.6, and 4.7.7 of these Zoning Regulations.

4.15.3.2

Professional or business offices, banks or other financial institutions.

4.15.3.3

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.15.3.4

Boarding homes.

4.15.3.5

Church buildings, schools, public libraries, public utility structures, cemeteries, hospitals, and governmental buildings.

4.15.3.6

Residential facilities for special education.

4.15.3.7

Funeral homes.

4.15.3.8

Home based businesses of Major—Type 2.

4.15.3.9

Group day care facilities.

4.15.3.10

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.15.3.10.1

More than forty (40) off-street parking spaces are required or;

4.15.3.10.2

the proposed structure is within two-hundred (200) feet of a residential structure or;

4.15.3.10.3

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or;

4.15.3.10.4

The aggregate square footage for all structures on any parcel exceeds twenty-five (25,000) thousand.

4.15.3.10.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.15.3.10.6

Lot coverage of forty-five (45) percent or more. In order to grant this special permit, the Commission must find that this additional coverage will not increase the off site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off site.

4.15.3.10.7

A structure with a height exceeding two and a half (2 ½) stories or thirty-five (35) feet. In order to grant this Special Permit the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.15.3.10.8

Deleted.

4.15.3.11

Bed & Breakfast.

4.15.3.12

Radio and Television masts and towers.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

4.15.4.1

When seventy-five (75) percent or more of the structures on one side of a street, measured between two intersecting streets, have front yards of less depth than the required front yard in this zoning district, the Commission, when considering a Special Permit request, may allow new structures built on the same side of the street to conform to the average established setback. In no case may the front yard be reduced to less than ten (10) feet.

4.15.4.2

When 75% or more of the structures on one side of a street, measured between two intersecting streets, have front yards of less depth than the required front yard in this zoning district, the Building Inspector, when issuing a building permit for a single or two-family structures, may allow these structures, if built on the same side of the street, to conform to the average established setback. In no case may the front yard be reduced to less than 10 feet.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.15.3.

4.16.1.1

Minimum lot area: 10,000 square feet

4.16.1.2

Minimum lot width: 80 feet

4.16.1.3

Minimum front yard: 30 feet

4.16.1.4

Minimum side yard: 10 feet

4.16.1.5

Minimum rear yard: 20 feet

4.16.1.6

Minimum floor area: 1,000 square feet

4.16.2.1

Single family and two-family dwellings.

4.16.2.2

Accessory uses customarily incidental to the above permitted uses, provided that such accessory use shall not include any activities conducted for gain.

The following uses may be permitted when granted a Special Permit by the Planning & Zoning Commission:

4.16.3.1

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.16.3.2

Boarding Homes.

4.16.3.3

Places of worship, schools, public libraries, public utility structures, cemeteries, hospitals, and governmental buildings.

4.16.3.4

Residential facilities for special education.

4.16.3.5

Funeral homes.

4.16.3.6

Public parks and public recreational areas.

4.16.3.7

Signs subject to Section 16.

4.16.3.8

Home based businesses of Major—Type 2.

4.16.3.9

Day care center when conducted as an accessory use to a non-profit institution such as a school or church.

4.16.3.10

The operation of a program with the express purpose of providing vocational training and employment services to developmentally disabled and other handicapped citizens.

4.16.3.11

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.16.3.11.1

More than forty (40) off-street parking spaces are required or;

4.16.3.11.2

The aggregate square footage for all structures on any parcel exceeds 25,000;

4.16.3.11.3

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.16.3.11.4

Lot coverage of forty (40) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off-site.

4.16.3.11.5

A structure with a height exceeding two and a half (2 ½) stories or thirty-five (35) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.16.3.11.6

Deleted.

4.16.3.12

Bed & Breakfast.

4.16.3.13

Deleted.

4.16.3.14

Radio and television masts and towers.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

4.16.4.1

When seventy-five (75) or more of the structures on one side of a street, measured between two intersecting streets, have front yards of less depth than the required front yard in this zoning district, the Commission, when considering a Special Permit request, may allow new structures built on the same side of the street to conform to the average established setback. In no case may the front yard be reduced to less than ten (10) feet.

4.16.4.2

When seventy-five (75) or more of the structures on one side of a street, measured between two intersecting streets, have front yards of less depth than the required front yard in this zoning district, the Building Inspector, when issuing a building permit for single or two-family structures, may allow these structures, if built on the same side of the street, to conform to the average established setback. In no case may the front yard be reduced to less than ten (10) feet.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.16.3.

4.17.1.1

Minimum lot area: 20,000 square feet

4.17.1.2

Minimum lot width: 120 feet

4.17.1.3

Minimum front yard: 30 feet

4.17.1.4

Minimum side yard: 10 feet

4.17.1.5

Minimum rear yard: 20 feet

4.17.1.6

Minimum floor area: 1,000 square feet

4.17.2.1

Single family and two-family dwellings.

4.17.2.2

Accessory uses customarily incidental to the above permitted uses, provided that such accessory use shall not include any activities conducted for gain.

4.17.2.3

One sign, per business, not larger than fourteen (14) square feet, provided this sign meets all the other requirements of Section 16. Additional signage and/or signs in excess of fourteen (14) square feet and otherwise in compliance with Section 16 may be permitted when granted a Special Permit by the Planning & Zoning Commission.

The following uses may be permitted when granted a Special Permit by the Planning & Zoning Commission:

4.17.3.1

Multi-family dwellings, and accessory uses customarily incidental to them, provided that such accessory uses shall not be conducted for gain. Multi- family units are subject to the requirements of Section 10.1.1 and Sections 4.7.5, 4.7.6, and 4.7.7 of these Zoning Regulations.

4.17.3.2

Professional or business offices, banks or other financial institutions.

4.17.3.3

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.17.3.4

Indoor movie theaters.

4.17.3.5

Church buildings, schools, public libraries, public utility structures, cemeteries, hospitals, and governmental buildings.

4.17.3.6

Residential facilities for special education.

4.17.3.7

Funeral homes.

4.17.3.8

Buildings, which have previously been used industrially, and existing industrial operations located within the residential commercial zone may be allowed. Existing industrial buildings and operations are not subject to Section 11 of the regulations. These existing industrial buildings may be extended, enlarged or rebuilt only after a Special Permit is obtained. All industrial buildings and operations are subject to the requirements set forth in Section 4.19—Historic District—Industrial.

4.17.3.9

Retail sale of food, non-alcoholic beverages, drugs, clothing, jewelry, hardware, stationery, specialty items, household appliances or furnishings.

4.17.3.10

Personal convenience services limited to barbershops, beauty shops and dry cleaning establishments.

4.17.3.11

Full service restaurant with or without alcoholic beverage permit.

4.17.3.12

Seller or server of alcoholic beverages unless considered an excluded establishment as stated in section 17.1.1.

4.17.3.13

Public parks and public recreational areas.

4.17.3.14

Hospitals, medical offices, laboratories and similar health care facilities.

