ZONING REGULATIONS. Town of Colchester Zoning and Planning Commission 127 Norwich Avenue Colchester, CT 06415

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1 ZONING REGULATIONS Town of Colchester Zoning and Planning Commission 127 Norwich Avenue Colchester, CT ORIGINAL EFFECTIVE DATE: JANUARY 1,1959 AMENDED TO: JUNE 1, 2010

2 COLCHESTER ZONING REGULATIONS TABLE OF CONTENTS SECTION PAGE RECORD OF TEXT AMENDMENTS 3 SEC 1. TITLE, AUTHORITY, AND PURPOSE 4 SEC 2. DEFINITIONS 4 SEC 3. GENERAL PROVISIONS AND PROCEDURES 14 SEC 4 ZONING DISTRICTS, USES AND DIMENSIONAL REQUIREMENTS: 24 4.A. (R-60) RURAL RESIDENTIAL DISTRICTS 24 4.B. (R-40) SUBURBAN RESIDENTIAL DISTRICTS 26 4.C. (R-30) URBAN RESIDENTIAL DISTRICTS 28 4.D. (R-30A) SPECIAL URBAN RESIDENTIAL DISTRICTS 30 4.E. (R-15) RESIDENTIAL DISTRICTS 32 4.F. (C) GENERAL COMMERCIAL DISTRICTS 33 4.G. (B) BUSINESS DISTRICT 36 4.H. (I) INDUSTRIAL DISTRICTS 38 4.I. (TB)TRANSITIONAL BUSINESS DISTRICTS 40 4.J. (R-80) RURAL RESIDENTIAL DISTRICTS 42 4.K. RESIDENTIAL DEVELOPMENT FLEXIBILITY FOR OPEN SPACE PRESERVATION 44 4.L. RESIDENTIAL DEVELOPMENT FLEXIBILITY FOR HOUSING DIVERSITY 46 4.M. (BP) BUSINESS PARK DISTRICTS 47 SEC 5. HISTORIC PRESERVATION OVERLAY ZONE (HPOZ) 55 SEC 6. AQUIFER PROTECTION ZONE 59 SEC 7. FLOOD HAZARD OVERLAY DISTRICTS 63 SEC 8. OUTDOOR LIGHTING 65 SEC 9. NOT USED AT THIS TIME 68 SEC 10. NOT USED AT THIS TIME 68 SEC 11. SPECIAL EXCEPTIONS 69 SEC 12. SITE PLAN REQUIREMENTS 85 SEC 13. SUPPLEMENTARY REGULATIONS 101 SEC 14. NON-CONFORMING LOTS, BUILDING AND USES 107 SEC 15. PARKING REQUIREMENTS 109 SEC 16. SIGNS 116 SEC 17. PENALTIES 127 SEC 18. ZONING BOARD OF APPEALS 127 SEC 19. AMENDMENTS 130 SEC 20. SEPARABILITY 130 SEC 21. (RESERVED FOR FUTURE USE) 130 TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 1

3 SEC 22. CHANGE OF USE 130 SEC 23. INSPECTION AND ENFORCEMENT 130 SEC 24. STANDING 131 APPENDIX A THE SECRETARY OF THE INTERIOR S STANDARDS FOR REHABILITATION AND GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS 132 APPENDIX B MAINTAINED HORIZONTAL ILLUMINANCE RECOMMENDATIONS 133 APPENDIX C AVERAGE ILLUMINANCE LEVELS FOR SERVICE STATIONS/ GAS PUMP AREAS 134 APPENDIX D.1 EXAMPLES OF ACCEPTABLE AND UNACCEPTABLE LIGHTING FIXTURES 135 APPENDIX D.2 EXAMPLES OF ACCEPTABLE AND UNACCEPTABLE LIGHTING FIXTURES 136 APPENDIX D.3 EXAMPLES OF ACCEPTABLE AND UNACCEPTABLE LIGHTING FIXTURES 137 TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 2

4 RECORD OF TEXT AMENDMENTS Amd No. Appl. No. Approval Date Effective Date Section Amended Summary of Amendment 001 RC# B.3.15 Adds section to allow Riding Stables per special exception and reduce allow the Zoning Commission to reduce the side yard building setback to not less than 25 feet. 002 RC# /15/ RC# /1/ through C Allows the Commission to permit Elderly Housing where property is partially in the existing sewer and water service area and connected to system subject to conditions. To address the Statutory requirements of CGS and placing jurisdiction under Zoning Commissions and renumber the Section. 004 RC# /21/05 1/15/06 4M Business Park Zone District Regulation. 005 RC# /21/05 1/15/06 2.3, 4F, 4G, 4H, 4I, 4D, 11.21, 13, RC# /21/05 1/15/06 4A.4.9, 4B.4.9, 4C.4.9, 4D.4.9, 4E.4.9, 4J.4.9 Various permitted uses, impervious coverage, flag lot creation, building height in non-residential zones. Density in Sections 4A.4.8, 4B.4.8, 4C.4.8, 4D.4.8, 4E.4.8, 4J.4.8 shall not apply to Subdivisions or resubdivision of 3 lot or less provided the lot was not apart of a subdivision or resubdivision approved by the commission. 007 RC# /15/06 3/23/06 4F.3.16 Section 4F.3.16 crematoria are permitted only as an accessory use to funeral homes or mortuaries in C - General Commercial Zone Districts. 008 RC# /16/06 9/15/06 2.3, 16 Section 16 New Sign Regulations 009 RC# /16/06 9/15/06 2.3, 8, & Appendix B through D RC# & 205 5/5 & 19/10 6/1/ , 4N, G, Section 8 Outdoor Lighting Regulations Pedestrian access & Com/Ind Zone Regs TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 3

5 SECTION I - TITLE, AUTHORITY, AND PURPOSE 1.1 These Regulations shall be known as the "Zoning Regulations of the Town of Colchester", and are herein referred to as "these Regulations". 1.2 These Regulations are promulgated by the Zoning and Planning Commission of the Town of Colchester in accordance with the provisions of Chapter 124 of the General Statutes of Connecticut, as amended, and shall regulate the use of land throughout the Town of Colchester. 1.3 The purpose of these Regulations is to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions for transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of buildings and to encourage the most appropriate use of land throughout the Town of Colchester. 1.4 Conflicting Regulations: When any provision of these Regulations imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other ordinance, statute or law, the provisions of these Regulations shall apply and govern. SECTION 2 - DEFINITIONS 2.1 For the purpose of these Regulations, words and terms herein shall be interpreted as follows: a. As defined in Section 2.3 of these Regulations. b. As determined by the Commission in accordance with Section 2.2. c. When not inconsistent with the context: i. words in the present tense include the future and vice-versa, ii. words in the singular include the plural and vice-versa, and iii. words used in the masculine include feminine and neuter and vice-versa. d. The word "shall" is mandatory and not discretionary. e. The word "may" is permissive. f. The words "zone", "zoning district", and "district" have the same meaning. g. The phrase "used for" shall include the phrases "arranged for", "intended for", "maintained for", and "occupied for". h. The word "person" also includes a partnership, association, trust, corporation, limited liability company, limited liability partnership, or other legal entity. i. The phrase these Regulations shall refer to the entire Zoning Regulations. 2.2 The meaning of words and terms not specifically defined in these Regulations shall be determined by the Commission after reference to: 2.3 a. The Illustrated Book of Development Definitions, b. The Connecticut General Statutes, c. Black's Law Dictionary, d. A common dictionary, or e. Such other materials as the Commission may deem appropriate. A2 CLASSIFICATION: Shall be as defined in the CODE OF PRACTICES FOR STANDARDS OF ACCURACY OF SURVEYS AND MAPS adopted December 10, 1975, as amended, by the Connecticut Association of Land Surveyors, Inc. ACCESSORY APARTMENT: A dwelling unit designed for housekeeping facilities which is clearly secondary to the principal use as a single-family dwelling and intended to provide affordable housing for young individuals or older persons who no longer can, or wish to, maintain a traditional dwelling. ACCESSORY USE OR BUILDING: A use or building on the same lot with, and of a nature incidental or subordinate to, the principal use or building. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 4

6 ADULT BOOK STORE: Means an establishment having a substantial or significant portion of its stock and trade in books, films, video cassettes, compact discs or magazines and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, or an establishment with a segment or section devoted to the sale or display of such material. This definition shall not apply to any establishment in which such materials are concealed so as not to permit the observation of Specified Sexual Activities or Specified Anatomical Areas by the general public. ADULT AMUSEMENT MACHINE: Includes any Amusement Machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas for observation by patrons. ADULT ENTERTAINMENT: Means any exhibition of any motion pictures, videotapes, live performances, displays or dances of any type, which has a significant or substantial portion of such performance any actual or simulated performance of Specified Sexual Activities or exhibition and viewing of Specified Anatomical Areas. ADULT MOTION PICTURE THEATER: Means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to Specified Sexual Activities or Specified Anatomical Areas for observation by patrons therein. ADULT ORIENTED BUSINESS: Shall include, without limitations, Adult Book Store, Adult Motion Picture Theater, and commercial establishments containing one or more Adult Amusement Machines. In addition, Adult Oriented Business means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing Adult Entertainment when such establishment is operated or maintained for profit, direct or indirect. AMUSEMENT MACHINE: Includes any machine which upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disk, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score or whether or not electronically operated. ANTENNA: A device used to receive or transmit electromagnetic waves, including, but not limited to, whip antennas, panel antennas and dish antennas. AREA OF FLOOD HAZARD: Is the land in the floodplain within a community subject to 1% or greater chance of flooding in any given year. ARTIFICIAL SKY GLOW: The brightening of the night sky attributable to man made sources of light. BASE FLOOD: Means the flood having a 1% chance of being equaled or exceeded in any given year. BED AND BREAKFAST: An accessory use of an owner-occupied single-family residential dwelling that is listed on the State or National Registry of Historic Places, either individually or as contributing to a district or is designated historically significant by the Connecticut Historical Commission (Lusignan Historical and Architectural Survey, 1991). The use is limited to the short term accommodation of transients in not more than six (6) guest rooms, and may include the provision of on-site meals solely to overnight patrons. BUILDABLE AREA: Land area on a parcel exclusive of: wetlands or watercourses, 100-year floodplains, slopes in excess of 25%, rock or ledge outcrops, or pre-existing conservation or utility easements. BUILDING: A structure of walls, post, columns or other device supporting a roof, and used for the housing, shelter, enclosure or support of persons, animals or property of any kind. BUILDING PERMIT: Permit required for the construction or alteration of any structure, as required by Section as amended, of the Connecticut General Statutes. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 5

7 CANOPY: A roof-like covering over an area, in or under which a lighting fixture is mounted. CERTIFICATION: Shall be a signed, written approval by the Zoning and Planning Commission and/or its designated agent that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations. CLASS D CLASSIFICATION: Shall be as defined in the CODE OF PRACTICES FOR STANDARDS OF ACCURACY AND MAPS, adopted December 10, 1975, as amended, by the Connecticut Association of Land Surveyors, Inc. CLASS 1 SITE PLANS: Shall be the plan submitted for all single-family, two-family dwellings and accessory buildings thereto, and any other change in use, additions or accessory buildings to any other principal building provided that the use is subordinate and customarily incidental to the principal use and in accordance with the provisions of Section 12.2 of these Regulations. CLASS 2 SITE PLANS: Shall be all other uses not noted under Class 1 Site Plans and in accordance with Section 12.3 of these Regulations. CO-LOCATION: Locating Wireless Telecommunication Facilities of more than one Licensed Wireless Telecommunication Service Provider on a single Wireless Telecommunication Site. COMMISSION: The Zoning and Planning Commission of the Town of Colchester. CONGREGATE HOUSING DEVELOPMENT: A housing development complex designed and used exclusively for elderly persons, wherein independent living is assisted by the provision of congregate meals, housekeeping, and personal services. COUNTY SOIL AND WATER CONSERVATION DISTRICT: Shall be the New London County Soil and Water Conservation District established under Subsection (a) of Section 22a-315 of the Connecticut General Statutes. DENSITY: The number of dwelling units or lots permitted on a parcel of land expressed as units or lots per acre. DEVELOPMENT: Means any man-made change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. DESIGNATED AGENT: Shall refer to an agent of the Zoning and Planning Commission. DISTURBED AREA: Shall be an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion. DWELLING UNIT: Any building or portion thereof, which is designed and used exclusively for residential purposes. Such dwelling shall contain living, sleeping, housekeeping, and sanitary facilities. SINGLE-FAMILY DWELLING - A building which is designated and used exclusively for residential purposes. Dwelling shall contain separate living, sleeping and sanitary facilities for occupancy by one family. TWO-FAMILY DWELLING - A residential structure containing two independent dwelling units, each with independent outside access by common hallway, stairs and/or outside door and separate facilities that are used, or intended to be used, for living, sleeping and cooking. MULTI-FAMILY DWELLING - A building which is designed and used exclusively for residential purposes. Such multi-family dwelling shall contain separate living, sleeping, housekeeping and sanitary facilities for three (3) to six (6) families. ELDERLY: Persons aged 55 years of age and older. ELDERLY HOUSING: Housing, including Independent Living Development and Congregate Housing Development, designed and used for Elderly persons in accordance with the Federal Fair Housing Act. EROSION: Means the detachment and movement of soil or rock fragments by water, wind, ice or gravity. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 6

8 EXCAVATION: The removal from any land premises within the Town of Colchester of earth, sand, gravel, clay, quarry stone or other natural earth products in excess of 100 cubic yards in a single calendar year, except as surplus material resulting from a bona fide construction, landscape or agricultural operation being conducted on the premises, and provided that no permanent damage is done to the landscape. FAÇADE: The exterior wall of a building. FAMILY: One (1) or more related persons or a group of not more than six (6) persons who need not be so related plus domestic servants, who are living together as a single housekeeping unit maintaining a common household. A roomer or boarder shall not be considered a member of a family for the purpose of this definition. FALL ZONE: The area or location within which a Tower, Antenna or any other material (such as ice) would drop, slide or settle in the event the Tower is blown from its support structure, collapses, or otherwise is dislodged from its foundation or mounting. FLAG LOT: Shall be a lot that has minimum of 25 feet of frontage on an approved road and is twice the minimum area as that required in the zone in which it is located. FLOODPLAIN: Areas of special flood hazard in Colchester as determined by the Federal Emergency Management Agency in their most recent Flood Insurance Study or as otherwise mapped on their most recent Floodway Flood Boundary and Floodway Map. FLOODPLAIN, 100-YEAR: Floodplain areas which fall below the 100-year flood frequency profile as determined by the most recent information from the Federal Emergency Management Agency. FLOODWAY: Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FLOOR AREA: Any enclosed portion of the dwelling with a finished ceiling to floor height of not less than seven (7) feet, excluding any area above the first floor stairway, and excluding cellar, basement, porch, garage and utility areas and areas in an accessory building. FOOT-CANDLE: A unit of measure of luminance. A unit of luminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. FRONT YARD: An open space unobstructed from the ground upward along the full length of a lot or street line, and between that line and the nearest point of any building or portion thereof. FULL CUT-OFF TYPE FIXTURE: A luminaire or light fixture that; by design of the housing, does not allow any light dispersion or direct glare to shine above a 90 degree horizontal plane from the base, or the purpose of the design is defeated, and disability glare will result. FULLY SHIELDED LIGHTS: Fully shielded luminaire light fixtures allow you to control the glare in any direction. GLARE: Light that causes visual discomfort or disability, or a loss of visual performance and in extreme cases causes momentary blindness. GRADING: Means any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition. HEIGHT OF LUMINARIES: The height of luminaries shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. HEIGHT OF TOWER: The vertical distance measured in feet from the average existing elevation of the ground within ten (10) feet surrounding the Tower to the topmost point of the Tower. The existing elevation shall mean the actual or approved elevations of the property at the time of application. HOME OCCUPATION: An accessory use of a dwelling unit or accessory structure conducted for compensation and/or income. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 7

9 HOUSING AFFORDABILITY UNIT: A housing unit that is deed restricted to (1) occupancy by persons or families that earn less than 80% of the area median income for the Norwich/New London area as determined by the United States Department of Housing and Urban Development, and (2) sell or rent at, or below, prices which represent 30% or less of the annual income of the occupant(s). IMPERVIOUS COVERAGE: The amount of area on a site, typically expressed as a percentage, covered by hard-surfaced materials that do not readily absorb or retain water including, but not limited to, building roofs, parking and driveway areas, sidewalks, swimming pools, graveled areas, paved recreation areas and other areas as determined by the Town Engineer. INDEPENDENT LIVING DEVELOPMENT: Residential developments designed and used exclusively for elderly persons, consisting of single-family, two-family, multi-family, or townhouse dwellings or groups of dwellings. INN: A building of essentially residential character, designed and used for the short term accommodation of transient guests in not more than eight (8) guest rooms having normal access/egress from a centralized point. An inn may have an associated restaurant where food and drink is prepared, served and consumed primarily within the principal building. INTERNALLY ILLUMINATED SIGN: A sign erected on the ground or attached to a building, which is illuminated by the presence of a light source from within the Sign. ISODIAGRAM: An Isodiagram is a graphical representation of points of equal illuminance drawn as single line circular patterns or computer generated spot readings in a grid pattern on a site plan. Lighting designers and manufacturers generate these diagrams to show the level and evenness of a lighting design and to show how light fixtures will perform on a given site. LIGHT TRESPASS: Light from an artificial light source that is intruding into an area where it is not wanted or does not belong. LUMEN: The unit of luminous flux: a measure of the amount of light emitted by a lamp. One-foot candle is one lumen per square foot. For the purposes of this regulation, the lumen-output values shall be the INITIAL lumen output ratings of a lamp. LUMINAIRE ( LIGHT FIXTURE ): A complete lighting unit consisting of one or more electric lamps, the lamp holder, reflector, lens, diffuser, ballast, and/or other components and accessories. MOUNTING HEIGHT: The vertical distance between the lowest part of the luminaire and the ground surface directly below the luminaire. KENNEL: A collection of more than five (5) adult dogs (six (6) months old or older) which are kept on one (1) lot. KENNEL, COMMERCIAL: A facility maintained for boarding or grooming dogs or cats. LICENSED WIRELESS TELECOMMUNICATION SERVICE PROVIDER: A company authorized by the Federal Communications Commission (FCC) to build and/or operate a Wireless Telecommunication Site. LOCATION PREFERENCES: As defined in Section LOT: A single tract, parcel or piece of land including the open spaces required by these Regulations which, at the time of filing for a zoning permit, is designated as a unit and is under common ownership and control. LOT COVERAGE: The area covered by buildings or enclosures; not including outside parking and loading areas. LOT FRONTAGE: The continuous lineal measurement of the boundary of a lot that abuts the street. LOWEST FLOOR: Means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building s lowest floor. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 8

10 MANUFACTURING: The act of converting raw materials into a finished product using machinery or other methods. For the purposes of these Regulations, the manufacturing process must be conducted within a building specifically designated on the site plan for this use. MANUFACTURED HOME: Means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. MEAN SEA LEVEL: Means, for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MEMBERSHIP CLUBS: Premises owned or occupied by a corporation or association of persons which is operated solely for a recreation, social, patriotic, political, benevolent or athletic purpose, but not primarily for profit and whose use is open to a limited membership and their guests. MINI STORAGE FACILITIES: One (1) story multi-unit public service facility. Units rented for cold storage of household goods, recreational equipment, business inventory, fixtures, and other similar personal property. No servicing or repair of any type shall be conducted in the storage building or on the property. Individual units shall not be serviced by water, sewer, or electric. MOBILE HOME: A structure originally designed and constructed or redesigned and reconstructed for year-round occupancy for one (1) or more persons and equipped with or designed to be equipped with wheels for movement of the structure from place to place. MOTEL: A motel is a building or group of detached, semi-detached or attached buildings containing guest rooms or dwelling units each of which, or each pair of which, has a separate entrance leading directly from the outside of the building with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of motor vehicle transients. Motel continued: Motels do not include hotels, boarding houses, mobile home parks or recreation campgrounds. Each motel unit shall contain inside hot and cold running water, shower or bath and toilet. OBTRUSIVE LIGHT: Glare and light trespass OPEN SPACE: Land permanently preserved for agriculture, forestry, passive recreation, wildlife habitat, natural resource conservation, maintenance of community character, or as undeveloped land. ORNAMENTAL OR ACCENT LIGHTING: Outdoor lighting that is installed mainly or entirely for its decorative effect or to accent an object or a feature, rather than as an aid to visibility OUTDOOR LIGHTING: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light be any means. PARCEL: A contiguous piece of land owned or controlled by the same person(s) or entity(ies) and to be developed or used as a unit. PHOTOMETRIC TEST REPORT: A report by an independent testing laboratory or one certified by the National Institute of Standards and Technology (NIST) describing the candela distribution, shielding type, luminance, and other optical characteristics of a specific luminaire. PIGGERY: The keeping of three (3) or more pigs over the age of six (6) months. PLANNED RESIDENTIAL DEVELOPMENT: A residential development characterized by a unified site development scheme, common access, driveways, parking, and open space/recreation areas, in which multiple principal buildings are located on the same lot or lots. A Planned Residential Development may consist of a mixture or combination of single-family, two-family, and multi-family dwellings. RATIO: Uniformity ratio, describing the average level of illumination in relation to the lowest level of illumination for a given area. Example: U.ratio = 4:1 for the given area, the lowest level of illumination (1) should be no less than ¼ or 4 times less than the average (4) level of illumination. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 9

11 RETAIL PACKAGE STORE: A store for the sale for use off the premises, of beer, wine and liquors which store has such products as is major stock for sale. It does not include restaurants, cafes, stores engaged chiefly in the sale of groceries or drug stores. RETREAT CENTER: Premises owned or occupied by a non-profit religious organization and permanently occupied by no more than one (1) single-family, and utilized only for overnight guests participating in religious retreat programs. RIDING STABLES AND EQUESTRIAN FACILITIES: Areas of land and buildings laid out to feature equestrian uses as a public and/or private complex, including indoor riding facilities to allow maintaining, training and exercise for equines and users in a year-round facility, and areas that may be designated as paddock areas, pasture land, training grounds, bridle paths, and other permitted accessory uses. ROCK CRUSHING EQUIPMENT: Specialized equipment, such as rock crushers or screeners, used to process excavated material. Rock crushing equipment may be used only on the actual site of an authorized excavation project under the requirements of Section of these Regulations and shall not be used as part of any other processing operation within any zone except as authorized in Section SEDIMENT: Shall be solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion. SIGN: Any object, device, display or structure, or part thereof, situation outdoors or indoors, which is used for visual communication to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including letters, words, symbols, figures, fixtures, colors, trademarks, illustrations, images, or other graphic representations for purpose of advertisement, identification, publicity or notice. SIGN TYPES ARE AS FOLLOWS: SIGN, ANIMATED OR MOVING: Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. SIGN, AWNING, CANOPY, MARQUEE: A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line. SIGN, BANNER: A temporary sign of cloth or similar material that celebrates an event, season, community, neighborhood, or district and is sponsored by a recognized community agency or organization. SIGN, BENCH: A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway. SIGN, BILLBOARD: A commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. SIGN, BLADE: A vertically oriented wall sign. SIGN, BULLETIN BOARD: A sign that identifies an institution or organization on the premises of which it is located and that contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages. SIGN, BUSINESS: A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located. SIGN, NONCONFORMING: A sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 10

12 SIGN, OPEN HOUSE: Temporary off-premises signs used to direct prospective purchasers to a house for sale. SIGN, ON-SITE INFORMATIONAL: A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pickup and delivery areas. SIGN, PEDESTAL: SIGN, POLE: SEE SIGN, GROUND. SEE SIGN, GROUND. SIGN, POLITICAL: A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election. SIGN, PORTABLE: A sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some of all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character. SIGN, PRIVATE SALE OR EVENT: A temporary sign advertising private sales of personal property, such as house sales, garage sales, rummage sales, and the like, or private not-for-profit events, such as picnics, carnivals, bazaars, game nights, art fairs, craft shows, and Christmas tree sales. SIGN, PROJECTING (A.K.A. A SHINGLE SIGN): A sign that is wholly or partly dependent upon a building for support and that projects more than 15 inches (381mm) from the face of the wall or such building. SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. SIGN, RESIDENCE DESIGNATION: A sign or nameplate indicating the name and/or address of the occupants of a residential property. SIGN, ROOF: A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. SIGN, SEARCHLIGHT DISPLAY: Any use of lighting intended to attract the general public by the waving or moving of light beams. SIGN, SIDEWALK: Any temporary freestanding display located on the sidewalk or sidewalk area adjacent to a public roadway or storefront. SIGN, SUSPENDED: A sign hanging down from a marquee, awning, or porch that would exist without the sign. SIGN, TEMPORARY: A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material, with or without a structural frame and designed or intended to be displayed for a short period of time; including decoration displays for holidays or public demonstrations. SIGN, VEHICLE: A sign on a vehicle not customarily and regularly used to transport persons or properties. SIGN, VENDING MACHINE: Any sign, display, or other graphic attached to or part of a coin-operated machine dispensing food, beverages, or other products. SIGN, WALL: A sign fastened to, painted on, or directly attached to a fence, the surface of masonry or concrete, a frame or the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not extend more than 15 inches (381mm) from such building, structure, face of the fence or wall. SIGN, WINDOW: A permanent sign that is painted or mounted onto a windowpane, or that is hung directly inside a window solely for the purpose or effect of identifying any premises from the sidewalk or street; or a temporary sign advertising special sales, events, or products. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 11

13 SIGN KIOSK: A freestanding structure upon which signs, information and/or posters, notices, announcements, are posted. SLOPE: The incline of land as measured between contour lines, typically expressed as a percentage (as in 25%, signifying ten (10) feet vertical in 40 feet horizontal) or as a ratio (as in a 2:1 slope, signifying two (2) feet horizontal to one (1) foot vertical). SOIL: Shall be any unconsolidated mineral or organic material of any origin. SOIL EROSION AND SEDIMENT CONTROL PLAN: Shall be a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative. SPECIFIED ANATOMICAL AREAS: Means: 1. Less than completely and opaquely covered a. human genitals and pubic region; b. buttocks; and c. female breasts below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. SPECIFIED SEXUAL ACTIVITIES: Means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation; sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. SPILL LIGHT: Lighting from a lighting installation that falls outside of the boundaries of the property on which the installation is sited. START OF CONSTRUCTION: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L ), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. STREET: An improved public right-of-way accepted for public use by lawful procedure, or a proposed street in an approved subdivision plan. The functional classification of streets (Arterial, Collector, Local and Dead End) used in these Regulations is in accordance with the classification used in the Subdivision Regulations of the Town of Colchester. A street centerline shall be presumed to be in the center of the street right-of-way. SUBSTANTIAL IMPROVEMENT: Means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a one (1) year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement or, (2) in the case of damage, the value of the structure prior to the damage occurring. For the purpose of this definition, "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects dimensions of the structure. The term DOES NOT, however, include any project for improvement of a structure required to comply with existing health, sanitary code specifications which are solely necessary to assure safe living conditions. TEMPORARY LIGHTING: Lighting installed with temporary wiring and operated for less than 60 days in any calendar year. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 12

14 TOWER: A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves, including but not limited to (a) self-supporting lattice, (b) guyed, and (c) monopole. TOWN ENGINEER: Shall be a professional engineer, certified in the State of Connecticut who will review applications as requested by the Zoning and Planning Commission. UPLIGHTING: Any light source that distributes illumination above a 90-degree horizontal plane. VIDEO GAME: A device or machine which: A. Requires the use of electronically controlled lights, characters, or features in the operation. B. Allows the movement of any light, character or feature using electronic or mechanical devices. C. Is designed to electronically display scores or points as part of its operation. D. Is intended for commercial entertainment. WALLPACK LIGHTING FIXTURE: A surface type lighting fixture normally mounted on a building with a regulated light source not shielded or cut off. WATER SURFACE ELEVATION: Means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. WATERCOURSES: As defined in CGS 22a-38, as amended. WETLANDS: As defined in CGS 22a-38, as amended. WIRELESS TELECOMMUNICATION SERVICES: Licensed Wireless Telecommunication Services including, but not limited to, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public. WIRELESS TELECOMMUNICATION SITE: A facility that consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with Wireless Telecommunication Services. Such facility may be maintained by others for operation by a Licensed Wireless Telecommunication Service Provider(s). YARD: An open space unobstructed from the ground upward along the full length of a lot or street line and between that line and the nearest point of any building or portion thereof. ZONING PERMIT: Permit issued by the Zoning Enforcement Officer or Planning and Zoning Commission stating the proposed building is in compliance with the Zoning Regulations. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 13

15 SECTION 3 - GENERAL PROVISIONS AND PROCEDURES 3.1 ENFORCEMENT. These Regulations shall be enforced by the Commission and its duly authorized agent, the Zoning Enforcement Officer. The Zoning Enforcement Officer is empowered by the Commission to cause any building or land to be inspected and examined and to order, in writing the remedying of any condition found to exist therein or thereon in violation of any provisions of these Regulations. 3.2 ZONING MAP. The map entitled "ZONING MAP, COLCHESTER, CONNECTICUT," is a part of these Regulations. The zoning map shows the boundaries and zoning designations for each district of the Town of Colchester. Use and dimensional requirements for each district are found in these Regulations All district boundaries shown on said zoning map are intended to follow the center lines of streets or lines drawn parallel to, and at specified distances from street center lines, unless otherwise specifically shown thereon Where a district boundary divided a lot of record at the same time such boundary line is adopted, the regulations for the less restricted portion of such lot may extend not more than 50 feet into the more restricted portion provided that the lot has frontage on a street in the less restricted district Vehicular access to a permitted use located in a less restricted district through property situated in a more restricted district is not permitted except over public roads which have been accepted and are maintained by the Town. (Amended 6/1/10) 3.3 BUILDING CODE. The State Building Code is the Building Code for the Town of Colchester. 3.4 ZONING PERMIT. No Building Permit shall be issued nor any use be established or changed in any area of the Town of Colchester without a Zoning Permit, therefore from the Commission or the Zoning Enforcement Officer, issued in conformance with the provisions of these Regulations. Uses of land or buildings not clearly permitted in the various districts are prohibited Application for a Zoning Permit for a permitted use shall be made on a form provided for that purpose and obtainable in the office of the Zoning Enforcement Officer Applications for Class 1 Site Plans, pursuant to Section 12.2 of the Regulations, including permitted single-family and two-family dwellings and accessory buildings or expansions or additions to such buildings, may be approved by the Zoning Enforcement Officer provided they meet the requirements of these Regulations. Applications for Class 2 Site Plans, pursuant to Section 12.3 of these Regulations shall be reviewed and acted on by the Commission and shall be submitted together with a site plan as prescribed in Section 12 of these Regulations. In order for an application to appear on the agenda of the Zoning and Planning Commission, the application must be submitted to the designated agent before 12:00 noon the Thursday before the next regularly scheduled meeting. The Commission shall approve such applications after finding that all aspects of the proposed uses conform to the spirit as well as the letter of these Regulations. A decision on an application and site plan submitted to the Commission shall be rendered within 65 days after receipt of such application and site plan. The Commission shall approve, modify and approve, or deny such plan. Reasons shall be set forth when a plan is denied or modified and approved. Any modifications shall be required to conform with these Regulations. A copy of any decision shall be sent by certified mail to the person who submitted such plan within 15 days after such decision is rendered A Certificate of Zoning Compliance shall be issued by the Zoning Enforcement Officer, without charge, upon completion of the work if the building and use comply with these Regulations and the application After the effective date of these Regulations the Zoning Enforcement Officer will issue, without charge, upon the request of the owner or the occupant, a Certificate of Compliance for any legal non-conforming building existing on the effective date of these Regulations. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 14

16 3.4.5 All Zoning Permits shall expire one (1) year after the date of issue or grant unless substantial construction shall have been started within the year and be diligently prosecuted to completion A Certificate of Zoning Compliance shall remain valid only so long as the building, the use thereof, or the use of the land remains in full conformity with these Regulations or an amendment thereto Nothing in these amended Regulations shall require any change in the plans, construction or designated use of any building on which actual construction was begun under a permit issued prior to the effective date of these amended Regulations. Actual construction is the: A Excavation of a basement, cellar or foundation B Actual placing of construction materials in their permanent position fastened in a permanent manner C Substantial beginning of demolition and removal of an existing building preparatory to rebuilding: provided, however, in each circumstance that the actual construction shall be diligently carried on until the completion of the building involved When a new lot is formed by the division of an existing lot, a Zoning Permit shall not be issued for the erection or moving of a building on the new lot thus created nor shall a Certificate of Zoning Compliance be issued for the new building (new or moved) unless the size, yards, and uses on both lots comply with these Regulations. 3.5 FEES. Fees shall be charged for the applications in accordance with the Fee Schedule as periodically revised and approved by Town Meeting. No fee shall be charged for applications from an official agency of the Town of Colchester. 3.6 SEWERAGE REQUIREMENTS. All permitted uses requiring sanitary sewerage disposal facilities, whether public or private shall comply with the following procedure: All applications for Building Permits, Subdivision approval or Zoning Permits shall be accompanied by a written statement signed by the Health Officer of the Town of Colchester the Building Inspector or a Sanitarian from the State of Connecticut Department of Health that all required sanitary regulations have been complied with and that all percolation test requirements have been conducted in the presence of one of the above three officials or their designated delegates. 3.7 SITE PLAN REVIEW REQUIREMENTS GENERAL. All use of land, buildings and other structures are subject to approval of a Site Plan Review, and the change of use, construction, reconstruction, enlargement, extension, moving or structural alteration of buildings and other structures, and site development, in connection with such use, shall conform to the General Standards and Special Standards hereinafter specified. The provisions of this Section are in addition to other provisions of these Regulations applicable in the district in which the use is to be located PURPOSE. Each use for which a site plan submission is required is a potentially significant addition to a developing or developed area of the Town, and to a residential, commercial or industrial neighborhood. It is intended that the site plan for each use be prepared with due consideration for: A The purpose and intent of these Regulations, B Coordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, watercourses, buildings and other features that support the neighborhood and C Protection of the public health, safety, welfare, property values and the environment GENERAL STANDARDS. The following General Standards apply to all uses permitted in a district subject to approval of a site plan by the Commission: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 15

17 3.7.3.A Plan of Development. The site plan shall be in conformance with the purpose and intent of any plan of development, including any amendment, program or supplement that is part of the plan, adopted by the Commission under the provisions of Chapter 126 of the Connecticut General Statutes and pertaining to the area in which the use is to be located, particularly in regard to but not limited to the following: A.1 The provision of streets; limitations on the location and number of access driveways and provisions for traffic management; A.2 The setback, location and bulk of buildings and structures; the appearance of buildings and structures from any street or highway, or from other lots; A.3 The preservation of natural landform features, wetlands and water resources; A.4. The provision, location and character of landscaping; A.5 The location, character and intensity of outside illumination; and, A.6 The extent, character, purpose and location of signs B Neighborhood. The use of land, buildings and other structures, the location and bulk of buildings and other structures and site development shall be of a character so as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community C Access and Circulation. Provision shall be made for vehicular access to the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and upon the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot. The road condition and its measurements, traffic flow, volume, and congestion, and the effect of the traffic on the surrounding area shall be taken into consideration on all applications. Applicants should provide a traffic study/analysis to assist the Commission in evaluating the application when requested by the Commission and/or the Town Engineer. Access and circulation shall also conform to the following: C.1 Where reasonable alternate access is available, the vehicular access to the lot shall be arranged to minimize traffic use of local residential streets situated in or bordered by Residential Districts C.2 Where a lot has frontage on two (2) or more streets, the entry and exit from the street shall be provided where potential traffic congestion and for hazards to traffic and pedestrians are minimized C.3 The street(s) giving access to the lot shall have traffic carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use C.4 Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage road driveways and traffic controls within the street C.5 Access driveways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street C.6 Where topographic and other conditions permit, provisions shall be made for circulation driveway connections to adjoining lots of similar existing or potential use: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 16

