THE BOROUGH OF BANTAM
PLANNING and ZONING COMMISSION
__________________________________________________ ___________________________________________________________Incorporated 1915
BANTAM CONNECTICUT 06750
ZONING REGULATIONS
EFFECTIVE November 23, 1982 Revisions: October 1984, April 1993
November 1999, January 2002
__________________________________________________________________
TABLE of CONTENTS:
Article I
Section 101 Definitons
(Hazardous Materials added 6/6/95)
Article II-Classification of Districts
Section 200 Classes of Districts
Section 202 Residential Districts
Section 203 Commercial Districts
Section 204 Special Use Districts
Section 205 Industrial Districts
Article III Dimensional Requirements
Section 300 Residential Area Width and Setbacks
Section 300 Commercial, Industrial, Special Use, Area, Width and Setbacks * (6/6/95)
Section 303 Fences, Walls and Terraces
Article IV General Regulations
Section 401 Nonconforming uses
Section 402 Nonconforming Lots
Section 404 Vision Obstruction
Section 420 Alcoholic Beverages
Section 440 Off Street Parking and Loading
Section 450 Wireless Communication Facilities
Article V
Section 500 Site Plan Requirements
Article VI Special Exception Requirements
Section 607 Accessory Apartments
Section 608 Conversion of a Single Family Dwelling to a Two Family Dwelling
Section 609 Conversion of Prior Multi-Family Housing
Section 610 Storage and Maintenance of Refuse Collection Vehicles
Section 611 Borough or Town Sponsored Housing for the Elderly
Section 612 Traditional Home Enterprise
Section 613 General Home Occupation
Section 614 Major Home Business
Article VII
Section 700 Erosion and Sedimentation Control Plan
Article VIII Administration
Section 804 Expiration of Permit
Article IX
ARTICLE I
Purposes and Definitions
These Regulations are adopted pursuant to the authority granted by Public Act No.82-437, an act concerning local land use ordinances.
The purpose of this ordinance is to guide the growth and development of the Borough of Bantam so as to promote beneficial and convenient relationships among residential, commercial and industrial areas within the Borough, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and future needs for various types of developments and to achieve the purpose more particularly described as follows:
1. To lessen congestion in the streets;
2. To secure safety from fire, panic, flood, and other dangers;
3. To promote health and the general welfare;
4. To provide adequate light and air;
5. To prevent the overcrowding of the land;
6. To avoid undue concentration of population;
7. To facilitate the provision of transportation, water sewerage, drainage, schools, parks and other public requirements.
Throughout the Regulations the singular shall include the plural and the plural shall include the singular. The word "used" shall include "arranged", "designed", or "intended to be used"; and the present tense shall include the future tense. The following words, as used in these Regulations, are defined for the purpose thereof as follows:
1. Accessory Use: A use subordinate to the main use of land or of a building on the same lot and customarily incidental thereto.
2. Boarding House: A dwelling where rooms and meals are furnished for compensation for persons other than members of the family of the proprietor. A rooming house shall be deemed a boarding house.
3. Building: Any structure having a roof supported by walls and intended to afford shelter to persons, animals or chattels.
a. Semi-Detached: A building which has one party wall in common with an adjacent building.
b. Building Coverage: That percentage of lot area covered by buildings.
c. Height: The vertical distance from grade to the average elevation of the roof of the highest story.
d. Line: A line parallel to a road right-of-way line, at a distance there from equal to the depth of the front yard requirement for the district in which the lot is located.
e. Habitable Floor Area: Space within a dwelling not less than 6'8" ceiling height, exclusive of attic, basement, garages, porches and utility room, and provided that all space above the first floor shall be accessible by means of a permanent stairway.
4. Dwelling: A building designed or used exclusively as living quarters for one or more families.
a. Unit: A building or portions thereof, providing complete housekeeping facilities for one family.
b. Two Family Dwelling: A building on a lot, used exclusively as a residence for two (2) families, living independently of one another.