4.17.3.15

Commercial parking facility.

4.17.3.16

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.17.3.17

Additional signage and/or signs in excess of fourteen (14) square feet. These signs area also subject to the requirements of Section

4.17.3.18

Cannabis Retailer, subject to section 17.1.

4.17.3.19

Deleted.

4.17.3.20

Commercial, educational or recreation services.

4.17.3.21

Any retail outlet dealing in merchandises or services which the Commission finds to be similar in nature to the above use.

4.17.3.22

Child Day Care Centers.

4.17.3.23

Multiple single-family dwellings subject to the requirements of Section 4.7.5.2, 4.7.6, 4.7.7, and 17.3.3, and to a finding to be made by the Commission that the construction of, or conversion to, multiple single-family dwellings will not reduce the availability of existing habitable rental housing in the Rockville section of the Town of Vernon.

4.17.3.24

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.17.3.24.1

More than forty (40) off-street parking spaces are required or:

4.17.3.24.2

The proposed structure is within two-hundred (200) feet of a residential structure or;

4.17.3.24.3

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or;

4.17.3.24.4

The aggregate square footage for all structures on any parcel exceeds 25,000;

4.17.3.24.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.17.3.24.6

Lot coverage of forty-five (45) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off site.

4.17.3.24.7

A structure with a height exceeding two and a half (2 ½) stories or thirty-five (35) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.17.3.24.8

Deleted.

4.17.3.24.9

Outside displays by retail sales establishments when said displays occupy an area greater than ten (10) percent of the gross floor area of the individual business utilizing the display.

4.17.3.25

Emergency shelter for the homeless when conducted by a non-profit organization.

4.17.3.26

Bed & Breakfast.

4.17.3.27

Home occupations in single-family homes.

4.17.3.28

Outside displays by retail sales establishments when said displays occupy an area greater than ten (10) percent of the gross floor area of the individual business utilizing the display.

4.17.3.29

A parking lot or parking facility as a principal use on a lot to provide for an allowed use(s), which allowed use(s) is located on another lot(s) that is located within sixteen hundred (1,600) feet of the lot on which the parking lot or parking facility is located. The parking lot or parking facility shall be reserved to provide parking exclusively for the aforementioned allowed use(s).

4.17.3.30

Radio and television masts and towers in residential zones. Any mast or tower in excess of one-hundred (100) 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.

4.17.3.31

Adaptive Re-use per Sections 2.96 & 3.26

4.17.3.32

Message board sign by approval of both a Site Plan and Special Permit.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021; Appl. PZ-2021-11, 11-18-2021)

4.17.4.1

When seventy-five (75) percent or more of the structures on one side of a street, measured between two intersecting streets, have front yards of less depth than the required front yard in this zoning district, the Commission when considering a Special Permit request, may allow new structures built on the same side of the street to conform to the average established setback. In no case may the front yard be reduced to less than ten (10) feet.

4.17.4.2

When seventy-five (75) percent or more of the structures on one side of a street, measured between two intersecting streets, have front yards of less depth than the required front yard in this zoning district, the Building Inspector when issuing a building permit for single or two-family structures, may allow these structures, if built on the same side of the street, to conform to the average established setback. In no case may the front yard be reduced to less than ten (10) feet.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.17.3.

4.18.1.1

Minimum lot area: 40,000 square feet

4.18.1.2

Minimum lot width: 200 feet

4.18.1.3

Minimum front yard: 30 feet

4.18.1.4

Minimum side yard: 10 feet

4.18.1.5

Minimum rear yard: 20 feet

4.18.1.6

Minimum floor area: 1,000 square feet

4.18.2.1

Those uses associated with the operation of a public water company.

4.18.2.2

Public and non-profit parks.

4.18.2.3

Wildlife sanctuaries or preserves when owned by non-profit entities.

The following uses may be permitted when granted a Special Permit by the Planning & Zoning Commission.

4.18.3.1

Single-family dwellings.

4.18.3.2

Governmental buildings.

4.18.3.3

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.18.3.3.1

More than forty (40) off-street parking spaces are required or;

4.18.3.3.2

The proposed structure is within 200 feet of a residential structure or;

4.18.3.3.3

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or;

4.18.3.3.4

The aggregate square footage for all structures on any parcel exceeds twenty-five (25) thousand;

4.18.3.3.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.18.3.3.6

Lot coverage of twenty-five (25) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off-site.

4.18.3.3.7

A structure with a height exceeding two and a half (2 ½) stories or thirty-five (35) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.18.3.3.8

Deleted.

4.18.3.4

Bed & Breakfast.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under Section 4.18.3.

4.19.1.1

Minimum lot area: 1 acre

4.19.1.2

Minimum lot width: 160 feet

4.19.1.3

Minimum front yard: 35 feet

4.19.1.4

Minimum side yard: 15 feet

4.19.1.5

Minimum rear yard: 30 feet

4.19.1.6

Minimum floor area: 10 percent of land area

4.19.2.1

Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.

4.19.2.2

Printing or publishing establishments.

4.19.2.3

Wholesale distribution or warehouse facility.

4.19.2.4

Office buildings and financial institutions.

4.19.2.5

Research laboratories.

4.19.2.6

Restaurant serving food for consumption inside the building.

4.19.2.7

Wholesale or retail sale of products fabricated, assembled or packaged in a building on the premises.

4.19.2.8

Signs subject to Section 16.

The following uses may be permitted when granted a Special Permit by the Planning & Zoning Commission.

4.19.3.1

Governmental buildings, public utility structures and telecommunication towers.

4.19.3.2

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.19.3.2.1

More than forty (40) off-street parking spaces are required or;

4.19.3.2.2

The proposed structure is within two-hundred (200) feet of a residential structure or;

4.19.3.2.3

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or'

4.19.3.2.4

The aggregate square footage for all structures on any parcel exceeds twenty-five (25) thousand;

4.19.3.2.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.19.3.2.6

Lot coverage of sixty-five (65) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off-site.

4.19.3.2.7

A structure with a height exceeding three (3) stories or forty (40) feet. In order to grant this special permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.19.3.2.8

Deleted.

4.19.3.2.9

Outside displays when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.

4.19.3.3

Adaptive Re-use per Sections 2.96 & 3.26

4.19.3.4

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.19.3.5

Message board sign by approval of both a Site Plan and Special Permit.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district specifically allowed by the Planning and Zoning Commission under Section 4.19.3.

4.20.1.1

Minimum lot area: 1 acre

4.20.1.2

Minimum lot width: 150 feet

4.20.1.3

Minimum front yard: 50 feet

4.20.1.4

Minimum rear yard: 30 feet

4.20.1.5

Minimum side yard: 30 feet

4.20.1.6

Minimum floor area: 5 percent of land area

There are no permitted uses in this zone.

There are no Special Exceptions in the Special Economic Development Zone.

The following may be permitted when granted a Special Permit by the Planning & Zoning Commission:

4.20.4.1

Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.