18 3.7.3.C.6(a) When such driveway connection will facilitate fire protection services, as approved by the Town Fire Marshal and/or C.6(b) When such driveway will enable the public to travel between two (2) existing or potential sites, open to the public generally, without need to travel upon a street C.7 There shall be no more than one (1) driveway connection from any lot to any street, except that: C.7(a) Separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and, C.7(b) Additional driveway connections may be provided, particularly for but not limited to large tracts and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection C.8 Driveways, parking areas and access roads shall be suitably surfaced as approved by the Commission upon recommendation of the Town Engineer D Driveways D.1 Driveways into the lot shall have proper alignment and grade, not exceeding 1% in 30 feet extending in from town roadways. No driveway shall be greater than 15% slope at any point. Any driveway having a grade of 10% or more, but not exceeding 15%, shall be paved for the entire length of the driveway D.2 All driveway aprons shall be in conformance with Section 7.1a, Standard Construction Details, of the Subdivision Regulations of the Town of Colchester or ConnDOT Form 814, as appropriate D.3 All driveways shall be a minimum of 12 feet in width, and shall not exceed 30 feet in width at the street line. Any turn or curve in a driveway shall have a minimum turning radius of 35 feet D.4 For the health, safety and welfare of the public, driveways shall be accessible to emergency vehicles, cleared of all obstructions to a minimum width of 22 feet and a minimum height of 14 feet D.5 All driveways shall be constructed to the following minimum standards: Driveway cross section shall consist of a compacted eight (8) inch base of bank run gravel (five (5) inch minus); a four (4) inch grading layer of compacted processed gravel; and a finish course of two (2) inches of 3/4" stone or compacted bituminous concrete D.6 Clear sight distance shall be provided at the intersection of the driveway and road as follows: On local roads, 200 feet on collector roads 300 feet on arterial roads as required by Connecticut Department of Transportation (DOT); unless a lesser distance for a specific lot has been approved by the Town Engineer. Sight distance shall be measured from a point ten (10) feet back from the paved edge of road to the center of the oncoming traffic lane D.7 Common driveway aprons should be used wherever feasible D.8 To promote public safety and efficient land use, common driveways shall be allowed under the following conditions: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 17

19 3.7.3.D.8(a) The common driveway shall be at least 15 feet wide in its entirety; the entrance shall be a minimum of 20 feet wide D.8(b) The Commission may determine that a minimum of one (1) turn-around, 20' by 20', will be required if the length of the driveway exceeds 300 feet, or if the surrounding terrain will pose a safety problem. The Commission may also, if it chooses, direct that the Zoning Enforcement Officer make such a determination as to the need for, and location of, any additional turn-around D.8(c) All plans for subdivision and re-subdivision which show common driveways shall clearly state which lots are sharing the driveways. The Commission shall require a note to be placed on the plan stating that the deed(s) are to include all information regarding easements, rights and responsibilities regarding the common driveway. All proposed easements shall be shown on the plan with meets and bounds D.8(d) Common driveways may be used on flag lots; however, this shall not change the required acreage or frontage E Existing Streets. Where the lot has frontage on an existing street, proper provision shall be made for grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision of curbs and sidewalks, as approved by the Commission and in accordance with the pattern of development along the street. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located F Parking and Loading. Off-street parking and loading spaces shall be provided in accordance with the provisions of Section 15 of these Regulations G Drainage. All drainage structures shall be in conformance with Section 12 of these Regulations H Erosion and Sedimentation. Provision shall be made for control of erosion and sedimentation both during and upon completion of construction in accordance with the applicable criteria of the Erosion and Sediment Control Handbook of the U.S.D.A. Soil Conservation Service I Wetlands, Watercourses and Aquifer Protection Zones (APZ). Where wetlands, watercourses and Aquifer Protection Zones are located on or adjacent to the lot, provision shall be made for their protection unless modification is approved by the Commission and authorized by the Colchester Conservation Commission, Sewer and Water Commission or the State agency having jurisdiction, prior to approval of the Site Plan J Flood Hazard Areas. When any part of the lot is located within the Flood Plain District, the requirements of Section 21 - Flood Plain Management shall be met K Emergency Services. Suitable provision shall be made on the lot for access to buildings and other structures by fire, police and other emergency services, and for fire hydrants where appropriate and public water supply is available, in accordance with good fire protection practices L Sanitation. Provision shall be made for water supply, sewage disposal, control of wastes and protection of water quality in accordance with the following criteria: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 18

20 3.7.3.L.1 Proper provision shall be made for the water supply and sewage disposal requirements of the proposed use. When on-site systems are to be used: such systems shall be designed and constructed in accordance with applicable State and Town laws, the design concept and layout shall be approved by the Town Director of Health and/or Town Engineer prior to approval of the site plan, and any lot, prior to approval for development for any use, shall require a certification by the Town Director of Health that a functioning septic system and adequate reserve area can be provided in accordance with the requirements of the State Health Code, as amended L.2 Proper provision shall be made for the collection, storage and disposal of all solid and liquid wastes accumulated in connection with the proposed use and for control of litter by means of receptacles, fences, a program for site maintenance and cleaning and other means approved by the Commission L.3 The site plan shall demonstrate how any exotic or hazardous substances are to be managed in accordance with applicable law and so as to avoid danger to the public health and degradation of surface and ground waters and tidal and inland wetlands L.4 Proper provision shall be made for any above ground or in-ground storage of fuels, de-icing salts and chemicals in a manner that protects stratified drift ground water having potential for significant water supply L.5 No building or subsurface water disposal system shall be located within 100 feet of the mean water level of any watercourse or within 75 feet of any wetland as defined by the Inland Wetland Regulations for the Town of Colchester, unless approved by the Conservation Commission. Under no conditions shall a subsurface waste disposal system be located closer than 50 feet to the wetland or watercourse M Outside Storage and Display of Merchandise or Equipment. Outside storage (including any sales or display of merchandise, any storage of supplies, wastes, machinery, equipment and other materials and any manufacture, processing or assembling of goods, not in an enclosed building, but excluding the parking of registered motor vehicles in daily use) shall conform to these requirements and otherwise shall be located in areas of the lot as shown on the site plan and shall be limited and screened in Commercial and Industrial Districts as follows: M.1 All outside storage areas shall be screened on all sides by a building, fence, wall, embankment or other suitable device not less than six (6) feet in height. This provision, however, does not apply to areas designated on the site plan and approved for outside sale or display of merchandise or equipment on the Site and approved for outside sale or display of merchandise or to storage in connection with marine facilities and services M.2 No outside storage shall be located in the area required for setback from a street line or Residential District boundary line M.3 No outside storage shall be located on sidewalks, pedestrian ways, driveways or paved areas designated on the site plan for off-street parking and loading M.4 0utside display of merchandise or equipment for sale. No merchandise or equipment, including trash dumpsters or containers, shall be displayed outside of commercial buildings except as follows: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 19

21 3.7.3.M.4(a) Outside display of merchandise or equipment shall not be allowed in any set back, side yard, or buffer area M.4(b) Outside display of merchandise or equipment shall not be allowed on property used for residential uses M.4(c) Display areas shall be shown on the site plan and shall be areas specifically designated for display of merchandise or equipment and may not be used for other uses M.4(d) Areas designated for outside display of merchandise or equipment must be suitably surfaced, landscaped and separated from parking or loading areas M.4(e) Areas designated for outside display of merchandise or equipment shall be maintained with safety factors in mind and merchandise or equipment shall not be stacked or displayed higher than ten (10) feet or two (2) units, whichever is greater N Landscaping. Landscaping shall be provided and permanently maintained on the lot to conform to the following: N.1 All portions of the lot not covered by buildings and other structures, outside storage areas, areas for off-street parking, loading and driveways and approved paved areas shall be suitably landscaped with trees, shrubs, lawns or other suitable landscaping or, if not disturbed by filling, grading, excavation or other construction activity, may be left as natural terrain when having a location, size and shape that supports the landscaping plan for the lot N.2 In Commercial and Industrial Districts the area required for setback from a Residential District boundary line shall be suitably landscaped with evergreen shrubs or trees, or such evergreens in combination with embankments, fences, and/or walls, so as to provide a transition from such Districts to the Residential District. Suitable natural terrain and existing evergreen trees and shrubs may be preserved, or augmented with new planting, to satisfy the landscaping requirement in the setback area from Residential Districts. Unless otherwise approved by the Commission, such setback area shall contain no off-street parking or loading spaces or driveways. Within the required buffer strip, a minimum 15 foot wide strip of land shall be landscaped with evergreens at least four (4) feet high of a density of at least four (4) plants within each 60 square feet of this strip or an equivalent. Such buffer may be located within the minimum setback, side yard and rear yard lines N.3 All off-street parking areas of 50 car spaces or more shall include at least one (1) tree for every ten (10) parking spaces or fraction thereof. Such trees shall be at least two (2) inches diameter at breast height (DBH) and ten (10) feet in height when planted and shall be located, planted and protected so as to prevent damage by normal parking and traffic circulation. Planting required in setback areas from Residential District boundary lines is not counted as parking area trees N.4 Each lot shall be provided with a landscaped strip, 15 feet or more in width, along the street line. The strip shall be landscaped and maintained with lawn, shrubs, trees, and other suitable landscaping and shall be separated from any adjoining off-street parking or loading area, driveway or outside storage area by a curb six (6) inches in height. Necessary driveways may be provided through and in the strip. Plantings areas in street buffers shall not be planted with vegetation types that will obstruct vision at maturity. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 20

22 3.7.3.N.5 All off-street loading docks and garbage storage or processing facilities located in Commercial and Industrial Districts and visible from a State Highway or Residential District shall be suitably screened by a building, fence, wall, embankment or other suitable device N.6 All landscaping, trees, shrubs and lawns on an approved site plan shall be well-maintained, and trees and shrubs that die or are destroyed shall be replaced with similar trees and shrubs within the first two (2) spring growth seasons after the initial planting. The Commission may require the posting of a suitable bond to ensure that landscaping survives the initial two (2) spring growth periods N.7 All plant and other landscaping materials shall be provided in accordance with good landscaping practice and shall be subject to the approval of the Commission O Signs. Signs shall conform to the requirements of Section 16 and shall be of a design, including size, location, shape, color and illumination, as to harmonize with the building and other elements of the site plan P (Section Deleted) Q Building Design. Buildings and other structures shall conform to the following: Q.1 Exterior walls of any building that are visible from any street or any other lot shall present a finished appearance by means of materials consistent with the design of the building as a whole Q.2 No mechanical equipment shall be located on the roof of a building if visible from any street or any other lot unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building Special Standards for Rock Crushing Equipment A The Commission may authorize, as part of an authorized construction project, the use of a rock crusher or screener for a period not to exceed 30 days when the following conditions are met: A.1 The rock crusher or screener is located on-site that allows compliance with the performance standards in Section 3.7 & 11 of these Regulations A.2 The rock crusher or screener will be located no closer than 500 feet from any residential house A.3 The rock crusher or screener is operated only during the hours from 8:00 A.M. until 4:30 P.M. on weekdays and excluding holidays identified in Section of these Regulations A.4 The rock crusher or screener meets all state or federal permit requirements A.5 The purpose of the rock crusher or screener is to accomplish the authorized grading or construction of an approved site plan and to process materials from that authorized construction site for use on that authorized construction site A.6 All necessary permits for an approved site plan have been issued B The Commission may renew any permit granted under this provision for one additional period of 30 days as long as the above requirements are met. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 21

23 3.7.4.C The applicant shall submit an application, either as part of the site plan submission or as a separate application, showing the location and type of the proposed rock crushing equipment. It is the responsibility of the applicant to report the starting date of the rock crushing operation to the Zoning Enforcement Officer at least seven (7) days prior to the desired starting date. The applicant will report to the Zoning Enforcement Officer the date of completion of the rock crushing operation when such operation has been completed D Any change of location or operation of any authorized rock crushing equipment will require a new permit. A minimum distance of 500 feet is required for any relocation of equipment to qualify for a new permit E The Commission may authorize the Zoning Enforcement Officer to issue or renew permits for rock crushing equipment under the above conditions. All new permits or renew of a current permit will be reported to the Commission F Violations of this regulation will result in a $ fine for each day of the violation NONCONFORMITY. The Commission, upon due notice, may grant site plan approval authorizing construction, reconstruction, enlargement, extension, moving or structural alteration of buildings and structures, or site development, on a lot having existing improvements which fail to conform to the standards of this Section and/or authorizing continuation, enlargement, extension, moving or re-construction of site improvements which fail so to conform if the Commission finds that the following standards are met: A The proposed construction shall result in a general improvement of the lot with regard to safe access, suitable drainage and adequate landscaping; B Non-conforming signs and lighting shall be brought into a conforming or more nearly conforming condition; C Adequate provision shall be made for landscaping in the area required for setback from a Residential District boundary line; and D There shall be no increase in the nonconformity of buildings and other structures and site improvements PERFORMANCE STANDARDS. No new use of land or buildings or the existing use of land or buildings shall be changed nor expanded except in conformance with the following criteria: A The use shall be carried on in such a manner and with such precautions against fire and explosion hazards as to produce no serious exposure hazard to adjacent property, and the storage of all flammable or explosive materials shall be in a manner approved by the Fire Marshal of the Town of Colchester B The use shall emit no offensive odors perceptible from any property line of the lot on which the operation is located, and shall emit no noxious, toxic, or corrosive fumes or gases C The use shall not exhaust, or waste into the air, dust created by any industrial operation in excess of one (1) cubic centimeter of settled matter per cubic meter of air, or produce heat or glare perceptible from any property line of the lot on which the operation is located for a period exceeding three (3) continuous minutes D The use shall not exhaust, or waste into the air, dust created by any commercial operation, or produce heat or glare perceptible from any property line of the lot on which the operation is located E Industrial and exterior lighting shall not produce glare on public highways or neighboring property, or conflict on public highways or neighboring property, with any traffic signals. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 22

24 3.7.6.F Smoke or other air contaminant shall not be discharged into the atmosphere from any single source of emission for a period or periods aggregating more than three (3) minutes in any one (1) hour, which is as dark or darker in shade than as designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or which is of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke designated as No. 2 on the Ringelmann Chart G The use shall be operated in conformance with the following performance standards governing noise. Noise emitted beyond the property lines of the property on which the use is located shall not exceed the decibel (db) levels shown below. Noise levels shall be measured using the A-weighting network with a sound level meter manufactured in accordance with the American National Standards Institute. Noise level measurements shall be taken at a point located at least one (1) foot beyond the property lines of the property on which the emitter use is located. Maximum Permitted Sound Level in Decibels Emitter Use Receptor Property Use Residential Commercial Industrial 8:00pm - 8:00am 8:00am - 8:00pm Commercial 45 dba 55 dba 62 dba 62 dba Industrial 51 dba 61 dba 66 dba 70 dba In those cases where existing indistinguishable noises from many distant sources (background noise) already exceed the sound levels permitted in this section G., an emitter use shall not be considered in excess of this section G. unless it emits noise that exceeds 80 dba or exceeds the background noise levels by five (5) dba, whichever is less PROCEDURES. Procedures concerning site plan submission and approval are set forth in Section 12 of these Regulations. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 23

25 SECTION 4 - ZONING DISTRICTS, USE AND DIMENSIONAL REQUIREMENTS SECTION 4A - R-60 RURAL RESIDENTIAL DISTRICTS 4A.1 PURPOSE. These areas of Colchester are intended for very low density residential and agricultural uses to preserve the rural character of the community and allow development consistent with soil types, terrain, and infrastructure capacity. 4A.2 PERMITTED USES. The following uses are permitted by right in the R-60 Districts: 4A.2.1 Single-family detached dwelling. 4A.2.2 Agricultural activities, including the raising of livestock and poultry, excepting piggeries or operations involving the raising of fur animals for commercial use, and provided the lot contains a minimum of 120,000 square feet. Structures sheltering livestock or poultry shall be no closer than 100 feet from any property line. The care of livestock and/or poultry shall conform to Federal and State Statutes and/or regulations including, but not limited to Connecticut Public Health Code, Department of Environmental Protection (DEP), and Department of Agriculture. 4A.2.3 Horticulture and the raising of nursery products. 4A.2.4 Seasonal roadside stands for the sale of fresh fruits and/or vegetables grown on the premises, provided no such stand shall be greater than 200 square feet in size or located less than 30 feet from the travel lane of any street or highway. 4A.2.5 Publicly owned recreation area, such as a park, playground, or boat landing. 4A.2.6 Accessory buildings and uses. 4A.2.7 Home Occupations. 4A.2.8 Commercial or Industrial uses as they were in existence as of December 12, A.3 SPECIAL EXCEPTION USES IN R-60 DISTRICT. 4A.3.1 Churches and other places of worship, including parish halls. 4A.3.2 Riding stables. 4A.3.3 Day nursery or Kindergarten. 4A.3.4 Country clubs, or seasonal boarding camps, sportsmen's clubs. 4A.3.5 Excavation. 4A.3.6 Golf course. 4A.3.7 Heliport or airstrip. 4A.3.8 Cemeteries. 4A.3.9 Kennels and Commercial Kennels provided the provisions of Sections and are met. 4A.3.10 Educational Institutions. 4A.3.11 Bed and Breakfast/Inn Operations. 4A.3.12 Accessory Apartments. 4A.3.13 Retreat Center. 4A.3.14 Wireless Telecommunication Site subject to the requirements of Section herein. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 24

26 4A.3.15 Town Hall, public safety facility (such as a fire or police station), library, museum or similar public or quasi-public use of a non-commercial nature. 4A.3.16 Expansion or modification of commercial or industrial uses in existence as of December 12, 2003, subject to the requirements of Section herein. 4A.3.17 Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4A.4 DIMENSIONAL REQUIREMENT'S IN R-60 DISTRICTS 4A.4.1 Minimum Lot Size: 60,000 square feet of which at least 45,000 square feet is contiguous buildable area, within which a 150 foot square is buildable area. 4A.4.2 Minimum Lot Frontage on a Street: 250 feet on arterial and collector streets and 150 feet on local and dead end streets. 4A.4.3 Minimum Front Yard Setback (from Property Line): 75 feet for new construction on arterial and collector streets and 50 feet elsewhere. 4A.4.4 Minimum Side Yard: 25 feet. 4A.4.5 Minimum Rear Yard: 25 feet. 4A.4.6 Maximum Building Height: 35 feet. 4A.4.7 Maximum Lot Coverage: 10%. 4A.4.8 Maximum Residential Density: 0.50 lots per acre of buildable area. 4A.4.9 The Density listed in Section 4A.4.8 shall not apply to subdivisions or resubdivisions of three (3) lots or less provided the lot to be subdivided was not part of a subdivision approved by the Commission subsequent to November 10, Further subdivision or resubdivision of any lot created as a result of this section shall thereafter be subject to the Density requirement of the zoning district in which the lot is located. See Sections 4K and 4L for development flexibility options. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 25

27 SECTION 4B - R-40 SUBURBAN RESIDENTIAL DISTRICTS 4B.1 PURPOSE. These areas of Colchester are intended for low-density residential and agricultural uses to preserve the rural character of the community and allow development consistent with soil types, terrain, and infrastructure capacity. 4B.2 PERMITTED USES. The following uses are permitted by right in the R-40 Districts: 4B.2.1 Single-family detached dwelling. 4B.2.2 Agricultural activities, including the raising of livestock and poultry, excepting piggeries or operations involving the raising of fur animals for commercial use, and provided the lot contains a minimum of 120,000 square feet. Structures sheltering livestock or poultry shall be no closer than 100 feet from any property line. The care of livestock and/or poultry shall conform to Federal and State Statutes and/or regulations, including, but not limited to Connecticut Public Health Code, Department of Environmental Protection, and Department of Agriculture. 4B.2.3 Horticulture and the raising of nursery products. 4B.2.4 Seasonal roadside stands for the sale of fresh fruits and/or vegetables grown on the premises, provided no such stand shall be greater than 200 square feet in size or located less than 30 feet from the travel lane of any street or highway. 4B.2.5 Publicly owned recreation area, such as a park, playground, or boat landing. 4B.2.6 Accessory buildings and uses. 4B.2.7 Home Occupations. 4B.2.8 Commercial or Industrial uses as they were in existence as of December 12, B.3 SPECIAL EXCEPTION USES IN R-40 DISTRICT. 4B.3.1 Churches, synagogues, and other places of worship, including parish halls. 4B.3.2 Educational institutions. 4B.3.3 Public safety facility, such as a fire or police station. 4B.3.4 Day nursery or Kindergarten. 4B.3.5 Excavation. 4B.3.6 Golf course. 4B.3.7 Two-family dwellings. 4B.3.8 Bed and Breakfast/Inn Operations. 4B.3.9 Accessory Apartments. 4B.3.10 Country clubs, seasonal boarding camps, sportsmen's clubs. 4B.3.11 Wireless Telecommunication Site subject to the requirements of Section herein. 4B.3.12 Elderly housing, subject to the provisions of Section herein. 4B.3.13 Expansion or modification of commercial or industrial uses in existence as of December 12, 2003 subject to the requirements of Section herein. 4B.3.14 Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 26

28 4B.3.15 Riding stables, providing however, that the parcel on which such stables are located must contain not less than five (5) acres and the side yard shall not be less than 100 feet. The minimum side yard may be reduced to not less than 25 feet in those situations where the Commission determines that such side yard reduction will not adversely affect adjacent property. 4B.4 DIMENSIONAL REQUIREMENTS IN R-40 DISTRICTS 4B.4.1 Minimum Lot Size: 40,000 square feet of which at least 30,000 square feet is contiguous buildable area, within which a 150 foot square is buildable area. 4B.4.2 Minimum Lot Frontage on a Street: 250 feet on arterial and collector streets and 150 feet on local and dead end streets. 4B.4.3 Minimum Front Yard Setback (from Property Line): 75 feet for new construction on arterial and collector streets and 50 feet elsewhere. 4B.4.4 Minimum Side Yard: 25 feet. 4B.4.5 Minimum Rear Yard: 25 feet. 4B.4.6 Maximum Building Height: 35 feet. 4B.4.7 Maximum Lot Coverage: 15%. 4B.4.8 Maximum Residential Density: 0.70 lots per acre of buildable area. 4B.4.9 The Density listed in Section 4B.4.8 shall not apply to subdivisions or resubdivisions of three (3) lots or less provided the lot to be subdivided was not part of a subdivision approved by the Commission subsequent to November 10, Further subdivision or resubdivision of any lot created as a result of this section shall thereafter be subject to the Density requirement of the zoning district in which the lot is located. See Sections 4K and 4L for development flexibility options. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 27

29 SECTION 4C - R-30 RESIDENTIAL DISTRICTS 4C.1 PURPOSE. These areas of Colchester are intended for moderate density residential uses in and near the historic village center of Colchester where service by public water and/or public sewer is expected to be available. 4C.2 PERMITTED USES. The following uses are permitted by right in the R-30 Districts: 4C.2.1 All uses permitted in Section 4B.2 of these Regulations. 4C.2.2 Two-family dwellings. 4C.3 SPECIAL EXCEPTION USES IN R-30 DISTRICT. 4C.3.1 Churches, synagogues, and other places of worship, including parish halls. 4C.3.2 Town hall, library, museum and similar municipal or cultural facility of a non-commercial nature. 4C.3.3 Town garage or other municipal storage facility, provided storage areas are screened from view. 4C.3.4 Hospital, clinic, convalescent home, extended care facility. 4C.3.5 Public safety facility, such as a fire or police station. 4C.3.6 Day nursery or Kindergarten. 4C.3.7 Multi-family dwellings, subject to the provisions of Section 11.6 herein provided the parcel is at least five (5) acres in area. 4C.3.8 Elderly housing, subject to the provisions of Section herein. 4C.3.9 Educational institutions. 4C.3.10 Golf course. 4C.3.11 Temporary religious or entertainment gathering. 4C.3.12 Bed and Breakfast/Inn Operations. 4C.3.13 Accessory Apartments. 4C.3.14 Planned Residential Developments subject to the provisions of Section herein. 4C.3.15 Wireless Telecommunication Site subject to the requirements of Section herein. 4C.3.16 Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 28

30 4C.4 DIMENSIONAL REQUIREMENTS IN R-30 DISTRICTS. 4C.4.1 Minimum Lot Size: Type Single- Family Two- Family Detail Municipal Sewer and Water Min. Lot Area (square feet) Min. Contiguous buildable area (square feet) Min. Square of buildable area (feet) 30,000 12, Other 30,000 22, Municipal Sewer and Water 30,000 / unit 17, Other 30,000/ unit 30, C.4.2 Minimum Lot Frontage on a Street: Type On Arterial And Collector Streets (Feet) On Local And Dead End Streets (Feet) Single-Family 125 feet 100 feet Two-Family 150 feet 150 feet 4C.4.3 Minimum Front Yard Setback (from Property Line): 50 feet. 4C.4.4 Minimum Side Yard: 15 feet. 4C.4.5 Minimum Rear Yard: 25 feet. 4C.4.6 Maximum Building Height: 40 feet. 4C.4.7 Maximum Lot Coverage: 20%. 4C.4.8 Maximum Residential Density: (Single-Family or Two-Family): 1.10 unit per acre of buildable area. 4C.4.9 The Density listed in Section 4C.4.8 shall not apply to subdivisions or resubdivisions of three (3) lots or less provided the lot to be subdivided was not part of a subdivision approved by the Commission subsequent to November 10, Further subdivision or resubdivision of any lot created as a result of this section shall thereafter be subject to the Density requirement of the zoning district in which the lot is located. See Sections 4K and 4L for development flexibility options. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 29

31 SECTION 4D - R-30A SPECIAL URBAN RESIDENTIAL DISTRICTS 4D.1 PURPOSE. These areas around Colchester Village and the Town Green contain many large, architecturally distinctive structures that contribute to the small town ambiance and historic character integral to the attractiveness of Colchester. The zone is designed to encourage uses which preserve and/or enhance the established small-town residential character. 4D.2 PERMITTED USES. The following uses are permitted by right in the R-30A Districts: 4D.2.1 4D.2.2 4D.2.3 4D.2.4 4D.2.5 4D.2.6 4D.2.7 4D.2.8 4D.2.9 Single-family detached dwelling. Two-family dwellings or accessory apartments. Town hall, library, museum and similar municipal or cultural facility of a non-commercial nature. Retail business such as, but not limited to, grocery, drug, apparel, variety, furniture, sporting goods; not to exceed 5,000 square feet of gross floor area in size. Business services, such as banks and other financial institutions, real estate and insurance offices, professional services and offices, such as doctors, lawyers, architects and engineers; not to exceed 5,000 square feet of gross floor area in size. Restaurants and eating and drinking establishments where most food and drink is intended to be consumed on the premises at tables, counters or bars; not to exceed 24 seats. Bed and Breakfast/Inn Operations. Personal services, such as, barber shops and beauty salons. Membership clubs. 4D.2.10 Home occupations. 4D.3 SPECIAL EXCEPTION USES IN R-30A DISTRICTS. 4D.3.1 4D.3.2 4D.3.3 4D.3.4 4D.3.5 4D.3.6 4D.3.7 4D.3.8 4D.3.9 Public or private recreation facilities. Private recreation facilities of not more than 5,000 square feet in size and including no outside facilities. Educational institutions. Multi-family dwellings in existing buildings or in mixed use developments, subject to the provisions of Section 11.6 herein. Funeral home or mortuary, excluding a crematorium. Hospital, clinic, convalescent home or extended care facility. Elderly housing, subject to the provisions of Section herein. Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. Retail business such as, but not limited to, grocery, drug, apparel, variety, furniture, sporting goods; not to exceed 10,000 square feet of gross floor area in size. 4D.3.10 Business services, such as banks and other financial institutions, real estate and insurance offices, professional services and offices, such as doctors, lawyers, architects and engineers; not to exceed 10,000 square feet of gross floor area in size. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 30

32 4D.3.11 Restaurants and eating and drinking establishments where most food and drink is intended to be consumed on the premises at tables, counters or bars; not to exceed 60 seats. 4D.4 DIMENSIONAL REQUIREMENTS IN R-30A DISTRICTS. 4D.4.1 4D.4.2 4D.4.3 4D.4.4 4D.4.5 4D.4.6 Minimum Lot Size: Same as required for R-30 Districts. Minimum Lot Frontage on a Street: 100 feet on arterial and collector streets and 75 feet on local and dead end streets. Minimum Front Yard Setback (from Property Line): 15 feet. Minimum Side Yard: 10 Feet. Minimum Rear Yard: 25 Feet. Maximum Building Height: 40 feet. 4D.4.7 Maximum Building Coverage: 25% 4D.4.8 4D.4.9 Maximum Impervious Coverage: Impervious coverage within the R-30A District shall be as determined by the Zoning and Planning Commission after considering the impact on abutting uses, the character of the area, and the provision or availability of shared parking and/or access, the impact on the streetscape, and provisions made for stormwater recharge. Maximum Residential Density (Single-Family or Two-Family): 1.0 unit per acre of buildable area. 4D.4.10 The Density listed in Section 4D.4.9 shall not apply to subdivisions or resubdivisions of three (3) lots or less provided the lot to be subdivided was not part of a subdivision approved by the Commission subsequent to November 10, Further subdivision or resubdivision of any lot created as a result of this section shall thereafter be subject to the Density requirement of the zoning district in which the lot is located. 4D.5 SPECIAL REGULATIONS IN R-30A DISTRICTS 4D.5.1 4D.5.2 4D.5.3 The Commission may permit establishment of a flag lot as a Special Exception provided such lot complies with Section The Commission may permit development on a flag lot as a Special Exception provided that the access way shall, as determined by the Commission, be adequate for the proposed use and potential future use. If the flag lot is being created at the same time as the application for development, the Special Exception applications may be combined. See Sections 4K and 4L for development flexibility options. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 31

33 SECTION 4E - R-15 RESIDENTIAL DISTRICTS 4E.1 PURPOSE. Areas located near Colchester Village that are serviceable by both public sewer and public water and are either developed for or suited to higher residential densities. 4E.2 PERMITTED USES. The following uses are permitted by right in the R-15 districts: 4E.2.1 4E.2.2 Single-family detached dwelling. Accessory buildings and uses. Tool and storage sheds, playhouses and other similar buildings that are less than 12 feet in height and not more than 100 square feet in floor area shall be located in the rear yard only and must be setback at least six (6) feet from the rear and side lot lines. All other buildings must meet the requirements of Section 4E.4 (R-15 Dimensional Requirements). 4E.3 SPECIAL EXCEPTION USES IN R-15 DISTRICTS 4E.3.1 4E.3.2 4E.3.3 Public or private recreation facilities. Educational institutions. Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4E.4 DIMENSIONAL REQUIREMENTS IN R-15 DISTRICTS. 4E.4.1 4E.4.2 4E.4.3 4E.4.4 4E.4.5 4E.4.6 Minimum Lot Size: 15,000 square feet of which at last 12,500 square feet is contiguous buildable area, within which a 100 foot square is buildable area. Minimum Lot Frontage on a Street: 100 feet on local and dead end streets. Minimum Front Yard Setback (from Property Line): 50 feet. Minimum Side Yard: 15 feet. Minimum Rear Yard: 25 feet. Maximum Building Height: 40 feet. 4E.4.7 Maximum Lot Coverage: 25%. 4E.4.8 4E.4.9 Maximum Residential Density: 2.20 lots per acre of buildable area. The Density listed in Section 4E.4.1(8)* shall not apply to subdivisions or resubdivisions of three (3) lots or less provided the lot to be subdivided was not part of a subdivision approved by the Commission subsequent to November 10, Further subdivision or resubdivision of any lot created as a result of this section shall thereafter be subject to the Density requirement of the zoning district in which the lot is located. See Sections 4K and 4L for development flexibility options. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 32

34 SECTION 4F - GENERAL COMMERCIAL "C" DISTRICTS 4F.1 PURPOSE. Areas intended as the major focus of business and commercial activity in the Town with potential for a mixture of retail, professional, service and entertainment activities. 4F.2 PERMITTED USES. The following uses are permitted by right in Commercial "C" districts: 4F.2.1 4F.2.2 4F.2.3 4F.2.4 4F.2.5 4F.2.6 4F.2.7 4F.2.8 4F.2.9 4F F F F F F F F F F F F F F.2.23 (Section Deleted) (Section Deleted) (Section Deleted) (Section Deleted) Professional offices, such as offices for doctors, lawyers, architects and engineers. (Section Deleted) (Section Deleted) Retail business, such as, but not limited to grocery, drug, apparel, variety, furniture, or sporting goods store. Restaurants and eating and drinking establishments where most food and drink is intended to be consumed on the premises at tables, counters or bars. Personal services such as barber shops, beauty salons, laundry and dry cleaning establishments. Repair services such as radio, television, appliance and plumbing shops, furniture upholstery and shoe repair shops. Theater building. Auto supplies and parts. Business services such as banks and other financial institutions, real estate and insurance offices. Video games. Automobile and truck rental facilities, including trailers and associated services. Automobile livery services such as taxis and limousines. (Section Deleted) (Section Deleted) Accessory buildings and uses. Home Occupations. Seasonal roadside stands for the sale of fresh fruit and/or vegetables, provided no such stand shall be greater than 200 square feet or located less than thirty feet from the travel lane of any street or highway. (Section Deleted) 4F.3 SPECIAL EXCEPTION USES IN C DISTRICT 4F.3.1 Automotive service station. 4F.3.2 Auto sales and repairs. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 33

35 4F.3.3 4F.3.4 4F.3.5 4F.3.6 4F.3.7 4F.3.8 4F.3.9 4F F F F F F F F F F F F.3.21 Public safety facilities. Hotel, motel. Excavations. Sales and storage of propane gas. Mini storage facilities. Educational institutions including child care facilities. Car wash. Bed and Breakfast/Inn Operations. Wireless Telecommunication Site subject to the requirements of Section herein. Horticulture and the raising of nursery products. Church, synagogue or other place of worship. Membership club. Town hall, library, museum and similar municipal or cultural facility of a non-commercial nature. Funeral home or mortuary, including a crematorium as an accessory use only. (EFFECTIVE DATE: March 23, 2006) Hospital or medical clinic. Public or private recreation facilities. Public utility structures, such as sewerage pump stations, power transformers, and water storage tanks, provided such facilities are, to the extent possible, designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. Commercial Kennels provided the requirements of Section and Section are met. Restaurants and eating and drinking establishments including drive-through service or where most food is intended to be consumed off the premises. 4F.4 DIMENSIONAL REQUIREMENTS IN "C" DISTRICTS. 4F.4.1 4F.4.2 4F.4.3 4F.4.4 4F.4.5 4F.4.6 4F.4.7 (Section Deleted) Minimum Lot Size: 30,000 square feet of which at least 22,500 square feet is contiguous buildable area. Minimum Lot Frontage on a Street: 75 feet. Minimum Front Yard Setback (from Property Line): 15 feet. Minimum Side Yard: No side yard is required between abutting lots where both are zoned and used for commercial purposes. Where the lot abuts a residential use, 25 feet shall be maintained plus an additional three inches for each foot of height above 35 feet, which yard shall not be used for parking, loading or storage. Minimum Rear Yard: 10 feet. Maximum Building Height: 40 feet. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 34

36 4F.4.8 4F.4. 9 Maximum Building Coverage: 50% of the buildable area. Maximum Impervious Coverage: 75% of the buildable area except as provided in Section F.5 SPECIAL REGULATIONS IN C DISTRICTS 4F.5.1 4F.5.2 4F.5.3 The Commission may permit establishment of a flag lot as a Special Exception provided such lot complies with Section The Commission may permit development on a flag lot as a Special Exception provided that the access way shall, as determined by the Commission, be adequate for the proposed use and potential future use. If the flag lot is being created at the same time as the application for development, the Special Exception applications may be combined. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 35

