The location of the mobile home is temporary and shall exist only for the purpose of serving as a dwelling unit for a person or persons of the immediate family occupying a permanent residence on the same parcel. For the purpose of this article, "immediate family" is limited to mother, father, brother, sister, son, daughter, mother-in-law, father-in-law or grandparent(s). The Board of Appeals, in considering an application for such a temporary mobile home permit, shall determine that:

If the Zoning Board of Appeals determines that the above criteria have been met, it may issue a two-year temporary permit. Said temporary permit may be renewed for additional two-year periods upon a determination by the Zoning Enforcement Officer that the applicant is complying with all conditions under which the permit was originally issued.

No permanent addition, other than an enclosed entryway or storage building, shall be permitted for a temporary mobile home for a family member.

Within 30 days of such time as the mobile home is no longer used for the immediate family member for whom the original temporary permit was granted, the owner of the parcel on which the mobile home is located shall notify the Zoning Enforcement Officer that such condition exists.

Within a reasonable time period, not to exceed 60 days (unless an additional sixty-day extension is granted by the CEO/ZEO) from when the temporary mobile home is no longer used for the purpose for which the permit was granted, the owner of the parcel on which the mobile home is located shall remove or cause to be removed the temporary mobile home from the parcel.

The location of the mobile home is temporary and in conjunction with an operating farm and shall exist only for the purpose of serving as a dwelling unit for a person or persons principally employed in the operation of the farm. The Board of Appeals, in considering an application for such farm-related mobile home, shall determine that:

If the Zoning Board of Appeals determines that the above criteria have been met, it may issue a one-year temporary permit.

No permanent addition, other than an enclosed entryway or storage building, shall be permitted for a farm-related mobile home.

Within 30 days of such time as the mobile home is no longer used as a dwelling unit for a person or persons principally employed in the operation of the farm on which the mobile home is located, the owner of the farm shall notify the Zoning Enforcement Officer that such condition exists.

Within a reasonable time period, not to exceed 60 days (unless an additional sixty-day extension is granted by the CEO/ZEO) from when the farm-related mobile home is no longer used for the purpose for which the permit was granted, the owner of the farm on which the mobile home is located shall remove or cause to be removed the mobile home from the parcel.

The location of the mobile home is temporary and shall exist only for the purpose of serving as a dwelling unit during the construction or reconstruction of a permanent dwelling unit. The Board of Appeals, in considering an application for such a temporary mobile home permit, shall determine that:

If the Zoning Board of Appeals determines that the above criteria have been met, it may issue a one-year temporary permit. Said temporary permit may be renewed for not more than four additional one-year periods upon due cause shown by the applicant.

No permanent addition, other than an enclosed entry or storage building, shall be permitted for a temporary mobile home.

Within 30 days of such time as a certificate of occupancy is issued for the permanent dwelling or the expiration of the temporary mobile home permit or any extension thereof, whichever shall occur first, the owner of the parcel on which the mobile home is located shall remove or cause to be removed the temporary mobile home from the parcel.

This section shall repeal and replace § 139-108 of the Town of Vernon Zoning and Land Use Code within Article XXVI, titled "Regulations for Specific Uses."

All signs shall be maintained in a safe and neat condition.

No sign shall encroach on a public right-of-way or on public property without written authorization from the permitting agency or entity responsible for operation and maintenance of the public property or right-of-way.

Any new "off-premises" sign permits shall be issued by the Town Code Enforcement Officer in accordance with this section and upon payment of a fee as set by resolution of the Town Board and shall be collected by the Town Code Enforcement Officer.

No sign shall be taller than 15 feet above grade. Signs may be taller than 15 feet above grade only with Zoning Board of Appeals approval.

No sign shall be illuminated so as to constitute a hazard to safety or health, or to distract motorists on public highways, or so as to affect adversely neighboring property or the occupants thereof.

Maximum sign size as set forth herein refers to the size of the face of the sign and does not include the base or structure of the sign.

If a sign is double-sided, the area of the larger side shall be considered for compliance with maximum sign area.

If this section is interpreted to conflict with New York State sign regulations, the New York State regulations shall control.

In the case of a sign requiring a New York State Department of Transportation (DOT) permit, such permit shall be presented to the Code Enforcement Officer and Zoning Board of Appeals prior to the issuance of a Town permit.

In residential zoning districts, there shall be permitted one sign in connection with the permitted use of the premises or activities carried on within the confines of the premises. The sign must be located on the parcel where the use is conducted.

Such on-premises sign shall have a maximum size of 12 square feet (six square feet for home occupations).

Electronic and illuminated signs are prohibited in residential districts.

Signs in residential districts shall be no closer to the road than 1/2 of the required zoning frontage.