4.20.4.2

Printing or publishing.

4.20.4.3

Wholesale distribution or warehouse facility.

4.20.4.4

Wholesale showroom with or without storage and repair facilities.

4.20.4.5

Research and experimental laboratories.

4.20.4.6

Auditorium, coliseum, or indoor movie theatre(s).

4.20.4.7

Professional office building, general office buildings, office parks.

4.20.4.8

Signs subject to Section 16.

4.20.4.9

Accessory uses customarily incidental to the listed uses.

4.20.4.10

Retail sale of products assembled or packaged in a building on the premises provided said fabrication, assembling, or packing operations occupy a minimum of seventy-five (75) percent of the floor area of said building.

4.20.4.11

Plumbing, heating, electrical, industrial and general contracting establishments, which may include showrooms.

4.20.4.12

Commercial recreational facility.

4.20.4.12.1

Commercial recreational facilities are exempt from the minimum floor area requirement of five (5) percent if the proposed use is primarily for outdoor activities.

4.20.4.13

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.20.4.13.1

More than forty (40) off-street parking spaces are required or;

4.20.4.13.2

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or;

4.20.4.13.3

The proposed development has any off-street parking or loading spaces within one-hundred (100) feet of a residential structure or

4.20.4.13.4

The aggregate square footage for all structures on any parcel exceeds 25,000;

4.20.4.13.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.20.4.13.6

Lot coverage of sixty-five (65) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off-site.

4.20.4.13.7

A structure with a height exceeding three (3) stories or forty (40) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.20.4.13.8

Deleted.

4.20.4.13.9

Outside displays when said displays occupy an area greater than ten (10) percent of the gross floor area of the individual business utilizing the display.

4.20.4.14

Bank or other financial institution.

4.20.4.15

Hotel, motel, convention and resort centers.

4.20.4.16

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.20.4.17

Restaurant, located within, and serving food for consumption inside an office, hotel, convention oriented or industrial type building or complex of buildings.

4.20.4.18

Governmental buildings and facilities including recycling facilities for organic materials.

4.20.4.19

Telecommunication towers.

4.20.4.20

Redemption center for used beverage containers.

4.20.4.21

Commercial kennel, as defined in Section 2, provided that such a facility is located no closer than three hundred (300) feet from a residence or residential district. The three hundred (300) feet separation requirement shall not apply to veterinary facilities housed inside a building.

4.20.4.22

Message board sign by approval of both a Site Plan and Special Permit.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

4.20.5.1

To protect the traffic flow and improve the aesthetic character of Route 83, lots which abut Route 83 must meet the following area and yard requirements:

Minimum lot area: 1 acre

Minimum lot width: 150 feet

Minimum front yard: 60 feet

Additionally no parking area shall be allowed within the required front yard of properties on Route 83.

40.20.5.2

A complete Site Plan as required in Section 14 shall be submitted to the Commission as part of the Special Permit requirement.

40.20.5.3

Parcels abutting the I-84 right-of-way and within the I-84 Corridor as defined in the Master Plan of Development shall have minimum lot sizes of one acre, minimum lot widths of one hundred fifty feet, and no parking or loading zones between the building and I-84 unless said parking areas and loading zones can be screened in such a manner as to preserve the overall aesthetic character of the area.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district specifically allowed by the Planning and Zoning Commission under Section 4.20.4.

4.21.1.1

Encourage the development of commercial/office space uses, which have the least potential for generating additional traffic to the Route 83 daily and peak hour volumes existing as of March 1, 1983.

4.21.1.2

Insure that the traffic ingress and egress patterns for new developments under these regulations takes place in a manner which is safe and which minimize traffic conflicts resulting from turning movements of vehicles entering or leaving the property being developed.

4.21.1.3

Encourage development of medium or large-scale commercial buildings rather than small structures on individual parcels.

4.21.1.4

Encourage development, which provides adequate buffering between residential areas, and encourage site layout, parking areas, landscaping and signage, which will serve to enhance area property values.

4.21.2.1

Minimum lot area: 3 acres

4.21.2.2

Minimum front yard: 50 feet

4.21.2.3

Minimum rear yard: 50 feet

4.21.2.4

Minimum side yard: 50 feet

4.21.2.5

Minimum floor area: 7 percent of land area Per P.O.D.

4.21.2.6

Minimum lot width: 180 feet

4.21.3.1

Professional office buildings, general office buildings, office parks.

None.

The following may be permitted when granted a Special Permit by the Planning & Zoning Commission:

4.21.5.1

Full service restaurants.

4.21.5.2

Research and experimental laboratories.

4.21.5.3

Banks or other financial institutions without drive-up windows.

4.21.5.4

Governmental facility.

4.21.5.5

Retail sale of food, non-alcoholic beverages, drugs, clothing, jewelry, hardware and building materials, stationery, household appliances or furnishings, specialty items, and general merchandise.

4.21.5.6

Recreational and educational facilities.

4.21.5.7

Personal convenience services excluding weight studios, counseling and therapy services, and encounter groups, other than those performed in a professional office.

4.21.5.8

Nursing or convalescent homes and assisted living facilities.

4.21.5.9

Hotels or motels.

4.21.5.10

Accessory uses customarily incidental to the above uses.

4.21.5.11

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

4.21.5.11.1

More than forty (40) off-street parking spaces are required or;

4.21.5.11.2

The proposed structure is within two-hundred (200) feet of a residential structure or;

4.21.5.11.3

The proposed development has any off-street parking or loading spaces within one hundred (100) feet of a residential structure or;

4.21.5.11.4

The aggregate square footage for all structures on any parcel exceeds twenty-five (25,000) thousand;

4.21.5.11.5

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.21.5.11.6

Lot coverage of fifty-five (55) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off-site.

4.21.5.11.7

A structure with a height exceeding three (3) stories or forty (40) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.21.5.11.8

Deleted.

4.21.5.11.9

Outside displays when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.

4.21.5.12

Retail sale of food with alcoholic beverages permit.

4.21.5.13

Day care centers.

4.21.5.14

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.21.5.15

Message board sign by approval of both a Site Plan and Special Permit.

4.21.5.16

One sign, per business, not larger than fourteen (14) square feet, provided this sign meets all the other requirements of Section 16. Additional signage and/or signs in excess of fourteen (14) square feet and otherwise in compliance with Section 16 may be permitted when granted a Special Permit by the Planning & Zoning Commission.

4.21.5.17

Indoor movie theaters.

4.21.5.18

Funeral homes.

4.21.5.19

Seller or server of alcoholic beverages subject to Section 17.1, Alcoholic Liquors.

4.21.5.20

Hospitals, medical offices, laboratories and similar health care facilities.

4.21.5.21

Cannabis retailer, subject to Section 17.1.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021; Appl. PZ-2021-11, 11-18-2021)

4.21.6.1

To protect the traffic flow and improve the aesthetic character of the area, the parking of vehicles shall not be allowed within the first thirty-(30) feet of the front yard.