37 SECTION 4G B BUSINESS DISTRICT 4G.1 PURPOSE. The Business District is designed to foster compatible business diversification in areas where larger sites are available. 4G.2 PERMITTED USES. The following uses are permitted by right in the Business "B" District. 4G.2.1 4G.2.2 4G.2.3 4G.2.4 4G.2.5 4G.2.6 4G.2.7 4G.2.8 4G.2.9 4G.2.10 Corporate and professional offices. (Section Deleted) (Section Deleted) Hotel or motel. Theater building. (Section Deleted) (Section Deleted) Printing and related trades. Laboratories and research facilities. Repair services, such as radio, television, computer, appliance and plumbing shops, or furniture upholstery. 4G.2.11 (Section Deleted) 4G.2.12 Metal working shop, including welding or machine shop. 4G.2.13 Light manufacturing or assembly conducted entirely within a building, such as computer or electronic components and equipment, and light industrial machinery or equipment and sub-assemblies for commercial applications. 4G.2.14 Warehouse, storage and distribution facilities, except not to include Mini-storage facilities. 4G.2.15 Retail sales of products manufactured, assembled, warehoused, or stored on the premises provided the retail sales area does not exceed 30% of the building or 4000 square feet, whichever is less. 4G G G.2.18 (Section Deleted) (Section Deleted) (Section Deleted) 4G.2.19 Seasonal roadside stands for the sale of fresh fruit and/or vegetables 4G.2.20 (Section Deleted) 4G.3 SPECIAL EXCEPTION USES IN BUSINESS DISTRICTS B DISTRICTS 4G.3.1 (Section Deleted) 4G.3.2 Wireless Telecommunication Site subject to the requirements of Section herein. 4G.3.3 Public or private recreation facilities. 4G.3.4 Banquet, conference and convention facilities. 4G.3.5 Hospital or clinic. 4G.3.6 Educational institutions, including child care facilities. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 36

38 4G.3.7 Construction business, provided equipment is housed within a building. 4G.3.8 Horticulture and raising of nursery products. 4G.3.9 Public utility structures, such as sewerage pump stations, power transformers, and water storage tanks, provided such facilities are, to the extent possible, designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4G.3.10 Commercial Kennels provided the requirements of Section and Section are met. 4G.4 DIMENSIONAL REQUIREMENTS IN BUSINESS B DISTRICTS 4G.4.1 Minimum Lot Size: 40,000 square feet of which at least 30,000 square feet is contiguous buildable area. 4G.4.2 Minimum Lot Frontage on a Street: 200 feet on arterial and collector streets and 150 feet on local and dead end streets. 4G.4.3 Minimum Front Yard Setback: 50 feet. 4G.4.4 Minimum Side Yard: 25 feet. 4G.4.5 Minimum Rear Yard: 25 feet. 4G.4.6 Maximum Building Height: 35 feet. 4G.4.7 Maximum Building Coverage: 40% of the buildable area. 4G.4.8 Maximum Impervious Coverage: 75% of the buildable area except as provided in Section G.5 SPECIAL REGULATIONS IN BUSINESS B DISTRICTS 4G.5.1 The Commission may permit establishment of a flag lot as a Special Exception provided such lot complies with Section G.5.2 The Commission may permit development on a flag lot as a Special Exception provided that the access way shall, as determined by the Commission, be adequate for the proposed use and potential future use. 4G.5.3 If the flag lot is being created at the same time as the application for development, the Special Exception applications may be combined. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 37

39 SECTION 4H - "I" INDUSTRIAL DISTRICTS 4H.1 PURPOSE. Manufacturing, assembly and storage activities are permitted in these areas, and other uses incompatible with high levels of routine public access. 4H.2 PERMITTED USES. The following uses are permitted by right in Industrial "I" Districts: 4H.2.1 4H.2.2 4H.2.3 4H.2.4 4H.2.5 4H.2.6 4H.2.7 4H.2.8 4H.2.9 4H H H.2.12 Feed grain mills and storage facilities. (Section Deleted) (Section Deleted) Storage and maintenance of construction supplies and equipment. Trucking terminal and/or warehousing. Manufacturing or assembly with such manufacturing or assembly being conducted entirely within a building. (Section Deleted) Metal working shop, including welding and machine shop. Bulk fuel storage in tanks not exceeding 10,000 gallons capacity per tank. Lumberyard, including warehousing, storage, manufacturing, fabrication and sale of lumber, wood products, and the sale of other products used in conjunction with building construction. (Section Deleted) (Section Deleted) 4H.2.13 (Section Deleted) 4H.2.14 (Section Deleted) 4H.2.15 Retail sales of products manufactured, assembled, warehoused, or stored on the premises provided the retail sales area does not exceed 30% of the building or 4,000 square feet, which ever is less. 4H.3 SPECIAL EXCEPTION USES IN INDUSTRIAL DISTRICTS. 4H.3.1 Excavations. 4H.3.2 Temporary saw mill or other commercial wood cutting operation. 4H.3.3 4H.3.4 (Section Deleted) (Section Deleted) 4H.3.5 Fuel storage tanks in excess of 10,000 gallon capacity. 4H.3.6 Wireless Telecommunication Site subject to the requirements of Section herein. 4H.3.7 Automotive sales, service, supplies, parts and repairs. 4H.3.8 Town garage or other municipal storage facility. 4H.3.9 Municipal refuse disposal facility, salvage or recycling operation. 4H.3.10 Horticulture and raising of nursery products. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 38

40 4H.3.11 Public utility structures, such as sewerage pump stations, power transformers, and water storage tanks, provided such facilities are, to the extent possible, designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4H.3.12 Commercial Kennels provided the requirements of Section and Section are met. 4H.4 DIMENSIONAL REQUIREMENTS FOR INDUSTRIAL "I" DISTRICTS. 4H.4.1 Minimum Lot Size: 40,000 square feet of which at least 30,000 square feet is contiguous buildable area. 4H.4.2 Minimum Lot Frontage on a Street: 200 feet on arterial and collector streets and 150 feet on local and dead end streets. 4H.4.3 Minimum Front Yard: 50 feet. 4H.4.4 Minimum Side Yard: 25 feet. 4H.4.5 Minimum Rear Yard: 25 feet. 4H.4.6 Maximum Building Height: 35 feet. 4H.4.7 Maximum Building Coverage: 40% of the buildable area. 4H.4.8 Maximum Impervious Coverage: 75% of the buildable area except as provided in Section H.4.9 The Commission may, by Special Exception, increase the height limitation of this Section for a portion of the building when such additional height is required for the proposed operation, the additional height will not have an adverse effect on adjacent property, and the maximum height does not exceed 60 feet and the applicant has made adequate provisions for fire protection. 4H.5 SPECIAL REGULATIONS IN INDUSTRIAL I DISTRICTS 4H.5.1 The Commission may permit establishment of a flag lot as a Special Exception provided such lot complies with Section H.5.2 The Commission may permit development on a flag lot as a Special Exception provided that the access way shall, as determined by the Commission, be adequate for the proposed use and potential future use. 4H.5.3 If the flag lot is being created at the same time as the application for development, the Special Exception applications may be combined. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 39

41 SECTION 4.I TRANSITIONAL BUSINESS DISTRICT 4I.1 PURPOSE: This District is intended to provide an area of transition in size, scale, and intensity between large scale business / commercial activities and major traffic arteries in Town and nearby residential neighborhoods. 4I.2 PERMITTED USES: The following uses are permitted by right in the Transitional Business District. 4I.2.1 4I.2.2 4I.2.3 4I.2.4 4I.2.5 4I.2.6 Business and professional offices. Medical, dental, or optical laboratories. Research facilities. Hotel or motel. Day care centers Municipal, institutional, or cultural facility of a non-commercial nature. 4I.3 SPECIAL EXCEPTIONS IN TRANSITIONAL BUSINESS DISTRICTS 4I.3.1 4I.3.2 4I.3.3 4I.3.4 4I.3.5 4I.3.6 4I.3.7 4I.3.8 Multi-family dwellings subject to the provisions of Section 11.6 herein. Planned Residential Developments, not to exceed a residential density of 0.6 dwelling units per acre of buildable area subject to the provisions of Section herein. Elderly housing, subject to the provisions of Section herein. Retail businesses, not to exceed 5,000 square feet. Sit-down restaurants and eating establishments, not to exceed 60 seats. Contractor s operations, including outside storage of construction supplies and equipment. All components of such operation shall be located greater than 200 feet from a property line that is adjacent to residential uses or are buffered from residential uses by landscaping. This setback and buffer dimensional requirement shall supercede those of Section 13.9 and N, but all other provisions of these sections shall remain in effect. Wireless telecommunications site Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4I.4 DIMENSIONAL REQUIREMENTS IN TRANSITIONAL BUSINESS DISTRICT TB DISTRICT 4I.4.1 4I.4.2 4I.4.3 4I.4.4 4I.4.5 4I.4.6 Minimum Lot Size: 40,000 square feet of which at least 30,000 square feet is buildable area as defined in Section 2 Minimum Lot Frontage on a Street: 200 feet on arterial and collector streets and 150 on local and dead end streets Minimum Front Yard Setback: 50 feet Minimum Side and Rear Yard for other than Single Family Use: Along property zoned and used for residential purposes 100 feet; along limited access highway or other commercial property, 25 feet. Minimum Side and Rear Yard for Single Family Use: 25 feet Maximum Building Height: 35 feet 4I.4.7 Maximum Building Coverage: 40% of buildable area TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 40

42 4I.4.8 4I.4.9 Maximum Impervious Coverage: 75% of buildable area except as provided in Section The uses in the Transitional Business District shall be limited to a maximum building size of 12,000 square feet. 4I.4.10 Each parcel may contain more than one building as long as all other dimensional requirements of this section are complied with. 4I.4.11 The Commission may require additional landscaped buffers between uses, both within the property and/or along property lines adjacent to residential uses. 4I.4.12 The commission may, by special exception, increase the height limitation of this section for a portion of the building when such additional height is required for the proposed operation, the additional height will not have an adverse effect on adjacent property, the maximum height does not exceed 50 feet and the applicant has made adequate provisions for fire protection. 4I.5 SPECIAL REGULATIONS IN TB DISTRICTS 4I.5.1 4I.5.2 4I.5.3 The Commission may permit establishment of a flag lot as a Special Exception provided such lot complies with Section The Commission may permit development on a flag lot as a Special Exception provided that the access way shall, as determined by the Commission, be adequate for the proposed use and potential future use. If the flag lot is being created at the same time as the application for development, the Special Exception applications may be combined. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 41

43 SECTION 4J R-80 RURAL RESIDENTIAL DISTRICTS 4J.1 PURPOSE. Areas of the Town in this category include public water supply watersheds, state forest holdings, agricultural lands, and residences located on large lots. The large-lot requirement is intended to preserve a distinctly rural character, natural resources, and the public water supply in these areas. 4J.2 PERMITTED USES. The following uses are permitted by right in the R-80 Districts: 4J.2.1 4J.2.2 4J.2.3 4J.2.4 4J.2.5 4J.2.6 4J.2.7 Single-family detached dwelling. Agricultural activities, including the raising of livestock and poultry, excepting piggeries or operations involving the raising of fur animals for commercial use, and provided the lot contains a minimum of 120,000 square feet. Structures sheltering livestock or poultry shall be no closer than 100 feet from any property line. The care of livestock and/or poultry shall conform to Federal and State Statutes and/or regulations including, but not limited to Connecticut Public Health Code, Department of Environmental Protection, and Department of Agriculture. Horticulture and the raising of nursery products. Seasonal roadside stands for the sale of fresh fruits and/or vegetables grown on the premises, provided no such stand shall be greater than 200 square feet in size or located less than 30 feet from the travel lane of any street or highway. Publicly owned recreation area, such as a park, playground, or boat landing. Accessory buildings and uses. Home Occupations. 4J.2.8 Commercial or Industrial uses as they were in existence as of December 12, J.3 SPECIAL EXCEPTION USES IN R-80 DISTRICT. 4J.3.1 4J.3.2 4J.3.3 4J.3.4 4J.3.5 4J.4.6 4J.4.7 Churches, synagogues, and other places of worship, including parish halls. Riding stables. Country clubs, or seasonal boarding camps, sportsmen s clubs. Educational institutions. Accessory apartments. Expansion or modification of commercial or industrial uses in existence as of December 12, 2003 subject to the requirements of Section herein. Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4J.4 DIMENSIONAL REQUIREMENTS IN R-80 DISTRICTS 4.J.4.1 4J.4.2 4J.4.3 Minimum Lot Size: 80,000 square feet of which at least 45,000 square feet is contiguous buildable area, within which a 150 foot square is buildable area. Minimum Lot Frontage on a Street: 300 feet on arterial and collector streets and 200 feet on local and dead end streets. Minimum Front Yard Setback (from Property Line): 100 feet for new construction on arterial and collector streets and 50 feet elsewhere. 4J.4.4 Minimum Side Yard Setback: 25 feet. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 42

44 4J.4.5 4J.4.6 Minimum Rear Yard: 25 feet. Maximum Building Height: 35 feet. 4J.4.7 Maximum Lot Coverage: 7.5%. 4J.4.8 4J.4.9 Maximum Subdivision Density: 0.35 lots per acre of buildable area. The Density listed in Section 4J.4.8 shall not apply to subdivisions or resubdivisions of three (3) lots or less provided the lot to be subdivided was not part of a subdivision approved by the Commission subsequent to November 10, Further subdivision or resubdivision of any lot created as a result of this section shall thereafter be subject to the Density requirement of the zoning district in which the lot is located. See Sections 4K and 4L for development flexibility options TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 43

45 SECTION 4K RESIDENTIAL DEVELOPMENT FLEXIBILITY FOR OPEN SPACE PRESERVATION 4K.1 PURPOSE: This section is intended to allow for residential development flexibility in order to help preserve Colchester s rural character and encourage the preservation of open space. 4K.2 APPLICABILITY: The Commission may, by granting of a Special Exception in accordance with the criteria of Section 11.5 and Section 4K.7, approve one (1) or more of the modifications set forth in Section 4K.3, Section 4K.4, and Section 4K.5 for any residential development provided at least one (1) of the following conditions is met: 4K.2.1 More than 15% of the parcel is permanently preserved as open space meeting the functional criteria of Section 6.5.1a of the Subdivision Regulations; 4K.2.2 A substantial open space buffer is permanently preserved as open space along the undeveloped portions of collector or arterial roads and the buffer is: at least 100 feet in width and significant, uninterrupted length, not included in the calculation of any lot area, and retained in its natural state except for a public or private roadway accessing development on the interior of the parcel. 4K.3 POTENTIAL DENSITY INCREASE. The Commission may increase the maximum residential density allowed in a development provided: 4K.3.1 The density increase shall not exceed one half percent (.50%) for each additional percentage that open space is preserved in excess of the minimum open space requirement. (i.e. if 35 % of the parcel is preserved as open space, this is 20 % greater than the minimum requirement of 15 % and the Commission may increase the density by up to 10%.) 4K.3.2 The Commission may, in its sole discretion, round up a fractional remainder in the number of units to the next whole number. 4K.4 POTENTIAL DIMENSIONAL REDUCTIONS. The Commission may reduce one (1) or more of the following requirements for a lot fronting on and obtaining access from a local or dead end street to the same extent that open space is preserved in excess of the minimum open space requirement provided that, in no event, shall this result in a reduction of more than one-third (1/3) in any requirement. (i.e. if 35 % of the parcel is preserved as open space, this is 20 % greater than the minimum requirement of 15 % and the Commission may reduce the requirement by up to 20%.) 4K.4.1 Reduce the minimum lot size requirement. 4K.4.2 Reduce the minimum contiguous buildable area requirement. 4K.4.3 Reduce the dimension of one (1) side of the minimum buildable square. 4K.4.4 Reduce the minimum lot frontage for a lot fronting on and obtaining access from a local or dead end street. 4K.5 POTENTIAL ADDITIONAL DIMENSIONAL FLEXIBILITY. The Commission may modify one (1) or more of the following requirements: 4K.5.1 Increase the maximum lot coverage. 4K.5.2 Reduce the minimum setback and yard dimensions for a lot fronting on and obtaining access from a local or dead end street. 4K.6 ADDITIONAL PROVISIONS FOR FLEXIBILITY. The flexibility afforded by this Section may be combined with the flexibility provided by Section 4L. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 44

46 4K.7 PROCEDURE. 4K.7.1 Prior to modifying any such requirement, the Commission shall make findings on the record that:: a. a licensed landscape architect has prepared a conceptual plan identifying significant features on the site and identifying which of such features are to be preserved; b. the proposed plan will, in the Commission s sole discretion, conserve significant features on the site and promote the retention of community character; c. the requirements of Section L are satisfied; d. there will be a significant benefit resulting from the open space that is being preserved in perpetuity, such as: i. establishment of an open space corridor or greenway or interconnection of existing open spaces; ii. iii. iv. preservation of areas along collector or arterial roads that will protect rural appearance or character; protection of important natural and/or scenic resources, and/or provision for public access. e. the open space will not result in small or fragmented open space parcels that do not provide community benefits. 4K.7.2 Any modification(s) so granted shall be clearly identified and delineated on the approved development plan. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 45

47 SECTION 4L RESIDENTIAL DEVELOPMENT FLEXIBILITY FOR HOUSING DIVERSITY 4L.1 PURPOSE. This section is intended to allow for residential development flexibility in order to promote the development of housing opportunities, consistent with soil types, terrain, and infrastructure capacity and promote housing choice and economic diversity to help meet housing needs. 4L.2 POTENTIAL DENSITY INCREASE. The Commission may, by granting of a Special Exception in accordance with the criteria of Section 11.5 and Section 4L.5, increase the maximum number of dwelling units permitted in a residential development to the extent that Housing Affordability Units are developed provided: 4L.2.1 This shall not result in an increase of more than 10% in the number of units. (i.e. if 10 % of the proposed housing units will be deed restricted as Housing Affordability Units, the Commission may increase the density by up to 10 %.) 4L.2.2 The Commission may, in its sole discretion, round up a fractional remainder in the number of units to the next whole number. 4L.3 POTENTIAL DIMENSIONAL FLEXIBILITY. The Commission may, by granting of a Special Exception in accordance with the criteria of Section 11.5 and Section 4L.4, modify one or more of the following requirements in a residential development to the extent that Housing Affordability Units are developed provided that, in no event, shall any modification exceed more than 20% of any requirement. (i.e. if 10% of the proposed housing units will be deed restricted as Housing Affordability Units, the Commission may modify any of the following requirements by up to 10%.) 4L.3.1 4L.3.2 4L.3.3 4L.3.4 4L.3.5 4L.3.6 Reduce the minimum lot size requirement. Reduce the minimum contiguous buildable area requirement. Reduce the dimension of one (1) or more sides of the minimum buildable square. Reduce the minimum lot frontage for a lot fronting on and obtaining access from a local or dead end street. Increase the maximum lot coverage. Reduce the minimum setback and yard dimensions for a lot fronting on and obtaining access from a local or dead end street. 4L.4 ADDITIONAL PROVISIONS FOR FLEXIBILITY. The flexibility afforded by this Section may be combined with the flexibility provided by Section 4K. 4L.5 PROCEDURE. 4L.5.1 Prior to modifying any such requirement, the Commission shall make findings on the record that: a. The requirements of Section L are satisfied. b. The applicable requirements of CGS 8-2g, as amended, are satisfied. c. The Housing Affordability Units will meet an identified community need. d. The Housing Affordability Units will be integrated into the development in a meaningful way (pro-rata construction of units, interspersed within development, substantially similar construction, etc.). 4L.5.2 Any modification(s) so granted shall be clearly identified and delineated on the approved development plan. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 46

48 SECTION 4.M BUSINESS PARK DISTRICT BP (Effective 9/16/09) 4M.1 PURPOSE: This District is intended to provide an area for development of a variety of business uses in appropriate locations in Colchester that are well served by transportation and utility infrastructure. 4M.2 PERMITTED USES: The following uses are permitted by right provided they are served by public water and public sewer, derive access from internal roads rather than existing collector or arterial roads, and use best management practices to protect water quality. 4M.2.1 4M.2.2 4M.2.3 4M.2.4 Business, corporate, or professional offices. Medical, dental, or optical laboratories. Laboratories and research facilities. Accessory buildings and uses. 4M.3 SPECIAL EXCEPTIONS: The following uses are permitted by Special Permit provided they are served by public water and public sewer, derive access from internal roads rather than existing collector or arterial roads, and use best management practices to protect water quality. 4M.3.1 Retail business such as, but not limited to, grocery, drug, apparel, variety, furniture, or sporting goods store when all of the following criteria are met: the total gross floor area for retail businesses in each Business Park District shall not exceed 200,000 square feet, and the proposed development helps create a public road system that will promote overall development of a mixed-use business park. 4M.3.2 4M.3.3 4M.3.4 4M.3.5 4M.3.6 4M.3.7 4M.3.8 4M.3.9 Restaurants and eating and drinking establishments when most food and drink is intended to be consumed on the premises at tables, counters or bars. Warehouse, storage and distribution facilities, except not to include mini-storage facilities. Light manufacturing or assembly conducted entirely within a building, such as computer or electronic components and equipment, and light industrial machinery or equipment and sub-assemblies for commercial applications. Hotel, motel or banquet facility. Movie Theater. Municipal, institutional, or cultural facility of a non-commercial nature. Wireless telecommunications site subject to Section of these Regulations. Public utility structures, such as sewerage pump stations, power switching equipment, and water storage tanks that are designed and landscaped to blend with the natural surroundings, and provided no vehicle or equipment storage is involved. 4M.3.10 Purpose: The Town of Colchester endorses the mixed use development concept and seeks to create a diverse and pedestrian friendly neighborhood with a mix of housing, shopping, workplace and entertainment uses and nodes for transportation access, all within a short walk of one another. A range of types, sizes, amenities and uses will enhance a series of inviting functional public spaces including shopping streets, pedestrian friendly streetscapes, open spaces, courtyards, trails, residential, office and retail in mixed us buildings. Finally, the design principles for buildings and streets are taken from traditional small towns that provide intimate pedestrian friendly community life. Any requests for commission discretion must be provided graphically and in writing. (amended 9/16/09) TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 47

49 4M Multi Family Residential development of no more than 75 total units on a parcel is permitted provided that all criteria below are satisfied. If parcels are subdivided, a total of 75 units are permitted for the entire subdivision. For development under this section (Section 4.M.3.10.), requirements of Section 11.6 are superseded except that Sections , through and through remain in effect. All other regulatory standards, as defined in the Zoning Code, remain in effect for development under Section 4.M.3.10 unless specifically addressed in the section except Section , 11.22, and which do not apply. No more than 400 units will be permitted in all of the Business Park zoned development areas. When the total of units permitted meets this threshold, there shall be no additional residential units permitted under this section. (Amended 9/16/09) 4M General Requirements Height, Bulk, Scale 4M (a) 4M (b) Minimum land area 15 acres Mixed use within buildings Mixed uses within buildings shall be required. Development must have at least 30% of the total residential units in buildings containing non residential uses. Construction of separate multi-family blocks is discouraged. Instead, dwelling units at grade or at upper levels of mixed use buildings is encouraged. 4M (c) Building Frontage Yards, within the interior areas of BP mixed use developments, are determined based on their relationship to the specific buildings. For the purposes of the BP district, front yards are defined as the yard directly in front of the main building entrance. The other yards (side and rear), will be determined based on their relationship to the front yard. If there are two entrances proposed as the front, the PZC will TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 48

50 determine which entrance will be considered the main or front. Amended 9/16/09) 4M (d) 4M (e) 4M (f) 4M (g) 4M (h) 4M (i) 4M (j) Affordable units A minimum of 20% of dwelling units developed under this section shall be sold or rented at affordable rates (per Sate of CT definition of affordable). No more than 20% of units identified to satisfy affordable requirements can be located in one building. Utilities All utilities (water, sewer, power, data) shall be installed underground. Minimum amount of non residential development to permit residential mixed use component In order to qualify for residential use, the proposed development shall also contain a minimum of 50,000 square feet or more of permitted non-residential uses or retail business as permitted in section 4M.2 and 4M.3 (permitted as special exception). Phasing, concurrent development The size and amount of a site development area containing multi family residential uses may be limited by the PZC during the approval process by requiring phasing of construction. No more than 50 residential units may be constructed concurrently with the non residential section of the development. In order to exceed 50 units, the non residential section of the development must be more than 75% completed. Density The overall residential density of a mixed use site under this section may not exceed 7 dwelling units/acre per buildable area (buildable area defined in Section 2.3). There may be no more than 6 dwelling units per building for residential only buildings; for mixed use buildings there may be no more than 10 dwelling units per buildings. Unit Size No more than 10% of residential units shall contain 3 bedrooms and no unit can include more than three (3) bedrooms. Residential units will be limited to 1,750 square feet of total area or less. Integration The location of the multi family dwelling units must be fully integrated with no residential uses (commercial, retail, office, and/or recreational uses). Maximum building footprint occupied entirely by a non residential use shall be 50,000 square feet. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 49

51 4M (k) 4M (l) 4M (m) Live Work Units Mixed use development should promote the development of pedestrian oriented live work units. A live work unit is a structure that combines a limited office, retail services or business service with a residential living space and has no more than 4 employees. A live work unit can be used to satisfy the non residential development requirement in an amount equal to the space within an individual live work unit that is devoted to specifically to non residential endeavor. In addition, the residential portion of live work unit will count as a residential unit. Building Setback -Setbacks of buildings within developments constructed under Section 4.M are not required. Amended 9/16/09) Setbacks/Buffers to Public Streets or Parcel Boundaries Minimum setback distances to parcel boundaries/public roads are identified in the chart below. The commission may require additional planting and other buffering features to minimize impacts on adjacent properties. In cases of mixed uses within structures, buffering will based on the most restrictive use of a structure. Amended 9/16/09) Internal use Res (under 35 in height) Buffering Distances (feet) Residential (over 35 in height) Commercial Industrial External use Res Commercial Industrial M Parking 4M (a) Shared Parking Applicants may be required to develop and submit a shared parking plan that considers different peak hour levels and other factors for various land uses proposed. Applicant must submit a detailed evaluation of the parking spaces proposed and how they might be used during a peak day. At a minimum, the parking needs of all individual land uses must be addressed. The PZC shall make specific finding regarding how each land use was evaluated regarding its parking requirements. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 50

52 4M (b) Off Street Parking Off street parking is not permitted in front yard areas within BP mixed use developments and must be placed in rear or side yard areas. Garages can be located in the front yard of residential buildings provided that the architectural features on the garage doors are consistent with the rest of the structure. Parking is not permitted in required buffer areas (Section 4.M (m)) along the external boundaries of BP developments permitted under Section 4.M.3.10 unless expressly permitted by the PZC. Amended 9/16/09) 4M (c) Parking Garages Parking decks and structures are encouraged as they decrease the maximum impervious area. 4M (d) On Street Parking On street parking within the interior areas of mixed use BP developments is permitted. Diagonal parking may not exceed 60 degrees, as illustrated in table 15-8, or parallel parking may be permitted along private interior access roads of the development. Amended 9/16/09) 4M Design Guidelines 4M (a) Building Placement Zero lot line the majority of buildings on the site shall be placed within 10 feet of the front lot line or up to the sidewalk edge if the sidewalk is larger than 10 feet in width. Off street parking shall be located in the side yard or back yard of the property. This will be done to maintain a street focus with the emphasis on pedestrian activity. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 51

53 4M (b) Lighting - in addition to the regular requirements, the following standards shall be met in the BP district to ensure that site lighting contributes to the character of the site and does no6t disturb adjacent development. Lighting should be provided within the parking lots and along pedestrian walkways. Lighting fixtures shall be limited to heights of 18 to 20 feet for parking lots and 12 to 16 feet for pedestrian walkways. All lighting should be shielded from producing off-site glare, through optical design inside fixture so that the direction of the lighting is downward (see Zoning Code Section 8). Most street lights shall have brackets to mount special event and other flags and banners. 4M Architectural Character the following guidelines shall apply to development in the BP zone proposed under this section. 4M (a) Street level businesses are a prime focus of this regulation. Toward this end, street level facades are encouraged and shall incorporate a minimum of 2 continuous details. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 52

54 4M (b) Minimum of 40% of the street level facades shall be transparent. Upper floors shall have a minimum of 20% transparency. 4M (c) Screening-all utilities including dumpsters, shall be screened by parapets, walls, fences, landscaping and roofing. 4M Pedestrian Circulation 4M (a) 4M (b) 4M (c) 4M (d) 4M (e) In order to emphasize the goal of successful pedestrian integration, the commission will like require sidewalks in all sections of the development. The commission shall also consider: Requiring short street lengths Require cross walks Consider installation of pedestrian activated signals Prohibit cul-de-sacs and curbs, except where significant barrier exists. Sidewalks, within the interior of a mixed use BP development, must be located in front of all mixed use and non residential buildings and must be a minimum of ten (10) feet in width. All residential interior sidewalks shall be a minimum of five (5) feet in width. Sidewalks can include alternative materials, i.e. pavers and other green devices. Sidewalks along the boundaries of a parcel developed in a BP zone would be required and constructed as per section Amended 9/16/09) Site plans shall include a street furniture plan which identifies elements proposed to be used including seating, art, utilities (garbage cans, postal boxes, etc.). Pedestrian activities concentrated at street corners. Entrances and open spaces should be wide and covered TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 53

55 4M Signage Unified 4M (a) 4M (b) All signage within each business park development shall be of the same style, size and design. Individual properties shall not diverge from that style and design except that trademarks and other logos can be included provided that the size and scale of such is consistent with overall signage. Informational signage shall also be of a common style, design and size. 4M (c) Signage that is not placed on buildings cannot exceed 3 feet by 3 feet in size. 4M.4 DIMENSIONAL REQUIREMENTS IN BP DISTRICT 4M.4.1 4M.4.2 4M.4.3 Minimum Lot Size: 40,000 square feet of which at least 30,000 square feet is buildable area. Minimum Lot Frontage on a Street: 200 feet on arterial and collector streets and 150 on local and dead end streets. Minimum Front Yard Setback: 50 feet 4M.4.4 Minimum Side and Rear Yard: See 4M (m) Amended 9/16/09) 4M.4.5 4M.4.6 4M.4.7 4M.4.8 4M.4.9 Maximum Building Height: 45 feet Maximum Building Coverage: 40% of buildable area Maximum Impervious Coverage: 75% of buildable area Each parcel may contain more than one building as long as all other dimensional requirements of this section are complied with. The Commission may require additional landscaped buffers between uses, both within the property and/or along property lines to mitigate impacts between uses. Amended 9/16/09) 4M.4.10 The Commission may, increase or reduce any of the yard requirements of this Section when considering whether a proposed development is fully consolidated with an adjacent TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 54

56 development in terms of access, parking, circulation, and other design features, as well as addressing impacts (noise, glare, etc.) of the proposed development on adjacent external land uses. Amended 9/16/09) 4M.4.11 The Commission may, by Special Exception, increase the height limitation of this Section for a portion of the building when such additional height is required for the proposed operation, the additional height will not have an adverse effect on adjacent property, and the maximum height does not exceed 60 feet, and the applicant has made adequate provisions for fire protection. 4M.4.12 Non-Integrated Parcels: In cases where an applicant proposes to develop areas of a parcel in a manner that is non-integrated with mixed use business park area proposed or developed within the same parcel, applicant shall be required to demonstrate why it not feasible to physically connect all developable areas within the parcel. Applicant shall submit a detailed report to the commission setting forth the following: the precise topographical and environmental conditions on the site; the issues preventing the integration of the site with the rest of the parcel, each alternative that was considered in determining whether to integrate the proposed developable areas; that no level of environmental mitigation is reasonable to permit integration In the event it is demonstrated to the satisfaction of the commission that integration of the parcel is not feasible due to environmental or other constraints, the non-integrated areas shall be developed using the BP district standards under section 4.M.2 and 4.M.3.1 to 4.M.3.9. In addition, the developed areas must make findings that the applicant has considered all potential alternatives toward integrating developable areas on a parcel and that due to environmental or other constraints it is not feasible to accomplish. Amended 9/16/09) 4M.5 OTHER REQUIREMENTS IN BP DISTRICT 4M.5.1 Development in the Business Park District(s) shall: a. Promote implementation of the Transportation Plan, particularly with regard to the location and configuration of a conceptual ring road, as depicted in the Plan of Conservation and Development, and; b. Derive access from roads internal to the Business Park District rather than existing collector or arterial roads such as Parum Road or Chestnut Hill Road unless the Commission has granted a Special Exception for access from an existing collector or arterial road, and c. Not derive access from local roads that are not internal to the Business Park District. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 55

57 SECTION 4N COMMERCIAL/ LIGHT INDUSTRIAL DISTRICT-(CLI) Adopted 6/1/10 4N.1 PURPOSE The Commercial / Light Industrial district is intended to provide for commercial and industrial uses that are located in areas not serviced by water and sewer but are adjacent to major transportation routes or other transportation infrastructure and therefore are appropriate for commercial and light industrial land use. These uses should be and have limited capability for polluting the air or contaminating any body of water or aquifer given that most of the properties in the proposed zone are located near or within the town aquifer protection zone. Also development in these areas should be in well designed buildings and attractively landscaped sites as they are visible from major transportation routes. 4N.2 PERMITTED USES: The following uses are permitted as a matter of right in the CLI district: 4N.2.1 Public or private recreation and open space 4N.2.2 4N.2.3 4N.2.4 4N.2.5 4N.2.6 Retail uses under 20,000 sf Gasoline stations provided that they are not in APZ s and are adjacent to transportation interchanges. Business services Metal Working per 4G.2.12 Repair Services per 4G N.2.7 Light Manufacturing under 20,000 sf per 4G.2.13 and 15 4N.2.8 Sit down restaurant and eating establishment per 4I.3.5 4N.3 SPECIAL EXCEPTIONS: 4N.3.1 4N.3.2 4N.3.3 4N.3.4 4N.3.5 Construction services including landscaping except salvage and wrecking services per either 4G.3.7 or 4I.3.6; Government Manufacture and assembly of miscellaneous products per 4G.2.13; Office, general and/or professional; Research Facilities; 4N.3.6 Retail uses over 20,000 4N.3.7 Public Utility Structures per 4F.3.19 TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 56

58 4N3.8 Warehousing and storage except for mini storage per 4G N.3.9 4N N N.3.12 Light Industrial uses over 20,000 sf Hotel/Motel Banquet conference and convention facilities Restaurant drive through 4N.4 PERFORMANCE STANDARDS: The use shall emit no offensive odors perceptible from any property line of the lot of which the operation is located, and shall emit no obnoxious, toxic, or corrosive fumes, smoke or gases; 4N.5 DIMENSIONAL REQUIREMENTS IN CLI DISTRICTS 4N.5.1 Minimum Lot Size: 40,000 square feet f of which 30,000 square feet is contiguous buildable area; 4N.5.2 Minimum Lot Frontage on a Street: 200 feet on arterial and collector streets, and 150 feet on local and dead end streets. 4N.5.3 Maximum impervious coverage allowed on any site is 60%; 4N.5.4 Minimum separation distance of impervious surface to the Salmon/Jeremy River and their associated wetlands, or any other water courses or body of water shall be 100 feet; 4N.5.5 Minimum undisturbed buffer to the Salmon/Jeremy River, their associated wetlands, or any other wetlands shall be 50 feet; and, 4N.5.6 The Commission may permit outside storage, as an accessory use, behind the rear wall of the principal building, if appropriate screening, acceptable to the Commission, is provided to screen such storage from view from public rightsof-way, the Airline Trail, other unique public places and neighboring properties. 4N.6 SPECIAL REGULATIONS IN CLI DISTRICTS: Section 4H.5.1 thru 4H.5.3 apply to all development permitted under this section. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 57

