Agricultural District: to maintain active farming areas as the preferred land use while providing for limited low-density housing development primarily oriented to farm uses. All development should be planned to maintain as much as possible agricultural lands.

A-R Agricultural Residential District: (reserved for future district).

R-H Rural Hamlet District: to provide for a cluster of moderate-density neighborhood housing development and neighborhood services in traditional hamlet form while maintaining the generally rural character of the Town.

R-1 Residential District: to provide for moderate- to high-density housing development in or adjacent to existing cities, villages and hamlets; also, to provide for small-scale commercial services necessary for residential area.

R-MHP Residential/Mobile Home Park District: to provide areas for the development of mobile home parks where compatible with adjacent uses.

C-1 General Commercial District: to provide for commercial development within the Town which is in close proximity to existing commercial centers and planned infrastructure development.

C-M Commercial/Manufacturing District: to provide for industrial development within the Town and to allow this to occur with compatible large-scale commercial operations.

L-C Land Conservation Overlay District: to preserve and protect floodplains and wetlands within the Town to ensure against loss of life and property from flooding, to maintain areas as natural stormwater retention basins, to maintain and improve water quality and to maintain natural areas of wildlife and human aesthetic enjoyment.

H-O Highway Overlay District: to preserve the hierarchy of the Town's highway system and to ensure compatibility of land uses with the function of adjoining highways.

PUD/PDD Planned Development District:

PDET Planned Development Entertainment and Tourism District: to provide for unified development in which the principal activities include indoor and outdoor recreation and entertainment that relate to or support tourism activities or events. (This district designation is intended to regulate activities such as recreational parks, sports complexes, stadiums, entertainment uses and supporting facilities.)

Is there an insignificant area in one district? If so, the standards and regulations for the district which comprises the majority of the lot in question should be applied.

Is one of the districts the L-C Land Conservation Overlay District? If so, the impacts of the proposed use should be analyzed to ensure that no degradation of the resources of this district occurs.

Is one of the districts in the H-O Highway Overlay District? If so, front yard setback and driveway spacing requirements should apply to ensure that highway functionality and highway safety are preserved.

If the proposed plans submitted are not detailed enough to allow complete analysis of the impacts and implications for both zoning districts, the Board may wish to require that the applicant submit detailed plans showing all proposed changes, methods of operation, etc.

In each of the districts, no parcel of land or building shall be used and no building shall be erected or altered except for one or more of the uses listed for that district and until application is made and approval is granted for a zoning permit. Any action which constitutes the initiation of a use, such as land clearing, grading or excavation, shall not be commenced unless and until a zoning permit is issued pursuant to this chapter and the State Uniform Fire Prevention and Building Code, as amended.

Agricultural use of the land (nonstructural) shall be exempt from the provisions of this chapter; however, all structures are required to obtain a building permit. Building permits are valid for one year, after which they expire unless written application for renewal is made before the lapse of the year. Building permits may be renewed for a six-month period for one-half the cost of a new permit at the current rate. No more than two six-month extensions shall be permitted for a single project. Building permits shall be sun-setted (e.g., no longer valid) pending for more than 730 days (two years) without proof of extraordinary circumstances preventing construction.

Uses shown in this category (site plan review uses) for each district are required first to comply with review by the Zoning Board of Appeals as set forth in Article XXI. All applications for such uses shall be referred by the Zoning Enforcement Officer to the Zoning Board of Appeals. After compliance with Zoning Board of Appeals review per Article XXII, the application shall be returned to the Zoning Enforcement Officer for action.

If a use is shown in both the site plan review uses and the special permit uses categories, the Zoning Enforcement Officer shall refer such an application first to the Zoning Board of Appeals for its review and action.

Purpose and intent. The Agricultural District is intended to conserve rural portions of the Town that are characterized by farms and agricultural operations, including residential development that is ancillary to farming and compatible with low-density residential development. The preferred land use in this district is agriculture and agricultural infrastructure. Properties within this district rely on individual on-site systems for the essential provision of water supply and septic disposal. Therefore, in order to ensure adequate separation of these essential systems to eliminate their potential for contamination and to prevent any undue burden upon the natural environment and landowners, the required minimum residential lot size is the largest within the Town and is "farm-based" in nature, meaning that the size of residential structures may require a larger lot size. The large lot is intended to promote separation of farms and unrelated residential uses to protect both activities from the potential adverse effects each has upon the other while, at the same time, allowing for affordable housing within portions of the district that are not necessarily viable for farming. The overall level of development within this district is encouraged to be maintained at a low intensity so that the cumulative effects of development are able to be absorbed within the existing unimproved environmental conditions of the area.