4.21.6.2

For each existing subdivided lot of record as of March 1, 1983, subject to PC zoning only, one (1) curb cut for access and egress onto Route 83 shall be permitted for all future development of the parcel. The width, turning radii, and location of this curb cut with respect to each individual lot shall be established at the time of initial Plan of Development application so as to accommodate future planned development of each parcel. The Planning & Zoning Commission may require the submission of a schematic development plan for undeveloped portions of the property to assist in determining the best location of the curb cut. If warranted by traffic flow and/or safety consideration, this requirement may be waived at the sole discretion of the Planning & Zoning Commission.

4.21.6.3

The complete Site Plan as required in Section 14 shall be submitted to the Planning & Zoning Commission as part of the submission of the application for development.

4.21.6.4

To provide landscaped outdoor spaces and attractive buffers between adjacent uses in the zone and between the rear parcel boundaries and adjacent zones, the following general landscaping criteria are required:

All setback areas shall be landscaped at a minimum with sod, ground cover and/or low-level shrubbery, or natural buffering shall be preserved.

Where a parcel in the PC zone abuts a residential zone and in the setback area between parcels, the Planning & Zoning Commission may at its discretion, and where topographical conditions permit, require the construction of an earth berm within the side or rear yard setback whose minimum dimensions with be three (3) feet in height and ten (10) feet wide with a 2:1 slope and require that such berm be landscaped with an impervious coniferous hedge and/or comparable planting of deciduous trees and low-level shrubbery. Where such buffering is required, the minimum requirements are:

Trees (deciduous or coniferous) must be three (3) inches in caliper—planted within four (4) feet of each other.

In the front yard setback area, the Planning & Zoning Commission may require the construction of a berm to shield large expanses of parking located in the area between the building and the street line. If a berm is required, the Commission will first take into consideration the visibility of the building from the street line and the effect of the berm on sight distances from the parcel's curb cut. At a minimum the front yard setback area must be landscaped with low-level shrubbery, ground cover and/or sod.

4.21.6.5

Signage of the commercial and office uses permitted in the zone shall conform to the following criteria:

One (1) all-purpose sign per parcel to be located at the ingress/egress point shall be permitted per lot of record. The sign shall not exceed one hundred (100) square feet in area and shall not exceed ten (10) feet in height, nor be located less than fifteen (15) feet from the edge of pavement. The sign may be illuminated either internally or by spotlights. Each individual business located upon a lot of record may have one (1) parallel sign affixed to the building/store façade. The maximum area of the sign shall be determined by multiplying the length of the building/store façade times 1 (e.g., thirty (30) foot façade results in thirty (30) square foot sign area).

No neon, movable, temporary or banner type signs are permitted.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district specifically allowed by the Planning and Zoning Commission under Section 4.21.5.

4.22.1.1

Minimum lot area: 3 acres

4.22.1.2

Minimum lot width: 200 feet

4.22.1.3

Minimum front yard, residential uses 50 feet

4.22.1.4

Minimum front yard, non-residential uses: 50 feet

4.22.1.5

Minimum rear yard, residential uses 20 feet

4.22.1.6

Minimum rear yard, non-residential uses: 50 feet

4.22.1.7

Minimum side yard, residential uses: 10 feet

4.22.1.8

Minimum side yard, non-residential uses: 50 feet

4.22.1.9

Minimum floor area, residential uses (single level) 1,000 square feet

4.22.1.10

Maximum floor area, non-residential uses: 3,500 feet

4.22.2.1

Use as a nursery, greenhouse or garden center may be accompanies by a single-family residential use.

4.22.2.2

Nurseries, greenhouses and garden centers including facilities for the wholesale and retail sale of products ordinarily grown and/or sold at nurseries, greenhouses or garden centers, subject to the conditions set forth in Section 4.22.3.

4.22.2.3

Signs, subject to the requirements of Section 16.1, Section 16.3, and Section 16.5.

4.22.3.1

Use as a nursery, greenhouse or garden center may be accompanied by a single-family residential use.

4.22.3.2

In no case shall more than one residential structure be permitted per lot.

The following sections shall not apply to buildings directly related to the growth, storage and/or sale of nursery, greenhouse or garden products: 3.20 and 3.3.

With any application for a Garden Zone (GZ) Floating Zone, the applicant must submit a site plan showing the following: (a) existing roads, driveways, loading and parking areas, if any; (b) existing walkways and sidewalks, if any; (c) existing topography; (d) existing drainage, if any; and (e) existing buildings or structures, if any.

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district specifically allowed by the Planning and Zoning Commission under Section 4.22.8.

4.22.7.1

Exception for Expansion of Existing Garden Zone: When an application is made for approval of an expansion of an existing Special Floating Zone — Garden Zone, then the provisions of Section 4.22.7 above shall not apply, and a Site Plan containing all information required under Section 14 must be submitted for approval to the Commission when new construction, changes in or on a site, or changes of the exterior of a structure on the site is proposed, unless determined to be a Minor Modification pursuant to Section 14.1.1.2.

4.22.8.1

More than forty (40) off-street parking spaces are required or;

4.22.8.2

The aggregate square footage for all structures on any parcel exceeds 25,000;

4.22.8.3

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

4.22.8.4

Lot coverage of forty-five (45) percent or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site storm water runoff or it is the written opinion of the Town Engineer that all storm water runoff should be discharged off-site.

4.22.8.5

A structure with a height exceeding two and a half (2 ½) stories or thirty-five (35) feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

4.22.8.6

Deleted.

4.22.8.7

Message board sign by approval of both a Site Plan and Special Permit.

(Appl. PZ-2019-04(2), 7-18-2019; Appl. PZ-2020-15, 1-21-2021)

4.23.2.1

Minimum lot area: 5,000 square feet

4.23.2.2

Minimum lot width: 50 feet

4.23.2.3

Minimum front yard: No minimum, but shall be equal to or exceed the median average front yard of the buildings on either side of the lot.

4.23.2.4

Minimum rear yard: Where the lot does not abut the RC or PND district, the rear yard shall be equal to five feet (5'). Where the lot does abut the RC or PND district, the rear yard must be twenty feet (20').

4.23.2.5

Minimum side yard: Where the lot does not abut the RC or PND district, the minimum side yard shall be five feet (5') unless a common firewall is constructed in which case there shall be no minimum side yard. Where the lot does abut the RC or PND district, the side yard must be ten feet (10').

4.23.2.6

Minimum floor area: 1,000 square feet.

4.23.3.1

Retail sale of food, non-alcoholic beverages, drugs, clothing, jewelry, hardware, stationery, specialty items, household appliances, and furnishings.

4.23.3.2

Restaurants, non-full service and full service, subject also to the provisions of Section 17.1

4.23.3.3

Professional or business offices; governmental offices and facilities; clinics; dental, medical and health offices, provided none of the aforementioned uses is to be located on the ground floor of a building. For purposes of these regulations, "ground floor" shall be defined as the floor of the building that is entered from street level.