59 SECTION 5 - HISTORIC PRESERVATION OVERLAY ZONE (HPOZ) 5.1 PURPOSE: An Historic Preservation Overlay Zone (HPOZ) is hereby established for the purpose of encouraging the protection, enhancement, and use of buildings and structures and appurtenant vistas having historic and/or aesthetic value which represent or reflect elements of the Town's cultural, social, economic and architectural history. Areas or properties are eligible for designation as Historic Preservation Overlay Zone if any portion of such properties are listed on the National Register of Historic Places, either individually or as part of a National Register District, or a property designated as historically significant by the Connecticut Historical Commission (Lusignan Historical and Architectural Survey, 1991). Properties may also be considered for inclusion in the Historic Preservation Overlay Zone if, (1) an historic association to a listed property can be documented (i.e., mill housing to a mill), or, (2) the portion of the property located within 500 feet of the Colchester Village National Register Historic District and the Commission determines that the parcel has significant potential to negatively impact the protection and enhancement of the distinctive character, landscape or historic values identified in the Colchester Plan of Conservation and Development and in this section, including the protection, enhancement, and use of buildings, structures and appurtenant vistas having historic or aesthetic value which represent or reflect elements of Colchester s cultural, social, economic and architectural history. 5.2 USES NOT ALLOWED IN THE HISTORIC PRESERVATION OVERLAY ZONE: Uses shall be those permitted as-of-right or by Special Exception in the underlying zone; however, specifically excluding all of the following uses as being inconsistent with the purpose of the Historic Preservation Overlay Zone: 5.2(a) 5.2(b) 5.2(c) 5.2(d) 5.2(e) 5.2(f) 5.2(g) 5.2(h) 5.2(i) 5.2(j) 5.2(k) 5.2(l) 5.2(m) Quarry Operations or Excavations Heliport or airstrip Kennels Town garage/municipal storage facility Multi-family dwelling developments (unless rehabilitation of existing structure) Automobile and truck rental facilities or warehousing Automobile livery services Automotive service stations (gas stations) Automotive sales, service, parts & repairs Sales/storage of propane gas, or other fuels Mini-storage facilities Car wash Wireless Telecommunication Sites 5.3 Due to the fundamental conflict between the purpose of the Industrial Zone and the HPO Zone, the HPOZ shall not be applied to any properties zoned Industrial. 5.4 Properties re-zoned by the Zoning and Planning Commission to Historic Preservation Overlay Zone shall be designated by the appending of the initials "HPO" to the original and underlying zone designation. 5.5 PROCEDURES FOR DESIGNATION OF THE HISTORIC PRESERVATION OVERLAY ZONE: Application for designation of property as Historic Preservation Overlay Zone may be made by the owner of the structure and/or property eligible under the purposes and criteria of Section 5.1, or by action of the Zoning and Planning Commission. Designation as Historic Preservation Overlay Zone shall follow the same procedures as a Change of Zone, as outlined in Section 19.2 of the Zoning Regulations. 5.6 DIMENSIONAL REQUIREMENTS IN THE HISTORIC PRESERVATION OVERLAY ZONE: Subdivision of property within an Historic Preservation Overlay Zone shall be in conformity with all other applicable land use regulations Front, Side, and Rear Yard Setbacks shall be as determined by the Zoning and Planning Commission within the Historic Preservation Overlay Zone, provided that proposed setbacks are consistent with the surrounding area. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 58

60 5.6.3 The minimum lot size shall be as determined by the Zoning and Planning Commission within the Historic Preservation Overlay Zone, provided that proposed lot sizes are consistent with the surrounding area All non-residential uses shall be limited in size to 12,000 square feet of gross floor area. New building proposed for non-residential use shall be limited in size to 5,000 square feet of gross floor area. A new, or expanded, existing non-residential use larger than 5,000 square feet of gross floor area but less than 10,000 square feet of gross floor area in size may be allowed as a Special Exception use Building coverage and impervious coverage within the Historic Preservation Overlay Zone shall be as determined by the Zoning and Planning Commission after considering the impact on abutting uses, the character of the area, and the provision or availability of shared parking and/or access, and the impact on the streetscape. 5.7 ARCHITECTURAL GUIDELINES Definitions: A New construction is the erection of an entirely new structure, whether on a new or existing foundation system, including additions to existing buildings B Substantial re-construction is when the cost of re-construction and/or restoration of the structure is in excess of 50% of its replacement value, exclusive of foundations C Rehabilitation is the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values New construction, substantial re-construction, and rehabilitation of properties within the Historic Preservation Overlay Zone shall comply with the "Connecticut Historical Commission - The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" revised through 1990, as amended (referred to hereafter as "Standards and Guidelines"), as they apply to the exterior of structures and/or the site. These Standards & Guidelines are made part of these Regulations and are found in Appendix "A". For information on the architectural fabric of the Town, applicants and developers are referred to the Historical and Architectural Survey of Colchester, Conn. by Paul R. Lusignan (1991). This Survey is available in the Town Clerk's Office and Code Administration Department, Municipal Office Complex, as well as Cragin Memorial Library, Colchester, CT Application for new construction, substantial re-construction and/or rehabilitation in the Historic Preservation Overlay Zone requiring a Class I Site Plan pursuant to Section 12.2 of the Zoning Regulations shall be submitted to the Zoning Enforcement Officer with sketches and other documentation adequate to review the proposal pursuant to the Standards & Guidelines set forth in Section The Zoning Enforcement Officer will render a decision regarding compliance to the Standards & Guidelines within 14 days, unless the application is referred to the Zoning and Planning Commission. Either the applicant or the Zoning Enforcement Officer may refer an application to the Zoning and Planning Commission for their review. In either case, a determination regarding compliance with the Standards & Guidelines will be rendered within 35 days of application An informal application for new construction, substantial re-construction and/or rehabilitation in the Historic Preservation Overlay Zone requiring a Class 2 Site Plan pursuant to Section 12.3 of the Zoning Regulations may be submitted to the Zoning and Planning Commission for review pursuant to the Standards & Guidelines set forth in Section on a preliminary basis prior to submittal of a formal application of Site Development Plan. Such review regarding the compliance to the Standards & Guidelines shall be completed within 35 days of application. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 59

61 5.7.5 All new construction and substantial re-construction within an Historic Preservation Overlay Zone shall be by Special Exception permit only, and shall be subject to review and recommendation by an architect or architectural firm selected and contracted by the Zoning and Planning Commission and designated as "HPO Architectural Consultant", pursuant to Standards & Guidelines Application for new construction and substantial re-construction within the Historic Preservation Overlay Zone will be submitted to the HPO Architectural Consultant for review by the Zoning Enforcement Officer upon receipt. The HPO Architectural Consultant shall review and report to the Zoning and Planning Commission within 35 days. The report and recommendation of the HPO Architectural Consultant shall be entered into the public hearing record and considered by the Zoning and Planning Commission in making their decision. Failure of HPO Architectural Consultant to report within the 35 days will not alter or delay statutory application time lines. 5.8 SITE DEVELOPMENT ALTERNATIVES WITHIN HISTORIC PRESERVATION OVERLAY ZONE To minimize the overall impact of development, off-street parking in the Historic Preservation Overlay Zone may be provided at 90% of the requirements of Section 15 herein The Commission may allow for off-street parking in the Historic Preservation Overlay Zone to be provided at 80% of the requirements of Section 15 herein if it can be documented that the proposed uses: A Have significantly different peak usage periods, B Will share trips with adjacent uses sufficiently to reduce parking demand, or C Off-street public parking exists within 500 feet of the proposed site Parking Layouts and Paving Materials: Large areas of pavement surrounding 18th and 19thcentury buildings remove the structure from their historical context and detract from the visual integrity of the architecture. Parking areas should be located at the rear of the building, if possible, with provisions made for handicapped or special needs as necessary. Avoid large unrelieved area of asphalt paving through landscaping, screening and terracing. Though access from the rear of buildings to parking lots may be required, main entrances in most cases should continue to be located in the front of buildings. If a rear parking is not possible, parking areas should be located on the sides of buildings, with proper landscaping and screening. Alternatives to asphalt paving, such as stone pavers, can be used effectively in parking areas and on walks Alternative surface treatments for driveways and parking areas may be approved by the Zoning and Planning Commission if it is documented to be technically adequate, represents sound engineering principals, and is satisfactory to the Town Engineer Shared (common) driveways may be utilized for access to the site where appropriate crosseasements have been recorded Buffering and landscaping for sites in the Historic Preservation Overlay Zone must be demonstrated to be consistent with or an enhancement to existing landscaping and/or vistas, but are not required to meet the specific height, density or width requirements of Section and N. Respect the existing topographical features of the site and avoid changes. Stone walls are a feature of Colchester's landscape and should be maintained and restored where possible. Fencing, when used, should respect the scale and proportions of surrounding materials and landscape features. Trees form an important natural feature of the environment, and in many instances the older ones have historical significance in themselves, and should be preserved if possible, consistent with the health of the tree. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 60

62 5.9 SIGNAGE Signage: Signs play an important role in defining the character of architecture and are especially important in commercial buildings which rely on their signs as a means to locate and advertise business. Signs should relate to the pedestrian scale of their surroundings in Colchester. They should be compatible with the building's style and materials; lettering and composition should relate to the architectural style. Signs should be scaled and located to compliment the building's composition and architectural detail and avoid covering or obscuring significant architectural detail or features. They should consist of materials and colors appropriate and compatible with the facade design and materials. The removal of signs whose designs are inappropriate to the architecture can dramatically improve the appearance of a building. Retain and restore older signs of historic or artistic value. This can include a large range of styles and types, including signs painted on buildings, early advertisements and early 20th-century neon signs. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 61

63 SECTION 6 - AQUIFER PROTECTION ZONE (APZ) 6.1 PURPOSE, STATEMENT OF INTENT. The purpose of this regulation is to protect and preserve ground water quality within stratified drift aquifers which are existing or potential public drinking water supplies. These ground water resources have been shown to be easily contaminated by many land uses and activities and it is necessary that specific controls over land use be exercised within these areas to protect ground water quality. 6.2 AUTHORITY. These Regulations are promulgated pursuant to Connecticut General Statutes Section 8-2 and 8-23 (Zoning and Planning Regulations). 6.3 DEFINITIONS. Aquifer - a geological unit capable of yielding usable amounts of water to wells. Ground water - water below the land surface, in the saturated zone. Hazardous Material - any virgin or waste substance which because of its physical, chemical or infectious characteristics poses an actual or potential hazard to human health or drinking water quality when improperly managed. Generally the material has the following characteristics: toxic, flammable, corrosive or reactive. (Included are substances, wastes and chemicals listed as hazardous under the following laws or regulations: Title III of Superfund Amendments and Re-authorization Act (SARA); Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA); the Resource Conservation and Recovery Act (RCRA) 40 CFR part 261; the Clean Water Act (CWA) Section 311; and Connecticut General Statutes Section 22a-448. Included are petroleum and petroleum products.) Indirect Recharge Area - the area contributing water to surface watercourses upgradient of the aquifer or wellfield area of contribution. Primary Recharge Area (for stratified drift aquifers) - the area overlying the aquifer and adjacent stratified drift in which ground water flows directly into the aquifer. (The contact line between the stratified drift and adjacent till or bedrock is the boundary line). Secondary Recharge Area - till and bedrock areas which provide direct ground water inflow to the primary recharge area. Wellfield - an area containing one (1) or more pumping water supply wells in close proximity. Wellfield Area of Contribution - area of the aquifer where ground water flow is diverted to a pumping well due to a lowering of the water table. Wellfield Recharge Area - the area from which ground water flows directly to the wellfield area of contribution. Stratified Drift - predominantly sorted sediment deposited by glacial meltwater consisting of gravel, sand, silt or clay in layers of similar grain size. 6.4 APPLICABILITY. The provisions of these Regulations shall apply to all land within the area designated on the zoning map. This zone is established as an overlay and these Regulations shall be in addition to the underlying zone or other underlying regulations. In the case of conflict, the most restrictive regulation shall apply. 6.5 DESIGNATION OF THE ZONE. The Aquifer Protection Zone consists of the stratified drift aquifer and its primary and secondary recharge areas. Determination of all Aquifer Protection Zones shall be the responsibility of the Colchester Zoning and Planning Commission who shall act upon the recommendation of the Colchester Sewer and Water Commission (CSWC). Maps demonstrating boundaries of all APZs will be on file in the office of the CSWC and shall be updated as necessary to reflect current water resources. Where the boundary of the zone is in doubt or dispute, the CSWC may amend the boundary. The burden of proof for amendment shall be on the applicant or petitioner questioning the boundary to demonstrate why and where the boundary should be amended. A petition for amendment shall be in the form of maps on a scale of one (1) inch equals TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 62

64 40 feet and information sufficient to justify the change based on the zone boundary as defined and shall be in accordance with procedures to amend these Regulations. All applications for amendment shall be filed simultaneously with the Zoning and Planning Commission and the Colchester Sewer and Water Commission, and within 30 days following receipt of an application to amend the zone, the CSWC shall furnish the Zoning and Planning Commission with a written report detailing its recommendations concerning the proposed amendment. 6.6 USE REGULATIONS. Uses which are permitted in the existing underlying zones are permitted except as prohibited or restricted by the following provisions: PROHIBITED USES A B Any use in which the manufacture, use, handling, storage or disposal of hazardous materials is a principal activity. Waste disposal facilities such as sanitary landfills, septage lagoons, hazardous waste, bulky and special waste, sludge disposal, water softener brines C Any use involving septic system discharge of non-domestic waste D Any use involving underground leaching systems for stormwater from paved highways, parking and developed areas E Waste processing systems such as, but not limited to, resource recovery, facilities for municipal sanitary wastes, solid waste transfer station, recycling processing centers, sewage treatment plants, salvage or junk yards F Any use involving storage or transmission of liquid fuels and hazardous chemicals such as, but not limited to, underground storage tanks, underground distribution systems, or liquid fuel pipelines G Any use involving outdoor, unprotected storage of chemical products and wastes above ground H Additional uses as identified by either state or local officials. 6.7 SPECIAL EXCEPTION REQUIREMENTS. All uses in the APZ shall be by special exception. An application shall be accompanied by the required information and plans, and be evaluated for potential impact to ground water quality, in accordance with the following provisions. All such applications shall be submitted to the Colchester Zoning and Planning Commission and to the Colchester Sewer and Water Commission for determination of APZ. The CSWC shall furnish the Zoning and Planning Commission with a written report containing its recommendations within 30 days of receipt of each application REQUIRED INFORMATION. The following written and mapped information shall be submitted: Description of proposed use, type of use or activity, commercial (trades and services), industrial (manufacturing and processing), product produced, Standard Industrial Code (S.I.C.) if applicable A A complete list of the types and volumes of all hazardous materials (including fuels) used, stored, processed, handled or disposed, other than those volumes and types associated with normal household use B Description of types of wastes generated and method of disposal including: solid wastes, hazardous wastes, sewage and non-sewage wastewater discharges C Location of adjacent (within 200 feet of property line) private drinking water supply wells. Location of public water supply wells within 1,000 feet D Provisions for management of stormwater runoff. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 63

65 6.7.1.E A site plan and building plan showing: hazardous materials loading, storage, handling and process areas; floor drains; process vents; sewage disposal; and waste storage or disposal areas F Plans and documents containing information to show compliance with the Performance and Design Standards. Other additional information as may be required by reviewing agencies regarding the proposed use, its potential impact to water quality, hydrogeologic information, monitoring, and mitigation measures EVALUATION CRITERIA AND CONSIDERATIONS. In considering a special permit the Commission shall consider the following: A The type of use and the area in which the use is proposed B The degree of threat to ground water quality caused by the proposed use C Compliance with the performance and design standards. The Commission may attach conditions to a permit to insure the protection of ground water quality. 6.8 PERFORMANCE AND DESIGN STANDARDS. All uses shall conform to the following standards. The objective of these standards is to prevent or minimize potential contamination of ground water supplies by: prohibiting or controlling waste disposal and other high risk activities; preventing direct and accidental releases of hazardous materials; and providing for inspection and emergency response. An alternative standard or protection method may be approved if it is clearly demonstrated to provide equivalent or better protection than that listed STORMWATER DISPOSAL AND MANAGEMENT FACILITIES A The use of drywells or leaching structures for disposal of stormwater runoff from developed areas is prohibited. All parking, storage, and loading areas shall be paved. (Certain clean discharge from rooftops and from lawn or landscaped areas may be directed to dry wells or leaching structures where recharge is a concern) B A maintenance plan shall be provided for any stormwater treatment structures (basins, separators) BUILDING FLOOR DRAINS. No floor drains shall be connected to drywells, subsurface leaching structures, or surface waters. Floor drains may be connected to public sanitary sewers with DEP (or its authorized agent) approval and approved treatment where necessary. (Bathroom and kitchen facility drains connected to a septic system in accordance with the public health code are exempt) NON-SEWAGE WASTEWATER DISCHARGES. No non-domestic wastewater discharge shall be directed to an on-site sewage disposal system (individual or community), dry well, or surface water, except for certain clean water discharges or for certain treated wastewater discharges which have been approved through state water discharge permit regulations PUBLIC SEWERAGE SYSTEMS. Sewer system pipes and accessory structures may be required to be designed for low ex-filtration. Sewage pumping equipment is required to have emergency power and may be required to have emergency storage BULK MATERIAL AND SOLID WASTE STORAGE A Bulk storage facilities of non-hazardous materials which may leach into the ground such as de-icing salt, sludge, manure, or silage shall have an impervious floor and roof, and be raised or designed to prevent surface water runoff from entering B Solid Waste dumpsters shall be on a concrete pad, covered and be plugged so as to be watertight. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 64

66 6.8.6 SECURITY AND EMERGENCY SPILL CONTINGENCY PLAN FOR HAZARDOUS MATERIALS. A plan and procedure shall be submitted that identifies the following: A Security and inspection measures to control vandalism or accident B Procedures to contain and clean-up spills or leaks of hazardous materials C Procedures for notification of local and state officials D Schedule of update when any changes in materials or procedure occur E Procedure to control hazardous materials release in case of total structure loss because of fire PESTICIDE AND FERTILIZER USE. Any use which includes more than five (5) acres of land used for crop, lawn, garden or landscaping, requiring regular applications of chemical pesticides, or fertilizers shall be accompanied by a management plan. The management plan shall indicate types of materials, application schedule, and conformance with applicable best management practices MONITORING. If it is determined that additional safety measures and monitoring are needed because of hydrogeologic conditions or potential contamination, then a monitoring program may be required which may consist of: A Installation of monitoring wells B Periodic sampling C Reporting of analysis. The costs of any required additional safety measures and monitoring requirements shall be borne by the developer. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 65

67 SECTION 7 FLOOD HAZARD OVERLAY DISTRICTS 7.1 Purpose: The purpose of this Section 7 is to protect the public health, safety, and welfare by encouraging non-hazardous placement of structures and uses in relation to areas prone to periodic flooding as determined by a report by the Federal Emergency Management Agency entitled "Flood Insurance Study, Town of Colchester, Connecticut, New London County," revised June 4, 1996, on file with the Town Clerk. 7.2 Flood Hazard Overlay Districts Established: In order to carry out the purposes of this Section 7, the following flood hazard overlay districts are hereby established, and shall be considered as superimposed over any other zoning district established by the Zoning Regulations of the Town: Zone X Flood Hazard Overlay District (includes Zones B & C) Zone A Flood Hazard Overlay District Zone AE Flood Hazard Overlay District (includes Zones A1-A30) 7.3 Flood Hazard Overlay Districts Map: The flood hazard overlay districts established by this Section 7 are shown on a map entitled "Flood Insurance Rate Map, Town of Colchester, Connecticut, New London County" as follows: Community Panel Number B, effective June 15, 1982; Community Panel Number C, revised July 15, 1992; Community Panel Number D, revised June 4, 1996; and Community Panel Number B, effective June 15, The Flood Insurance Rate Map is on file in the Office of the Town Clerk, and shall constitute the Flood Hazard Overlay Districts Map. 7.4 Flood Hazard Overlay District Boundaries: Where the flood hazard overlay district boundaries divide a lot, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located, except that where published, elevations shown on the Flood Insurance Rate Map shall determine boundary locations represented on said map. 7.5 Zone X Flood Hazard Overlay District (includes Zones B & C) Regulations: The Zone X Flood Hazard Overlay District consists of all areas of the Town lying outside the 500-year floodplain, areas within the 500-year floodplain, areas of 100-year flooding where average depths are less than one (1) foot, areas of 100-year flooding where the contributing drainage area is less than one (1) square mile, and areas protected from the 100-year flood by levees as shown in the Flood Insurance Study and on the Flood Insurance Rate Map. No base flood elevations or depths are shown in this zone in the Flood Insurance Study and on the Flood Insurance Rate Map. The Zone X Flood Hazard Overlay District does not include those areas within the Zone A Flood Hazard Overlay District and Zone AE Flood Hazard Overlay Districts Permitted Uses: The following uses are permitted in the Zone X Flood Hazard Overlay District: A Any use permitted in the underlying zoning districts, except for those uses specifically prohibited by Section herein Prohibited Uses: The following uses are prohibited in the Zone X Flood Hazard Overlay District: A Any use prohibited in the underlying zoning districts. 7.6 Zone A Flood Hazard Overlay District and Zone AE Flood Hazard Overlay District (includes Zones A1-A30) Regulations: The Zone A Flood Hazard Overlay District consists of those areas of the Town in the 100-year floodplains that are determined in the Flood Insurance Study by approximate methods. Because detailed hydraulic analyses are not performed for such areas, no base flood elevations or depths are shown within Zone A in the Flood Insurance Study and on the Flood Insurance Rate Map. The Zone AE Flood Hazard Overlay District consists of those areas of the Town in the 100-year floodplains that are determined in the Flood Insurance Study by detailed methods. In most instances, whole-foot flood elevations derived from the detailed hydraulic analyses are shown at selected intervals within Zone AE in the Flood Insurance Study and on the Flood Insurance Rate Map. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 66

68 7.6.1 Permitted Uses: The following uses are permitted in the Zone A Flood Hazard Overlay District and Zone AE Flood Hazard Overlay District: A Any use permitted in the underlying zoning districts, except for those uses specifically prohibited by Section herein Prohibited Uses: The following uses are prohibited in the Zone A Flood Hazard Overlay District and Zone AE Flood Hazard Overlay District: A Any use prohibited in the underlying zoning districts B Any new construction, enlargement of existing structures, substantial improvement to the same footprint, placement of any manufactured home, or any other development; except that existing structures destroyed or made uninhabitable by flood, fire or other natural disaster may be reconstructed to their size and shape immediately prior to their destruction, provided those structures meet the requirements of Section 7.8 herein. This Section B shall not apply to water dependent uses/structures (including docks, piers, boat houses, etc.) if not otherwise prohibited in the Zoning Regulations of the Town C Mining, dredging, filling, grading, paving operations, excavation operations and/or drilling operations and storage of equipment or materials D The storage of any equipment or any materials E Any development activity within the "regulatory floodway" as such regulatory floodway is shown on the Flood Insurance Rate Map. 7.7 Maintenance Provisions: Nothing in this Section 7 shall be construed so as to prohibit ordinary and routine maintenance to structures existing in accordance with the Zoning Regulations in effect at the time of the adoption of this Section Reconstruction Provisions: Within the Zone A Flood Hazard Overlay District and the Zone AE Flood Hazard Overlay District, reconstruction of existing structures destroyed or made uninhabitable by flood, fire or other natural disaster shall only be allowed subject to the following: After reconstruction, the lowest floor (including a basement level) shall be elevated to, at minimum, one (1) foot above the base flood elevation as shown in the Flood Insurance Study and on the Flood Insurance Rate Map A registered engineer or registered architect shall certify that the requirements of Section herein are met In addition to the Zoning Regulations of the Town, any such improvement to be undertaken within the Zone A Flood Hazard Overlay District or the Zone AE Flood Hazard Overlay District shall also be in accordance with any applicable requirements of the Connecticut State Building Code and/or the Federal Emergency Management Agency minimum standards contained in the Code of Federal Regulations 44 C.F.R. 60.3, whichever is more restrictive Reconstruction of water dependent uses/structures (including docks, piers, boat houses, etc.) shall not be subject to the requirements of Section herein. 7.9 Subdivisions: All subdivision proposals shall include base flood elevation data from the Flood Insurance Study and/or the Flood Insurance Rate Map, and shall be designed (including utility and drainage systems) to be consistent with the need to minimize flood damage. No proposed building locations shall be located in the Zone A Flood Hazard Overlay District and the Zone AE Flood Hazard Overlay Districts Special Exceptions: The Zoning and Planning Commission may grant a Special Exception in accordance with Section 11 for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the provisions of this Section 7. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 67

69 SECTION 8 OUTDOOR LIGHTING 8.1 PURPOSE. Outdoor lighting is an integral component of our environment that, when appropriately planned and installed, increases safety, enhances the town s nighttime character, and helps provide safety. The purpose of these regulations is to establish specific standards for outdoor lighting and is intended to: Maximize the effectiveness of site lighting to enhance public safety and welfare, Control the number, size, location, and intensity of outdoor lighting, Protect drivers and pedestrians from light sources that produce unnecessary glare, Promote site lighting that avoids unnecessary upward illumination and illumination of adjacent properties, and reduces artificial sky glow. This regulation is designed to reduce the problems created by poorly planned and/or installed outdoor lighting. Specifically, its intent is to establish regulations that control the area that certain kinds of outdoor lighting fixtures can illuminate, and limit the total illumination per lot, using guidelines established by the Illuminating Engineering Society of North America (IES) (see Appendix B). 8.2 APPLICABILITY. Except as herein provided, these regulations shall apply to all public or private outdoor lighting fixtures or illuminated signs installed, modified or refurbished within the Town of Colchester. These regulations apply to all sites located within industrial, business, and commercial zones, and applies to Special Exception uses in residential zones specifically Elderly Housing, Multi-Family, Planned Residential Development and non-residential uses permitted in residential zones. This applies to new construction as well as site changes. 8.3 LIGHTING PLAN. All applications requiring a Class 2 Site Plan pursuant to Section 12.3 of the Town of Colchester Zoning Regulations shall be accompanied by a lighting plan showing the following: The location, height and type of any outdoor lighting luminaries, including building mounted; The luminary manufacturer s specification data, including lumen output and photometric data showing cutoff angles; The type of lamp: metal halide, compact fluorescent, high-pressure sodium; An Isodiagram showing the average lighting on the site; maximum and minimum lighting levels on the site, expressed in foot-candles at ground level. This requirement may be waived by the Commission upon Preliminary Review prior to Site Plan or other permit application for the project A statement and copies of appropriate IES Standards for the proposed use demonstrating that proposed lighting levels are consistent with recommended IES Standards. 8.4 GENERAL REQUIREMENTS. All outdoor lighting and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light trespass at (and glare across), the property lines and disability glare at any location on or off the property. Lighting Design Levels shall be maintained at levels and patterns as recommended in the Illuminating Engineering Society of North America (IES) Lighting Design Handbook (Latest edition) All lighting for parking and pedestrian areas, including wall-mounted lighting, shall be full cut-off type fixtures. Applicants are strongly encouraged to review Appendix D.1 thru D.3 (Acceptable and Unacceptable Lighting Fixtures) for examples of lighting fixtures most appropriate for a particular use Lighting fixtures shall be of a design appropriate to the use and area. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 68

70 8.4.3 Lighting for flagpoles, ornamental lighting (trees, sculptures, etc.), buildings and aesthetics shall be shielded to prevent direct glare and/or light trespass and shall also be, as much as possible, contained to the target area. All building lighting for security or aesthetics shall be full cut-off or a fully shielded/recessed type, not allowing any upward distribution of light Adjacent to all residential and multi-family uses and in all residential zones, no direct light source shall be visible at the property line at ground level or above Adjacent to business, commercial or industrial uses the light source shall not be visible at a height greater than five (5) feet above ground level All street lighting installed as part of a residential development under Sections 11.6, or shall be full cut-off fixtures Canopy Lights shall be recessed into the structure or be full cut-off surface mounted type fixtures Any lighting provided along pedestrian walkways shall be illuminated by light bollards or other low level lighting standards with shielded light sources All non-essential lighting should be reduced or turned off after business hours, leaving only the necessary lighting for site security motion or infrared sensor lighting is encouraged The height of luminaries, except streetlights in public right-of-ways, shall not exceed a height of twenty-five (25) feet including the base. The following performance standards shall be met: A B No luminary shall be closer than five (5) feet from any property line, and No Lighting Plan shall shed more than one-quarter (.25) foot-candles beyond any property line An applicant may request a waiver to allow up to thirty-five (35) foot poles after demonstrating that the height of the pole is necessary and can meet the performance requirements of this regulation with the additional pole height Use of metal halide, compact fluorescent, or high-pressure sodium lamp types is strongly encouraged. 8.5 CERTIFICATE OF COMPLIANCE REQUIRED. At the time that a Certificate of Occupancy is requested, an affidavit attesting to compliance with the lighting plan shall be required from the developer of the plans. 8.6 CHANGES TO LIGHTING PLAN AFTER APPROVAL. Any change to outdoor lighting fixtures, type of light source used, or location of luminaries after the plan has been approved, a plan change request must be submitted to the Zoning and Planning Commission demonstrating that the proposed changes meet the requirements of this regulation. 8.7 EXEMPT LIGHTING. The following lighting types shall be exempt from these regulations Temporary lighting used by Police, Fire, or Emergency services, Temporary lighting needed for nighttime road construction projects, Lighting required and regulated by Federal or State regulatory agencies, Traditional seasonal or special event lighting, Interior Lighting, Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code, Code required exit signs, TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 69

71 8.7.8 Code required lighting for stairs and ramps, and Customary exterior illumination of a one or two family dwelling and driveway. 8.8 GASOLINE SERVICE STATIONS. Maintained illumination recommendations set by the Illuminating Engineering Society of North America (IES) (see Appendix C) shall be observed and not exceeded. All area lighting shall be full cut-off. 8.9 SPECIAL EXCEPTION REQUIRED TO MODIFY LIGHTING REGULATIONS. The Commission may grant a Special Exception modifying the requirements of Section 8, provided it determines that such modification is consistent with the purpose of these regulations and the General Evaluation Criteria for Special Exceptions listed in Section 11.5, in the following cases: Where a minor change is proposed to an existing non-conforming lighting installation, such that it would be unreasonable to require replacement of the entire installation; Where special lighting is indicated for historic buildings; Where special consideration is given to maintain a uniformity with similar uses in the vicinity LIGHTING IN THE HISTORIC PRESERVATION OVERLAY ZONE. In the HPOZ zone, lighting plans shall use period type fixtures consistent with the historic district and existing lighting concepts adopted for the Historic District. Lighting in the HPOZ shall comply with the following standards: Such lights shall be selected and arranged to minimize glare and light trespass; Where full cut-off versions of these fixtures are available they shall be used; Lighting shall be limited to twelve (12) feet period type poles unless waived by the Commission. Maximum pole height shall be eighteen (18) feet LIGHTING FOR RECREATIONAL FACILITIES. Where outdoor recreational facilities (public or private) are to be illuminated, lighting fixtures shall be specified, mounted and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site. The following criteria shall be met: All fixtures shall be fully shielded and shall not exceed a height of thirty-five (35) feet The applicant shall demonstrate the lighting meets the guidelines for recreational lighting established by the Illuminating Engineering Society of North America (IES) Luminaries are to be located a minimum of one-hundred (100) feet from residential zones or the property lines of a lot where a residence is the principal use. A waiver may be granted if the Commission deems it justified due to adverse topographic or environmental conditions or difficult site configuration For major sports facilities, luminaries higher than thirty-five (35) feet may be permitted by Special Exception after the Commission considers the following: A Effects on the existing uses in the area, B Conservation of surrounding property values and the character of the neighborhood; C D E Impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure; Suitability of the land for the proposed use and any environmental impacts created by the proposal; Consistency with the goals and objectives of the Town Plan of Conservation and Development and/or Recreation Master Plan; TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 70

72 F The applicant shall demonstrate the need to provide lighting at levels in accordance with NIES recommendations LIGHTING OF PUBLIC ROADWAYS AND PUBLIC PARKING AREAS. Luminaries used for public roadways and public parking area lighting shall be installed in accordance with Section 13a-110a of the Connecticut General Statutes. Luminaries may be installed at a maximum height of twenty-five (25) feet and may be positioned at that height up to the edge of any bordering property, 8.13 NON-CONFORMING LIGHTING. Non-conforming lighting shall be brought into a conforming or more nearly conforming condition as soon as practical in accordance with the following: All luminaries legally in place prior to the date of this Regulation may remain, but once any non-conforming luminary is intentionally re-located or removed for purposes other than routine maintenance or repair, it shall be deemed permanently removed and shall be replaced only in accordance with the provisions of these regulations Luminaries that direct light toward streets or parking lots that cause disability glare to motorists, cyclists or pedestrians shall be either shielded or redirected within thirty (30) days of notification by the Town, so that the luminaries do not cause a potential hazard to motorists, cyclists or pedestrians PROHIBITED LIGHTING. The following lighting types shall be prohibited: Floodlighting, Searchlights, Bare bulbs, Laser Source Light. The use of laser source light or any similar high intensity light when projected above the horizontal, Lights producing varying intensities and/or changing colors, Any type of lighting directed upward at such an angle that neither buildings, trees, shrubs nor site surfaces are lighted, and Flashing and blinking lights except as permitted in Section LIGHTING OF OUTDOOR SIGNS. Illumination of any outdoor sign shall comply with the standards set forth in Section 16 of these Regulations. SECTION 9 (Not used at this time.) SECTION 10 (Not used at this time.) TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 71

73 SECTION 11 - SPECIAL EXCEPTIONS 11.1 DEFINITIONS. Special Exceptions are those uses, which, because of various special characteristics, cannot be distinctly classified or regulated in a particular zone without giving careful consideration in each case to the impact of such use upon neighboring uses and the surrounding area and the public need for such use in a particular location APPLICATION PROCEDURES. Applications for Special Exception shall be presented to the Designated Agent before 12:00 noon the Thursday before the next regularly scheduled meeting for the Commission and shall include: Application form prescribed for Special Exception and obtainable from the Zoning Enforcement Officer; A site plan prepared in accordance with the provisions of Section 12 of these Regulations, and; A fee per Fee Schedule The applicant shall submit a copy of the assessor's map showing all properties and zones within 500 feet of the subject property The applicant shall submit a list of the names and addresses of the owners of all properties within 500 feet of the subject property, all as shown on the latest Grand List of the Town of Colchester The applicant shall notify, by certificate of mailing or by certified mail, owners of all properties within 500 feet of the subject property. The applicant shall present proof of such notification to the Commission prior to the commencement of the Public Hearing HEARING. The Commission shall hold a public hearing on each application for a Special Exception within 65 days of the receipt of such application and shall take action on the matter within 65 days after the hearing. Such hearing shall be completed within 30 days after such hearing commences FILING. No Special Exception shall become effective until a copy thereof, certified by the Chairman or Secretary of the Commission, containing a description of the property to which it relates and specifying the nature of the Special Exception, including a reference to the section of these Regulations under which the Special Exception is granted, and stating the name of the owner of record, is recorded in the land records of the Town of Colchester. The Town Clerk shall index the same in the grantor's index under the name of the record owner and record owner shall pay for the recording GENERAL EVALUATION CRITERIA. In evaluating an application for a Special Exception the Commission shall determine that the following general conditions are met: The proposed use is compatible with the Plan of Development The proposed use will not create or substantially aggravate vehicular and pedestrian traffic safety problems The proposed use will not have substantial degrading effects on the value of the surrounding property The proposed use will not substantially affect environmental quality in an adverse manner The ability of surrounding property to develop consistent with the prevailing zoning classification will not be substantially impaired Public utilities and storm drainage features are adequate to serve the proposed use The kind, size, location and height of buildings and other structures, the nature and extent of landscaping, and the location of driveways, parking and loading areas will not substantially hinder or discourage the appropriate use of adjoining property. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 72