Also permitted shall be one sign no larger than 12 square feet advertising the sale or rental of the property on which it is located.

All signs allowed in residential districts are allowed in agricultural districts, except that on-premises signage larger than 12 square feet will be allowed with Zoning Board of Appeals approval.

Illuminated signs are allowed in agricultural districts only with Zoning Board of Appeals approval.

In addition to an on-premises sign, on property 10 acres or more, with a minimum road frontage of 300 feet, along New York State highways, there shall be permitted one sign per tax parcel relating to a business conducted off premises.

The aforesaid off-premises sign shall have a maximum size of 32 square feet, its width shall not exceed its height by more than a factor of two, it shall conform to a one-hundred-foot side-yard setback, and it shall be set back from the road at least 1/2 of the required zoning frontage.

Off-premises signage may not be located within 150 feet of any other off-premises sign or any residence.

The area of the sign shall not exceed one square foot for each linear foot of the business building frontage.

Where a building has frontage on more than one street, there may be one sign for each street frontage.

In the case of a sign consisting of letters or devices painted on or applied to the building, the area of the sign shall be taken as the area required to circumscribe all such letters or devices.

Where a business or type of business is ordinarily identified by a freestanding sign or advertising device, such as a restaurant, one sign or device, in addition to a sign or signs attached to the building, may be permitted on approval of the Zoning Board of Appeals.

In the case of a sign or device attached to a building at right angles and designed to be read from both sides, the area of one side only need be counted.

No sign or device shall overhang any public street or right-of-way.

No sign or device shall be illuminated so as to constitute a hazard to safety or health, or to distract motorists on public highways, or so as to affect adversely neighboring property or the occupants thereof.

By order of the Vernon Town Board, a violation of this section shall be punishable by a fine of $100 per day that the violation continues to exist after written notice to the owner of the property on which the sign is located.

If a violation of this section is found by a local or state court, the Town's remedies shall include removal of the offending sign.

Such home occupation is customarily carried on in a dwelling unit; and

Such home occupation is carried on by a member of the family residing in the dwelling unit; and

Such home occupation conforms to the following additional conditions:

No junkyard shall be located within 25 feet of any adjoining property line; 50 feet of any public park, church, educational facility, nursing home, right-of-way of any public road or public building or other place of public gathering; or 200 feet of any stream, lake, pond, wetland or other body of water.

There must be erected and maintained an eight-foot fence enclosing the entire junkyard with a locking gate. The fence must be adequate to prevent the entrance of children and others into the area, to screen the yard from view from the street or adjoining property and to contain the junk safely within.

The aforesaid requirements are in addition to the requirements of any recodification thereof.

Is necessary to meet current or expected demands for service;

Conforms to all applicable regulations promulgated by the Federal Communications Commission, the Federal Aviation Administration and other federal agencies;

Is considered a public utility in the State of New York;

Is designed and constructed in a manner which minimizes visual impact to the extent practical;

Complies with all other requirements of this chapter, unless expressly superseded herein;

Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility;

When including the construction of a tower, such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower. However, the additional equipment will require Town staff review.

In all zoning districts, a tower special use permit, per §§ 139-119 and 139-120, and site plan review as set forth in Article XXI of the Town Zoning Law.

In addition to a State Environmental Quality Review Act (SEQRA) full environmental assessment form (EAF), the Zoning Board of Appeals may require a visual assessment form (visual EAF/SEQRA form) as an addendum to the full EAF for telecommunications facilities proposed at key viewpoints in the community. The Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF.

The tower must be set back a minimum of the height of the tower from all property lines and any existing building.

The maximum height of a tower in all zoning districts is 195 feet. An area variance for height will be required from the Zoning Board of Appeals to exceed this height, following initial approval by the Zoning Board of Appeals.

Towers shall be located on individual parcels of land and have free access for maintenance purposes.

Town-supplied permit application form.

Proof of notification (certified mail return receipts to be given to the Town by the applicant) of all property owners within 500 feet of the boundaries of the property on which the tower is to be constructed.

Appropriate fee. (See the Town fee schedule in § 139-124.)

Site plan application forms, including long-form EAF.

Site plan, in form and content acceptable to the Town according to Article XXI of the Town Zoning Law, prepared to scale and in sufficient detail and accuracy, showing at a minimum:

"Before" and "after" propagation studies prepared by a qualified radio frequency engineer (signed and sealed by a professional engineer registered in the State of New York), demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.

A search ring prepared by a qualified radio frequency engineer (signed and sealed documents by a professional engineer registered in the State of New York) and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Zoning Board of Appeals why it selected the proposed site, discuss the availability or lack of availability of a suitable structure within the search ring which would have allowed for a co-located antenna(s), and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.