4.23.3.4

Places of worship or religious facilities, provided the same are not to be located on the ground floor of a building, unless the building was originally constructed for such purpose.

4.23.3.5

Banks or other financial institutions.

4.23.3.6

Hospitals.

4.23.3.7

Commercial recreational facilities.

4.23.3.8

Cultural, arts, crafts and education facilities; libraries; galleries; studios; and workshops.

4.23.3.9

Personal convenience services limited to barbershops, beauty shops nail salons and dry cleaning establishments, provided the dry cleaning is performed off the premises.

4.23.3.10

Single and two-family dwellings.

4.23.3.11

Accessory uses customarily incidental to the above permitted uses.

4.23.3.12

One parallel sign, i.e., signs affixed to and parallel to the façade of the building, per business conducted within the building upon the premises, provided that the total area for all parallel signs on a given wall of a building shall not exceed two square feet (2 SF) per linear foot of that wall, and further provided that the parallel sign(s) meet all other requirements of Section 16. Additional signs complying with the provisions of Section 16 may be permitted when granted a Special Permit by the Planning & Zoning Commission.

The following uses may be permitted when granted a Special Exception by the Zoning Board of Appeals (ZBA).

4.23.4.1

Laundromats serviced by public sewers.

4.23.4.2

Roadside selling, subject also to the provisions of Section 3.19.

The following uses may be permitted when granted a Special Permit by the Planning & Zoning Commission (PZC) subject also to the provisions of Section 17.3:

4.23.5.1

Massage therapy establishments, subject also to the provisions of Sections 4.9.4.22 and 4.9.4.23.

4.23.5.2

Facilities containing three (3) or more electronic, mechanical, video or similar games or devices.

4.23.5.3

Sellers and servers of alcoholic beverages when not accessory to a full service restaurant. This use shall also be subject to the provisions of Section 17.1.

4.23.5.4

Veterinary offices, provided there shall be no over-night facilities for animals.

4.23.5.5

Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or a unified complex of buildings.

4.23.5.6

Wholesale distribution or warehousing.

4.23.5.7

Printing or publishing establishments.

4.23.5.8

Indoor movie theatres; performing arts theatres, auditoriums.

4.23.5.9

Multi-family dwellings, subject also to the provisions of Sections 10.1, 4.7.5, and 4.7.7. However, there shall be no increase permitted in the number of separate dwelling units within existing multi-family residential buildings.

4.23.5.10

Mixed non-residential and residential uses upon a single parcel.

4.23.5.11

Conversion of residential to non-residential use, conversion of non-residential to residential use.

4.23.5.12

Bed and Breakfast (B&B); hotels, motels.

4.23.5.13

Day care establishments.

4.23.5.14

Emergency shelters for the homeless.

4.23.5.15

Home based businesses of Major—Type 2.

4.23.5.16

Professional or business offices; governmental offices and facilities, clinics; dental, medical and health offices, tattoo studio, any of which are to be located on the ground floor of a building.

4.23.5.17

Places of worship or religious facilities to be located on the ground floor of a building that was not originally constructed for that purpose.

4.23.5.18

Retail sales of merchandise similar in nature, as determined by the Commission, to the items permitted in Section 4.23.3.1.

4.23.5.19

Additional signs other than those permitted in Section 4.23.3.12, subject also to the provision of Section 16.

4.23.5.20

Laboratories and research facilities.

4.23.5.21

In addition to any other permits or approvals, a special permit is required for development in this zone when any of the following thresholds are met:

4.23.5.21.1

The proposed development has off-street parking area or loading spaces located within fifty feet (50') of a residence.

4.23.5.21.2

Lot coverage of eighty percent (80%) or more. In order to grant this Special Permit, the Planning and Zoning Commission (PZC) must find that the additional lot coverage will not increase the off-site storm water run-off or it is the opinion, in writing, of the Town Engineer that all storm water run off should be discharged from the site.

4.23.5.21.3

A structure exceeding three (3) stories or forty feet (40') of height. In order to grant this Special Permit, the Planning & Zoning Commission (PZC) must receive a written opinion from the Fire Marshal in regard to the fire safety aspect related to the increased height.

4.23.5.21.4

Outside displays by retail sales establishments when said displays occupy an area greater than ten percent (10%) of the gross floor area of the individual business utilizing the display and continue for a period in excess of seventy-two (72) hours.

4.23.5.21.5

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.23.5.22

Adaptive Re-use per Sections 2.96 & 3.26

4.23.5.23

Message board sign by approval of both a Site Plan and Special Permit.

4.23.5.24

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

4.23.5.25

Residential facilities for special education.

4.23.5.26

Cannabis retailer, subject to Section 17.1.

(Appl. PZ-2020-15, 1-21-2021; Appl. PZ-2021-11, 11-18-2021)

Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district specifically allowed by the Planning and Zoning Commission under Section 4.23.5.

This district encompasses an area which is served by an Interstate highway and two (2) State roads. The purpose of this district is to provide for development that can take advantage of this transportation infrastructure and contribute to the economic development and fiscal improvement of the community, while being compatible with the Town Plan of Conservation and Development and taking into account the existing commercial and residential development and to avoid negative impacts of traffic and negative impacts on existing natural resources, especially in regard to the environmental characteristics, constraints, and resources of the Tankerhoosen River Watershed.

Note:

* Applies only to specific yard(s) abutting residential use or residential zoning district.

There are no permitted uses or Special Exceptions in this zone. Prohibited uses and activities include, but are not limited to, those uses and activities that would pose an unreasonable risk of having a significant adverse impact upon the surface water or groundwater resources of the Tankerhoosen River Watershed, including but not limited to, the following: Gasoline sales; automotive, sales, service, repairs or storage; the garaging or overnight parking of trucks (not including trucks or other vehicles associated with, or accessory to, uses such as manufacturing, distribution, retail, storage, etc… permitted through the special permit process and deemed to have met or exceeded the purpose of the district) or recreation vehicles (RV's); dry cleaning or commercial laundry facilities; car wash facilities; film processing or commercial photographic processing; junk yards; industrial waste storage or processing facilities; and the manufacture, treatment, handling, transportation, disposal or storage of hazardous materials, including bulk fuel storage.