74 11.6 MULTI-FAMILY DEVELOPMENT. Every multi-family development (development of multi-family buildings) shall meet the following requirements: Multi-family dwellings shall only be permitted when the entire area of the property proposed for development is in the water and sewer service area identified as existing, anticipated or potential in the Plan of Conservation & Development and the development will be serviced by public water and public sewer systems The maximum density for a development of multi-family buildings shall not exceed four (4)units per acre of buildable area In (C) Commercial districts, apartments may be included in a building used for commercial purposes provided that: the street-level floor of the building shall be used only for commercial purposes; the apartment units do not occupy more than 50% of the total gross floor area of the building No building shall be located closer than 50 feet from any property line of a lot containing a single-family dwelling Unless modified by the Commission due to site conditions or design excellence, no multifamily building shall contain more than six (6) dwelling units No multi-family development shall exceed 20% building coverage or 30% impervious coverage Multi-family developments shall be designed, located, landscaped and buffered in a manner that does not adversely alter the character of an established single-family neighborhood Unless otherwise approved by the Commission, every multi-family dwelling shall be serviced by a private roadway internal to the site and shall not derive direct driveway access from a public street. Any roadway or driveway shall have a permanent all-weather surface and shall be properly drained Private roadways serving multi-family developments shall have the main access roadway connecting directly to a collector or arterial street which shall be capable of accommodating the added traffic flow generated by development Any development containing more than 30 units shall have a second roadway access to a public street. Such secondary access may, with approval of the Commission, be located on a local or dead end street provided it is located within 600 feet of the collector or arterial street Adequate open space areas and recreation facilities shall be provided on the site to meet the needs of the residents of the proposed development The Commission may require that active recreation facilities be provided (graded, equipped, and landscaped) for such developments by the builder. Recreation facilities intended for use by children shall be protected by suitable fencing and plantings from parking areas, driveways, garages, service areas and streets Designated recreation and open space area(s) shall contain a minimum of 3,600 contiguous square feet which shall: be at least 50 feet in width, and not be designated as inland wetland soils or contain slopes in excess of 10%. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 73

75 Garages and off-street parking spaces, or a combination thereof, shall be provided on the lot for not less than two (2) cars per dwelling unit. Such required spaces shall be located with convenient access to the principal building(s). Parking areas and driveways shall have a permanent all-weather surface and shall be properly drained Buildings shall be arranged in a manner consistent with the most current Building and Fire Code Regulations No multi-family dwelling shall be located more than 1,000 feet from a source of water adequate to provide fire protection, as determined by the Town Fire Marshal All utilities shall be installed underground USE OF MOBILE HOME DURING CONSTRUCTION OF PRIVATE DWELLING. A permit issued by the Zoning Enforcement Officer to occupy a mobile home may be issued for one (1) year under the following conditions: Such permit is issued to the owner of a parcel on which his private dwelling is to be constructed, altered or reconstructed A Building Permit has been issued for such building construction The mobile home before occupancy is connected to the permanent water supply and sewerage disposal system that will service the completed dwelling Such permit may be issued for not more than one (1) year, and may be renewed only provided the foundation, walls and roof shall have been constructed before the renewal is granted. The renewal of such permit shall be for a period not to exceed one (1) year The plot plan filed with the application for the dwelling Building Permit shall show, in addition to information required for building construction, the proposed location of the mobile home, water supply, and sewage disposal system and such plot plan shall become a part of the application for a permit The mobile home shall not be occupied after the dwelling is occupied, and failure to remove the mobile home from the premises within 60 days after occupancy of the dwelling shall be considered a violation of these Regulations The Zoning Enforcement Officer may issue an emergency permit for use of a mobile home during re-construction of a damaged single-family dwelling under the following conditions: A copy of the report from the Fire Marshal and/or Building Official is provided to the Zoning Enforcement Officer; The Sanitarian has inspected the sewer and water connection; A complete application for Special Exception has been submitted to the Zoning and Planning Commission; Said emergency permit is valid for 30 days or until approved by the Zoning and Planning Commission, whichever is less; A cash or passbook bond in the amount of $1, shall be posted prior to placement of the mobile home. Said bond shall be released upon removal of the mobile home. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 74

76 11.8 EXCAVATIONS. Excavation activities may be permitted by the Commission provided the detrimental effects of the activity are minimal and provided the future usefulness of these premises is assured when the activities are completed. Permits for excavations shall not be issued for periods exceeding two (2) years and be renewed only if it can be shown that the operation has been conducted in compliance with the provisions of these Regulations. The following additional conditions shall be met by all excavation activity: Such operations, and associated activities, shall be conducted Monday through Saturday between the hours of 7 A.M. and 5 P.M. excluding the celebrated day of the following holidays: January 1 st, Memorial Day, July 4 th, Labor Day, Thanksgiving Day, Christmas Day The site plan shall show that adequate measures are to be taken to guard against erosion and sedimentation both during and after excavation activity No bank may exceed a slope of one (1) foot vertical rise in two (2) feet of horizontal distance unless in ledge when the finished slope may be one and one-half to one (1½ :1) No removal shall take place within 20 feet of a property line unless the finish grade will be the same as the grade of the adjoining property along the property line At the conclusion of the operation or of any substantial portion thereof, the whole area where excavation has taken place shall be reclaimed by grading, covering with at least four (4) inches of top soil and stabilized with vegetation to prevent erosion and to restore or improve the appearance of the area Before a permit for an excavation is issued, the applicant shall post a bond in the form of cash or passbook savings in an amount approved by the Commission as sufficient to guarantee conformity with the provision of the permit issued thereunder. Additionally, the owner(s) shall grant a written easement to the Town of Colchester to allow reclamation work in the case of forfeiture. This bond must be sufficient to re-grade a partially excavated site, to purchase and spread topsoil for at least a four (4) inch cover over the excavation site and purchase a plant stabilizing vegetation over the excavation site. If the reclamation work has not been completed within one (1) year of the expiration of a nonrenewed excavation permit, the bond shall be called and reclamation completed by the Town of Colchester or its designated contractor(s). When reclamation work has been completed, 10% of the bond shall be held for an additional year to ensure full reclamation Where any excavation shall have depth of 15 feet or more and creates a slope of more than one in two (1:2), there shall be a substantial fence at least six (6) feet in height with suitable gates and such fence shall be located 15 feet or more from the edge of the excavation A written plan with sufficient detail shall be submitted to the Commission showing dust control measures to be instituted Locations for access roads, stock piling and equipment storage shall be selected so as to minimize adverse effects on surrounding properties No equipment used for the processing of excavated material, such as a crusher or grader, shall be located closer than 1,000 feet to any building used for residential purposes on a neighboring property. (See Section for further conditions.) Such equipment may not be operated in any zone except as an adjunct to an authorized excavation operation and must be physically located on the site of the approved excavation. Such equipment shall be operated only during the hours between 8 A.M. and 5 P.M. on weekdays, excluding the celebrated day of the holidays listed in of these Regulations HELIPORT OR AIRSTRIP. Such facility may be permitted for private use by the occupants of the premises provided there is no commercial use of the facility and provided further that the use shall be licensed by the Connecticut Department of Transportation, Bureau of Aeronautics. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 75

77 11.10 TEMPORARY SAW MILL. Such uses may be permitted with the following conditions: Such operations shall be conducted only between the hours of 7 A.M. to 6 P.M No operations except the felling of trees shall occur within 300 feet of a residence or any adjacent property Permits for such operation shall be for not longer than two (2) years, but may be renewed by the Commission provided the operation is being conducted in a satisfactory manner ELDERLY HOUSING. Elderly housing developments shall meet the following requirements: An Elderly Housing development shall only be permitted when the entire area of the property proposed for development is in the proposed water and sewer service area and the development is connected to the public water and public sewer systems, provided however, the Commission may permit an Elderly Housing development where the property proposed for development is partially in the existing sewer and water service area and the development can be connected to the public water and public sewer systems, subject to the following conditions: That prior to any determination being made by the Commission, the Colchester Sewer and Water Commission determine that there is sufficient water and sewer capacity to service the proposed Elderly Housing development and that it complies with other relevant criteria of the sewer and water plan; That except for the proposed development being partially outside the existing public water and sewer service area, the location and the proposal are compatible with the Plan of Conservation and Development, especially that portion of the Plan which encourages the development of Elderly Housing; That subsequent to the approval of the Commission, the plan to service the proposed Elderly Housing development with water and sewer be approved by the Board of Selectmen of the Town of Colchester. (Section through C - APPROVED: August 18, 2004 EFFECTIVE DATE: September 15, 2004) An Elderly Housing development shall not exceed either one of the following two (2) requirements: six (6) units per acre of buildable area or eight (8) bedrooms per acre of buildable area An Elderly Housing development shall be deed restricted in perpetuity for utilization as Elderly Housing An Elderly Housing development shall meet the dimensional (lot size, frontage, yards, height, lot coverage) requirements of the Zoning District in which it is located No building shall be located closer than 50 feet from any property line of a lot containing a single-family dwelling Unless modified by the Commission due to site conditions or design excellence, no multiunit building shall contain more than eight (8) dwelling units No Elderly Housing development shall exceed 20% building coverage or 30% impervious coverage Elderly Housing developments shall be designed, located, landscaped and buffered in a manner that does not adversely alter the character of an established single-family neighborhood. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 76

78 Unless otherwise approved by the Commission, every building shall be serviced by a private roadway internal to the site and shall not derive direct driveway access from a public street. Any roadway or driveway shall have a permanent all-weather surface and shall be properly drained Private roadways serving an Elderly Housing development shall have the main access roadway connecting directly to a collector or arterial street which shall be capable of accommodating the added traffic flow generated by development Any development containing more than 30 units shall have a second roadway access to a public street. Such secondary access may, with approval of the Commission, be located on a local or dead-end street provided it is located within 600 feet of a collector or arterial street Adequate open space areas and recreation facilities shall be provided on the site to meet the needs of the residents of the proposed development such as community gardens, open space areas, and/or appropriate recreation facilities Garages and off-street parking spaces, or a combination thereof, shall be provided on the lot for not less than two (2) cars per dwelling unit. Such required spaces shall be located with convenient access to the principal building(s). Parking areas and driveways shall have a permanent all-weather surface and shall be properly drained Buildings shall be arranged in a manner consistent with the most current Building and Fire Code Regulations No Elderly Housing dwelling shall be located more than 1,000 feet from a source of water adequate to provide fire protection, as determined by the Town Fire Marshal All utilities shall be installed underground Management of the Elderly Housing development shall establish a procedure to routinely determine that occupancy of the units is in accordance with the Federal Fair Housing Act and shall report this information to the Town at least once every two (2) years, or promptly upon request TEMPORARY RELIGIOUS OR ENTERTAINMENT GATHERINGS. Permits for such events shall be limited to ten (10) days, although one (1) extension of not more than ten (10) days may be granted by the Commission provided the event has been conducted in accordance with the provision of the permit during the initial permit period. Provisions satisfactory to the Commission shall be made for safe access and traffic control, off-street parking, water supply, sewage disposal and emergency medical treatment for those attending the activity NON-RESIDENTIAL USES IN R-30A DISTRICTS. Uses listed as Special Exceptions in R-30A Districts shall be permitted provided they meet the following conditions: The design of the building or its alteration is compatible with the surrounding neighborhood Vehicle parking shall not be permitted in front of the building line Signs shall not contain or be illuminated by flashing, movable or colored lights A planted buffer strip at least five (5) feet wide, and containing shrubs that will be not less than six (6) feet tall in three (3) years, shall be established along lot lines abutting lots used for residential purposes to screen parking areas, refuse containers, driveways or any use not customarily found in a residential neighborhood No structure violates setback requirement established for buildings RESIDENTIAL USES IN COMMERCIAL ZONE. In the Commercial District, one (1) and two (2) dwelling units may be included in a building used for commercial purposes provided that the following conditions are met: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 77

79 The units do not occupy the front of the first floor of the building, which shall be used only for commercial purposes The Town Sanitarian shall be satisfied that the septic system can accommodate the additional use. The Sanitarian shall report his/her findings in writing to the Commission; his/her disapproval shall constitute sufficient reason for rejection Sodded recreation areas shall be provided at a rate of 600 contiguous square feet of land per dwelling unit. All such minimum area must be at least 10% slope or less and must not be designated as inland wetland soils. The minimum dimension of this space must be 15 feet. This area shall be screened from parking areas, driveways, garages, service areas and streets by suitable plantings Garages and off-street parking spaces, or a combination thereof, shall be provided on the lot for not less than two (2) cars per dwelling unit No such dwellings shall be located more than 1,000 feet from a source of water adequate to provide fire protection, as determined by the Town Fire Marshal ACCESSORY APARTMENTS. All such uses shall meet the following requirements: The apartment shall be subordinate to the primary dwelling There shall be only one (1) accessory apartment in a dwelling The existence of an accessory apartment in a dwelling will not change the character of a neighborhood The Town Sanitarian shall be satisfied that the septic system can accommodate the additional use. The Sanitarian shall report his findings in writing to the Commission; his/her disapproval shall constitute sufficient reason for rejection The apartment shall be no more than one third (1/3) the square footage of the primary dwelling unit and no less than 400 square feet The applicant may partition the existing house or build an addition; in either situation, requirement above shall prevail The primary entrance to the apartment shall be through the principal dwelling, and a second entrance must be provided from the accessory apartment in the rear of the structure The Commission may require additional off-street parking Accessory apartments shall not be considered as units for the purposes of calculating the Maximum Residential Density ADULT ORIENTED BUSINESS: In the development and execution of these Regulations, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of Adult Oriented Businesses is necessary to insure that the purposes of the Town, as specified in Section II of Town Ordinance Number, are satisfied. All Adult Oriented Businesses shall meet the following requirements: Adult Oriented Business shall be located only in the Commercial District The property containing an Adult Oriented Business shall be not closer than 500 feet from a residential district; no closer than 1,000 feet from property containing a school, day care center, or other educational facility, church or recognized place of worship, public library, museum, public park or playground, or another Adult Oriented Business. Measurement of the distance shall be from the property boundary TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 78

80 containing the Adult Oriented Business in a direct line to the property boundary of uses noted in this sub-section or the boundary of a residential district A sign, two feet by two feet (2' x 2'), clearly stating "Adult Oriented Business - Persons Under 18 Not Admitted" - shall be displayed outside of, and adjacent to, each entrance to the Adult Oriented Business The area of the premises outside of each entrance, the parking area, and the area between the parking and any entrance shall be illuminated throughout the hours of operation No Adult Oriented Business shall be operated in any manner that permits the observation of any material depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", from any public way or any adjacent property. This provision shall apply to any display, decoration, sign, show window or other opening No residential use shall be allowed on any property or in any building containing an Adult Oriented Business Any approval of a Special Exception by the Commission for an Adult Oriented Business shall be conditioned upon the presentation of a valid license issued by the Town of Colchester for the operation of such business Kennels and Commercial Kennels, when allowed by Special Exception, shall meet the following standards: The minimum lot size for Kennels shall be 2.75 acres, and for Commercial Kennels shall be five (5) acres; No Kennel or associated structure shall be located within 100 feet of any property line; All buildings in which animals are housed shall have adequate noise insulation so as to avoid the creation of a nuisance due to noise; Such use shall be maintained as an accessory use to a single-family residence; All the requirements of Section shall be met WIRELESS TELECOMMUNICATION SITE DEVELOPMENT REQUIREMENTS. In addition to the site plan requirements of Section 12 herein, and to the general Special Exception evaluation criteria of Section 11.5 herein, Wireless Telecommunication Sites shall meet the following development requirements: Location Preferences for siting the equipment involved in Wireless Telecommunication Services are, in order of preference, as follows: Co-location on existing or approved Towers On new Towers located in business or industrial zones On new Towers located in commercial zones On existing structures such as buildings, water towers and utility poles On new Towers located in residential zones The following written and/or graphic information shall accompany any Special Permit application: Written proof that either the applicant or co-applicant holds bona fide license from the Federal Communications Commission (FCC) to provide TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 79

81 the Wireless Telecommunication Services that the proposed Tower is designed to support A report from a licensed engineer certifying that the proposed Wireless Telecommunication Site will comply with the FCC emission standards for radio frequency emissions A report from a licensed engineer certifying that the installation of such Wireless Telecommunication Site will not interfere with public safety communications A design drawing including cross section and elevation of all proposed Towers, including a description of the Tower's capacity, the number and type of antennas it can accommodate, the proposed location of all mounting positions for co-located antennas, and the minimum separation distances between antennas An analysis of the fall zone for the proposed Tower prepared by a licensed engineer A map depicting the Licensed Wireless Telecommunication Service Provider's planned coverage and the service area of the proposed Wireless Telecommunication Site, as well as the Licensed Wireless Telecommunication Service Provider's long-term plan for future facilities in Colchester A view shed analysis showing all areas from which the Tower would be visible On Wireless Telecommunication Sites where any portion of the lower 50% of the Tower, associated equipment, and structures will be visible from a street, the Commission may require an on-site simulation of the proposed Height of Tower to ascertain the likely visual impacts of the proposal. The applicant shall delineate what steps have or will be taken to minimize the visual impact of the proposal Proposed locations with Location Preference numbers 3, 4 and 5 shall include written justification for why such proposal could not be located on Wireless Telecommunication Sites with Location Preference numbers 1 or Wireless Telecommunication Sites shall meet the following standards: No Wireless Telecommunication Site shall exceed 199 feet in height. No Towers shall exceed 180 feet in height Be located a minimum of 200 feet from any existing or approved residence on the same lot, or a minimum of 200 feet from any property line of a lot on which a residence is located or approved to be located Be located so that the fall zone is located entirely within the property lines associated with the proposed Wireless Telecommunication Site Towers exceeding 60 feet in height shall be located a minimum of 1,000 feet from the boundary of the Historic Preservation Overlay Zone, from the property line of any property listed on the National Register of Historic Places, or from the boundary of the local Historic District. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 80

82 Not be located within 5,000 feet of a similar facility unless the applicant can justify to the Commission that there is no prudent alternative to the proposed location, or existing facilities do not have Co-Location capacity available No lights shall be mounted on proposed Towers, unless otherwise required by the Federal Aviation Administration (FAA). All strobe lighting shall be avoided, unless otherwise required by the FAA Be painted a non-contrasting blue or gray, or finished in a brushed galvanized surface, unless otherwise required by the FAA Not be used to exhibit any non-safety signage or advertising Be designed to accommodate both the applicant's antennas and antennas for at least two (2) additional Licensed Wireless Telecommunication Service Providers if the Tower is less than 100 feet in height or for at least five (5) additional Licensed Wireless Telecommunication Service Providers if the Tower is 100 feet in height or higher Be designed to allow for future rearrangement of antennas and to accommodate antennas mounted at varying heights Antennas or equipment buildings/boxes mounted to or on buildings or structures shall blend with the color and design of such building or structure Be designed, located or operated so as not to interfere with existing or proposed public safety communications Comply with the standards promulgated by the FCC for radio frequency emissions All utilities shall be installed underground unless not practicable All generators shall comply with applicable State and local regulations Include a chain-link security fence a minimum of six (6) feet in height within three (3) feet of the entire perimeter of the Wireless Telecommunication Site Any Tower proposed to be adjacent to any airport shall comply with all airport safety requirements as required by the FAA. The Commission may require documentation from the applicant demonstrating such compliance Affidavit: Applicants shall provide a sworn affidavit delineating the number and mounting position(s) of Co-Location Antenna(s) positions being made available for lease to other Licensed Wireless Telecommunication Service Providers, and affirming their intention of entering into such lease agreements when technically possible Removal/Restoration: Upon completion of a Wireless Telecommunication Site the applicant shall provide the Town with a copy of any notice to the FCC of an intent to cease operations at said Site. Any Wireless Telecommunication Site not used for 12 consecutive months shall be removed by the applicant. Removal shall occur within 90 days of the end of such 12-month period. Upon removal the area (except for access drives) shall be restored to its previous appearance and where appropriate re-vegetated to blend with the surrounding area. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 81

83 Removal/Restoration Bond: Wireless Telecommunication Site removal and area restoration shall be at the expense of the applicant, who shall post as surety a Bond in the amount of 10% of the original construction cost of the facility. Such Bond, in a form acceptable to the Town Treasurer, shall be in favor of the Town of Colchester, and shall be posted prior to the issuance of a Building Permit PLANNED RESIDENTIAL DEVELOPMENT. Every Planned Residential Development shall meet the following requirements: Planned Residential Developments shall only be permitted when the entire area of the property proposed for development is in the proposed water and sewer service area and the development is connected to public water and public sewer systems A Planned Residential Development shall not exceed the maximum density permitted for the parcel according to Section No building shall be located closer than 50 feet from any property line of a lot containing a single-family dwelling No Planned Residential Development shall exceed the maximum building coverage permitted according to Section Planned Residential Developments shall be designed, located, landscaped and buffered in a manner that does not adversely alter the character of an established single-family neighborhood Unless otherwise approved by the Commission, every Planned Residential Development dwelling shall be serviced by a private roadway internal to the site and shall not derive direct driveway access from a public street. Any roadway or driveway shall have a permanent all-weather surface and shall be properly drained Private roadways serving a Planned Residential Development shall have the main access roadway connecting directly to a collector or arterial street which shall be capable of accommodating the added traffic flow generated by development Any development containing more than 30 units shall have a second roadway access to a public street. Such secondary access may, with approval of the Commission, be located on a local or dead end street provided it is located within 600 feet of the collector or arterial street Adequate open space areas and recreation facilities shall be provided on the site to meet the needs of the residents of the proposed development The Commission may require that active recreation facilities be provided (graded, equipped, and landscaped) for such developments by the builder. Recreation facilities intended for use by children shall be protected by suitable fencing and plantings from parking areas, driveways, garages, service areas and streets Designated recreation and open space area(s) shall contain a minimum of 3,600 contiguous square feet which shall: be at least 50 feet in width, and not be designated as inland wetland soils or contain slopes in excess of 10% Garages and off-street parking spaces, or a combination thereof, shall be provided on the lot for not less than two (2) cars per dwelling unit. Such required spaces shall be located with convenient access to the principal building(s). Parking areas and driveways shall have a permanent all-weather surface and shall be properly drained Any portion of the development having more than 30 dwelling units shall have at least two (2) means of access from public streets. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 82

84 Buildings shall be arranged in a manner consistent with the most current Building and Fire Code Regulations No Planned Residential Development dwelling shall be located more than 1,000 feet from a source of water adequate to provide fire protection, as determined by the Town Fire Marshal All utilities shall be installed underground EXPANSION OF COMMERCIAL OR INDUSTRIAL USES IN RESIDENTIAL ZONES. When permitted in these Regulations, a commercial or industrial use that was in existence in a residential zone as of December 12, 2003, may be expanded or modified with approval of a Special Exception by the Commission provided that the following conditions are met: the building and site shall be designed to enhance compatibility and reduce incompatibility with abutting uses and the neighborhood; adequate buffering shall be provided to minimize adverse impacts on adjacent uses; the nature and intensity of the use in relation to the size of the lot will be more in harmony with the neighborhood and more compatible with adjoining uses, and the use is not expanded onto additional parcels not occupied by the use as of December 12, INCREASE IN IMPERVIOUS COVERAGE. When permitted in these Regulations, the Commission may, by Special Exception, allow a commercial or industrial use to increase the permitted impervious coverage to not more than ninety (90) percent of the buildable area of the site after considering the impact on abutting uses, the character of the area, the provision or availability of shared parking and/or access, the impact on the streetscape, and provisions made for stormwater recharge EARTH MATERIALS PROCESSING AND RECYCLING ( EMPAR ) PURPOSE: To allow limited materials processing and aggregate recycling as a use associated with an approved earth materials excavation operation, and only in locations that will not have a negative impact on natural resources, are in reasonable proximity to regional highways, and that will promote the orderly development of the Town by protecting existing residential neighborhoods and uses DEFINITIONS (A) RECYCLING: The processing of solid waste to reclaim material therefrom, as defined by CGS section 22a-207(7). Recycling for the purpose of this section, shall mean the processing of earth materials, as defined in section (B) of these regulations, to reclaim material therefrom (B) EARTH MATERIALS: Earth materials shall mean to include only the following: topsoil; manure; compost; leaves; brush; sand; gravel; stone; rock; used concrete and brick; used bituminous paving materials (asphalt), and clean fill. No other construction or demolition waste shall be included (C) SOLID WASTE: means unwanted or discarded solid, liquid, semisolid or contained gaseous material, including, but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility (D) MUNICIPAL SOLID WASTE: means solid waste from residential, commercial and industrial sources, excluding solid waste consisting of significant quantities of hazardous waste as defined in section 22a-115 of the General Statutes, land-clearing debris, demolition debris, biomedical waste, sewage sludge and scrap metal. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 83

85 (E) BULKY WASTE: Land clearing debris and waste resulting directly from demolition activities other than clean fill (F) CONSTRUCTION AND DEMOLITION WASTE: Waste building materials and packaging resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures, excluding asbestos, clean fill, as defined in regulations adopted under section 22a-209 of the General Statutes, or solid waste containing greater than de minimis quantities, as determined by the Commissioner of Environmental Protection, of (A) radioactive material regulated pursuant to section 22a-148, (B) hazardous waste as defined in section 22a-115, and (C) liquid and semi liquid materials, including but not limited to, adhesives, paints, coatings, sealants, preservatives, strippers, cleaning agents, oils and tars (G) CLEAN FILL: Means (1) natural soil (2) rock, brick, ceramics concrete, and asphalt paving fragments which are virtually inert and pose neither a pollution threat to ground or surface waters not a fire hazard and (3) polluted soil as defined in subdivision (45) of subsection (a) of Section 22a-133k-l of the Regulations of Connecticut State Agencies which soil has been treated to reduce the concentration of pollutants to levels which do not exceed the applicable pollutant mobility criteria and direct exposure criteria established in Sections 22a-133k-l through 22a-133k-3 of the Regulations of Connecticut State Agencies and which soil is reused in accordance with R.C.S.A subdivision (3) of Subsection (h) of Section 22a-133k-2 of such Regulations (H) HAZARDOUS WASTE: Any waste material which may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed, including (A) hazardous waste identified in accordance with Section 3001 of the Federal Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), (B) hazardous waste identified by regulation by the Department of Environmental Protection, and (C) polychlorinated biphenyls in concentrations greater than fifty parts per million, but does not mean byproduct material, source material or special nuclear material, as defined in section 22a- 151, or scrap tires (CGS Section 22a-115 (1)) GENERAL REQUIREMENTS: No processing or recycling of earth materials shall occur without a valid Special Exception Permit. Special Exception Permits for Earth Materials Processing and Recycling may be issued for periods not exceeding two (2) years and may be renewed for periods not exceeding two years. All Earth Materials Processing and Recycling operations shall require a Special Exception Permit, which shall require a Public Hearing on the initial application. Renewals of Special Exception Permits for Earth Materials Processing and Recycling may be issued by the Zoning Enforcement Officer after staff review only if the applicant can demonstrate that the operation has been conducted in compliance with the provisions of these regulations. A Public Hearing is not required for Renewal unless otherwise ordered by the Commission. Renewal Applications shall be accompanied by proof of Notice to abutters as prescribed by Section of the Zoning Regulations. In order to be eligible for a Special Exception Permit ( SEP ) for Earth Materials Processing and Recycling the site and operation shall meet all of the following criteria: (A) Such earth materials processing and recycling operations, and associated activities, may only be conducted Monday through Friday between the hours of 7:00 A.M. and 5:00 P.M., excluding the celebrated day of the following Holidays: January 1 st ; Memorial Day; July 4 th ; Labor Day; Thanksgiving Day; and Christmas Day (B) Crushing and grinding operations in connection with an EMPAR operation may only be performed for ten (10) days per calendar month (C) No Special Exception Permit for an Earth Materials Processing and Recycling Operation shall be issued unless the EMPAR operation also has a valid Special Exception for earth excavation pursuant to Section 11.8 of these regulations, as of June 1, 2007, as evidenced by a valid and current Special Exception Permit, Zoning Permit, and any other required Town of Colchester approvals. Upon the conclusion or TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 84

86 termination of the lawfully permitted active earth excavation the Earth Materials Processing and Recycling Operation shall be concluded within one (1) year from the date of conclusion and the site fully reclaimed pursuant to Section of these Regulations (D) The site shall not be subject to any current or outstanding enforcement action, including any notice of violation, administrative order, consent order or stipulated judgment, from any governmental or administrative agency, including without limitation, the United States Environmental Protection Agency (E.P.A.), State of Connecticut Department of Environmental Protection (D.E.P.), Department of Transportation (D.O.T), Department of Public Health (D.P.H.) or the Town of Colchester, as of the date of application for the Special Exception Permit or Renewal (E) The EMPAR operation must be conducted on a site containing a minimum of one hundred (100) contiguous acres of land, as evidenced by a deed recorded in the office of the Town Clerk as of June 1, (F) No Earth Materials and Recycling Operation shall be located or conducted within the Aquifer protection Overlay Zone unless such Earth Materials and Recycling operation is designed to control stockpile runoff and infiltration into the groundwater in a means acceptable to the Commission and Town Engineer. Such design details shall be submitted on the CLASS 2 site plan required in Section of these regulations. The installation, operation, and maintenance of the design details shall be addressed n the written plan required in Section of these regulations (G) The site shall have direct frontage on and have approved vehicular access to a collector or arterial street as defined by the Town of Colchester (H) No activity permitted under this section shall be permitted within one thousand (1,000) feet of the border of any neighboring town. Further, any activity permitted within twelve hundred (1,200) feet of any neighboring town border shall comply with any and all buffering requirements of such neighboring town. Where no requirements exist the Commission shall require a suitable buffer PERFORMANCE STANDARDS: Consistent with the purpose of these provisions, and in order to protect the health, safety and welfare of the Town s citizens, the extent of a recycling operation shall be expressly limited as follows: (A) The amount of material processed shall not exceed more than eighty (80) cubic yards per hour of earth material (B) The types of material processed shall be limited to earth materials as defined in Section (B) of these Regulations. The storage, burial, processing or recycling of any type of hazardous waste, bulky waste, municipal solid waste, or scrap tires is expressly prohibited (C) The Commission may, in its discretion, limit the area of operation, including but not limited to parking, access, stockpiles; type, capacity, and number of equipment proposed on the site (D) The Commission may require buffering including but not limited to additional landscaping, vegetation, and fencing to adjacent uses and streets (E) In order to establish compliance with any or all of the limitations, the Commission and/or its agent(s) may at any time, require written documentation, sufficient in their sole opinion to demonstrate compliance, including but not limited to daily logs, invoices or other financial documentation, tax records, and/or notarized statements STATEMENT OF USE: In addition to any other application requirements of these Regulations, an application for Special Exception to conduct an Earth Materials and Recycling Operation shall contain a detailed Statement of Use which shall include the following information: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 85

87 (A) The type of material(s) to be processed and recycled (B) The volumes of material(s) to be processed on a daily, weekly and annual basis (C) The volumes of material(s) to be stockpiled on site, specifically the maximum at one time (D) The number of employees (E) The number of anticipated truck trips, to and from the site on a daily, weekly, and annual basis and the anticipated distribution of truck traffic (F) The hours and days of processing activity (G) The type, number, make, model, and maximum operational capacity of equipment proposed to be used (H) Any other uses, existing or proposed, on site (I) Indicate compliance with the Performance Standards of Section of the Colchester Zoning Regulations The application shall contain a detailed, CLASS 2, site plan in accordance with Section 12.3 of these regulations and modified as necessary. The Site Plan shall show that adequate measures are to be taken to guard against erosion and sedimentation from the stockpiling of materials both before and after processing A written plan with sufficient detail shall be submitted to the Commission showing dust control measures to be instituted and the best management practices to be followed Locations for access roads, stock piling, and equipment storage shall be selected to minimize adverse effects to surrounding properties Where other permits may be necessary from the E. P.A, D.E.P, D.O.T, or any other governmental agency evidence that application has been made, permit obtained or not required from the applicable agency shall be submitted to the Town of Colchester The Commission may, in its sole discretion, require the installation and implementation of groundwater quality monitoring wells and a groundwater quality-monitoring program, including but not limited to annual or semi-annual sampling and reporting Upon expiration of a Special Exception Permit issued pursuant to this section, any area where the operation has been permitted and has taken place shall be reclaimed by grading and covering with at least four (4) inches of topsoil and stabilized with vegetation to prevent erosion. The Permit holder shall restore or improve the appearance of the area. If no activity in connection with an Earth n work has been completed (either by the Town, its contractor(s), or the applicant), ten (10%) percent of the bond shall be held for an additional two full growing seasons to ensure full reclamation which, may be released provided an 80% survival rate of the vegetation is achieve Prior to the issuance of a Special Exception Permit for the permitted operation, the applicant shall post a cash bond, in an amount approved by the Commission prior to granting Special Exception approval and in consultation with the Town Engineer, as sufficient to guarantee conformity with the provisions of the permit issued thereunder. The bond must be sufficient to re-grade the site, to purchase and apply topsoil for at least a four (4) inch cover over the site and purchase and apply a plant stabilizing vegetation over the site. Additionally, the owner(s) shall grant a written license to the Town of Colchester to allow reclamation work in the case of forfeiture. If the reclamation work has not been completed within one (1) TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 86

88 year of the expiration of a non-renewed permit or the conclusion or termination of an operation, the bond shall be called and reclamation work shall be completed by the Town of Colchester or its designated contractor(s). When reclamation work has been completed (either by the Town, its contractor(s), or the applicant), the (10%) percent of the bond shall be held for an additional two full growing seasons to ensure full reclamation which, may be released provided and 80% survival rate of the vegetation is achieved No equipment, permanent or portable, used for the processing and recycling of earth materials such as but not limited to a crusher, screener, grader, wood chipper, and similar equipment, shall be located closer than one thousand (1,000) feet to any residential dwelling unit not owned by the permit holder. The Commission may with approval of a Special Exception, after considering the impact on abutting uses, the character of the area, and the equipment being utilized reduce or modify the requirements of this section Allowable noise levels shall be governed by State Regulations promulgated under CGS section 22a-69, which are included in Regulations of Connecticut State Agencies ( RCSA ) sections 22a through 22a inclusive The operation, equipment, and stockpiles of material shall be visually buffered, to the satisfaction of the Commission, from adjacent uses, streets, and neighboring properties The processing and recycling of organic material shall not create an odor nuisance or pest attraction. The processing and recycling of manure shall require manure to be managed using best management practices as prescribed by the United States Department of Agriculture Nothing contained in this regulation shall relieve any recycling operation from any requirements of the Department of Environmental Protection, the Department of Transportation, the U.S. Environmental Protection Agency, or any other regulatory agency, including the Town of Colchester. In the event that any provision of this regulation conflicts with any other requirement of another administrative agency, the more stringent regulation shall control RIDING STABLES AND EQUESTRIAN FACILITIES The purpose of this section is to regulate the use of land, buildings, and other structures for commercial equine-related activities. This shall include but not be limited to commercial equine boarding stables and facilities to conduct equine training. All proposed facilities covered by this regulation shall meet the following requirements: Lot Size: Riding Stables and Equestrian Facilities as defined above shall be contained within a parcel with a minimum area of five acres Building Coverage: Building coverage shall not exceed 20% of the lot area, and total impervious coverage shall not exceed 30% of the lot area Parking and Circulation: Parking ratios for facility will follow Section The Special Exception requirements for parking and driveway surface will follow Section C.4, with an emphasis placed on gravel and other acceptable, more pervious surfaces as may be approved by the Zoning and Planning Commission. Drives for entering and leaving the property shall be located with adequate site lines for residential land uses as defined in section D.6. Unless the facility is specifically permitted for large exhibitions or shows, single-point access drives for the facility may use the one-way width standard as described in C.4, with pull-off areas measuring 15 wide by 40 long provided every 200 feet to allow for emergency two-direction passing. In no case shall the access driveway be wider than the public road that it fronts. Large exhibitions or shows shall be defined as competitions or exhibitions catering to twenty (20) or more competitors and/or exhibitors at one time. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 87