5. Family: One or more persons related by blood, marriage or adoption living and cooking together on the premises as a single housekeeping unit, and may include servants living in or not more than three (3) paying lodgers or boarders.
6. Farm Building: Any building used for storing agricultural equipment or farm produce, housing livestock or poultry or for any other farm purpose, but shall not include dwellings.
7. Garage-Private: A building or part of a building used for storage of motor vehicle as an accessory use.
8. Garage-Public: A building, not a private garage, used for the repair, servicing, or storage of motor vehicles.
9. Home Office of Convenience: A business office within the home where there is no outside evidence of the home -resident employees on the premises. A zoning permit is required.
10. Lot: A parcel of land designed to be occupied by a building or buildings together with open spaces required by these Regulations.
a. Corner: A lot located at the intersection of two or more streets. A corner lot shall maintain the front yard requirements for each street frontage.
b. Interior: A lot without street frontage but is served by an accessway to a public street.
c. Depth: The mean distance (measured at right angles) from the street line of a lot to it rear line.
d. Width: The mean width, measured at right angles to the depth.
e. Line: Property lines bounding a lot.
f. Lot Coverage: The percentage of the area of the lot covered by buildings, structures or other impervious surfaces.For the purpose of this section the term "impervious surfaces" shall mean any material that substantially reduces or prevents the infiltration of storm water onto previously undeveloped land. Impervious surfaces shall include graveled driveways and parking areas.
11. Non-Conforming Use: A use legally existing at the adoption of these Regulations which does not conform to the regulations for the zone in which it is located.
12. Set-Back: The required open space between any building on a lot and the lot lines.
13. Single and Separate Ownership: The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is real, separate and distinct from that of any abutting or adjoining lot.
14. Street Line: The boundary line between a street and adjacent property.
15. Hazardous Materials: (6/6/95) Substances or combinations substances (including waste products) which present an actual or potential hazard to human health or to private
or public drinking water supplies if discharged to the ground water or surface water including:
- substances which are toxic, flammable, corrosive, explosive, radioactive, or infectious;
- substances listed in the (Title III List of Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 (Office
of Toxic Substances, US EPA, Washington D.C.) and which are used for other than normal household purposes if in quantities exceeding those identified in SARA.
- Acids and alkaloids outside the PH range of 2 to 10;
- Petroleum products, including fuels and waste oils;
-Synthetic organic solvents;
- Any solid material which if exposed to water will leach
or dissolve to form a hazardous material as defined above.
ARTICLE II
Classification of Districts
For the purpose of these Regulations, the Borough of Bantam is hereby divided into the following districts:
DISTRICT MAP CODE
Residential (lot size 20,000 sq. ft.) R-20
Residential (lot size 40,000 sq. ft.) R-40
Residential (lot size 80,000 sq. ft.) R-80
Residential (lot size 120,000 sq. ft.) R-120
Commercial (lot size 40,000 sq. ft.) C
Industrial (lot size 40,000 sq. ft.) I
Special Use (lot size 40,000 sq. ft)
Streambelt Overlay District SOD
The Borough of Bantam Zoning Map has been amended to include boundaries for each of the above Residential Districts. (see Bantam Zoning Map.)
202.1 The following uses and no other shall be permitted by right in residential districts as follows:
a. Single family dwelling;
b. Private garage;
c. Home Office of Convenience - Zoning permit required;
d. Public schools, fire departments, libraries, parks, playgrounds, buildings and uses of the town of Litchfield or the Borough of Bantam.
202.2 In residential districts the following uses and no other uses shall be permitted by special exception according to the general requirements of these regulations and the specific requirements of section 600.
a. Conversion of older dwellings for limited commercial use;
b. Accessory apartments in a residential zone;
c. Conversion of Single family dwelling to a Two-family dwelling;
d. Conversion of Prior Multi-family Housing;
e. Traditional Home Enterprise;
f. Home Occupation - General;
g. Major Home Business.
h. Churches and religious institutions.