(Appl. PZ-2021-12, 11-4-2021)

4.25.4.1

The uses below may be permitted when granted a Special Permit and a Site Plan by the Planning & Zoning Commission (PZC). The Commission shall not grant any Special Permit until it has determined that the proposed use and activities are compatible with the Town Plan of Conservation and Development, comply with the applicable standards for Special Permits as contained in this Section, as well as in Section 17.3 of these Regulations, and are in the public interest after considering: (1) The existing or future character of the neighboring uses; (2) environmental and ecological impacts, (3) the potential for unreasonable amounts of noise, odors, or other noxious effects, and (4) any necessary safeguards to protect neighboring properties and the Town of Vernon, including:

4.25.4.1.1

That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area and compatible with other neighboring uses;

4.25.4.1.2

That the design elements of the proposed development are attractive and suitable in relation to the site characteristics and style of other buildings in the immediate area, and that the proposed use would not pose an unacceptable risk of altering the essential characteristics of the area or adversely effecting property values in the neighborhood;

4.25.4.1.3

That the kind, size, location and height of structure and the nature and extent of landscaping on the lot are appropriate for the use and will not pose an unacceptable risk of hindering or discouraging the appropriate use of adjoining property or diminishing the value thereof;

4.25.4.1.4

That the proposed plan, to include the location, size, height and orientation of the building, access to the building, location of parking, and provision of landscape buffers provide for a reasonable transition to adjoining uses and structures of a lesser scale;

4.25.4.1.5

That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic generated by the proposed use. Traffic on Town Roads and their corresponding intersections with other town roads and driveways that are shown to be affected by the proposed development shall be LOS C or better on average, during peak hours of operation of the proposed use (i.e. Retail, Restaurant) when considering the impacts of the proposed development. If LOS C is to be reduced as a result of the proposed development, the applicant may have the option of reducing such LOS by providing whatever modifications and or improvements that are necessary onsite and/or offsite in order to maintain the LOS recommended above as long as such improvements or modification are within the control of the applicant and/or the Town of Vernon. If the existing conditions of the Town Road and their corresponding intersections with other town roads and driveways affected by the proposed development is already LOS C or worse, the applicant shall make whatever modifications and or improvements, that are reasonable, and technically and economically feasible, to improve the LOS in those affected areas.

4.25.4.1.6

As part of the site plan criteria in the PDZ the applicant should demonstrate the location and design of the proposed buildings and associated parking by taking into consideration the location of significant landforms, ecological systems, natural site drainage, flood plains, existing grading and stands of mature trees or other natural resources, and the minimization of grading activities and the provision of open space near these resources.

4.25.4.1.7

In addition to the standard site plan requirements, any development proposed within the PDZ shall provide for pedestrian and bicycle access including but not limited to:

• Bike racks and or bike parking to be located as close to the building entrance as possible;

• Stations for transit riders, where feasible;

• Sidewalks connecting the new development to transit stops, where feasible;

• Public sidewalks, unless waived by Section 3.25;

4.25.4.2

Deleted.

4.25.4.2.1

Deleted.

4.25.4.3

The following uses may be granted a special permit by the PZC if complying with the Regulations and criteria for a special permit:

4.25.4.3.1

Manufacturing, storing, printing, publishing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings;

4.25.4.3.2

Single-and two-family structures meeting the requirements of the Residential 27 (R-27) zoning district.

4.25.4.3.3

Multiple, single-family and multi-family dwellings subject to the following requirements:

4.25.4.3.3.1

All multi-family and multiple-single-family structures shall be entirely serviced by public sewers and by a public water supply.

4.25.4.3.3.2

Multi-family and multiple-single-family units shall be subject to the requirements of sections 4.7.5 & 10.1.

4.25.4.3.4

Hotels, motels, conference and convention centers, indoor theaters, and museums;

4.25.4.3.5

Research and experimental laboratories, veterinary hospitals and animal care services (excluding kennels), and medical facilities;

4.25.4.3.6

Full-service restaurants;

4.25.4.3.7

Professional office buildings, general office buildings, and office parks;

4.25.4.3.8

Retail sales and services when the lots have frontage on a State highway. The Commission may limit the hours of operation for retail operations to protect adjacent residential neighborhoods;

4.25.4.3.9

Outside displays, when said displays occupy an area greater than ten percent (10%) of the gross floor area of the individual business utilizing the display;

4.25.4.3.10

Drive-up service window by approval of both a Site Plan and a Special Permit.

4.25.4.3.11

Recreation facilities, education facilities, religious facilities, cultural, non-profit, and philanthropic activities;

4.25.4.3.12

Plumbing, heating, electrical, industrial, and general contracting establishments, which may include showrooms. Any outside storage of materials or equipment, shall be screened from abutting properties and views from public streets through landscape buffering which may include fencing;

4.25.4.3.13

Accessory uses customarily incidental to the listed uses. (Refer to Section 2.132 for definition). However, the storage of chemicals, pesticides, fertilizers, and similar materials is prohibited.

4.25.4.3.14

Signs subject to Zoning Regulations Section 16:

4.25.4.3.14.1

Residentially used lots are not subject to Section 16.3;

4.25.4.3.14.2

Lots used for non residential uses are not subject to Section 16.2;

4.25.4.3.14.3

Lots with mixed uses, when said uses include a residential component, shall be subject to the least restrictive requirement of Section 16.

4.25.4.3.14.4

Message board sign by approval of both a Site Plan and Special Permit.

4.25.4.3.15

Reserved.

4.25.4.3.16

In addition to any other required permits or approvals, a special permit shall be required for any use or development in this zone, when any of the following thresholds are met for any parcel or development. However, the requirements of the Section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to July 1, 1999.

4.25.4.3.16.1

More than forty (40) off-street parking spaces are required;

4.25.4.3.16.2

The proposed structure is within two hundred feet (200') of a residential structure;

4.25.4.3.16.3

The proposed development has any off-street parking or loading spaces within two hundred feet (200') of a residential structure;

4.25.4.3.16.4

The aggregate square footage for all structures on any parcel exceeds twenty-five thousand square feet (25,000 SF);

4.25.4.3.16.5

Lot coverage is greater than fifty percent (50%).

4.25.4.3.16.5.1

In order to grant this special permit, the Commission, must find:

4.25.4.3.16.5.1.1

That this additional coverage will not increase the off-site storm water run-off or it is the written opinion of the Town Engineer that all storm water run-off should be discharged off-site storm water run-off or it is the written opinion of the Town Engineer that all storm water run-off should be discharged off-site.

4.25.4.3.16.5.1.2

That the level of impervious surface is appropriate for the site and will not create a negative impact to the Tankerhoosen River Watershed.

4.25.4.3.16.5.1.3

In making these determinations the Commission shall consider the use of LID (Low Impact Development) treatment practices for stormwater generated on the site including, but not limited to: the use of rain gardens; grass pavers; porous pavers; reinforced turf; roof stormwater harvesting systems; grass swales; vegetative roofs; bioretention cells/swales; preservation of native soils and vegetation; and the ability of such proposal to maintain a hyrdologically functional landscape. All LID practices proposed shall be consistent with the 2004 DEP Stormwater Quality Manual and 2002 Connecticut Erosion & Sedimentation Guidelines.

4.25.4.3.16.5.1.4

Deleted.

4.25.4.3.16.6

A structure with a height exceeding three (3) stories or forty feet (40'). In order to grant this special permit, the Commission must receive a written opinion from the Fire Marshall as to the fire safety aspects that the increased height will involve.

4.25.4.3.16.7

A development having less than the required front, rear or side yards when the abutting use classification is the same as the use classification of the proposed development and all other special permit requirements are met. "Use classification" for the purpose of this Section means a residential use, a commercial use, or an industrial use.