The Zoning Board of Appeals may require that the proposed telecommunications facility be located in an alternate technologically feasible and available location. A guideline for the Town's preference, from most favorable to least favorable districts/property, is as follows:

The Zoning Board of Appeals may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design.

The Zoning Board of Appeals may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.

The Zoning Board of Appeals can request additional site plan requirements such as specially designed towers, additional screening, greater setbacks and improved landscaping to address aesthetic concerns.

The Zoning Board of Appeals may require the applicant to show that he has made good-faith efforts to co-locate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances.

Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Towers shall be of a nonreflective finish, the color of which shall be subject to approval. Any lights which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.

No tower shall contain any signs or advertising devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.

The applicant must submit a copy of its policy regarding collocation with other potential future applicants on the proposed tower. Such policy must allow collocation.

A road turnaround and one parking space shall be provided to ensure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower's or antenna's accessory structures is prohibited.

All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism.

The applicant must comply with all applicable state and federal regulations, including, but not limited to, FAA and FCC regulations.

Antennas used solely for residential household television and radio reception.

Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.

Location of the tower on the site, including the maximum height of turbine components during use (e.g., blade tip for horizontal-axis device), and ground clearance of moving components (e.g., blades) and tower heights, including blades, rotor diameter and ground clearance.

All utility lines, both above and below ground, within a radius from the tower base equal to the proposed tower height, including blades.

Dimensional representation of the various structural components of the tower construction, including the base and footings.

Design data indicating the basis of the design, including manufacturer's dimensional drawings, installation and operation instructions.

Certification by a licensed professional engineer and manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures.

Name and address of the applicant.

Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such an application.

A development plan drawn in sufficient detail to clearly describe:

Size. Only PWECS whose swept area is 500 square feet or less shall be permitted. For conventional propeller PWECS, this would be a diameter of approximately 25 feet.

Compliance with the New York State Building and Construction Code.

Compliance with National Electrical Code.

Rotor safety. Each PWECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State licensed engineer certifying that the rotor and overspeed controls have been designed and fabricated for the purposed use in accordance with good engineering practices. The engineer must also certify the compatibility of towers with available rotors.

Guy wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high or the PWECS shall be set back from the property line the total height of the PWECS.

Tower access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either:

Electromagnetic interference: A PWECS shall comply with the provisions of 47 CFR, Parts 15 and 18. The PWECS shall be operated such that no harmful interference is caused. When notified by the Zoning Enforcement Officer that a wind energy conversion system is causing harmful interference, the operator shall promptly take steps to eliminate the harmful interference.

Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall also include:

Utility notification. No wind turbine shall be interconnected with a utility company's grid until said company has been notified and written approval has been received from said utility company.

Height. It is recognized that wind turbines require greater heights to reach elevations with wind currents reasonably adequate to generate energy. An on-site-use wind energy conversion system shall not exceed a total height of 100 feet for single-family residential applications (less than or equal to 25 kW) and shall not exceed a total height of 150 feet for nonresidential applications [i.e., farm, small business, etc. (less than or equal to 125 kW)] from the ground to the top of the highest point of blade height (tip) as extended at its highest vertical point, provided that the application includes specific evidence that the proposed total height does not exceed the height recommended by the manufacturer or distributor of the on-site-use wind energy conversion system.

Setbacks. Wind energy conversion systems shall comply with all setbacks within the affected zone. However, in addition, all on-site-use wind energy conversion systems shall be set back a distance equal to the height of the tower plus blade length plus an additional 25 feet from all property lines, public roads, power lines and preexisting and future structures. Additional setbacks may be required by the reviewing board in order to provide for the public's safety, health and welfare, including the possibility of ice thrown from the blades.

Decommissioning. The applicant shall submit to the Zoning Board of Appeals a letter of intent committing the owner, and his or her successors-in-interest, to notify the Code Enforcement Officer within 30 days of the discontinuance of the use of the on-site-use wind energy conversion system. This letter of intent shall be filed with the Zoning Board of Appeals prior to the issuance of a special permit. The owner shall remove the obsolete or unused wind turbines and accessory structures within one year of such notification. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this section, and the cost of removing the on-site-use wind energy deriving tower and accessory structures shall be placed as a lien on the property owner's tax bill. In addition, a reclamation bond shall be filed with the Town Clerk to cover the costs of reclamation of the tower. Should the wind energy conversion system be nonoperational for any continuous six-month period, the approvals granted shall be deemed void, and the wind energy conversion system shall be decommissioned subject to a new approval under this section. Such bond shall be in place prior to the issuance of a building permit.