203.1 The following uses and no others shall be permitted by right in Commercial Districts:
a. Personal service shop (e.g. barber shops, tailor shops, offices), private non-profit club or lodge.
b. Any accessory use customarily incidental to any permitted use.
203.2 In commercial districts the following uses and no other uses shall be permitted by special exception according to the general requirements of these regulations and the specific requirements of Section #600.
a. Stores or shops for conducting any retail business, banks, heating or electrical businesses, wholesale businesses, warehouses.
b. Restaurants (specifically excluding drive-in restaurants); theaters and places of public recreation (specifically excluding arcades); public utilities; public garage or automobile showrooms; newspapers or job printing.
c. Any use customarily incidental to any special exception.
d. Accessory apartments in a commercial zone.
e. Conversion of a single family dwelling to a two-family dwelling.
f. Storage and maintenance of refuse collection vehicles.
(Revised 01/08/02)
204.1 Purpose. The historic development pattern in the Borough of Bantam consists of a mixture of commercial, office, industrial and residential uses.
The purpose of this district is to provide opportunities for productive reuse of substantial
non-residential buildings consistent with this historic pattern and in a manner that will minimize conflict with neighboring residential uses.
204.2 The following uses and no others shall be permitted by right in the special use district:
a. Business or professional offices or studios including but not limited to the office or studio of an artist, architect, accountant, author or composer, attorney, consultant, engineer, designer, real estate, sales representative, surveyor and similar uses.
Application Requirements and Use Criteria. As a part of the application for approval the
applicant shall submit:
- a Site Plan meeting the requirements of Section 500 of these regulations, and
- a written description of the type and nature of the proposed business or professional use including projected traffic generation.
204.3 The following uses and no other uses shall be permitted by special exception according to the requirements of these regulations and the specific requirements of section 600. All applications shall include a Site Plan meeting the requirements of section 500 of these regulations, and a written description of the type and nature of the proposed
activity.
a. Retail uses.
b. Restaurants, including outdoor or patio dining, provided no drive-up curb or window service is permitted.
c. Light industrial uses including product assembly, shops for custom work, repairing or
fabrication, printing and publishing and similar uses provided the use shall:
d. Indoor Sport facility (Revised 4/6/04)
e. Storage and Warehousing: is located in the same lot with a primary use and it is contained within a building(s), occupies not more than 40% of the gross floor area of all buildings on the lot.
- involve operations all of which are conducted within a fully enclosed building.
- Not involve a fire or explosion hazard presenting a dangerous exposure to adjacent property.
- Not emit any smoke (other than from the building heating system) visible to the naked eye from a vent, stack, chimney, or combustion process,
- Not involve a product or process requiring the use of any material classified as a Hazardous Material as an integral element of the proposed production,
operation, or use,
- Not generate a ground-transmitted vibration perceptible to the human sense of touch measured at the lot line,
- Not generate odor (gas, vapor or particulate matter) that can be detected at the property line,
- Not create an electrical disturbance that adversely affects any operation or equipment other than those of the creator of the disturbance.
204.4 General Standards for all Special Exceptions in the Special Use District.
a. The applicant shall demonstrate that there is sufficient parking on the lot for employees and customer/client traffic generated by the proposed use.
b. Retail sale or display of any product produced on the premises in association with any permitted use, providing the floor area devoted to retail sales requires no more than 50% of the buildings total floor area.
204.4 Additional requirements for all permitted uses and Special Exception uses. Uses and lots in this district shall meet the following additional requirements.
a. Where a lot abuts a boundary of a residential district the Commission may require a landscape screen along the district boundary line. Where required, such landscape screen shall be not less than 5' in width or 4' in height consisting of existing or a mix of planted trees and shrubbery.
b. The applicant shall submit a plan for the use, handling and storage of Hazardous Materials associated with the proposed use.