4.25.4.3.16.8

Any use with an activity conducted more than twelve (12) hours per day.

4.25.4.3.16.9

A development having less than the required front, rear or side yard requirements by showing that such reduction allows for the provision of three or more community amenities including but not limited to:

• Fountains;

• Parks;

• Clock Towers;

• Patio/Seating Area;

• An open space that serves a valid public purpose;

• Pedestrian plaza with benches;

• Outdoor play area;

• Scenic area displaying natural or artificial water feature;

• Courtyard area with or without textured paving for public gathering and/or interaction;

• Landscaped garden;

• Artist walk/display area;

• Benches or ledges with a scenic view;

• Walking trails;

• Seasonal planting areas;

• Sculpture or other artwork in a place for public gathering and reflection;

• Outdoor eating or café;

• The provision of Open Space, as defined by Section 3.2.8A of the Subdivision Regulations, which is reasonably related to the size and scale of the development proposed;

• Or other deliberately shaped area and or focal feature or amenity that adequately enhances such community and public spaces.

In order to grant this special permit, the Commission must find:

4.25.4.3.16.9.1

That the proposed amenity or feature adequately enhances the community and creates a public place;

4.25.4.3.16.9.2

That where possible, these spaces are connected to sidewalks, bus stops, walking trails, bikeways; greenways; linear parks or integrated with traffic patterns, drop off and pick up points for alternate modes of transportation;

4.25.4.3.16.9.3

That all community amenities provided are designed and placed in a location that will allow for maximum utilization of the public; i.e.—a fountain placed in the middle of a vast parking area is not likely to be utilized;

4.25.4.3.16.9.4

All community amenities provided must be designed to respond to and/or stimulate pedestrian activity, but not block or cause congestion.

4.25.4.3.17

Home occupations in single-family and two-family owner occupied dwellings

4.25.4.3.18

Home occupations in multiple single-family and multi-family owner occupied dwellings. The applicant must present evidence of approval or permission from the homeowners association of the property at which the activity is to occur.

4.25.4.4

PDZ Parking Requirements:

In order to ensure that Parking conditions are consistent with the purposes and intent of Sections 4.24.1 (and 4.25.1, respectively), the following parking requirements shall apply to all proposed developments within the PDZ, in addition to the requirements of Section 12:

4.25.4.4.1

New development requiring more than fifty (50) parking spaces under Section 12 shall not provide more than one and three tenths (1.3) times the minimum number of spaces required under Section 12 if such additional parking is provided by porous pavers, grass pavers, reinforced turf; or a multi-level parking structure;

4.25.4.4.1.1

The parking requirement of Section 4.25.4.4.1 may be increased to one and one half (1.5) times the minimum number of spaces required by Section 12 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

4.25.4.4.2

Any new development requiring fifty (50) parking spaces or less under Section 12 shall not provide more than one and one half (1.50) times the minimum number of spaces required under Section 12;

4.25.4.4.2.1

The parking requirement of Section 4.25.4.4.2 may be increased to two (2) times the minimum number of spaces required by Section 12 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

4.25.4.4.3

All parking above the minimum specified by Section 12 may be provided by porous pavers, grass pavers, or reinforced turf, as proposed by the applicant, subject to the approval of the Commission upon finding that the utilization of such parking will be limited to peak seasons or overflow parking only and will not be overly utilized (limited to use less than thirty (30) days per year).

4.25.4.4.4

Any new development containing more than one use or a mix of uses shall, wherever feasible, demonstrate the inclusion of shared parking in order to meet the parking requirements of the Planned Development Zone.

4.25.4.4.5

The applicant may request a waiver of any parking requirement of this Section 4.25.4.4 by demonstrating that the proposed parking spaces are utilized on a regular basis (more than thirty (30) days per year) and the sharing parking between uses and buildings is not feasible. The applicant may also request the use of paved parking spaces in place of reinforced turf, or porous or grass pavers by demonstrating that the use of such pavers would not be appropriate for the site and would result in environmental harm. The approval of these waivers shall require a three quarters (¾) vote of all members of the Commission.

(Appl. PZ-2020-15, 1-21-2021)

Under no circumstances shall the Zoning board of Appeals grant a Variance to allow a use in this zoning district specifically prohibited under 4.25.3 and specifically allowed by the Planning and Zoning Commission under Section 4.25.4.

The following special permit approval criteria shall be applied to uses in addition to the requirements of Zoning Regulations Section 4.25.4 and Section 17.3:

4.25.6.1

The Applicant must provide a municipal fiscal impact analysis / study demonstrating the net municipal revenue impact of a proposal using acceptable cost/revenue analysis techniques, demonstration of open space conservation and linkage to other open spaces, demonstration of acceptable traffic impact, and demonstration of compatibility of uses within the site and with neighbors in the district as well as neighbors abutting the district.

4.25.6.2

When the proposal includes a use or a mix of uses, which in sum are net tax revenue negative to the Town or only marginally net revenue positive, the Commission shall make a finding that other considerations outweigh the negative fiscal impacts, such as in regard to general community benefits, nonprofit activities, and activities of cultural or historic significance.

4.25.6.3

All development shall be required to be compatible with the Town Plan of Conservation & Development and be supportive of the public health, general welfare, and safety of the community, including adequate provision of public facilities, a minimization of the number of access points on existing roads, and consideration of environmental and ecological concerns.

4.25.7.1

Composition—Landscaped buffers shall be provided where required by this Section of the Zoning Regulations and shall conform to the standards illustrated in the "Buffer Yard" graphic (Appendix A):

4.25.7.1.1

Canopy trees shall be deciduous shade trees planted at three inches (3") in caliper with a mature height of at least thirty-five feet (35');

4.25.7.1.2

Under-story trees shall be deciduous shade or fruit trees planted at two inches (2") in caliper with a mature height of at least twelve feet (12');

4.25.7.1.3

Evergreens shall be coniferous species planted at six feet (6') in height;

4.25.7.1.4

Shrubs shall be either deciduous species planted at two and one-half feet (2.5') height with a mature height of at least six feet (6') or coniferous species planted at two and one-half (2.5') feet in spread.

4.25.7.2

Front Yards:

4.25.7.2.1

Adjacent to residences—A front yard landscaped buffer, meeting or exceeding the requirements of the type "A" Buffer Yard, may be required by the Commission in conjunction with proposed industrial or commercial developments to preserve privacy of residential lots;

4.25.7.2.2

Adjacent to streets—A front yard landscape buffer, meeting or exceeding the requirements of the type "A" Buffer Yard, may be required by the Commission in conjunction with proposed industrial or commercial developments to screen parking lot areas from the public street.

4.25.7.3

Side/Rear Yards—A landscaped buffer shall be provided along side and rear yards in conjunction with proposed industrial or commercial developments which abut Residential Zones or uses:

4.25.7.3.1

A type "B" Buffer Yard shall be required where commercial development abuts a residential zone or use;

4.25.7.3.2

A type "C" Buffer Yard shall be required where an industrial use abuts a residential zone or use or a proposed building has a footprint greater than forty thousand square feet (40,000SF).

