Vernon Town City Zoning Code
PART 3
Bulk Requirements
§ 139-37 Applicable regulations.
Regulations governing lot area and lot width; front, side and rear yards; building coverage and building height are as specified in Article IV through Article IX. All permitted uses are subject to the regulations appearing in Article IV, Article V, Article VI, Article VII, Article VIII, Article IX, Article X, and Article XI, and additional regulations as follows.
§ 139-38 Nonconforming lots.
Any lot with an area or a width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimensional requirements.
In the event that compliance with the yard and coverage requirements of the district would result in a residential structure of a width less than 24 feet, the Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.
§ 139-39 Encroachments and minimum lot area.
The minimum yards and open spaces, including lot area per family, required by this chapter for any building existing at the time of adoption of this chapter or for any building hereafter erected or structurally altered shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirement of this chapter.
§ 139-40 Corner lots.
On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets and shall be 150% larger in land area than a standard lot, as set forth in § 139-71C. Corner lots within a Highway Overlay District shall have equal front yard setback as those required for the overlay district. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a zoning permit. The Board of Appeals shall determine the yards and building width of a corner lot of record at the time of the passage of this chapter if the yard requirements would result in a residential structure less than 24 feet wide.
§ 139-41 Transition yard requirements.
Where two districts abut on the same street between two intersecting streets and the front yard requirements of one district are less than those of the other district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to the average required depth in the two districts.
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restrictive district.
§ 139-42 Exception to transition yard requirements.
Where two districts abut on the same street between two intersecting streets and the front yard requirements of one district are less than those of the other district, and one or both districts are within the H-O Highway Overlay District, the highway overlay controls will take precedence over either district.
§ 139-43 Projecting architectural and landscape features.
The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than 30 inches into any required yard.
A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure exceeding six feet in height.
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches or porches open at the side but roofed shall be considered a part of the building.
An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
In any district, no fence, hedge, or wall shall exceed four feet in height in any front yard, or six feet in height in any side or rear yard, and provided further that such fence, hedge, or wall shall be no closer to any lot line than three feet. The decorative or finished side of any fence shall face outward from the lot.
No wall, fence, landscape structure, grading, or drainage activity shall cause a diversion of drainage to adjoining public or private property.
Barbed wire or other fences maintained by a farmer for the purpose of fencing a field or pasture to enclose crops, livestock, or other agricultural uses, including woodlots, are exempt from this § 139-43 in that such a fence may be constructed and maintained on the property line so long as it does not encroach on an enjoining landowner's property.
[Added 5-14-2012 by L.L. No. 2-2012]
§ 139-44 Exceptions to height limitations.
The height limitations of this chapter shall not apply to farm structures, silos, belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; nor to chimney's, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the root level; nor to flagpoles, monuments, transmission towers and cables, radio and television antennas or towers and similar structures. Such features however shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure which extends above the roof limitations.
§ 139-45 Accessory buildings, structures and outdoor appliances.
No accessory structure shall be permitted without the presence of an approved principal structure.
Farm structures shall be exempt from the provisions of this section except for front yard setbacks in the A and AR Zoning Districts.
Number. There shall not be more than two accessory buildings on each parcel intended or used for residential purposes.
Height. For R-1 Residence Districts, the maximum height of accessory buildings shall not exceed the height of the principal structure.
Attached accessory buildings in residence districts. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
Outdoor wood-fired boilers (OWBs) are prohibited outside of the Town's Agricultural (A) Zoning District.
Accessory buildings in Commercial and Manufacturing Districts. Non-dwelling accessory buildings shall comply with front and side yard requirements for the principal building to which they are accessory and shall be not closer to any rear property line than 10 feet.
No outdoor appliance shall be located within 500 feet of a neighboring residence or be located in a manner that impacts the air or water quality of adjoining property.