89 Manure Management: Manure which is stacked or composted on site must be located at least 75 from any well, watercourse, wetland, or property line. Manure management is to be conducted in accordance with Best Management Practices (BMPs) as established by the Connecticut Department of Environmental Protection, the USDA-Natural Resources Conservation Service, and applicable Health Department regulations Caretaker Housing: For the purpose of housing equestrian caretakers, one dwelling unit, no more than six hundred (600) square feet in area is permitted. Residents of these caretaker housing units must be employed by the equestrian operation where it is located. If the facility offers ten or fewer full time stalls they are eligible for one caretaker unit. If the facility offers twelve stalls or more another caretaker dwelling unit can be permitted. There shall be no more than two (2) caretaker dwelling units on any site. Caretaker dwelling units must be attached to stables, training rings, or other facility structures but may have separate entrances. Caretaker dwelling units shall meet all related Health regulations for water supply and sewage disposal Safety: Adequate fencing shall be installed to reasonably contain equines. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 88

90 SECTION 12 - SITE PLAN REQUIREMENTS 12.1 GENERAL REQUIREMENTS. Site plans shall be required for the following development: Any development that requires a building permit Change in use Parking lot Sign (in accordance with Section 16 of these Regulations) Outdoor use of land including but not limited to outdoor storage, but excluding farm use For initial construction of, or addition to, single-family and two-family dwellings and accessory buildings thereto, two (2) site plans drawn to scale and in accordance with an accurate boundary line survey or referencing an approved plan on file in the Town of Colchester shall be provided. Such plans shall show the required setback and boundary lines and the location of all new construction and other important features, including but not limited to new buildings, parking areas, sanitary disposal systems, wells, wetlands and flood plains It will be left to the discretion of the Zoning Enforcement Officer as to whether or not an Improvement Location Plan will be required, signed, sealed and certified to be accurate by a registered land surveyor, where distance from any boundary is in question for additions and accessory buildings Provide locations of all wells, septic systems and wetlands and/or watercourses within 100 feet of the subject property CLASS 1 SITE PLAN. Shall be required for single-family buildings and accessory buildings thereto, Class 1 Site Plans are also required for any change in use, addition or accessory building to any other principal building, provided that the use is subordinate and customarily incidental to the principal use and provided that: Such building does not exceed 25% of the floor area of the existing buildings or 1,500 square feet, whichever is less. If the proposed building is for an agricultural use, such building shall not exceed 5,000 square feet. (Amended 11/1/09) Such building does not exceed one (1) story Such building conforms to all requirements of the district in which it is located No site improvements are intended, required or will result from such building, including but not limited to the development of additional parking spaces Two (2) copies of the plan shall be submitted to the Zoning Enforcement Officer at a scale on sheet size prescribed by the Zoning Enforcement Officer and shall show the following: A B C D E Boundaries, dimensions and area of the property. Locations of all existing and proposed buildings and uses, including but not limited to driveways, parking areas, and abutting streets, and locations of light and telephone poles or other utility appurtenances. Dimensions of all yards, as required by these Regulations. Location and description of water supply, and sewage disposal facilities. Square footage of proposed structure and number of stories F Wetland and/or floodplain limits. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 89

91 G Location of Sidewalks. All lots that are part of a subdivision approved in accordance with Subdivision Regulation after the effective date of this regulation shall comply with the pedestrian access requirements of that section. (Amended 6/1/10) 12.3 CLASS 2 SITE PLANS. Shall be required for all buildings and uses other than those described above (Class 1 Site Plans). All Class 2 Site Plans shall be prepared by a registered professional engineer, land surveyor or architect licensed in the State of Connecticut. Such site plans shall expire one (1) year after approval unless construction has begun and is pursued to completion in accordance with the site plan, except that the Commission may grant an extension of time for cause. Five (5) such plans shall be submitted to the Designated Agent of the Zoning and Planning Commission for the Commission's review and be at a scale of at least one (1) inch equals 50 feet and shall be on sheets either 36 x 24 or 18 x 24 and shall show the following: Scale, arrow, date of drawing or preparing the site plan Address of property and name of owner of record Property boundaries, dimensions and area Wetland and floodplain limits Locations of all existing and proposed buildings and uses, including but not limited to signs, sidewalks, driveways, parking and loading areas, and abutting streets, poles, hydrants and other utility appurtenances; areas to be used for exterior storage and the type of screening to be provided Dimensions of all yards, as required by these Regulations Locations and descriptions of water supply and sewage disposal facilities Contour lines at intervals determined by the Commission to be sufficient to clearly show natural drainage. If grading is proposed, the existing and proposed contours will be shown. Elevations to be taken by field survey Existing and proposed drainage structures on the property and those off the property that may be affected by the proposed building use Proposed landscaping, including the type, size and location of proposed plantings Wherever natural drainage is to be disrupted or extensive grading is to be done, the applicant shall submit an erosion and sedimentation control plan. Such plan shall be prepared in accordance with standards prescribed in the U.S. Soil Conservation Service's Erosion and Sediment Control Handbook and shall show the measures to be taken during and after construction to minimize erosion and sedimentation All parking areas and driveways shall be paved with a two (2) inch layer of bituminous concrete over a suitable gravel base, and provided with adequate storm drainage to ensure protection from surface runoff over adjacent properties and roads. The paving requirement may be modified as outlined in Section C.4. (ADOPTED: August 15, 2001 EFFECTIVE DATE: September 5, 2001) Driveways shall be at least 15 feet wide (curb to curb) for one-way traffic and 24 feet wide for two-way traffic. A clear sight distance from an exit driveway along a local street shall be at least 350 feet and 500 feet along a collector or arterial street, as measured from a point ten (10) feet from the travel way of the street at an elevation of three (3) feet All sidewalks/public trails shall be constructed in accordance with the provisions of Section 7.7 and respectively of the Subdivision Regulations. Concrete Sidewalks shall be required in areas where expected pedestrian and/or vehicle traffic generated by TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 90

92 high residential densities, commercial, industrial or institutional activities, as well as access to public schools make sidewalks necessary for public safety. Where the above conditions are determined not to exist, the applicant may, with the approval of the Commission, propose an alternative plan for pedestrian access or pay a fee for the offsite installation of sidewalks/public trails. Any fee for off-site sidewalk/public trail construction shall be placed in a fund established by the Town to be used for the construction of new and/or the repair of existing sidewalks/public trails or for acquiring additional land or easements for future sidewalks/public trails. The Planning and Public Works Departments shall prepare a priority improvement listing for sidewalk/public works repair/construction which shall be adopted by the Board of Selectman on an annual basis. As funds from the off-site pedestrian fee program are deposited with the Town and when a balance is reached that exceeds the top ranked project on the sidewalk priority improvement list, that project shall be constructed/repaired/acquired using those funds. The offsite fee shall be identified annually by the Town Engineer. (Amended 6/1/10) A-2 Survey certified by a land surveyor registered in the State of Connecticut If approval from any state, local, or federal departments, offices or agencies is required, such approval may be required prior to approval. Approval from Connecticut Department of Transportation may be preliminary.(effective 8/12/09) Any additional information required by the Commission List of the required and provided building setback lines, lot width, lot area and parking spaces Class 2 structures should be in substantial design conformity with the surrounding area. Architectural elevations and photographs of the surrounding properties must be submitted for review and approval ACTIVITIES REQUIRING A CERTIFIED EROSION AND SEDIMENT CONTROL PLAN. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than one-half (1/2) acre EXEMPTIONS. A single-family dwelling that is not a part of a subdivision of land and farming activities shall be exempt from these erosion and sediment control regulations EROSION AND SEDIMENT CONTROL PLAN CONTENTS. To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater run-off on the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985) as amended. Alternative principles, methods and practices may be used with prior approval of the Commission. Said Plan shall contain, but not be limited to: A A narrative describing: A.1 The development A.2 The schedule for grading and construction activities including: A.2(a) A.2(b) A.2(c) Start and completion dates. Sequence of grading and construction activities. Sequence for installation and/or application of soil erosion and sediment control measures. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 91

93 A.2(d) Sequence for final stabilization of the project site A.3 The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities A.4 The construction details for proposed soil erosion and sediment control measures and stormwater management facilities A.5 The installation and/or application procedures for proposed soil erosion and stormwater management facilities A.6 The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities B A site plan Map at a sufficient scale to show: B.1 The location of the proposed development and adjacent properties B.2 The existing and proposed topography including soil types, wetlands, watercourses and water bodies B.3 The existing structures on the project site, if any B.4 The proposed area alterations including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new properly lines B.5 The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities B.6 The sequence of grading and construction activities B.7 The sequence for installation and/or application of soil erosion and sediment control measures B.8 The sequence for final stabilization of the development site C Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent MINIMUM ACCEPTABLE STANDARDS A B Plans for soil erosion and sediment control shall be developed in accordance with these Regulations using the principles as outlined in Chapters 3 and 4 of the CONNECTICUT GUIDELINES FOR SOIL EROSION AND SEDIMENT CONTROL (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when complete, and does not cause off site erosion and/or sedimentation. The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985) as amended. The Commission (of the County Soil and Water Conservation District) may grant exceptions when requested by the applicant if technically sound reasons are presented C The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 92

94 peak flow rates and volumes of runoff unless an alternative method is approved by the Commission ISSUANCE OR DENIAL OF CERTIFICATION A The Colchester Zoning and Planning Commission or Designated Agent shall either certify that the soil erosion and sediment control plan, as titled, complies with the requirements and objectives of these Regulations or deny certification when the development proposal does not comply with these Regulations. Such denial by the Designated Agent may be reviewed by the Commission at the request of the applicant B C Nothing in these Regulations shall be construed as extending the time limits for the approval of any application under Chapters 124, 124A or 126 of the General Statutes of the State of Connecticut. Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District which may make recommendations concerning such plan, provided such review shall be completed within 30 days of the receipt of such plan D The Commission may forward a copy of the development proposal to the Conservation Commission or other review agency or consultant for review and comment E The Designated Agent shall be the authority to certify Class 1 Site Plans. The Commission shall be the authority to certify Class 2 Site Plans CONDITIONS RELATING TO SOIL EROSION AND SEDIMENT CONTROL A B C D The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, that are a condition of certification of any modified site plan may be required to be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified under Section 12.8 of these Regulations. Site Development shall not begin unless the Soil Erosion and Sediment Control Plan is certified and these control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan. All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan INSPECTION: Inspections shall be made by the Commission or its Designated Agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained SITE PLAN APPROVAL GENERAL. Prior to approval of an application for a Certificate of Zoning Compliance for a use for which approval of a site plan is required, including Special Exception/Permit uses under Section 11, a site plan submission shall be made to and approved by the Commission. The Commission shall use the following standards for the review of plans submitted to the Commission for review and action. The construction of any improvements shown on any such plan shall be in accordance with these standards. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 93

95 CONSTRUCTION STANDARDS. CONNDOT, Form 815, as amended, "Standard Specifications for Road, Bridges and Incidental Construction", and Town of Colchester Zoning Regulation, Town of Colchester Subdivision Regulations and Connecticut Landscape Contractors Association's "Standard Specifications for Planting Trees, Shrubs. Vines, etc." are to be used for construction standards APPLICATION. Application for approval of a site plan shall be submitted to the Commission in writing, in quadruplicate, and shall be accompanied by the following: A STATEMENT OF USE. A written statement, signed by the applicant, and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with these Regulations and to establish the plan and program basis for review of the site plan submission; five (5) copies shall be submitted: A A A A A A.6 The nature and extent of the proposed use or occupancy. Provision to be made for water supply, sewage disposal, solid and liquid waste disposal, drainage and other utilities. The number of persons to occupy or visit the premises on a daily basis, including the parking and loading requirements for the use. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hour. The equipment or other methods to be established to comply with the Performance Standards of Section 3. Disclosure of any toxic or other hazardous materials to be used, stored or processed in connection with the proposed use or occupancy as identified in the U.S. Environmental Protection Agency list of priority pollutants, Sec of the Resource Conservation and Recovery Act (40 Cfr Part 261) and Connecticut regulations for hazardous wastes B SITE PLAN. General information to be on each site plan B.1 LEGEND. A list of abbreviations and/or symbols used on the map(s) along with their definitions B.2 ZONING COMPLIANCE TABLE. A list of all dimensional requirements for the particular zone(s) along with the proposed dimensions B.3 PARKING COMPLIANCE TABLE. A list of all parking requirements for the proposed use along with proposed parking criteria B.4 MAP SCALES AND SHEET SIZES. A site plan drawn on one (1) or more sheets 24" by 36" and at a scale not to exceed 1" = 40'; Location Map, 1" = 1,000 scale map showing the site; north arrow; existing and approved roads, watercourses, aquifer protection zone, zone district lines and town lines within 2,000 feet of the site must be provided on the plan, Index Map - If the proposed site does not fit on one (1) sheet, a 1 = 200' scale map of the site showing match marks and sheet number references must be provided on the plan. Other map scales may be approved by the Planning and Zoning Commission. Five (5) copies of each shall be submitted. Additional details and specifications shall be drawn at the same sheet size and scale or TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 94

96 such other size and scale as may be appropriate in accordance with good design practice. The site plan shall be prepared by a professional engineer, architect, land surveyor and/or landscape architect licensed to practice in the State of Connecticut and as required by law C SITE PLAN CONTENTS. The site plan, including details and specifications, shall show all of the following information, both existing on the premises and proposed to be established, to the extent applicable to the particular Application: C C.2 PROPERTY LINES. All exterior boundary lines and interior property lines or lot lines shall be shown with a length and bearing for each line. Bearings shall be for traverse in a clockwise direction. (Class A-2, Transit survey.) The map shall be certified by a Connecticut registered land surveyor. All abutting properties shall be shown with distances and names of current ownership as shown in the Office of the Town Assessor. A north arrow shall be shown on each sheet of the plan and referenced as True, Magnetic, or Grid. Front and rear property lines shall be marked using metal pins. STREET LINES. All street lines, either existing or new streets, must be shown on maps with lengths and bearings for a traverse in a clockwise direction. All curve data shall be shown. At all principal points on street lines, such as block corners, Points of Curvature (PC) and Points of Tangency (PT) of curves shall be permanently monumented using concrete survey monuments with brass or bronze discs permanently marked or punched. Minimum monument size is 4" x 6" x 36". All front setback-building lines shall be shown with reference to the street lines. Indicate whether this setback line is a standard in accordance with the Zoning Regulations or if such line has been established by the Commission C.3 RIGHT-OF-WAY AND EASEMENTS (existing and/or proposed). Lengths and bearings of the centerline and each sideline are required together with the established widths. Bearings shall be shown for a traverse in a clockwise direction. The use of the reserved space must be noted on the plan such as: sanitary, gas, water, etc. Applicant shall submit documentation of easement holder for proposed uses of the right-of-way (R.O.W.) Where a R.O.W. or easement crosses street or property lines, the location of the centerline and sidelines must be shown together with tied distances from property comers or street monuments. In all areas where roads or street or any other type structure is in cut or fill, show slope easement rights to provide for a minimum 2:1 slope outside of standard right- of-way widths C.4 DRIVEWAY AND PARKING. All new driveways and parking areas shall be constructed of bituminous concrete pavement. Driveways shall conform to Town of Colchester Zoning Regulations and Standard Construction Details in Section 7.1a of the Subdivision Regulations. Each parking space shall be shown. Two-way traffic driveways shall be at least 24 feet in width from the face of the curb while one-way traffic driveway shall be at least 15 feet in width. Maximum grade for a parking area is 5%. Cross pitch on any driveway shall not exceed three-eighths inch (3/8") per foot. No parking will be allowed within a street right-of-- way. Horizontal and vertical control for driveways shall conform to Residential Street requirements. Where driveways intersect with street or other driveways the radius of the gutter shall be a TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 95

97 minimum of 25 feet. With the intent of promoting on-site ground water recharge where applicable, alternative surface treatments for driveways and parking areas may be approved by the Zoning and Planning Commission if it is documented to be technically adequate, represents sound engineering principals, and is satisfactory to the Commission and the Town Engineer. (ADOPTED: August 15, 2001 EFFECTIVE DATE: September 5, 2001) C.5 ELEVATIONS,GRADES,EXISTING AND PROPOSED. All elevations are to be National Geodetic Vertical Datum unless otherwise approved by the Town Engineer C C.7 CONTOUR LINES. Contour Lines are required on all plans or maps. Both the existing ground and the proposed finish grading must be shown and clearly labeled as to each type. Contour lines shall be shown at an interval of two (2) feet, except where area is almost level (less than 1%). Contour lines must extend at least 50 feet into adjacent properties to depict actual conditions. A Topography certification signed by a licensed land surveyor shall be provided on each Topography map. Minimum continuous slope across grass shall be 1%; minimum slope across pavement shall be 0.6%; and maximum slope across parking lot shall be 5%. Show existing and proposed ground elevations for finishing grading at all corners of buildings and structures except for individual residences. At least one (1) Bench Mark elevation must be provided on the Topography map. WALLS AND SLOPES. Maximum earth slopes shall not exceed 2:1 (two (2) feet horizontal to one (1) foot vertical). Where steeper slopes are needed, retaining walls or other slope stabilization methods as approved by the Town Engineer are required. If the difference in grade at the property line exceeds three (3) feet, then a retaining wall with fence at the top is required. Retaining walls shall be designed to provide footings below the frost line in the ground. Where the total height of the retaining wall exceeds six (6) feet, design calculations by a registered professional engineer must be provided for approval of such walls C.8 SIDEWALKS AND CURBS. All sidewalks and curbs in public streets shall be constructed to the standards of the Town of Colchester Subdivision Regulation Sections 7.6 (Curbs) and 7.7 (Sidewalks). A six (6) inch continuous bituminous curbing is required on the perimeter of all private parking lots. Curbing is not required for parking space adjacent to driveway for individual residences. Portland cement concrete or slope face granite curb is required on radii, or on the face of island in commercial and industrial parking areas or driveways C.9 STREET LINES AND GRADES. The minimum right-of-way width for any proposed street is as indicated within Subdivision Regulation Sec Other rights-of-way may be greater in width when required by the Commission. For existing streets, the adopted street line grade shall be used. For new streets, the street line grade shall be designed in such a manner as to avoid the formation of deep cuts or high fills. A plan and profile shall be submitted to the Commission to a scale of 1" = 40' horizontal. and 1" = 4' vertical, for approval of new streets and main private driveways. Adequate horizontal and vertical site distance shall be provided. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 96

98 C C.11 WATER. The water supply system of any building used for human occupancy shall be noted on the plans. SEWER. The sanitary system of any building used for human occupancy shall be connected to the public utility system, if available. A public sanitary sewer system shall be considered available to a building when the property line is located within 200 feet of an existing public sewer or when a new sewer line within 200 feet of the property line will be operational prior to the issuance of a Certificate of Occupancy. The Commission may waive this requirement C.12 STORM DRAINAGE. Show all roof drains - type, size, location and point of connection to storm sewer or other discharge point. Specify invert elevation at point of connection discharge, This requirement applies to all building structures except singlefamily housing. Roof leaders shall be piped (underground) into the on-site drainage system. Where the proposed storm system is to be connected to an existing State of Connecticut drainage system, computations shall meet State design standards and all necessary permits shall be obtained from the State of Connecticut. Drainage agreement must be signed where private connection is made into Town of Colchester C C C C C.17 UTILITIES. All existing utilities in the street and in right-of-way shall be clearly shown. This includes both the horizontal plan and the vertical profile. Included within this group are electrical and telephone underground wires or ducts. All proposed utilities shall be located underground but the Commission may permit some modifications of this requirement due to adverse field conditions. All exterior mechanical equipment shall be shown whether on the roof or ground mounted. (Section Deleted) CULTURAL FEATURES. Show location and type of trees three (3) inches in diameter and larger, either existing or proposed, and all evergreens including shrubs. For area of solid woods, show outline of forest land parts on the property and street frontage. Include location of all existing fences and structures, existing or proposed, in the site plan. Show in detail any low areas that will not self-drain (swales) and locations of all swamp areas. SNOW REMOVAL. Provisions shall be made for the storage of snow from parking areas within the site, in a location which is both appropriate and not required for other purposes. The area shall be shown on the plan as "Snow Storage Area". BUILDING OR STRUCTURE ELEVATIONS. On all site plans, the finished first floor and top of foundation elevations together with basement floor elevation, must be shown C.18 FENCING. Substantial fencing (chain link not less than four (4) feet high) shall be required in all areas close to pedestrian or vehicular traffic where hazardous conditions exist. This includes the top of high retaining walls, headwalls, top of steep embankments, or near vertical embankment into watercourses. The determination of any fencing requirement will be made by the Commission based upon the particular situation or location. Fencing in non-residential uses shall not exceed four (4) feet in height in the front yard, nor eight (8) feet in height in the side and TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 97

99 rear yards. Fencing in residential uses shall not exceed four (4) feet in height in the front yard nor six (6) feet in height in the side and rear yards or elsewhere on the site. Fencing in all areas shall be constructed with the finished side facing the exterior of the lot on all sides C.19 BUILDING LOCATIONS. Buildings shall be located by showing the required front setback distance from the front property line and the closest distance from the building to each side of the lot or area. Locating one (1) building from another is not acceptable when two (2) or more buildings are included. Overall dimensions of each building must be shown including any irregular areas or jogs C C C.22 EROSION AND SEDIMENTATION CONTROL. The "Guidelines for Soil Erosion and Sediment Control", Connecticut DEP, January, 1985, or revised, will be used as the minimum standard for the design of erosion and sediment control measures. CERTIFICATION FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SITE PLANS. The seals of a professional engineer, land surveyor and landscape architect, licensed to practice in the State of Connecticut, must be stamped or embossed on each sheet where each shall have responsibility in the development of the site plan as outlined in the Rules and Regulations of the associated Board of Registration. MAP TITLE. There shall be a Title Block which shall contain the following information: C.22(a) Location of property; C.22(b) Owner(s) of property, developer(s); C.22(c) Date prepared; C.22(d) Scale; C.22(e) Name(s) and phone numbers of person(s) making map C.23 WETLANDS INFORMATION. AQUIFER PROTECTION ZONES, watercourses. water bodies, inland wetlands, State regulated tidal wetlands and the boundaries of U.S. Soil Conservation Service soil types C.24 DRAINAGE REQUIREMENTS. Storm drainage, sewage disposal and water supply facilities, and the soil tests locations, results and engineering computations therefore, refer to Section 12 of these Regulations C C.26 FLOOD PLAIN INFORMATION. Information regarding Flood Plain District shall include the flood plain boundary and the base flood and floor elevation data as specified in Section 20 of these Regulations. ZONING INFORMATION. A schedule specifying the area of the lot, the amount of floor area, building ground coverage and total coverage by building and paving in square feet and as a percent of the lot, and the basis for computation of required off-street parking and loading spaces C.27 LOCATION MAP. A location map showing the lot in relation to streets and properties in the neighborhood, to a north arrow, the Assessor's Map and Lot Number, the Zoning Map District in TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 98

100 which the lot is located and the zoning classification of any abutting lots, any zoning boundary within or near the lot, and the words "Approved by the Colchester Zoning and Planning Commission with a place for the signature of the Chairman and date of signing. When more than one (1) sheet is used to show the layout features of a site plan, a master or composite sheet shall be provided at an appropriate scale showing the principal features of the site plan, such as but not limited to lot lines, buildings, parking and loading, driveways, systems for drainage, sewage disposal and water supply, wetlands and watercourses, soil types and the Flood Plain District D E F G H I FIELD CONDITIONS. Actual field conditions may be different or changed from those conditions assumed in the preparation of this plan, and in such circumstances, the Town Engineer may direct that certain modifications or amendments be effected and constructed to ameliorate such changed conditions. ADDITIONAL REQUIREMENTS. Additional requirements may be stipulated by the Commission (sidewalks, curbing, retaining walls, pavement construction, etc.) if it finds unusual or special conditions warrant such requirements. COMPLETE APPLICATION. No application for site plan approval shall be deemed to be complete and ready for Commission action until the plan submitted meets these standards and is deemed complete by the Zoning Enforcement Officer. COMPLETION OF WORK. All work in connection with such site plan shall be started within one (1) year and must be completed within five (5) years after the approval of the site plan. The Certificate of Approval of such site plan shall state the date on which such five (5) year period shall result in automatic expiration of the approval of such site plan. " Work " for purposes of this Subsection means all physical improvements required by the approved site plan. ARCHITECTURAL PLANS. Architectural plans, which shall include all proposed buildings, structures and signs and all existing buildings, structures, and signs proposed to be reconstructed, enlarged, extended, moved or structurally altered. Architectural plans may be in preliminary form but shall include exterior elevation drawings, exterior materials, generalized floor plans and perspective drawings, prepared, except for drawings for signs, as may be required by law by an architect or professional engineer licensed to practice in the State of Connecticut. Three (3) copies of architectural plans shall be submitted. REPORTS. Written reports concerning the following: I.1 Shopping Centers. For shopping centers or other multiple tenancy commercial or industrial complexes, a statement indicating the provisions to be made or actions to be taken by the owner or lessor to prevent supplies, merchandise, equipment or refuse from being stored, located or placed on sidewalks, pedestrian ways, buffer strips, landscaped areas, driveways or paved areas reserved for offstreet parking and loading, except for approved sidewalk sales (See Par M) I.2 Larger Parking Requirements. For site plans involving 50 or more parking spaces or uses projected to generate either more than 200 vehicle trips per day or more than 100 vehicle trips per day per 1,000 square feet of floor area, a traffic impact analysis, prepared by a recognized traffic engineer, indicating the expected average daily vehicular trips, peak hour volumes, access conditions at the lot, TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 99

101 DRAINAGE DESIGN & CALCULATIONS. distribution of traffic, types of vehicles expected and effect upon the level of service of the street giving access to the lot A B GENERAL. All drainage must be designed and certified by a professional engineer registered in the State of Connecticut. Stormwater flows may be computed by use of the Rational Method or by use of the methods described in the most current edition of the United States Soil Conservation Service Technical Release No.55. Other methods of computing stormwater flows may be utilized provided they conform to sound engineering practice. When the Rational Method is used, rainfall intensity-duration-frequency curves for the Hartford Area and run-off coefficients contained in the Connecticut Guidelines for Soil Erosion and Sediment Control shall be used. In general, the use of the Rational Method shall not be used in computing flows from watershed drainage areas in excess of 200 acres. STORM DESIGN CRITERIA. All storm drainage facilities shall be designed based on the following storm return frequency criteria: B.1 On-site storm drainage system and minor channels (ten (10) years) B.2 Discharge pipes at low points including minor-cross culverts (25 years) B.3 Minor Streams (Upstream drainage area less than 1,000 acres) (50 years) B.4 Major Streams (Upstream drainage area greater than 1,000 acres) (100 years) C SUBMISSION OF DRAINAGE INFORMATION. The following data shall be submitted for review by the Town Engineer: C C.2 Topographic contour map(s) with sufficient detail to adequately show the existing and proposed drainage characteristics of the watershed. Drainage area(s) shall be delineated on the map(s). Narrative and calculations addressing at least the following: C.2(a) C.2(b) C.2(c) C.2(d) Method used to calculate stormwater run-off. Stormwater runoff characteristics of the property before and after development. Maximum velocity and peak flow at point(s) of discharge from the system(s) for all drainage piping, structures. Design calculations for all drainage piping, structures and appurtenances. The design engineer shall submit a system summary sheet, similar to that shown in the Connecticut DOT "Drainage Manual". A plan identifying the tributary watershed associated with each structure shall also be submitted. A gutter flow analysis sheet, also shown in the Connecticut DOT "Drainage Manual", shall be required by the Town Engineer for roadway designs C.2(e) Calculations addressing the adequacy of off-site drainage features, as applicable. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 100

102 C.2(f) Investigation of the effect a large magnitude storm, will have on a drainage system designed for a smaller return storm (i.e., what happens to a system sized for a ten (10) year storm during a 100 year storm event) D E F G H I J K HYDRAULIC DESIGN. Except where substantiated by special design studies, storm drainpipes and culverts shall be designed to flow full for the "design storm(s)". Total allowable headwater depths on pipes and culverts should normally be restricted to less than 1.2 times the clear height of the pipe or culvert provided flooding or damage does not occur to the roadway, adjacent buildings, sewage disposal systems, water supply systems or other significant features. DRAINAGE AT INTERSECTIONS. Necessary drainage structures shall be installed to properly drain all intersections of new streets and of new streets with existing roads. Intersection grading plans shall be submitted to demonstrate adequate grading at intersections. Intersection grading plans shall be at a scale of 1"=10' with grading contour intervals of 0.2 feet (maximum). Improvements to surface drainage at existing intersections shall be as required to adequately drain the intersection(s). DIVERSION. The diversion of stormwater run-off from one (1) watershed or watercourse to another shall be avoided whenever possible. Where it is absolutely necessary to create such a diversion, special provisions shall be made to minimize the potential damages which may occur as a result of such diversion and perpetual rights for such diversion, running with the land and in favor of the owner of the road, shall be secured by the developer when required by the Town Engineer. PIPE. All piping for storm drains shall be reinforced concrete pipe (RCP), Class 4, conforming to DOT Form 815 or latest edition, or an equivalent type of pipe as approved by the Town Engineer by the Town Engineer. The minimum pipe size shall be 15 inches. In the event that ground water or wet conditions are encountered during construction, slotted pipe may be required by the Town Engineer. (effective 8/10/09) MINIMUM PIPE SLOPE. All stormwater piping shall be designed to provide a self-cleansing velocity of at least two and one half (2.5) feet per second when flowing full. Generally stormwater piping shall have a minimum pitch of 0.5%. Lesser pitch may be approved by the Town Engineer provided the selfcleansing velocity is maintained. PIPE COVER. The minimum clear cover over all pipes shall be three (3) feet. OUTLET STRUCTURES. All storm drain systems shall be terminated with a flared end section or other approved structure. Special energy dissipaters may be required to prevent erosion. PLACEMENT OF DRAINAGE STRUCTURES. For roadways within proposed developments, the first set of catch basins shall be generally located within 350 feet of the roadway high point. Spacing between sets of catch basins shall be located as necessary to collect runoff and at a maximum of 300 feet. When outfall pipes exceed 400 feet, drainage manholes shall be placed to give a maximum length of pipe between structures of 400 feet. Drainage structures shall be placed at each grade change along a storm drain and at each junction point of two (2) or more storm drains. Inlet structures shall also be located and connected to the drainage system to pick up low spots in areas of the right-ofway or in adjacent lots. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 101

103 L UNDERDRAINS. The installation of underdrains will be required along the edge(s) of pavement of a proposed street wherever the high ground water level is known to be less than three (3) feet below the proposed finished grade of the street. The Town Engineer may require underdrains to be installed where localized seeps, springs, or high ground water less than three (3) feet below the proposed grade of the street are observed within the proposed Town rightof-way lines. The Town Engineer may require test holes to be dug within the proposed Town right-of-way lines of sufficient number to determine the existing ground water elevation. Underdrains shall be not less than six (6) inches in diameter and shall be perforated PVC. Outlets for underdrains shall be connected directly to drainage structures or shall be terminated with an approved outlet. Underdrains shall be placed in a two (2) foot wide (minimum) trench, filled with three quarter (3/4) inch stone. The underdrain pipe shall be wrapped with a filter fabric pipe sock along its entire length. The pipe sock shall be 'ADS' polyester sock drain envelope or equivalent M N O CHANNELS. The use of channels to carry stormwater to natural watercourses will not be allowed except in special case, and then only with the approval of the Town Engineer. SPECIAL STRUCTURES. Bridges, box culverts, deep manholes, non-standard endwalls, and other special structures shall be designed in accordance with good engineering practice and shall be subject to the approval of the Town Engineer. DRAINAGE TO OFF-SITE PROPERTIES O.1 No increase in stormwater peak flows or volume of runoff from two (2), ten (10), 25, 50 and 100 design storms shall be allowed unless downstream increases are compatible with the overall downstream drainage system. The following items shall be investigated in determining whether increased peak flows or runoff volumes are compatible with the overall downstream drainage system: O.1(a) The timing of peak flows from sub-watersheds O.1(b) The increased duration of high flow rates O.1(c) The adequacy of downstream drainage features O.1(d) The distance downstream that the peak discharges are increased O.2 When it is determined that stormwater detention structures are required, they shall be designed so that the peak flow(s) or volume of runoff after development shall not exceed nor be substantially less than the peak flow(s) or volume of run-off prior to development for each of the design storm events specified in B P DETENTION BASINS. Detention basins, surface or subsurface, shall be constructed for the purpose of limiting peak discharge from the storm drainage system of the developed area where such discharge would adversely effect receiving streams and/or storm systems. The developer shall be responsible for establishing short and long-term maintenance of detention structure(s) and appurtenances. The following information, as a minimum, shall be submitted for detention structures: P P P.3 Inflow and outflow hydrography for detention area. Maximum storage volume. Design of emergency spillway or other measures for the release of excess flows beyond that of the design capacity of the structure. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 102

104 P P P P P P P P.11 Flood routing of all run-offs greater than the design capacity of the detention structure. Time which is required for the structure to drain completely. Outlet structure detail. Materials used in construction of the structure. Methods used in construction of the structure. Methods employed to avoid clogging of the discharge outlet. Safety features. Proposed landscaping and vegetative measures used to stabilize slopes and bottom surfaces Q R S T U STORM RETURN FREQUENCY. Detention basins shall be designed and stormwater regulated for storm return frequencies of two (2), ten (10), 25, 50 and 100 years. DESIGN PROCEDURE. The procedure for computing the outflow from the detention areas shall consist of the development of an inflow hydrography and the routing of the inflow through the detention basin to develop an outflow hydrography. INFLOW HYDROGRAPHY. The inflow hydrography may be developed by appropriate Soil Conservation Service or other acceptable methods. Routing through the detention basin shall be by application of the standard storage equation. DETENTION STRUCTURE DESIGN. Types and requirements for the detention structure design shall be as appropriate for the site and be in general accordance with the SCS Field Engineering Handbook, Connecticut DOT Drainage Manual, or the CT Guidelines for Erosion and Sedimentation Control. All designs shall be approved by the Town Engineer. MAINTENANCE ROADS. Maintenance roads and easements shall be provided for all detention facilities. The road shall be a minimum of 12 feet wide capable of providing access for maintenance and emergency vehicles. Grades shall not exceed 10% V FIRE PROTECTION. Where the proposed detention basins involve permanently ponded water and where deemed practical by the Town Engineer, access to storm detention basins should be provided for fire fighting equipment. The addition of dry hydrants and related fire fighting appurtenances within the detention basins shall be coordinated with the Colchester Fire Marshal W FENCING. Safety fencing shall be provided as prescribed by the Town Engineer EASEMENTS AND RIGHTS-TO-DRAIN A GENERAL. All applications proposing easements as a part of the development shall submit properly executed written easements and deeds describing the land involved and privileges of the Town and/or property owner(s) in a form eliminating any Town liability for installation and maintenance, and satisfactory to the Town. Said easements shall be submitted to the Town prior to final approval B EASEMENTS DEDICATED TO THE TOWN. Drainage easements for drainage systems located outside of the street right-of-way lines shall be a TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 103