(formerly 204,ch.6/6/95)
205.1 The following uses and no other shall be permitted by right in industrial districts as noted below;
a. Any industrial or manufacturing use permitted by law and which is not dangerous by reason of fire or explosion nor injurious or detrimental to the neighborhood by reason of dust, odor, fumes, waste, noise, vibration or other noxious or objectionable feature.
b. Any accessory use customarily incidental to any permitted use.
(formerly 204, ch. 6/6/95)
206.1 The boundaries of the Streambelt Overlay District are as shown on a map titled Bantam Streambelt Overlay District Map, which is on file in the Borough of Bantam and is made a part of these Regulations.
Within the Boundaries of the Streambelt Overlay District, the requirements of this district as stated herein shall apply in adition to the requirements of the underlying zone. In the event of conflic of land use regulations, the most restrictive shall apply.
206.2 Statement of Purpose and Values - Streambelt Overlay District
The relatively irreplaceable quality of the lakes, streams, and groundwaters can and has been seriously affected by adverse activities within adjacent soils, topography, and flood prone areas. Natural environmental corridors along watercourses and groundwater areas that consider soil limitations, topography and flooding are know as "Streambelts". The Bantam River has qualified as a National Wildlife and Scenic River and recommended to be protected by local action. The purpose of this regulation is to protect the Bantam River and the steams that feed into it within Bantam Borough. The major specific purposes of this streambelt overlay district are to:
a. Protect water quality of perennial streams and subsurface waters (aquifers).
b. Preserve the capacity of the natural drainage courses on perennial streams to carry normal and stormwater flows. This will greatly reduce the need of future costly flood control measures.
c. Multiple desirable aspects of the streambelt such as scenic beauty , recreation opportunity, fish and wildlife habitat, contrasts in the landscape and buffer zones between incompatible land uses will be maintained for present and future generations.
d. Overall the purpose of this regulation is to protect and benefit the future public health safety, and welfare.
206.3 Definitions
As used in these regulations:
a. "Streambelt" - means the natural environmental corridors along watercourses and groundwater areas that are delineated by soil limitations, topography and flood prone areas and as more specifically described in Section 205.9.
b. "Critical components" - means the most important areas of the streambelt which include:
--the watercourse of a defined stream including banks, beds and water.
--Lands subject to stream overflow.
--Associated wetlands.
--Shorelines of lakes and ponds associated with the stream.
--Areas in proximity of streams where certain development or land uses probably would have adverse environmental effects, i.e., pollution and health hazards, erosion and sedimentation, destruction of ecological systems.
c. "Additional components" - means additional area of importance to be included in the streambelt area which may include:
--Contiguous lands with special environmental values, i.e., wildlife habitat, esthetic, public recreation, scenic, historic, etc.
--Potential water development sites of public significance.
--Other areas necessary as links to form a continuous streambelt system.
d. "Borough" - means Borough of Bantam, Connecticut.
e. "Commission" - means the Planning and Zoning Commission of the Borough of Bantam, Connecticut.
f. "Person" - means any person, firm, partnership, association, corporation, company, organization, or legal entity of any kind, including municipal corporations, government agencies, or subdivision thereof.
206.4 Streambelt Overlay District Map
The land area within this district shall be as shown on the Streambelt Overlay District Map. The delineation of this district is based upon soil types, critical components and additional components (as defined in Section 205.3) and a system of streambelt delineation both as determined by the U.S. Soil Conservation Service. The delineation of the Streambelt Overlay District as shown on the Streambelt Overlay District Map shall be presumed to be correct. This presumption may be rebutted by an applicant based upon a detailed soil survey of the site in question made by a Commission approved soil scientist at the applicant's expense.
206.5 Activities Requiring a Special Exception Permit
a. All activities involving removal or deposition of material, or any obstruction, construction or alteration of the streambelt, except as provided in Section 205.7 shall require a special exception permit from the Commission.
b. All uses of land and building permitted by right or by special exception within the underlying district shall be a special exception use within the Streambelt Overlay District.
c. All activities within the Streambelt Overlay District that require a permit from the Litchfield Inland Wetlands Commission shall require a special exception permit from the Commission.