Uses permitted by right with building permit as required shall be as follows:

Uses permitted upon site plan review (see Article XXI) are as follows:

Uses permitted upon issuance of special permit are as follows (See § 139-96C):

Supplemental regulations shall apply as follows:

Farm, forestry or wildlife management areas.

Residential structures and uses.

Nonresidential uses and structures.

Purpose and intent. The A-R District is intended for undeveloped portions of the Town in proximity to areas already developed for residential purposes and is likely to be developed for suburban-type development in proximity to existing services within villages or the city. The district is intended to accommodate the continued use of existing farms and to allow for some minimal residential development in appropriate locations (e.g., within proximity to existing or proposed water infrastructure but not within proximity to existing or proposed wastewater infrastructure extensions). Residential land use within this district will rely on individual on-site septic systems for wastewater disposal within the estimated planning horizon of 10 years. Therefore, residential lots in this district are larger than the R-1 District to ensure that wastewater effluent does not burden local groundwater supplies. A secondary rationale is to discourage the premature extension of public sewer infrastructure.

Uses permitted by right with a building permit as required shall be as follows:

The following uses are permitted upon site plan review (see Article XXI):

Uses permitted upon issuance of special permit are as follows (see § 139-96C):

Supplemental regulations shall apply as follows:

Farm, forestry or wildlife management areas:

Residential structures and uses.

Nonresidential uses and structures.

Purpose and intent. The Rural Hamlet Zoning District is intended to serve residents within a hamlet or similarly developed setting with limited "neighborhood style" retail, personal or service-oriented services. This district may include a mix of the aforementioned services with higher density residential development within an existing or planned water district. Small commercial businesses less than 2,500 square feet may be in proximity to residential uses, and large-scale businesses of traffic-intensive uses will be discouraged. The interspersing of residential uses in "traditional neighborhood design" is encouraged, including first-floor commercial with second-story residential or professional office space, to enhance or maintain a balanced neighborhood character.

Uses permitted by right with a building permit as required shall be as follows:

Uses permitted upon site plan review are as follows (see Article XXI):

Uses permitted upon issuance of a special use permit (see § 139-96C):

Prohibited uses are as follows:

Supplemental regulations shall apply as follows:

Residential structures and uses.

Nonresidential uses and structures.

Purpose and intent. This district is designed to encourage residential development in conjunction with the provision of public water and sewer services. It is to be applied to areas either currently served with public water and sewer services or to sites that are likely to be serviced by public water and sewer as proposed in short-term (five- to ten-year) plans for the provision of essential water and sewer facilities. Provision for open space protection and/or recreation may be provided on an individual site or neighborhood basis. It is intended to promote the formation of neighborhoods in a moderate-density suburban setting as a logical extension to city and village population centers and to promote logical and efficient infrastructure. This district is intended to avoid inefficient land use patterns to avoid and minimize impacts to significant environmental features, agriculture and opens space. It is furthermore intended to accommodate the continued use of limited groups of existing lots which preexist zoning codes and which lack either public water or sewer services.

Uses permitted by right with a building permit as required shall be as follows:

The following uses are permitted upon site plan review (see Article XXI):

Uses permitted upon issuance of a special permit are as follows (see § 139-96C):

Supplemental regulations shall apply as follows:

Residential structures and uses.

Nonresidential uses and structures.

Purpose and intent. This district is intended to provide a full range of wholesale, retail, personal, professional and office services in a well-designed setting. It is primarily to serve as a commercial extension of the Village Central Business District and is intended to serve residents throughout the Town. Uses in this area will rely on adequate access to the state highways system to accommodate employee and business-oriented trips. The district is intended to be situated along State Route 5 on sites that provide sufficient area for buffering from adjoining residential or agricultural land uses.