4.25.7.4

The front, side/rear yard buffer requirements may be reduced or waived at the discretion of the Commission, when warranted by special conditions. The Commission shall determine which type of Buffer Yard within each category shall be used upon a review of the site design, topography, existing vegetation and abutting land uses. The Commission may authorize the use of existing vegetation in lieu of part or all the Buffer yard requirements. Where conditions are such that a buffer cannot be located directly adjacent to a yard because of other regulatory considerations such as, but not limited to, wetlands preservation, the buffer may be reduced or waived as provided for above, or the Commission may require an alternate location for the buffer. Also, the Commission may require the substitution of the evergreen plant materials shown in the Buffer Yard graphic (Appendix A).

The purpose of the open space zone is to allow for the clear identification of land on the Town of Vernon Zoning Map that has been set aside from or permanently protected from development by legislation, dedication conservation or other legal means, which shall be used only for recreational, conservation, educational and agricultural purposes. Areas zoned as open space may be used for disconnection of impervious surface to manage stormwater provided that this does not adversely affect use of the area for open space.

Uses permitted within this zone include recreation, conservation, education and agriculture. These areas may be used for disconnection of impervious surface to manage stormwater provided that this does not adversely affect use of the area for open space. Under no circumstances shall a use or activity ensue on a parcel of land within this zone which is contrary and/ or detrimental to the intent and purpose of open space. There are no Special Permit Uses or Special Exceptions within the OSZ.

This district has been created to address the situation where multi-family dwellings and multiple single-family dwellings may be appropriate, but the Planning and Zoning Commission does not believe a zone change to allow said dwellings should be granted until the Planning and Zoning Commission has simultaneously approved a Preliminary Plan of Development for the dwellings to be developed. Therefore, this zone has been created so that the Planning and Zoning Commission can address both the zone change and the Preliminary Plan of Development simultaneously, and the approvals of both the zone change and the Preliminary Plan of Development shall be considered part of one approval process.

A Comprehensive Multi-Family Dwelling Zone shall permit development which is planned to encourage the appropriate use of the site, with due consideration to the natural features that exist on the site. The design elements of a proposed development shall be attractive and suitable in relation to the character of the neighborhood.

4.26.3.1

Minimum lot area: 1 acre

4.26:3.2

Minimum lot width: 150 feet

4.26.3.3

Minimum front yard: 50 feet

4.26.3.4

Minimum side yard: 20 feet

4.26.3.5

Minimum rear yard: 50 feet

4.26.3.6

Minimum floor area (single level) See Section 10, "Minimum Floor Areas"

There are no permitted uses in this zone.

There are no special exceptions uses in this zone.

The uses allowed shall be either multi-family dwellings or multiple single- family dwellings, but in either case, an applicant must initially receive approval of a zone change and preliminary plan of development and subsequently receive approval for a final plan of development/site plan approval, all as set forth in the following sections.

4.27.7.1

The applicant shall file with the Planning and Zoning Commission an application for a zone change, together with an application for approval of a Preliminary Plan of Development for all of the property proposed to be located within the Comprehensive Multi-Family Dwelling Zone. The Planning and Zoning Commission shall hold a public hearing on the zone change application together with the application for a Preliminary Plan of Development. The Commission shall vote on the zone change simultaneously with its decision to approve, deny, or modify and approve the Preliminary Plan of Development. Approval of the zone change application and the Preliminary Plan of Development shall establish a Comprehensive Multi-Family Dwelling Zone and shall permit the applicant and/or his assigns to proceed with the completion of the development as set forth in the Preliminary Plan of Development subject to the provisions of these Regulations.

4.27.7.2

The Preliminary Plan of Development shall be prepared by a registered professional engineer, a registered architect and/or a registered landscape architect and shall contain those accompanying documents in sufficient detail to indicate:

4.27.7.2.1

Existing topography with five foot contours, existing structures, existing roads and rights-of-way, boundary description of the site, and major topographic features (including wooded and open areas, slopes greater than 15%, and the approximate location of inland wetlands and watercourses).

4.27.7.2.2

The location of all proposed vehicular and pedestrian patterns (including location of proposed drive-ways, public roads, sidewalks and pedestrian paths, and parking areas), open space and recreation areas and proposals for connection of roads, driveways, and sidewalks and paths within the site to the existing public road system. A report shall be included regarding existing traffic conditions and information on traffic generated by development of the proposed plan.

4.27.7.2.3

The proposed location of all buildings within the site.

4.27.7.2.4

The proposed general system of utilities (including domestic water supply, fire protection, storm water drainage, and sanitary sewer).

4.27.7.2.5

A table of ratios which shall establish that the requirements of Section 4.7.5 and 4.7.6 have been met.

4.27.7.2.6

A general description of conservation measures to be utilized in the development of the site to minimize erosion and sedimentation.

4.27.7.2.7

Where development within the site is to be in phases or units, the anticipated location and acreage of such phases or units.

4.27.7.2.8

Building Plan—a plan indicating:

4.27.7.2.8.1

The size of each building in square feet.

4.27.7.2.8.2

Exterior building elevations identifying the building finish materials and colors.

The applicant shall establish that all of the following conditions have been met:

4.27.8.1

All necessary utilities shall be available to service the site.

4.27.8.2

To the extent reasonably possible, the applicant shall develop the site in a manner that will blend harmoniously with the natural landscape.

4.27.8.3

The applicant shall design the site so that the site can be adequately drained to carry off storm water without impacting any adjoining properties.

4.27.8.4

All roadways, driveways and off-street vehicle parking shall be designed to facilitate traffic circulation and emergency vehicle movements in a safe and proper manner.

4.27.8.5

The requirements of sections 4.7.5, 4.7.6 and 4.7.7 shall be met to the extent applicable to the application.

4.27.8.6

The application must be compatible with neighboring land uses, not create a nuisance, not hinder the future sound development of the community, and shall be in conformance with all applicable sections of the zoning regulations.

An application for approval of the Final Plan of Development/Site Plan shall include all matters set forth in Section 14 of the Zoning Regulations and all sections of Section 14 shall apply, except that no public hearing shall be required by the Planning and Zoning Commission and no information shall be required which shall duplicate the information that was required as part of the Preliminary Plan of Development approval as set forth in Section 4.26.7.2. Any Inland wetland approvals that are required must be obtained before approval of the Final Plan of Development / Site Plan.

Modifications to the Preliminary Plan of Development shall be made in accordance with Sections 4.26.7 and 4.26.8 of the Zoning Regulations and said applications shall be processed in the same manner as a new application under Sections 4.26.7 and 4.26.8 of the Zoning Regulations. Modifications to the Final Plan of Development/Site Plan approval shall be made in accordance with Section 4.26.9 of the Zoning Regulations.