105 minimum of 20 feet wide centered on the pipe and shall be adequate to provide access and maintenance to all drainage features. Easements for outlet pipes shall extend to an adequate existing storm drainage system or natural watercourse. Easements shall be provided for channels and shall be of minimum width to include a ten (10) foot access strip in addition to the width of the channel from top of bank to top of bank C D E F EASEMENTS NOT DEDICATED TO THE TOWN. The location and size of these easements shall be established in the same manner as easements to be dedicated to the Town. The developer shall be responsible for establishing short and long-term maintenance for the drainage system within said easements. The Town shall be granted the right to enter such easements to maintain, repair and/or modify the installations. RIGHTS-TO-DRAIN. Where the downstream drainage features are not adequate to handle the increase in flows, the applicant shall secure drainage rights from the affected property owners, in writing. Such rights shall be noted on the final plans and shall be secured prior to final approval. Rights-to-Drain shall include the right for the Town to enter and maintain existing and proposed facilities if the drainage system is to be owned by the Town and shall be in a form satisfactory to the Town. STATE HIGHWAY DEPARTMENT (DOT) PERMIT. Where a proposed storm drainage system connects with a State Highway or its appurtenances, the developer shall obtain a permit for the connection from the Connecticut Department of Transportation and shall present a copy of said permit to the Town prior to final approval. OTHER PERMITS. Where access to the lot is provided from a State Highway, evidence that application has been made for a State Highway Encroachment Permit must be submitted to the Town CONDITIONS. Site plan approvals may be granted subject to appropriate conditions and safeguards deemed necessary by the Commission to protect the health, safety and general welfare of the community, to protect property values in the neighborhood or zoning district and to preserve the purpose and intent of these Regulations APPEAL OF A ZONING COMMISSION DECISION REGARDING SITE PLANS. Any appeal of a site plan shall be to the Superior Court pursuant to Section 8-9, Connecticut General Statutes IMPROVEMENT LOCATION PLANS. Improvement Location Plans, signed, sealed and certified to be accurate by a registered land surveyor, shall be presented to the Zoning Enforcement Officer who shall check consistency of the Improvement Location Plans with the approved site plan. No Certificate of Occupancy shall be issued until such certificate of Zoning Compliance by the Zoning Enforcement Officer is made. Any alterations from the original approved plan without authorization are the responsibility of the developer or homeowner and may be refused by the Zoning Enforcement Officer or the Zoning and Planning Commission. Where engineered design is required, plans shall also be signed and sealed by a professional engineer. After footing is installed, the Zoning Enforcement Officer shall inspect the site and may, where distance from any boundary line is in question, require that the location of the footings be certified by a licensed land surveyor to be in accordance with the approved site plan and these Regulations FILING OF APPROVED CLASS 2 SITE PLAN. Two (2) paper copies and one (1) Mylar copy shall be submitted for endorsement by the Chairman POSTING OF BOND FOR CLASS 2 SITE PLANS Prior to endorsement of a site plan approved by the Commission, and/or the issuance of any permits pursuant to said plan the applicant shall file a bond with the Commission in a form satisfactory to the Town Council and in an amount acceptable to the Town Engineer totaling 25% of the total cost of site improvements. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 104

106 Prior to issuing final Zoning Compliance Permit all site improvements must be completed. However, in the event that weather conditions are such that it would prohibit the completion of such improvements, a bond for 150% of the cost of the remaining improvements or $5,000.00, whichever is greater, may be posted and a Certificate of Substantial Completion may be issued. Such bond must be in a form acceptable to Town Counsel and in an amount approved by the Town Engineer. No Certificate of Substantial Completion will be issued unless a minimum of the binder layer of the pavement for any proposed parking area or driveway and all sidewalks are installed as required on the approved plan The forgoing bonding requirements do not apply to municipal projects. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 105

107 SECTION 13 - SUPPLEMENTARY REGULATIONS 13.1 WETLANDS AND WATERCOURSES. Any proposed use of land for which a permit has been denied by the Colchester Conservation Commission or the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act Amendments of 1972 shall be denied a Zoning Permit No building or subsurface waste disposal system shall be located within 100 feet of the mean water level of any watercourses or within 75 feet of any wetland as defined by the Inland Wetland Regulations for the Town of Colchester, unless approved by the Conservation Commission. By no means shall a subsurface waste disposal system be located closer than 50 feet to the wetland or watercourse PRIMARY DWELLING UNIT PER LOT In R-80, R-60 and R-40 residential districts, no lot shall be occupied by more than one (1) single-family dwelling unit unless otherwise provided in these Regulations In R-30 and R-30A residential districts, a lot may contain multiple dwelling units when and if authorized by these Regulations A lot in the R-30A residential district may contain multiple buildings not of a multi-family residential nature when and if the use(s) are authorized under Section 4D of these Regulations VISIBILITY AT INTERSECTIONS. On a corner lot in any district no fence, wall, hedge or other visual obstruction more than three (3) feet high shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at the point 50 feet distant from the point of intersection measured along said street line PUBLIC UTILITY BUILDINGS. Public utility buildings and uses may be located on lots that do not meet the area and width requirements of these Regulations, provided the yard requirements are met and there is no visible storage of supplies and equipment, including vehicle parking other than parking of vehicles owned by employees, as viewed from any adjacent residential district EXCEPTIONS TO HEIGHT LIMITS. Maximum building heights prescribed in these Regulations may be exceeded for such features as steeples, antennas, water towers, chimneys, silos and barns, provided permission is obtained from the Commission CONVERSION OF RESIDENCES. A building used for residential purposes and located in an R- 30, R-30A or C District may, with permission of the Commission, be converted so as to include a greater number of dwelling units provided the following conditions are met: The building is a least 20 years old and structurally capable of being altered to accommodate additional persons in a safe and healthy manner The lot is capable of meeting the dimensional requirements of the district in which it is located Off-street parking in the form of either a garage or suitably surfaced and drained parking area behind the building line shall be provided at the ratio of two (2) spaces per dwelling unit Each dwelling unit shall contain a minimum of 500 square feet plus 150 additional square feet per bedroom and shall include complete kitchen facilities and a private bath SETBACK LINE IN DEVELOPED AREAS. In a residential district where the average setback of at least two (2) developed lots with 150 feet of the lot in question and within the same block is less or greater than the minimum setback prescribed elsewhere in these Regulations, the required setback on such lots shall be modified so that the setback shall not be less than the average setback on the two (2) lots immediately adjoining, or, in the case of a corner lot, the setback on the lot immediately adjoining; provided, however, that the setback on any lot shall be at least 15 feet and need not exceed 100 feet. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 106

108 13.8 FRONT YARDS ON CORNER LOTS. On a corner lot, front yard requirements shall be met for both street frontages LANDSCAPING AND BUFFER STRIPS BUFFER STRIPS REQUIRED OUTSIDE THE SEWER AND WATER DISTRICT. When a Commercial/Industrial District abuts a Residential District, a 75 foot wide landscaped buffer strip is required. This buffer may be reduced by the Commission to a minimum of 50 feet wide if permanent physical features exist that adequately screen the Commercial and/or Industrial District from the Residential District. Within this 50-foot wide strip a 15- foot wide strip of land shall be landscaped with evergreens at least four (4) feet high of a density of at least four (4) plants within each 60 square feet of the 15-foot wide strip. Such buffer may be located within the minimum setback, side yard and rear yard lines The Commission shall require a landscaped strip along any property line unless a natural buffer pre-exists. If the proposed use is commercial, industrial or multi-family, and such use is within the sight line of an existing residential use, the Commission shall require that such buffer must be suitably planted with trees and/or shrubs to provide effective screening and to minimize any adverse effects that the proposed use may have on existing use. A buffered screen must be at least five (5) feet wide, have plantings staggered across the screens width, and have a density of at least three (3) plants within 50 square feet of the strip BUFFERS BETWEEN EXISTING AND PROPOSED USES. The Commission may require a landscaped strip along any property line. Such buffer must be suitably planted with trees and/or shrubs to provide effective screening and to minimize any adverse effects that the proposed use may have on existing use BUFFERS IN COMMERCIAL AND INDUSTRIAL USES. In Commercial and Industrial Districts and for any multi-family dwelling and Planned Residential Developments a landscaped strip of land at least five (5) feet in width shall be provided along the front yard boundary line of the lot. Such strip may be located within the State of Connecticut, Department of Transportation road right-of-way, if acceptable to the Department of Transportation. Such landscaping shall not obstruct visibility from the site BUFFERS FOR PARKING LOTS. A parking lot containing ten (10) or more parking spaces developed for any Commercial, Industrial, multi-family dwelling or Planned Residential Developments, shall contain a minimum of 18 square feet of landscaped area per parking space. Such landscaped area may be located along the perimeter of the parking area. The area computed for the required landscaping may include the five (5) foot wide landscaped strip required in Section of these Regulations if the strip is located contiguous to the parking lot USE OF MOBILE HOME DURING CONSTRUCTION OF DWELLING. The use of a mobile home as a temporary residence during the construction of a permanent dwelling is permitted as a Special Exception in any district provided the conditions of Section 11.7 of these Regulations are complied with MINIMUM FLOOR AREA. The following minimum floor areas are required for residential dwellings Single-family dwelling A One (1) story, including raised ranch - 1,000 square feet B One and one-half (1½) story square feet (900 on ground floor and 300 on second floor) C Two (2) story - 1,400 square feet (800 on first floor and 600 on second floor) Multi-family dwellings and two (2) family dwellings shall contain a minimum of 500 square feet plus 150 square feet for each bedroom. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 107

109 13.12 LOCATION OF GASOLINE STATIONS AND MOTOR VEHICLE DEALERS: The Zoning Commission may grant certificates of approval for the location of gasoline stations and other motor vehicle uses as specified in the Connecticut General Statutes, Sections and , after public hearing and notices as provided therein. No Certificate of Approval shall be issued unless the Commission finds that the location is suitable with due consideration being given to the proximity of schools, churches, theaters and playhouses or other places of public gatherings, intersecting streets, traffic conditions, width of highway and effect on public travel and that such use of the proposed location will not imperil the safety of the public AUTOMOTIVE SERVICE STATIONS. Such uses shall meet the following requirements: A B C Except in Industrial Districts, no lot or building shall be approved for such use that is within 1,500 feet of another lot used for the same purpose. No part of a lot used for an automotive service station shall be located within 500 feet of a lot used for a church, school, playground or public park. Only such repairs and mechanical work may be performed at an automotive service station as is permitted by a Limited Repairer's License issued by the State of Connecticut pursuant to Chapter 246 of the Connecticut General Statutes, and all such work shall be performed within the station building WRECKED AUTOS. No wrecked or junked vehicles nor more than one (1) unlicensed vehicle shall be stored or parked on any lot except where automotive repairs are permitted, other than in an Automotive Service Station, as prescribed in Section 13.12, above, or at an authorized refuse disposal, salvage or recycling operation. This paragraph shall not apply to vehicles used for agricultural purposes ALCOHOLIC BEVERAGES: Buildings used for the sale or dispensing of alcoholic beverages shall be located: No closer than 500 feet to the property lines of a property used as a place of worship, an educational institution or a library; except that, Such buildings may be located within the 500 foot area established by Section herein so long as they are located at least 750 feet from any portion of the developed area, and at least 300 feet from the property lines, of a property used as a place of worship, an educational institution or a library For the purposes of Section herein, developed area shall not include landscaping, fences, building service utilities and septic systems The sale of beer in a grocery store is exempt from the provisions of Sections and , herein The Commission may waive distance requirements as established in Section and for the following specific circumstances with 6 affirmative votes from the commission: A For restaurants. (Amended 5/6/09) B For places of worship dispensing alcohol REFUSE DISPOSAL. Except as permitted in an authorized refuse disposal, salvage or recycling operation, no property shall be used for the outside storage, keeping or abandonment of worked out, cast off, or discarded articles or materials ready for destruction or collected or stored for salvage or conversion to some other use CAMPER UNITS. No more than one (1) camper unit shall be parked or stored on a lot in a residential district, except in an authorized recreation campground. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 108

110 13.17 YARD SALES. Yard sales, garage sales, tag sales and the like are permitted in any district provided there are no more than three (3) in any calendar year on a lot and provided each sale lasts no longer than three (3) consecutive days LOT FRONTAGE. In new subdivisions frontage requirements of lots on street curves may be measured at the minimum required building setback line, provided each lot is capable of meeting the other dimensional requirements of that zone SWIMMING POOLS. Swimming pools and associated decks or other appurtenances are permitted as accessory uses on residential lots provided they are located no closer than 15 feet from any property line VIDEO GAMES. The following provisions apply to the installation and operation of video games: No more than two (2) video games are permitted as a secondary use in the principal building whose primary use is commercial or recreational A single video game machine shall have a maximum capacity of two (2) operators FLAG LOTS A flag lot is permitted in any district provided: The lot was recorded on the land records or was approved by the Commission prior to December 12, 2003, or The lot is approved by the Zoning and Planning Commission as part of a residential subdivision after December 12, 2003, in accordance with the Town of Colchester Subdivision Regulations The lot is approved by the Zoning and Planning Commission as part of a non-residential subdivision in a district that allows flag lots after (effective date) in accordance with the Town of Colchester Subdivision Regulations A residential flag lot shall comply with the following requirements: Dimensional requirements within the district shall be complied with except that: The minimum frontage on a street shall be 25 feet; Setbacks for all yards shall be a minimum of 50 feet, and, The lot shall be at least twice the minimum lot size required for the zone in which it is located unless modified by the Commission in accordance with the provisions of Section 4K or Section 4L The principal building shall be located within the minimum square (see Section 6.2 of the Subdivision Regulations) The separating distance between the frontage of flag lots on the same side of the street shall be a minimum of 300 feet. This distance shall be measured along the road frontage between the closest lot lines of each flag lot The lot shall be accessible from an approved street over a private drive which shall be located on the lot and not require an easement across other property A non-residential flag lot shall comply with the following requirements: Dimensional requirements within the district shall be complied with except that: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 109

111 The access-way shall, as determined by the Commission, be adequate for the potential use, and The minimum access-way width and frontage on a street shall be twenty-five (25)feet The lot shall be accessible from an approved street over a private drive which shall be located on the lot and not require an easement across another property HOME BUSINESS USE. The use of a residence for personal business purposes is permitted as of right provided that: No business is conducted on premises except by mail or telephone No persons other than members of the family are employed on the premises No external evidence of the business is visible No business signs are erected No pedestrian or vehicular traffic other than that normally generated by a residence is generated HOME OCCUPATION. An accessory use of a dwelling unit or accessory structure requires a permit from the Zoning Enforcement Officer and must meet the following criteria: It is clearly secondary to the use of the dwelling for dwelling purposes, and is conducted entirely within an enclosed structure or area It does not change the residential character of the dwelling in any visible manner It does not create objectionable noise, odor, vibrations, or interference with communication reception or transmission in the vicinity Not more than one (1) person not residing on the premises is employed on the premises The total floor area occupied by the home occupation in all structures does not exceed 25% of the primary dwelling floor area above the basement The home occupation shall not create greater vehicle or pedestrian traffic than normal for the neighborhood in which it is located All client, patron and employee vehicle parking shall be accommodated off-street Retail sales shall be confined to items made on the premises HOURS OF OPERATION. The hours of operation of any non-residential use may be limited by the Commission during the approval process to minimize adverse impact on residential areas BED and BREAKFAST/INN The use of a building for a Bed and Breakfast or an Inn shall not change the residential character of the building or neighborhood Parking shall be provided at the rate of one (1) space per guest room plus one (1) space for each employee. A Bed and Breakfast shall have two (2) additional spaces for the owner dwelling unit. An Inn, which has an associated restaurant, shall have one (1) space per 50 square feet of patron floor space in addition to the guest room/employee requirement All parking shall be off-street and to the side or rear of the building. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 110

112 The Town Sanitarian shall be satisfied that the existing or proposed sanitation facilities are adequate to the proposed use, and shall report his findings to the Commission in writing. The Sanitarian's disapproval shall constitute sufficient reason for denial by the Zoning and Planning Commission KENNELS AND COMMERCIAL KENNELS shall meet the following standards: No Kennel or associated structure shall be located within 100 feet of any property line adjacent to a residential use or lot; No animals shall be maintained exclusively in outdoor pens or runs; Runs for Commercial Kennels shall be paved with six (6) inches of concrete and shall be equipped with wash-down facilities connected to an approved septic system and with gutter guards to avoid overflow; and; Applicable requirements of the State Health Code shall be met FENCING. Substantial fencing (chain link not less than four (4) feet high) shall be required in all areas close to pedestrian or vehicular traffic or where hazardous conditions exist. This includes the top of high retaining walls, headwalls, top of steep embankments, or near vertical embankment into watercourses. The determination of any requirement will be made by either the Commission as per Section 12.5.C.18 of these Regulations or by the Zoning Enforcement Officer for all other applicable permits. This determination will be based upon the particular site characteristics. Fencing in non-residential uses shall not exceed four (4) feet in height in the front yard, nor eight (8) feet in height in the side and rear yards. Fencing in residential uses shall not exceed four (4) feet in height in the front yard nor six (6) feet in height in the side and rear yards or elsewhere on the site. All fencing as described above shall be constructed with the finished side facing the exterior of the lot on all sides. No fencing shall be placed as to hamper line-of-sight for vehicular flow on public or private roads and driveways. (ADOPTED: August 5, EFFECTIVE DATE: September 5, 2001). TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 111

113 SECTION 14 - NON-CONFORMING LOTS, BUILDINGS AND USES 14.1 PURPOSE. Within the districts established by these Regulations there are lots, buildings and uses which do not conform to the use and dimensional requirements of these Regulations and which are declared to be incompatible with the permitted uses in said districts. All pre-existing uses which do not conform to these Regulations upon the effective adoption date shall be considered existing non-conforming uses. No existing non-conforming use shall be enlarged, expanded or changed unless in compliance with these Regulations. While such non-conformities are permitted to continue, it is the purpose of this section that such continuance not be encouraged NON-CONFORMING LOTS. A non-conforming lot is a lot containing less than the frontage, width, and/or area required in the district in which it is located Except as otherwise provided herein, subsequent to the effective date of these Regulations, no Zoning Permit will be issued for initial construction on any nonconforming lot Lots shown on a subdivision plan approved by the Commission and on file with the Town Clerk prior to the effective date of these Regulations shall be required to conform five (5) years from said date Lots shown on a subdivision plan approved by the Commission and on file with the Town Clerk prior to the effective date of any amendment to these Regulations shall be required to conform five (5) years from said date A conforming building containing a conforming use but located on a non-conforming lot may be altered or expanded provided that the alteration or expansion will not cause the building or use to become non-conforming The provisions of these Regulations relative to required lot area, required lot width and required frontage shall not prevent the construction of an otherwise conforming building or the establishment of an otherwise conforming use on a lot which at the time of the adoption of these Regulations or any amendment thereto, and continuously thereafter, was owned separately from any adjoining lot, as evidenced by a valid deed recorded in the Land Records of the Town of Colchester, and which conformed to applicable frontage, width and area requirements at the time of its creation NON-CONFORMING BUILDINGS. A non-conforming building is a building which violates the setback, yard, lot coverage, height, floor space, or any other dimensional requirements of the district in which it is located After the effective date of these Regulations, no Zoning Permit will be issued for construction of a non-conforming building Nothing in these Regulations shall prohibit the alteration or expansion of a nonconforming building lawfully existing prior to the effective date of these Regulations or any amendments thereto, provided the alteration or expansion does not further violate the dimensional requirements of the district in which the building is located, except that vertical and lateral extensions of existing building lines shall be permitted so long as the applicable setback is not further reduced Nothing in these Regulations shall prohibit the maintenance, strengthening or restoring to a safe condition, any building or part thereof, deemed to be unsafe by the Building Official Any non-conforming building destroyed by fire or act of God may be rebuilt within one (1) year of the date of its destruction to the extent which existed before such fire or act of God. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 112

114 14.4 NON-CONFORMING USES. A non-conforming use is a use of any lot or building lawfully in existence prior to the effective date of these Regulations or any amendments thereto, which violates the use requirements of the district in which the lot or building is located No non-conforming use may be extended, expanded or changed, except to a conforming use No non-conforming use may, if once changed to a conforming use, be changed back into a non-conforming one Any non-conforming use which is abandoned for a period of more than 365 consecutive days shall thereafter be used in conformity with these Regulations Non-Conforming Mobile Home Parks A B New Parks Prohibited. No new mobile home park is permitted in the Town of Colchester. Expansion of Existing Parks. Expansion of existing mobile home parks may be permitted in accordance with the following: B B B B B B B B.8 Expansion of 25% of the total number of existing and occupied lots as of the effective date of these Regulations is permitted. Either public water and/or sewer facilities must be provided. Each site must be serviced by individual water and sewer facilities. Minimum lot size must be 20,000 square feet per each mobile home site. Must comply with all Public Health Codes. The storage, collection and disposal of refuse in the park shall be handled or managed so as not to create health hazards, rodent harborage, insect breeding areas, accident hazards and/or area pollution. No additions to mobile homes shall be permitted unless a minimum of ten (10) feet from adjacent mobile home is provided or a minimum of ten (10) feet from individual lot line is provided. Additional lots or mobile home sites may be added after approval by the Zoning and Planning Commission on a site plan showing these lots, in accordance with Section 12.3 of these Regulations. Said plan shall show the location of all proposed mobile home sites, mobile home parking area, driveways, sewer and water supplies, etc. The proposed roadway system must comply with the road requirements noted in the Subdivision Regulations, with the exception that such roadway may be 24 feet in width and curbing is not required. Any variation from the approved plan for the location of the mobile homes on each site shall be approved by the Zoning Enforcement Officer on a plan submitted in accordance with Section 12.2 of these Regulations. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 113

115 SECTION 15 - PARKING REQUIREMENTS 15.1 PURPOSE. The purpose of this section is to lessen congestion in the streets by requiring that adequate off-street parking and loading be provided for all uses INTENT. It is the intent of this section to assure that off-street parking and loading spaces are properly designed and located to accommodate the safe flow of traffic on public and private property APPLICATION AND SCOPE. For any use hereafter established, off-street parking and loading shall be provided in accordance with the ratios contained in Section 15.6 herein MAINTENANCE REQUIRED. All spaces required to be provided by this Section shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use of land or structure(s) for which such spaces are required CHANGE OF USE. Any change of use or the addition of a use(s) to an existing use shall require that the aggregate required off-street parking be provided, and uses that are non-conforming as to required off-street parking shall also be brought into compliance at such time PARKING RATIOS. The following off-street parking ratios shall apply to all uses and/or combination of uses: LAND USE 1 Church, Synagogue, places of worship PARKING REQUIRED 1 space per 4 permanent seats 2 School K spaces per employee on the maximum shift for grades K-l2, + an additional 1 space per 10 students for grades Nursery/Horticulture 1 spaces per employee on the maximum shift 4 Family Day Care Home 2 spaces per dwelling unit 5 1, 2 & 3+-Family Residential 2 spaces per dwelling unit 6 Bed and Breakfast 2, + 1 space per guest room/suite + 1 space per employee on the maximum shift 7 Hospice/Nursing Home.5 spaces per bed + 1 space per employee on the maximum shift 8 Nursery School/Day Care Center 1.5 space per employee on the maximum shift 9 Nursing Home.5 spaces per bed + 1 space per employee on the maximum shift 10 Housing for Handicapped, Disabled 1.5 spaces per dwelling unit 11 Elderly Housing Independent Living 1.5 spaces per dwelling unit; Congregate Housing - 1 space per dwelling unit, plus one (1) space per employee on maximum shift; 12 Mortuary, Funeral Home 1 space per 100 sq.ft. of public service or viewing area + 1 space per employee on the maximum shift + 1 space per vehicle maintained on the premises TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 114

116 15.6 PARKING RATIOS. (continued) LAND USE PARKING REQUIRED 13 Artist Studio 1 space per person occupancy 14 Museum, Library, Non-Commercial Art Gallery 1 space per 500 sq.ft. of floor area accessible to the general public 15 Schools of Private Instruction.75 spaces per person 16 General Office 1 space per 200 sq.ft. devoted to office use 17 Medical Office/Clinic/Outpatient Care 1 space per employee (including doctors) on the maximum shift spaces per treatment room 18 Medical/Dental Laboratory 1.5 space per employee on the maximum shift 19 Barber Shop/Beauty Shop 3 spaces per chair 20 Hotel/Motel/Inn 1 space per room + 1 space per employee on the maximum shift (lodging only; other uses shall be calculated separately) 21 Gas Station/Automated Gas Station 2 spaces per employee on the maximum shift 22 Health Care/Medical Supplies 1 space per 250 sq.ft. of floor area accessible to the general public 23 Bakery (Wholesale/Retail) 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of floor area accessible to the general public 24 Laundry/Dry Cleaners 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of floor area accessible to the general public 25 Flower & Garden Store/Commercial Greenhouse 26 Shoe Repair/Tailoring/Alterations/ Furniture Upholstery & Repair 1 space per 250 sq.ft. of floor area (including outside display area) accessible to the general public 2 spaces per employee on the maximum shift 27 Commercial Art Gallery 1 space per 250 sq.ft. of floor area accessible to the general public 28 Indoor Restaurant/Bar/Tavern/Café/ Private Club 1 space per 4 permanent seats + 1 space per employee on the maximum shift + 1 space per 50 sq.ft. of open floor area 29 Service Station 2 spaces per employee on the maximum shift + 1 space per service bay 30 Retail Store 1 space per 150 sq.ft. of floor area accessible to the general public 31 Bicycle Shop - Sale/Rental 1 space per 250 sq.ft. of floor area accessible to the general public 32 Camera/Photo Supply Store 1 space per 250 sq.ft. of floor area accessible to the general public 33 Furniture, Home Furnishing Store, Appliance Sales & Service 1 space per 400 sq.ft. of floor area accessible to the general public TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 115

117 15.6 PARKING RATIOS. (continued) LAND USE 34 Radio/TV etc./computer/music Store (Sales, Service, Rental) PARKING REQUIRED 1 space per 250 sq.ft. of floor area accessible to the general public 35 Catalogue Center 1 space per employee on the maximum shift + 1 space per 100 sq.ft. of floor area accessible to the general public 36 Drive-In/Carry-Out Restaurant (Fast Food) 1 space per 2 permanent seats + 1 space per employee on the maximum shift + 1 space per 50 sq.ft. of floor area devoted to customer service 37 Drive-Up Bank Teller 1 space per employee on the maximum shift 38 Self-Service Car Wash 1 space per employee on the maximum shift 39 Animal Hospital/Clinic 1 space per employee (including veterinarians) on the maximum shift + 3 spaces per treatment room 40 Laundromat 1 space per 3 washing machines 41 Photographic Studio 1 space per employee on the maximum shift + 1 space per 200 sq.ft. of floor area accessible to the general public 42 Auditorium/Assembly Hall/ Convention Center 1 space per 4 permanent seats + 1 space per employee on the maximum shift + 1 space per 100 sq.ft. of open floor area 43 Theaters (Indoor) 1 space per 3 permanent seats + 1 space per employee on the maximum shift 44 Bank /S&L / Credit Union 1 space per employee on the maximum shift + 1 space per 200 sq.ft. of floor area accessible to the general public 45 Vending/Game Machine Sales & Service 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of floor area accessible to the general public 46 Recreation Facility (Indoor/Outdoor) ** 47 Lumber Yard / Building Materials Sales / Construction Supply Sales / Service 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of floor area accessible to the general public 48 Printing / Publishing 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of floor area accessible to the general public + 1 space per 400 sq.ft. of general office space 49 Mini Storage / Self Storage Facility 1 space per employee on the maximum shift + 1 space per 20 storage units 50 Package Liquor Sales 1 space per employee on the maximum shift + 1 space per 150 sq.ft. of floor area accessible to the general public 51 Full Service Car Wash 1 space per employee on the maximum shift + 1 space per service bay 52 Auto Service Center (Tires, Batteries & Accessories) 1 space per employee on the maximum shift + 2 spaces per service bay TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 116

118 15.6 PARKING RATIOS. (continued) LAND USE PARKING REQUIRED 53 Auto Sales / Service 1 space per employee on the maximum shift + 1 space per 500 sq.ft. of internal display area + 1 space per 2,000 sq.ft. of outdoor display area + 2 spaces per service bay 54 Auto Repair / Body Shop 1 space per employee on the maximum shift + 4 spaces per service bay 55 Truck Sales / Service / Repair / Farm Implement Sales / Service 56 Motorcycle, Snowmobile, ATV Sales / Service 1 space per employee on the maximum shift + 1 space per 4,000 sq.ft. of outdoor display area + 2 spaces per service bay 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of display area (including both indoor and outdoor) + 2 spaces per service bay 57 Boat Sales / Service 1 space per employee on the maximum shift + 1 space per 500 sq.ft. of indoor display or office area + 1 space per 5,000 sq.ft. of outdoor display area 58 Recreation Vehicle Sales / Service 1 space per employee on the maximum shift + 1 space per 500 sq.ft. of internal display area + 1 space per 2,000 sq.ft. of outdoor display area + 2 spaces per service bay 59 Vehicle Rental 1 space per employee on the maximum shift + 3 spaces 60 Construction Business 1 space per employee on the maximum shift + 1 space per moving van or service vehicle 61 Wholesale Sales / Distributor 1 space per employee on the maximum shift + 1 space per service vehicle + 1 space per 250 sq.ft. of floor area accessible to the general public 62 Athletic Field / Stadium / Sports Arenas 1 space per 4 permanent seats + 1 space per employee on the maximum shift 63 Freight Transfer Facility 1 space per employee on the maximum shift + 1 space per service vehicle + adequate truck and tractor/trailer spaces 64 Fuel and Ice Dealer 1 space per employee on the maximum shift + 1 space per moving van or service vehicle 65 Agricultural Supply Sales 1 space per employee on the maximum shift + 1 space per 250 sq.ft. of floor area accessible to the general public + 1 space per 1,000 sq.ft. of outside display area 66 Cold Storage / Locker Plant 1.5 spaces per employee on the maximum shift 67 Packing / Processing 1 space per employee on the maximum shift + 1 space per fleet vehicle 68 Manufacturing 1 space per employee on the maximum shift + 1 space per fleet vehicle 69 Research and Development 1.5 space per employee on the maximum shift + 1 space per service vehicle TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 117

119 15.6 PARKING RATIOS. (continued) LAND USE PARKING REQUIRED 70 Warehousing / Storage 1 space per employee on the maximum shift + 1 space per fleet vehicle 71 Kennel/Commercial Kennel 1 space per employee on the maximum shift + 1 space per 1000 sq.ft. of gross floor area 72 Pet Grooming 1 space per employee on the maximum shift + 1 space per 300 sq.ft. of gross floor area 73 Home Occupation Where on-site sales are intended, 1 space per 150 sq.ft. of floor area devoted to the home occupation. 74 Crematorium 1.5 spaces per employee on the maximum shift 75 Junk Yard / Salvage Yard 2 space per employee on the maximum shift + 1 space per service vehicle + adequate truck and tractor/trailer spaces 76 Hospital 1.5 spaces per licensed or state approved bed + 1 space per employee (including doctors) on the maximum shift 77 Riding Stables and Equestrian Facilities 1 space per employee on the maximum shift + 1 space per every 4 stalls + 1 space per 4000 sq.ft. of arena area. In addition there shall be a minimum of one space for every caretaking dwelling. 78 College / University Vocational School Business / Secretarial School 1 space per dormitory bed, + 1 space per 6 permanent gymnasiums seats, + 1 space per 6 permanent lecture halls seats, + 1 spaces per employee on the maximum shift ** A. Bowling Alley = 4 spaces per lane B. Miniature golf = 15 spaces per 9 holes C. Golf course = 50 spaces per 9 holes D. Tennis/Handball/Racquetball Courts = 3 spaces per court E. Swimming Pool = 1 space per 30 sq.ft. of gross pool area F. Weight Training/Exercise Room = 1 space per 100 sq.ft. of floor area devoted to such use G. Gymnasium (with no seating provided) = 1 space per 100 sq.ft. of athletic floor area H. Shooting/Archery Range = 1 space per firing point + 1 space per employee on the maximum shift I. Pool Hall/Billiard Parlor = 1 space per employee on the maximum shift + 1 space per 100 sq.ft. of area accessible to the general public. J. Batting Cages = 1 space per cage + 1 space per employee on the maximum shift 15.7 HANDICAPPED PARKING. Handicapped parking spaces shall be provided as prescribed in the Connecticut State Building Code PARKING DIMENSIONS. The design stall dimensions for an off-street parking space shall be 9 by 18, and the development of off-street parking areas shall comply with the parking standards as shown in TABLE 15.8 "TYPICAL PARKING STANDARDS" herein STACKING REQUIREMENTS. Off-street stacking for waiting automobiles between the street line and drive-up service windows shall be provided based on the following ratios: Fast Food/Drive-In Restaurant with Drive-Up Service Window: ten (10) stacking spaces Drive-In Bank/Drive-Up ATM: eight (8) stacking spaces; four (4) stacking spaces per service window if more than one (1) service window provided. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 118

120 Drug Store/Pharmacy Drive-Up Prescription Service Window: two (2) stacking spaces per service window Drive-In Car Wash (Automated or Self Service): ten (10) stacking spaces; four (4) stacking spaces per washing bay if more than one (1) washing bay provided All other drive-up service windows shall have ten (10) stacking spaces. Stacking provisions shall also be made for at least one (1) exiting automobile between each service window and the street. Each stacking space shall be 18 feet in length, and such facilities shall be designed to not interrupt the smooth flow of traffic within the subject site. Dedicated stacking lanes shall be provided separate from any other drive aisle. Where access to such stacking lane is from an interior parking lot drive aisle rather than a street, the edge of the adjacent drive aisle shall be considered the street line LOCATION. For new and existing structures, except for single and two-family dwellings, no parking spaces shall be located between the building(s) and the street whenever practicable. Exceptions may be made by the Commission to provide for parking for the handicapped where warranted for easier access (Section deleted.) (Section deleted.) LOADING SPACE. Provision shall be made for the off-street loading and unloading of vehicles without encroachment on required parking areas The adequacy of space and suitability of location shall be determined, among other things, by expected volume, building use, and the relation to streets and access driveways At least one (1) loading space ten (10) feet by 50 feet with a 14 feet vertical clearance shall be required for a non-residential building with a gross floor area of 10,000 square feet or more All loading spaces shall be located at the rear of the building(s) REQUIRED AMOUNT OF PARKING. The number of off-street parking spaces for each use shall be based upon the values presented in subsection 15.6 of these Regulations. For properties containing multiple uses, parking needs for each use shall be determined and summed to determine the total amount of parking required. In computing parking needs, fractions of spaces shall be rounded upwards to the nearest whole space. Unless otherwise allowed the required amount of parking shall be provided on the same site as the proposed use ON-STREET PARKING: In the HPO on-street parallel parking spaces along the frontage of a lot or parcel may be counted as part of the required off-street parking for development on the parcel, provided the following conditions are met: The roadway on which the on-street parking is located is designed to have adequate width to accommodate the on-street parking and is approved by the Board of Selectmen and Director of Public Works for this purpose. In general, parallel parking lanes shall be no less than eight (8) feet in width The applicant may be required to set aside land for use as off-street parking in the event the Town determines that for safety or other reasons, on-street parking on that particular street must be terminated PARKING REQUIREMENTS FOR UNIQUE USES OR USES NOT EXPLICITLY LISTED IN SUBSECTION 15.6 OF THESE BYLAWS: Applicants preparing applications which include unique uses or uses not explicitly addressed in the parking table of subsection 15.6 should meet with staff to discuss and agree upon parking requirements prior to submitting a formal application. Staff TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 119

121 should consider comparable uses, other sources of parking demand estimates, or other relevant information The Commission shall authorize the proposed parking requirements or, should an agreement not be reached between the applicant and staff, the Zoning and Planning Commission shall determine the amount of required parking MODIFICATIONS TO THE NUMBER OR SIZE OF PARKING SPACES: The Zoning and Planning Commission may, under site plan review in accordance with Section 3.7 and 12.3 of these Regulations, reduce the number or size of required parking spaces when the Zoning and Planning Commission is satisfied by the applicant's demonstration that the proposed number of parking spaces will adequately serve the proposed development, based on site considerations, use, traffic patterns and other relevant concerns. TABLE TYPICAL PARKING STANDARDS TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 120