206.6 Standards and Criteria for a Special Exception Permit with the Streambelt Overlay District
All special permit applications shall comply with the following standards and criteria.
a. Site Plan Requirement. Where a proposed activity involves the removal or deposition of any material or the construction of a building, road, driveway or other activity resulting in the alteration of the streambelt the applicant shall submit a site plan as per the standards set forth in these regulations.
b. Where the Commission determines that the proposed activity will impact the streambelt the applicant shall be required to submit information concerning the environmental impact of the proposed activity on the streambelt. Such statement shall provide an assessment of the impact of the proposed activity on the functions of a streambelt as stated in Section 205.2, including impact upon stream water quality, groundwater quality, storm water drainage capacity, trees and vegetation, erosion and sedimentation and other components of the streambelt as identified in Section 205.3.
The Commission shall not approve any application unless it determines and finds that the proposed development (1) will not result in appreciable harmful effects to the streambelt, its purposes and values, and (2) has been designed and conceived with a view toward the protection of the streambelt.
206.7 Activities Requiring No Permit
a. Operations and uses as listed below shall not require a permit from the Commission, unless the activity involves removal or deposition of material, or any obstruction, construction or alteration of the streambelt.
b. Activities requiring no permit are:
--Wildlife preserves, preservation of scenic, historic, natural, and scientific areas and nature study.
--Forestry and wildlife habitat.
--Agricultural activities including plant nurseries, cropland, hayland and livestock pasture providing erosion and pollution are controlled.
--Outdoor recreation areas such as parks, playgrounds, campsites, golf courses, hunting areas and trails.
206.8 Review of the Streambelt Areas of Bantam, Connecticut.
a. The Commission may solicit input as deemed necessary on all streambelt applications from the Town Conservation Commission, the Litchfield County Soil and Water Conservation District and the King's Mark Environmental Review team.
206.9 Delineation of Streambelts
The streambelt shall include the following soils and designated setback areas, as shown on the "Streambelt Overlay District Map".
Areas directly associated with streams and their tributaries as shown on USGS topographical maps (with solid blue line) and consisting of the soils as specified in the following groupings shall be included in the streambelts. Setbacks start at the top of banks of the streams and their tributaries. Soils are classified by Natural Soils Groups as determined by the Soil Conservation Service, USDA for Connecticut. (Refer to ÒKnow Your LandÓ publication.)
SOIL GROUPS
A-1a, A-1b (Yellow on map) Excessively well drained terrace soils with slopes less than 15 percent. Setback 150 feet.
A-1d, a-1e (Intermediate yellow on map) Well drained terrace soils with slopes less than 15 percent. Setback 150 feet.
The streambelt shall include the areas of these soils that because of proximity to the streams, the soil patterns, steepness of slope, or surface water drainage require controlled land use to minimize the hazard of pollution, erosion and sedimentation. As a minimun, the streambelt setback shall be 150 feet from any of the following: The top bank of stream, its floodpain soil, or poorly or very poorly drained soils adjacent to the stream.
A-1c (yellow on map) Excessively well drained soils with slopes steeper than 15 percent. (Terrace Escarpments) Setback - All Included
Shall include terrace escarpments that are adjacent to either the stream, floodplain soils, or poorly drained or very poorly drained soils adjacent to the stream.
A-2 (dark yellow on map) Moderately well drained terrace soils. Setback - All included
Shall include areas of these soils adjacent to either the stream, floodplain soils, or poorly or very poorly drained soils adjacent to the stream.
A-3 (purple on map) Poorly and very poorly terrace soils. Setback - all included.
B-3 (purple on map) Poorly or very poorly drained auland soils- all included
C-3 (purple on map) Poorly or very poorly drained upland soils, over hardpan. Setback - all included
Shall include these soils where they are adjacent to either the stream or floodplain soils.