Uses permitted by right with a building permit as required shall be as follows:

Uses permitted upon site plan review are as follows (see Article XXI):

Uses permitted upon issuance of a special permit (see § 139-96C):

Prohibited uses are as follows:

Supplemental regulations shall apply as follows:

Lots shall meet the following requirements:

Principal structures and accessory structures shall meet the following requirements:

Purpose and intent. This district is intended for commercial and manufacturing uses that need good highway access and large site areas for buildings, structures, outdoor storage, display or operation. This district is also intended for uses that focus on the movement, storage or processing of raw materials or semi-finished goods to major transportation routes. Retail or nonretail uses that are not reliant upon close proximity to residential areas and which are not generally compatible with residential uses are encouraged in this district. Good access to major transportation routes and separation from and buffering to residential uses is to be encouraged.

Uses permitted upon site plan review (see Article XXI) are as follows:

Uses permitted upon issuance of a special permit (see § 139-96C):

Prohibited uses are as follows:

Supplemental regulations shall apply as follows:

Lots shall meet the following requirements:

Principal structure and accessory structures shall meet the following requirements:

Fire and explosion hazards. There shall be no activities or storage involving inflammable and explosive materials without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices. There shall be no burning of waste materials. There shall be no storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground storage except in accordance with all New York State regulations. All such tanks having a capacity of 10,000 gallons or more shall be properly diked with dikes having a capacity equal to 1 1/2 times the capacity of the tanks or tanks surrounded.

Radioactivity. There shall be no activities which emit radioactivity dangerous to health or adversely affecting the operation of any equipment.

Water and air pollution. There shall be no emission into the atmosphere of fly ash, dust, fumes, vapors, gases and other forms of air pollution which can cause damage to life or property or discharge into any sewage-disposal system, or stream, or into the ground of any materials of such a nature or temperature as can contaminate any watercourse, or supply, or can cause any dangerous or unhealthy condition except upon approval of applicable state and or local agencies having jurisdiction to regulate such air or water pollution.

Heat, cold movement of air or dampness. There shall be no activities that produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.

Purpose and intent. The purpose of this section is to accommodate and promote a pattern of land development that maintains the functional capacity of the highway system and maximizes highway safety and efficiency to accommodate the future land use needs of the community. The intent is to direct land use adjacent to major highways in the Town according to the volume and speed of traffic that is appropriate to the adjoining land use. This section intends to balance the use and design of abutting properties with highway function to protect both from the adverse effects of each other.

Applicability.

Exceptions.

Arterial highways.

Collector roads.

Purpose. The purpose of this overlay district is to delineate areas of the Town which are characterized by important natural features, including, but not limited to, floodplains, wetlands, stream corridors and unique aesthetic areas.

Review process. The Land Conservation District is an overlay. The uses in the underlying districts are permitted subject to Zoning Board of Appeals review. The review process for this district has two parts. The first step is a determination of the presence and importance of natural features on the proposed development site. If no important natural features are present [i.e., the site is outside the 100-year floodplain (or does not impact an important natural feature)], detailed review by the Zoning Board of Appeals is not required. If a project falls within a conservation overlay and a sensitive natural condition exists, further review is required.

Determination of presence and significance.

Procedures for actions in floodplain areas. The provisions of this chapter shall apply to any use or structure located in a floodplain. Such use or structure must also conform to Chapter 68, Flood Damage Prevention.

PUD: Planned Unit Development.

PDD: Planned Development District.

PDET: Planned Development Entertainment and Tourism District.

Legislative intent. Planned unit development [PUD, PDD or PDET (or any future PID, Planned Industrial District, considered); hereafter, generally referred to as “PUD”] in the Town of Vernon is determined to be beneficial to the community by concentrating development in a given area, thus conserving the open space and rural character of the community. PUD provides for a more coordinated and unified approach to development within the community in lieu of segmented utilization of land that occurs on a "lot-by-lot" basis. PUD reduces the amount of infrastructure required for land development and the cost of infrastructure maintenance necessary to serve the community. PUD provides flexibility and encourages a variety of land uses and innovative design techniques that otherwise would be restricted by standard use and area regulations contained within the Town of Vernon Zoning Law. Planned unit development shall be encouraged within a floating zone as indicated on the official Town of Vernon Zoning Map, adopted August 22, 2007.