122 SECTION 16 - SIGNS PURPOSE: To address the need for adequate business identification, advertising, and visual communication within the Town through the display of attractive, well designed signs, while recognizing the Town s responsibility to promote public safety, protect property values, minimize visual clutter and enhance the physical appearance of the Town SIGNS PERMITTED IN ALL DISTRICTS WITHOUT A SIGN PERMIT: Nothing in these Regulations shall prohibit the State of Connecticut or the Town of Colchester from erecting signs intended for the health, safety and welfare of the public No more than two (2) temporary signs of a contractor, builder, painter or other artisan, provided they shall not exceed four (4) square feet in area in residential districts, 16 square feet in area in nonresidential districts, and be set back at least ten (10) feet from any property line Signs offering the premises for sale or lease: A B C D In Residential Districts; shall not exceed six (6) square feet in area. In C-General Commercial, I-Industrial, B-Business, TBD- Transitional Business, and BP-Business Park zone districts; shall not exceed 32 square feet in area. Said signs shall be removed within five (5) days of when the property is removed from the market. In residential districts (R-15, R-30, R-30A, R-40, R-60, and R-80), temporary directional signs in connection with the notification of open houses to be held in connection with the sale or rental of premises: There shall be a limit of not more than four signs per open house, not exceeding four square feet in area per sign. Such signs shall be used only on the day of the open house and shall be removed no later than one-half hour after the completion of the open house, but no later than 7 P.M. on the same day installed A temporary help wanted sign not over eight (8) square feet limited to ninety (90) days in any calendar year One (1) temporary on-premises sign announcing a tag or garage sale shall be permitted for a period not to exceed three (3) days, or nine (9) days in any calendar year. Two (2) off-premises signs announcing the tag or garage sale shall be permitted for a period not to exceed three days, or nine days in any calendar year Any flag, badge or insignia customarily displayed by any governmental agency, civic, fraternal, religious or similar organization. Flags and insignias of any government Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, or names of occupants of premises Legal notices, identification information, or directional signs erected by governmental bodies Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights Signs directing and guiding traffic and parking on private property, but bearing no advertising matter provided that such signs conform to standards established by the Manual on Uniform Traffic Control Devices (MUTCD) and contain no business name, logo, or advertisement. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 121

123 Political and religious signs provided they shall not exceed 4 x 4 sixteen (16) square feet) in area in residential districts and 4 x 8 (32 square feet) in area in non-residential districts and be set back at least eight (8) feet from any property line A Directional signs for educational and religious uses by a non-profit corporation or governmental unit, non-profit health care facility or hospital, or municipal building use. Each sign shall not exceed six (6) inches by thirtysix (36) inches, and shall be only at points approved by the Local Traffic Authority Nothing in this Section shall be construed as prohibiting signs viewed principally from within a building SIGN PERMIT PROCEDURES AND REQUIREMENTS: Except as otherwise provided herein, no sign shall be constructed, erected, altered, redesigned, re-lettered, relocated, reconstructed or otherwise changed, within the limits of the Town of Colchester, without first having obtained and paid for and having in force a Zoning Permit from the Zoning Enforcement (ZEO) Officer or otherwise approved by the Town of Colchester Zoning and Planning Commission Any modifications to Commission approved signage within one (1) year from the date of approval shall be required to obtain approval from the Zoning and Planning Commission Waiver Standards and Criteria: A B The Commission may approve waivers to the height and size standards of freestanding signs and to the size and placement of building mounted signs within the Commercial, Industrial, Business, Transitional Business, and Business Park Districts by a two-thirds affirmative vote. Requests for such waivers shall be submitted to the Commission and shall include all information required in section , an application fee in accordance with the Land Use Fee Schedule, and a narrative explaining the proposal s compliance with these standards and criteria. In approving such signs, the Commission shall state upon the record its reasons for approval, and may establish conditions and stipulations regarding, existing or future signs, including those allowed as of right Application; Fee: A B Application for a sign permit shall be made on a form provided by the ZEO, which application shall include necessary sketches and supporting information indicating location of sign, size and illumination. In addition, a fee in accordance with the Land Use Fee Schedule shall accompany such sign application. All applications for a Sign Permit shall be signed by the owner of the lot on which the sign will be located and shall be accompanied by the following: B.1 For free standing signs, a plot plan of the premises and, for any signs attached to structures, a sketch drawing to scale of the building façade, showing the location, dimensions and area of all existing and proposed signs in the premises and, B.2 Plans and specifications of the proposed sign; including its dimensions, area, maximum and minimum height, proposed message and design, materials, colors method of construction and method of illumination. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 122

124 Issuance of sign permit: A Upon approval of the application by the ZEO or, where appropriate, by the Commission, or after any conditions for approval established by the Commission are satisfied, the ZEO shall issue a Sign Permit for placement of such sign GENERAL STANDARDS Except as otherwise provided herein, the general standards for signs shall apply No sign shall be attached to or obstruct any door or stairway intended for ingress or egress. Nor shall any sign be attached to any tree, fence or utility pole or be painted directly upon the wall or roof of any building Window signs may not exceed more than twenty-five (25%) percent of the windows glass surface and shall not be illuminated No freestanding ground sign shall project more than fifteen (15) feet above the ground surface. Signs within the Historic Preservation Overlay Zone District (HPOZ) shall project no more than eight (8) feet above the ground surface unless approved by Special Exception but shall not project more than fifteen (15) feet above the ground surface Temporary signs, including banners and A-frame signs, are permitted in all districts provided that: A B C D E F G H Shall be non-illuminated. Ground signs shall not exceed fifteen (15) feet in total height. Shall be considered a temporary sign permitted to remain in place for a period of one year. Zoning Permits issued for the continuous use of any temporary sign(s) shall be renewed yearly. The maximum size of the sign shall not exceed thirty-two (32) square feet. There shall be a limit of not more than four (4) temporary signs per lot. Street banners, placards, and other forms of temporary advertisement used to announce temporary forms of outdoor entertainment or a regional event may be allowed provided all such signs may not be installed more than twenty-eight (28) days before any event and shall be removed within ninety-six (96) hours, four (4) days after the conclusion of the advertised event. Not permanently affixed. A Zoning Permit has been issued by the Zoning Enforcement Officer, indicating the nature, size, location and tenure, of the sign(s) Signs for the control of traffic and parking on a property provided such signs conform to standards established by the Manual on Uniform Traffic Control Devices (MUTCD) and contain no business name, logo, or advertisement If a use is located on a lot or parcel that is within more than one zoning district, all signs erected in conjunction with such use shall conform to the regulations for the district in which the sign is located. No signs shall be permitted to be erected on any portion of such a lot or parcel, which lies within a district in which such use is not permitted No sign shall be placed on or over any public right-of-way except publicly-owned signs, such as traffic and directional control signs and directional signs and street banners used to announce an activity approved under the provisions of Section B of these regulations. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 123

125 No sign shall be closer than ten (10) feet from the travel portion of a road edge of pavement or curb, or side property line A No temporary sign shall be closer than eight (8) feet from the travel portion of the road No sign located within fifteen (15) feet of a street right-of-way shall be larger than nine (9) square feet in area No sign shall obstruct the line of sight on a public road such that it creates a public safety hazard Maintenance; Construction: SIGN AREA A All signs shall be properly secured, supported and braced and shall be kept in good structural condition and clean and well painted at all times B Every sign, its framework, braces, anchors and other supports, shall be constructed of such material and in such workmanlike manner as shall make them safe C If a sign is found to be in violation of this section, the ZEO may order corrective maintenance or repair to be completed within thirty (30) days of notice of the order The area of all existing signs on a lot shall be counted toward the maximum allowable sign area allowed on a lot A The area of a sign shall be computed from the outer dimensions of the frame, trim, or molding by which the sign is enclosed B When a sign consists of freestanding letters, symbols, or characters, its area shall be computed as the area of the smallest rectangle that encloses all of the letters, symbols or characters C When a sign consist of two (2) or more faces, only one (1) face of the sign shall be used in computing the sign area if the faces are parallel to and within twelve (12) inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area D The area of all ground signs on the site shall be deducted from the total allowed sign area for the property SIGNS PERMITTED IN RESIDENTIAL DISTRICTS: R-15, R-30, R-30A, R-40, R-60, And R One (1) name plate sign on each residential lot, not to exceed two (2) square feet in area, per building or; A B One (1) freestanding sign not to exceed six (6) square feet in area for nonresidential uses. In the case of commercial agricultural uses such as but not limited to farms and greenhouses located in residential zones, the following standards apply: B.1 One (1) freestanding sign for the purpose of identifying the agricultural use shall not exceed thirty-two (32) square feet in area or fifteen (15) feet in height. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 124

126 B B.3 Wall signage for agricultural uses shall be permitted. The maximum area of wall signage shall be calculated in accordance with the standards set forth in Section No sign shall be internally illuminated C D For properties with multiple tenants, the sign area may be increased by two square feet per tenant, however the total signage shall not exceed twenty (20) square feet. If a home occupation is conducted on the premises, the same name plate sign permitted in Section may show the occupation of the resident or the service provided, provided the sign is not enlarged One (1) sign, not to exceed thirty-two (32) square feet, to identify a residential development containing not less than ten (10) dwelling units SIGNS PERMITTED IN NON-RESIDENTIAL DISTRICTS: B and C Districts No sign shall be closer than ten (10) feet from the travel portion of a road or side property line No sign located within fifteen (15) feet of a street right-of-way shall be larger than nine (9) square feet in area No sign shall obstruct the line of sight on a public road such that it creates a public safety hazard No freestanding sign shall exceed thirty-six (36) square feet in area For Single Building Parcels - Single Business Use; the maximum area (square feet) of wall and/or ground signs shall be determined by converting the length (feet) of the building wall containing the main entry to the equivalent area (square feet). (For example, a building wall length of twenty (20) feet. converts to a maximum total sign area of twenty (20) square feet) Lettering on windows or door awnings shall also be considered wall signs if utilized in accordance with the above standards A B Wall signs and lettering on windows or door awnings shall be placed on the wall containing the main entry. Wall signs and lettering on windows or door awnings may, by Special Exception, be placed on walls not contain the main entrance provided their size is in direct proportion to the wall IN A MIXED USE OR MULTI-TENANT BUILDING, the total permitted sign area for said building shall be determined by combining the building face for each tenant in the building and pro-rating total allowable signage area for each tenant based on the length of building face occupied by that tenant. The face of the building for each tenant shall be taken to mean the side where the primary entrance and/or display windows for that tenant are located. Each tenant will have building facing on one side of the building only. Total signage for any side of the building will not exceed one (1) square foot per linear foot of building face on that side A Each business use or tenant shall in a mixed use or multi-tenant building, a business use which is unable to have any business sign because existing uses are utilizing all allowable sign area with legally erected signs shall be allowed a maximum eight (8) square feet wall or hanging sign. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 125

127 Additionally, fuel service station canopies may also contain wall signage on the canopy fascia in accordance with the following: A B A maximum of two canopy signs may be located on the fascia with a total sign area not to exceed ten (10%) percent of the area of the longest side of the canopy fascia. No one canopy sign may be larger than twenty (20) square feet. Not more than three (3) types of permitted signs regulated by this section shall be allowed on a parcel SHOPPING CENTERS having a floor area of more than 40,000 square feet with buildings setback more than 150 feet from the street line, the following standards shall apply: A B C A ground sign for the purposes of identifying the shopping center complex located at the main entrance shall not exceed one-hundred (100) square feet in area or twenty (20) feet in height. Where there exist two entrances located on different non-local roads, each entrance is permitted one ground sign not to exceed one-hundred (100) square feet in area or twenty (20) feet in height. Each ground sign must be located within fifty (50) feet of the entrance it serves and the entire property will be limited to a maximum of two ground signs. Each tenant or owner of a business within a shopping center shall be entitled to no more than one exterior wall sign not to exceed the limits described in Section or ground identification sign, except that one addition wall identification sign may be permitted at a secondary business entrance facing a parking lot. Said identification shall not exceed four (4) square feet in area and be counted toward the total allowable sign area. The total allowable ground sign area may not exceed two-hundred (200) square feet SHOPPING CENTERS having a floor area of less than forty-thousand (40,000) square feet with buildings setback less than one-hundred fifty (150) feet from the street line, the following standards shall apply: A B A ground sign for the purpose of identifying the shopping center complex located at the main entrance shall not exceed seventy-five (75) square feet in area or fifteen (15) feet in height. Where there exists two (2) entrances located on different roads, each entrance is permitted one ground sign not to exceed seventy-five (75) square feet in area or fifteen (15) feet in height. Each ground sign must be located within fifty (50) feet of the entrance it serves and the entire property will be limited to a maximum of two (2) ground signs. Each tenant or owner of a business within a shopping center shall be entitled to no more than one (1) exterior wall sign not to exceed the limits described in Section or ground identification sign, except that one (1) additional wall identification sign may be permitted at a second business entrance facing a parking lot. Said identification sign shall not exceed four (4) square feet in area and be counted toward the total allowable sign area C The total allowable ground sign area may not exceed two-hundred (200) square feet IN THE CASE OF AN INDUSTRIAL, OFFICE OR MIXED USE PARK located on a single property, capable of supporting one building of less than two-hundred thousand (200,000) total square feet the following standards shall apply: TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 126

128 A B C D A ground sign for the purpose of identifying the park, located at the main entrance and not to exceed sixty-four (64) square feet in area or ten (10) feet in height. If the park has more than one entrance a second ground sign of thirtytwo (32) sq. ft. in area and ten (10) feet in height. Directory signs of no more than thirty-two (32) square feet in area for each building of forty-thousand (40,000) sq. ft. on the property or every forty-thousand (40,000) square feet of floor area on the property. The area of all ground signs on the site shall be deducted from the total allowed sign area for the property E The total allowable ground sign area may not exceed two-hundred (200) square feet IN THE CASE OF AN INDUSTRIAL, OFFICE OR MIXED USE PARK located on a single property, capable of supporting two or more buildings of over twohundred thousand (200,000) total square feet the following standards shall apply: A B C D A ground sign for the purpose of identifying the park, located at the main entrance and not to exceed sixty-four (64) square feet in area or ten (10) feet in height. If the park has more than one entrance a second ground sign of thirtytwo (32) square feet in area and ten (10) feet in height. Directory signs of no more than thirty-two (32) square feet in area for each building of forty-thousand (40,000) square feet on the property or every forty-thousand (40,000) square feet of floor area on the property. The area of all ground signs on the site shall be deducted from the total allowed sign area for the property E The total allowable ground sign area may not exceed two-hundred (200) square feet All signs including wall, ground, and marquee advertising a business or businesses located on the premises, the following standards shall apply: A B C D E The total aggregate surface area of all signs on a lot shall not exceed the allowable sign area permitted under this Section. In a single tenant building the face of the building shall be taken to mean the side where the primary entrances and/or display windows are located. Each building shall have facing on one side only, such measurement shall be taken along the face of the building where the principal entrance is located. Total signage for any side of the building will not exceed one square foot per linear foot of building on that side. In a mixed use or multi-tenant building, the total permitted sign area for said building shall be determined by combining the building face for each tenant in the building and pro-rating total allowable signage area for each tenant based on the length of building face occupied by that tenant. The face of the building for each tenant shall be taken to mean the side where the primary entrance and/or display windows for that tenant are located. Each tenant will have building facing on one side of TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 127

129 the building only. Total signage for any side of the building will not exceed one square foot per linear foot of building face on that side A commercial or business complex may have a directory sign no more than six (6) feet wide, consisting of one (1) sign no more than two (2) feet high identifying the complex and individual signs no more than one (1) foot high identifying the individual activities Notwithstanding the limitations provided in the definition of sign found in Section 2.2, a non-residential use in conjunction with a Class 2 Site Plan approval by the Zoning and Planning Commission, in the C General Commercial Zone only, may have additional signage beyond that allowed in this Section 16.5 if it meets all the following criteria: A B C It is not legible at the boundary of the property. Such additional signage shall not total more than 40 square feet on no more than two (2) additional signs. Is only intended to convey information to customers on site SIGNS PERMITTED IN NON-RESIDENTIAL DISTRICTS: I, TBD and BP Districts: Business signs including wall, roof and ground signs advertising a business or businesses located on the premises, subject to the following requirements: A B C D E The total aggregate surface area of all business signs on a lot shall not exceed one-half square foot for each lineal foot of the face of the building along the street. If a lot is a corner lot, such measurement shall be taken along the face of the buildings where the principal entrance is located. In a single tenant building the face of the building shall be taken to mean the side where the primary entrances and/or display windows are located. Each building shall have facing on one side only. Such measurement shall be taken along the face of the building where the principal entrance is located. Total signage for any side of the building will not exceed one-half square foot per linear foot of building on that side. In a mixed-use or multi-tenant building, the total permitted sign area for said building shall be determined by combining the building face for each tenant based on the length of the building face occupied by the tenant. The face of the building for each tenant shall be taken to mean the side where the primary entrance and/or display windows are located for that tenant. Each tenant will have building facing on one side only. Total signage for any side of the building will not exceed one-half square foot per linear foot of building face on that side. No one use or tenant shall have more than two signs on the premises that one additional wall identification sign shall be permitted a secondary business entrance facing a parking lot. Said identification sign shall not exceed two square feet in area and shall be exempt from the total allowable sign area. The area of all ground signs on the site shall be deducted from the total allowed sign area for the property In the case of subdivided office or business parks, the following standards shall apply: A Those signs permitted in Section 16.1, 16.3, and 16.7 for the uses specified and subject to the same limitations. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 128

130 B C D Ground signs for the purpose of identifying the park, located at the main entrance and not to exceed thirty-two (32) square feet in area or a height of ten(l0) feet. If a park has more than one entrance, a second ground sign of twenty-four (24) square feet in area shall be permitted. The area of all ground signs on the site shall be deducted from the total allowable signs area for the development ROUTE 2 (RT2) AND ROUTE 11 (RT11) FACING SIGNAGE One (1) additional sign is permitted on sites with at least one wall facing Connecticut Route 2 or Connecticut Route 11. The additional signage may consist of a building sign. If the primary site signage is located facing RT2 or RT11, the additional signage is not applicable A Additional building sign area may not exceed ten (10%) percent of the area of the building wall facing RT2 or RT PARK AND RECREATION FACILITIES The provisions and regulations of this section shall not apply to signs displayed at parks, recreation, and athletic facilities owned by the Town of Colchester, except any facility or athletic field located in the HPOZ, including but not limited to: A B C D E Scoreboards Informational signs Signs warning of danger Sponsorship signs and banners Any sign displayed at a Town owned facility shall be authorized by the designated authority of the Town of Colchester prior to its installation LIGHTING OF OUTDOOR SIGNS No sign or its illumination shall, because of its size, shape or method of illumination, be permitted to confuse or obstruct the view or effectiveness of any traffic sign or in any way result in a hazard to the safe and efficient flow of vehicular traffic The point source of light of an illuminated sign shall be shaded so as not to be viewed from off the premises Internally illuminated signs constructed of translucent materials and wholly illuminated from within shall have dark backgrounds (opaque or colored) and light lettering (white or lighter colored than the background) so as to minimize glare or luminous overload Externally illuminated signs shall have light fixtures shielded and targeted at the sign The spill of light from any illuminated sign shall not extend beyond ten (10%) percent of the perimeter of the sign Neon window signs shall be limited to a maximum of four (4) per establishment. Such signs shall be turned off during non-business hours No sign shall be equipped with flashing lights or movable parts, except those that display time and/ or temperature approved by Special Exception shall be permitted in accordance with Sections and TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 129

131 SIGN DESIGN Standards for Wall Signs: A B C D E F No wall sign shall extend beyond the outer edge of any wall of the building to which it is attached. A marquee sign may extend the full length of the marquee but shall not extend beyond the ends of the marquee. A wall sign shall be parallel to the wall to which it is attached and shall not project more than twelve (12) inches there from. No wall sign shall be painted directly upon any wall. In the case of a one (1)-story building, no wall sign shall extend above the ridge( in the case of a gable, hip, or gambrel roof) or the deckline (in the case of a mansard roof), or the parapet (in the case of a flat or shed roof) of the building to which it is attached and in the case of other buildings; they shall not extend above the sill of the windows of the second story, nor extend more than fifteen (l5) feet above the outside grade. In no case shall a sign extend above a roof line. Where there are two (2) or more occupants occupying a portion of the first floor frontage of a given structure, each such occupant shall be entitled to a sign equivalent in size to that portion of the frontage so occupied, minus any proportionate amount of ground signage either existing or proposed G Where multiple occupants share a common sign, the maximum sign area shall be limited as if there was a single occupant Standards for Freestanding and Ground Signs: A B C D E F In residential districts the height of any freestanding sign shall not exceed six (6) feet. In non-residential districts the height of any freestanding sign shall not exceed the height of the building to which it relates or a height of fifteen (15) feet, which ever is less. If the premises on which the sign is located does not contain a principal building, the sign shall not exceed a height of six (6) feet. The height of the sign shall be measured from the ground to the top of the sign. Except as otherwise provided herein, only one (1) freestanding sign shall be permitted on a lot for each street from which the lot has vehicular access, even if there is more than one (1) building or use on that lot, not with standing Section 16.4 and A ground sign shall be supported by a freestanding, self supporting structure that is erected on the ground and is not attached to a building G No ground sign shall be located within ten (10) feet from the travel portion of a road, side property boundary, or within 25 feet of the property boundary of a residentially zoned property Standards for Projecting Signs, Marquee, or Canopy Signs: A The bottom edge of a projecting sign shall be at least seven (7) feet above ground level when located in an area where the public walks. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 130

132 B No Projecting sign shall extend more than six (6) feet from the wall to which it is attached Standards for Sign Kiosks: A B C The footprint of the sign kiosk shall not exceed nine (9) square feet in area. The height of the kiosk shall not exceed fourteen (14) feet, except as permitted by Section The kiosk shall not rotate or have any moving parts PROHIBITTED SIGNS The following signs are prohibited in all Zone Districts: A B C D E F Signs indicating uses not carried on at the premises on which the sign is located or indicating to off-premises locations. Signs permanently painted, posted or otherwise attached to any fence, tree, utility pole, unregistered vehicle, or rock are prohibited in all Zone Districts, except those on carved or engraved on a stone monument. Billboards. Rotating, moving or animated signs. Roof Signs. No sign or part thereof shall contain or consist of posters, pennants, ribbons, streamers, spinners, balloons, strings of lights, or other similar devices. Furthermore, such devices shall not be used for the purpose of advertising or attracting attention when not part of a sign otherwise permitted under these regulations NON-CONFORMING SIGNS A legal nonconforming sign may not be enlarged. The sign may be re-lettered, sign face changed, the frame or pylon/pole replaced but once the sign and/or supporting structure is removed for purposes other than alteration or immediate replacement, it shall be deemed permanently removed and may be replaced only in accordance with the provisions of this section On properties where legal non-conforming signs exist, the area requirements of Section 16 must be met before permits for additional signage will be issued. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 131

133 SECTION 17 - PENALTIES 17.1 In accordance with Section 8-12 of the General Statutes or any amendments thereto, the owner or agent of any building or premises where a violation of any provision of these Regulations has been committed or exists, or the lessee or tenant of an entire building or premises where such violation has been committed or exists, or the agent, architect, builder, contractor or other person who commits, takes part or assists in any such violation or who maintains any building or premises in which such violation exists, shall be fined no less than ten (10) dollars nor more than $200 for each day that such violation continues; but if the offense is willful, the person convicted thereof shall be fined not less than $100, not more than $250 per each day that such violation continues, or imprisoned not more than ten (10) days for each day such violation continues or both; and the court of competent jurisdiction shall have such jurisdiction over all such offenses, subject to appeal as in other cases. SECTION 18 - ZONING BOARD OF APPEALS There shall be a Zoning Board of Appeals consisting of five (5) regular members and three (3) alternates, which shall act in accordance with the applicable provisions of Chapter 124 of the Connecticut General Statutes POWERS AND DUTIES. The Zoning Board of Appeals shall have the following powers and duties, all of which shall be exercised, subject to appropriate conditions and safeguards, so as to be in harmony with the purpose and intent of these Regulations and the Plan of Development of the Town of Colchester and in accordance with the promotion of the health, safety, welfare and maintenance of property values in the Town of Colchester: To hear and decide appeals where it is ALLEGED that there is an error in any order, requirement or decision made by any official charged with the enforcement and administration of these Regulations To hear and decide all matters upon which it is required to pass by the specific terms of the Regulations To determine and vary the application of these Regulations, in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, convenience, welfare, and property values solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not generally affecting the district in which it is situated, a literal enforcement of these Regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and the public safety and welfare secured VARIANCES Variances may be granted only if in harmony with the general purpose and intent of these Regulations and with due consideration for conserving the public health, safety, convenience, welfare and property values, when solely with respect to a parcel of land and owing to conditions especially affecting such parcel, but not affecting generally the district in which it is situated, a literal enforcement of such bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and the public safety and welfare secured. Before granting a variance on the basis of exceptional difficulty or unusual hardship, there must be a finding by the Board that the following conditions exist: A B C D That the difficulties or hardship are peculiar to the property in question, in contrast with those of other properties in the same district. That the hardship was not the result of the applicant s own action. That the hardship is not merely financial or pecuniary. That the hardship relates to the real property in question. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 132

134 The Zoning Board of Appeals shall have no authority to permit by variance any use in any district in which such use is not otherwise allowed under the provisions of these Regulations APPEALS. Any person claiming to be aggrieved by any order, requirement or decision made by any official charged with the enforcement and administration of these Regulations, may appeal to the Zoning Board of Appeals. Such appeal shall be filed within 30 days from the issuance of notice of said order, requirement or decision. Said Board shall hear and decide the appeal and may reverse or affirm, wholly or partly, or may modify any order, requirement or decision appealed from, and shall have all the power of the authority from whose decision such appeal is taken, but only in so far as to enforce these Regulations, where an error has occurred APPLICATIONS Applications and appeals to the Zoning Board of Appeals shall be submitted, in writing, by the owner(s) of the property, or by party(ies)) who have a demonstrable interest as a result of the decision, on a form designated by the Zoning Board of Appeals together with any required fees. If the applicant is not the owner of the property, a notarized letter of consent from the property owner must accompany the application. A copy of each application shall he provided to the Zoning and Planning Commission for informational use only Each application or appeal shall clearly set forth the action desired by the Zoning Board of Appeals, shall state the circumstances creating the need for such action, and where applicable, shall reasonably illustrate with map(s) and other drawing(s), the location and nature of the appeal or application. In the case of a requested variance, the application shall demonstrate how the enforcement of the specific regulation, ordinance or bylaw sought to be varied, creates a hardship upon the use of such parcel of land. Every appeal or application shall refer to the specific provision of these Regulations involved All applications for variances shall be accompanied by a list of the names and addressees of the owners of all property within 150 feet of the boundaries of the property addressed in the variance, all as shown on the latest Grand List of the Town of Colchester, together with a map showing the property addressed in the variance and showing all other properties on said list The date of receipt of an application for a variance or an appeal from a zoning enforcement order, shall be the earlier of: the day of the next regularly scheduled meeting of the Board immediately following the day the application was submitted to the Board or its agent; or 35 days after such submission NOTICE TO ADJACENT PROPERTY OWNERS AND TO ADJOINING MUNICIPALITIES OF APPLICATION OR REQUESTS In addition to legal notices otherwise required, the applicant shall mail the text of the public hearing notice of any variance application, not less than seven (7) days prior to the hearing to the owner(s) of each property within 150 feet of the boundaries of the property addressed in the variance application, all as shown on the latest Grand List of the Town of Colchester. Evidence of such mailing shall be submitted at the Public Hearing in the form of United States Post Office Certificate of Mailing The Board shall notify the Clerk of any adjoining municipality by certified mail, return receipt requested, of any pending application or request regarding any site in which: A B Any portion of the site affected by the Board's decision is within 500 feet of the boundary of the adjoining municipality. A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 133

135 C D E A significant portion of the sewer or water drainage from the project on the site will flow through or significantly impact the drainage or sewerage system within the adjoining municipality. Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality. Such notice shall be mailed within seven (7) days of the date of receipt of the application or request HEARINGS AND DECISIONS The Zoning Board of Appeals shall conduct a public hearing on all matters wherein a formal petition, application or appeal has been submitted. Such hearing shall commence within 65 days after receipt of such petition, application, request or appeal and shall be completed within 30 days after such hearing commences. All decisions on such matters shall be rendered within 65 days after completion of such hearing. The petitioner or applicant may consent to one or more extensions of any period specified in this subsection, provided the total extension of any such period shall not be for longer than the original period as specified in this subsection, or may withdraw such petition, application, request or appeal. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice at intervals of not less than two (2) days, the first not more than 15 days, nor less than ten (10) days, and the last not less than two (2) days before such hearing Decisions rendered by the Zoning Board of Appeals shall be in writing and said Board shall state upon its record the reasons for its decision A B The concurring vote of four (4) members of the Zoning Board of Appeals is necessary: to reverse any order, requirement or decision of the officer charged with the enforcement of these Regulations; to decide in favor of an applicant any matter upon which the Board is required to pass under any bylaw, ordinance, rule or regulation; to vary the application of these Regulations. In the case of any tie vote, the application shall be considered denied. Notice of the decisions of the Zoning Board of Appeals shall be published in a newspaper with a substantial circulation in the Town of Colchester and a copy of each decision shall be mailed by certified mail to the applicant, within 15 days of the date the decision was rendered FILING - VOIDING OF DECISION. A copy of any variance granted by the Board shall be filed in the Office of the Town Clerk and each variance shall be recorded in the land records in accordance with the requirements of CGS Sec. 8-3d. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 134

136 SECTION 19 - AMENDMENTS 19.1 These Regulations and the boundaries of zoning districts may be amended by the Commission, after public notice and hearing, in accordance with Section 8-3 of the General Statutes, as amended These Regulations may be changed only by a majority vote of all the members of the Commission, except as otherwise provided in this subsection. If a protest against a proposed change is filed at or before a hearing with the Commission signed by the owners of 20% or more of the area of the lots included in such proposed change or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of two-thirds (2/3) of all the members of the Commission Any petition for a change of these Regulations or the boundary of a zoning district shall be on a form prescribed for such purpose and obtainable from the Zoning Enforcement Officer PROCEDURES FOR CHANGE OF ZONE Submit application, five (5) copies of plan, and fee to the Code Administration Department at least ten (10) working days prior to the next regularly scheduled meeting The plan showing the property and the proposed change must be certified as a minimum to Class D map standard The applicant shall submit a copy of the assessor's map showing all properties and zones within 500 feet of the proposed change All property owners within 500 feet of the proposed change shall be notified by the applicant by certificate of mailing or certified mail. The applicant shall bring proof of such notification to the Commission The provisions of Section 19.2 shall not apply in the case of amendments to the Town s Zoning Regulations and/or Zoning Map initiated by the Colchester Zoning and Planning Commission. (APPROVED: June 6, 2001 EFFECTIVE DATE: June 23, 2001) SECTION 20 - SEPARABILITY 20.1 Should any section or provision of these Regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of these Regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 21 - (Reserved For Future Use) SECTION 22 - CHANGE OF USE 22.1 Any change of use shall be in compliance with these Regulations. The change in use of a principal activity shall be subject to review by the Zoning Agent and by the Colchester Sewer and Water Commission and allowed only if found to be in compliance with the intent of these Regulations. SECTION 23 - INSPECTION AND ENFORCEMENT 23.1 RIGHT OF ENTRY. The Commission and it's authorized agents, including representatives of the Colchester Sewer and Water District and the Colchester Health Director, shall have the right to enter upon privately owned property for the purposes of inspection for compliance with this regulation ENFORCEMENT. No permanent Certificate of Occupancy shall be issued until the Town Zoning Enforcement Officer, a representative of the Colchester Sewer and Water District and/or the TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 135

137 Colchester Health Director have inspected the premises and certified compliance with all requirements of these Regulations PERFORMANCE BONDS. The Commission may require, as a condition of any approval under these Regulations, that the applicant file with the Commission suitable bond in a form acceptable to the Board of Selectmen and in such amount as the Commission deems sufficient to insure the performance and completion of any work required for protection of the public water supply, including long-term maintenance. In determining requirements for a performance bond, the Commission shall consider the recommendations of reviewing agencies. Such bond or other surety shall be released only when the work has been completed to the satisfaction of the Commission. SECTION 24 - STANDING 24.1 The Colchester Sewer and Water Commission shall have standing and shall be deemed an aggrieved party for the purpose of appealing any decision of the Zoning and Planning Commission which was accessory to the recommendations contained in the Colchester Sewer and Water Commission's reports to the Zoning and Planning Commission. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 136

138 APPENDIX A ( The Secretary of the Interior s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as amended. ) TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 137

139 APPENDIX B (MAINTAINED HORIZONTAL ILLUMINANCE RECOMMENDATIONS) MAINTAINED HORIZONTAL ILLUMINANCE RECOMMENDATIONS TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 138

140 APPENDIX C (AVERAGE ILLUMINANCE LEVELS FOR SERVICE STATIONS/GAS PUMP AREAS ) AVERAGE ILLUMINANCE LEVELS FOR SERVICE STATIONS/ GAS PUMP AREAS TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 139

141 APPENDIX D.1 (EXAMPLES OF ACCEPTABLE AND UNACCEPTABLE LIGHTING FIXTURES) TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 140

142 APPENDIX D.2 (EXAMPLES OF ACCEPTABLE AND UNACCEPTABLE LIGHTING FIXTURES) TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 141

143 APPENDIX D.3 (EXAMPLES OF GOOD AND BAD LIGHTING FIXTURES) EXAMPLES OF GOOD AND BAD LIGHTING FIXTURES International Dark-Sky Association -- Information Sheet 122 GOOD Even post-top ornamental fixtures, like this example, can be cutoff with clear panels and lamp/reflector located above. GOOD This ornamental fixture also has clear panels and a bulb located above for maximum glare and spill light control. BAD Non-cutoff fixtures like this "acorn" ornamental cause light pollution. GOOD Flat-lens cobra head fixtures, like this roadway cutoff luminaire, provide excellent roadway lighting with greatly reduced glare and no uplight. GOOD This new generation flatlens cobra head fixture provides superior lighting uniformity at standard mounting heights and spacing. BAD The ubiquitous drop-lens cobra head luminaire produces a level of glare and uplight that is both unacceptable and unnecessary TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 142

144 EXAMPLES OF GOOD AND BAD LIGHTING FIXTURES - continued International Dark-Sky Association -- Information Sheet 122 GOOD Many existing dusk-todawn security lights and residential streetlights can be retrofitted with caps to eliminate glare. GOOD A cap can turn any standard barn light into a full-cutoff light with wide area coverage. BAD Barn light style fixtures are very inefficient, sending about 20% of the light upward and another 20% horizontally outward, creating glare. GOOD Flat-lens shoebox fixtures come in many forms; square, rectangular, circular, etc. All control the light with internal reflectors. Glare and light trespass are minimized; no uplight is produced. GOOD Post-top flat-lens shoebox fixtures like this one provide good area illumination without light pollution. BAD The telltale sag lens gives this luminaire away as a possible problem. If the lens is clear and very shallow, and the bulb wattage is not too high, this type of light can cover a wider area without too much glare or uplight. TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 143

145 EXAMPLES OF GOOD AND BAD LIGHTING FIXTURES - continued International Dark-Sky Association -- Information Sheet 122 GOOD Full-cutoff wall packs make excellent entryway and building perimeter lights, and there is enough forward throw that adequate lighting is provided for near-building parking. GOOD Recessed canister lights built into the eaves or canopy of a house, garage, or other building is the first choice for lighting building exteriors. BAD Wall packs like this should never be used. They produce enormous glare and uplight. GOOD If floodlights must be used, they should always have top and side shielding, and be pointed at least 45 below the horizontal. GOOD Even sports lighting can be done well, if one uses cutoff light fixtures such as those in the example above. BAD Unshielded floodlights provide an unattractive look and should not be used. IDA Inc., 3225 N. First Ave., Tucson, AZ USA TOWN OF COLCHESTER, CT ZONING REGULATIONS Page 144