Legislative purpose. The Town of Vernon, Oneida County, New York hereby finds and determines that:

Special definitions. As used in this article, the following terms shall have the meanings indicated:

Authority. In addition to any other powers and authority to plan and regulate by zoning, the Town of Vernon hereby enacts requirements for the review of planned unit development plans and the establishment and simultaneous mapping of planned unit development districts pursuant to the provisions of this article.

Elements of approval. The Town Board shall forward the request for a zone change to PUD/PDD/PDET (hereafter referred to as PUD) to the Zoning Board of Appeals, which shall review a preliminary plan and/or general project plan and make a recommendation to the Town Board to approve or deny the pending application for zone change. Request for a zone change to PUD for a land area greater than 50 acres will require the submission of a general project plan that identifies and addresses all of the issues relevant to SEQRA. Approval of a change in zoning designation is to PUD based upon the general information listed below and shall be granted by the Town Board, based upon a favorable recommendation by the Town of Vernon Zoning Board of Appeals.

Compliance with New York State Environmental Quality Review Act (SEQRA). In its review and approval of applications to create planned unit development districts pursuant to this article, the legislative body shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. It is the preference of the Town of Vernon to issue a zone change to PUD/PDD/PDET after the developer submits a preliminary planned unit development plan or general project plan in the form of a generic environmental impact statement to ensure that the proposed project is compatible with the land area and infrastructure surrounding the general project location and to ensure that necessary mitigating factors are evaluated prior to approving a change in allowable land use and density of development.

Methods of procedure. The Vernon Town Board may approve all changes to planned unit development zoning designation after the completion of a review and recommendation from the Town of Vernon Zoning Board of Appeals. The Town of Vernon will consider the following methods of procedure for the review and approval of planned unit developments:

When effective. This section shall take effect upon its filing in the office of the Secretary of State of the State of New York, and the Clerk is hereby directed to file such local law immediately.

Uses within a PDET shall be divided into three categories:

Permitted uses.

Uses permitted by administrative permit.

Uses permitted by temporary event permits.

All applications for an administrative permit or a temporary event permit shall set forth:

To the extent any activity regulated hereunder is also under the regulation of the Department of Health of State of New York or the County of Oneida, notification of the County Health Department and compliance by the applicant with the regulations of such departments shall be deemed compliance with this chapter but only if such State or County Health Department has promulgated a regulation governing the activity in question.

Applications for permits shall be on forms specified by the Town.

Fees. Applications for administrative use permits shall be accompanied by a fee as set by resolution of the Town Board issued to the Town Clerk in two separate checks as set by resolution of the Town Board and for temporary event use permits a fee issued to the Town Clerk in two separate checks. One half of each application fee shall be refunded to the applicant upon the completion of the use in question in substantial compliance with all applicable federal, state, county and Town laws, ordinances, rules and regulations, and also having complied substantially with all representations made by the applicant with respect to the nature and extent of the use for which a permit was granted.

Insurance and bonds. No permit shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy insuring the Town against liability for damages to person or property with limits of not less than $1,000,000 for bodily injury or death, and limits not less than $500,000 for property damage, sufficient in form to save the Town harmless from any liability or causes of action which might arise by reason of granting of the permit or any inspections, review or other involvement on the part of the Town having to do directly or indirectly with the issuance of the permit or activities conducted by virtue of the permit.

Applications for permits. Applications for administrative use permits shall be submitted at least 90 days, and for temporary event use permits at least 180 days, before the first use for which the permit is sought is to commence. Every application will be signed by the applicant with name, address, and description of the signer authority to make the application.

Processing application. The Zoning Enforcement Officer of the Town shall grant, deny, or grant with conditions any application for administrative permit within 10 days of the filing of application. If the application is denied or granted with conditions, the applicant shall have five days to apply for a review of such determination to the Zoning Board of Appeals, which request for review shall be delivered to the Clerk of the Zoning Board of Appeals on or before the expiration of such five-day period, whereupon the Zoning Board of Appeals is authorized to make such determination as the Zoning Enforcement Officer should have made. The Zoning Board of Appeals's determination shall be made within 45 day of the application for review.

Applications for a temporary event permit shall be made 180 days before the first use for which the permit is sought. The Zoning Enforcement Officer shall have 60 days to consider the application and request further details from the applicant and seek information or recommendations from other public authorities such as police, fire, health and transportation agencies. If the Code Officer denies the application or issues it with objectionable limitations, the applicant shall have 20 days to file an appeal, specifying objections, to the Town Zoning Board of Appeals, which shall affirm, reverse, or modify the Code Officer's determination within 45 days of the filing of the appeal.

Attendance.

Secure perimeter.

Traffic.

Police, fire and emergency health services.

Notification of County and State Police and transportation services. Upon receipt of the applicant's application, the Code Officer will send a copy to the NYS Department of Transportation, the Oneida County Department of Transportation, the NYS Health Department, the Oneida County Health Department, the NYS Police, and the County Sheriff's Office to solicit recommendations from those offices as to the feasibility of the plan and to make any recommendation to enhance the plan.

Minimum space. The application shall show a minimum of 50 square feet per person in attendance in the area where those persons are expected to congregate. For example, if a concert place set aside for the audience, the applicant will provide a survey map drawn to scale, showing the area where the people will convene, and making the calculation of the space allotted per person in attendance so as to meet the fifty-square-foot-per-person criterion.

For the purpose of these noise control provisions, certain terms are defined as follows:

None of the uses in the PDET, whether permitted or permitted under an administrative permit or temporary event permit, shall produce a noise level more than 90 dB more than 150 feet from the source of the noise. The owner shall measure and record noise level data and shall keep such recorded noise data available for at least one calendar year or submit such data to the Zoning Enforcement Officer for storage. When requested by the ZEO, the owner shall provide access to the facility by the ZEO for observation of noise level monitoring and for the conduct of independent noise level monitoring by the ZEO. Noise level data shall be recorded and maintained only with respect to intentionally amplified sound such as music or loudspeaker emanations and shall be measured within 150 feet of the source.

The following noise sources shall be exempt from this noise restriction:

The planned development process consists of two basic steps: first, the change of zoning district designation; second, review of the specific site plans for the area as set forth in Article XXI.

Any change to a planned development (PD) district shall be based on a specific development proposal. Although the designation for all planned development will be PD, each district will reflect the type of use which was the basis for the zone change (i.e., PUD, PDD, or PDET).

Application fee. Application for the establishment of one of the planned development districts shall be made to the Town Board. Each application shall be accompanied by a fee as set by resolution of the Town Board. The Town Board shall refer the application and all application materials to the Town Zoning Board of Appeals within 15 days of the application.

Submission requirements. Application to the Town Board must include a petition for the zone change. The applicant must provide proof of full legal and beneficial ownership of property or proof of an option or contractual right to purchase the property. The preliminary plan shall include, but not be limited to, the following:

Review criteria. In considering the application for the creation of a planned development district, the Zoning Board of Appeals may require such changes in the preliminary plans and specify such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the community. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Zoning Board of Appeals shall consider, among other things, the following:

Zoning Board of Appeals action. Establishment of a planned development district is a rezoning action and may be subject to the state environmental quality review process (SEQR). Therefore, the Zoning Board of Appeals should make a two-part recommendation to the Town Board as part of this process.

The resolution required by Subsection D(2) of this section shall be filed with the Town Clerk and shall be available during regular office hours for inspection by any interested person.

Upon the filing of such resolution with the Town Clerk, the Town Board shall, within 30 days, hold a public hearing on said proposal after giving the public notice required by law.

The Town Board may thereafter amend this chapter so as to establish the proposed planned development district and define the boundaries thereof. Such action shall have the effect only of establishing a planned development district for the use proposed by the applicant. Such amendment of this chapter shall not constitute or imply a permit for construction or final approval of plans.

In the event that construction has not commenced within two years from the date that the Zoning Map amendment establishing the planned development district became effective, the Zoning Board of Appeals may so notify the Town Board and the Town Board may, on its own motion, institute a Zoning Map amendment to return the planned development district to its former classification pursuant to Article XXIV of this chapter.