B-1a, B-1b, B-1c (light green on map) Well drained upland soils with slopes less than 15 percent. Setback - 150 feet
C-1a, C-1b, C-1c (Light red on map) Well drained upland soils, over hardpan with slopes less than 15 percent. Setback - 150 feet
Sufficient areas of these soils shall be included to provide suitable width and continuity for a streambelt to meet public objectives. As a minimum, the streambelt setback shall be 150 feet from any of the following: the top of bank of stream, its floodplain soil, or poorly drained soils adjacent to the stream.
B-1d, B-1e (Intermediate green on map) Well drained upland soils with slopes more than 15 percent. Setback - 200 feet
C-1d, C-1e (Intermediate red on map) Well drained upland soils over hardpan, slopes no more than 15 percent- 200 feet
Shall include sufficient areas of these soils that because of proximity to the streams, the soil pattern, or surface water drainage require controlled land use to minimize the hazard of pollution or erosion and sedimentation. As a minimum the streambelt setback shall be 200 feet from the top of bank of the stream, its floodplain soil, or poorly or very poorly drained soils adjacent to the stream.
B-2 (Dark green on map) Moderately well drained upland soils. Setback - 150 feet
C-2 (Dark red on map) Moderately well drained upland soils ( over hardpan ). Setback - 150 feet
Shall include sufficient areas of these soils to provide suitable width and continuity for a streambelt to meet public objectives. As a minimum, the streambelt setback shall be 150 feet from any of the following: the top of bank of the stream, its floodplain soil, or poorly or very poorly drained soils adjacent to the stream.
D-1 (Brown on map) Rocky or very rocky upland soils with slopes less than 15 percent. Setback 200 feet.
Shall include areas of these soils where proximity to the streams, soil patterns, or surface water drainage require controlled land use to minimize the hazard of pollution or sedimentation. As a minimum, the streambelt setback will be 200 feet from the top of the bank of the stream, its floodplain soil or poorly or very poorly drained soils adjacent to the stream.
D-2 (Brown on map) Rocky and very rocky upland soils with slopes more than 15 percent and extremely rocky soils. Setback - 300 feet
Shall include areas of these soils where proximity to the watercourse and soil pattern or surface water drainage require controlled land use to minimize the hazard of pollution or erosion and sedimentation. As a minimum, the streambank setback will be 300 feet from the top of the bank of the stream, its floodplain soil or poorly drained or very poorly drained soils adjacent to the stream.
E. (Orange on map) Floodplain soils. Setback - All Included
Shall include all floodplain soils.
F. (Purple on map) Marsh and swamp soils. Setback - All Include
Shall include the area of these soils which adjoin the stream or its floodplain.
(July 1993)
207.1 Floodplain regulations, on file at the Bantam Borough Hall, affect all activities in special flood hazard areas, particularly those designated as Zone A on the Borough of Bantam Flood Insurance Rate Map (FIRM), dated October 15, 1981, on file in the Bantam Borough Hall.
ARTICLE III
SECTION 300: AREA, WIDTH, AND OTHER DIMENSION REQUIREMENTS
RESIDENTIAL DISTRICTS
_____________________________________________________________________________
REQUIREMENT -------------R-20----------- R-40------------ R-80---------------- R-120
_____________________________________________________________________________
Minimum Lot Size
Square Feet ------------------20,000--------- 40,000---------- 80,000-------------- 120,000
_____________________________________________________________________________
Minimum Square 1 ------------100 ft.---------- 150 ft.---------- 200 ft ----------------200 ft.
_____________________________________________________________________________
Minimum Street 2
Frontage -----------------------80 ft.---------- 100 ft.-----------125 ft.--------------- 150 ft.
_____________________________________________________________________________
Setback From Street
Line (Front Yard) 3------------ 20 ft.----------- 25 ft.------------ 50 ft.---------------- 50 ft.
_____________________________________________________________________________
Setback from Side
Line 4 ------------------------- 15 ft.----------- 20 ft.------------ 40 ft.---------------- 40 ft.
_____________________________________________________________________________
Setback from Rear
Line 4 ------------------------- 15 ft.----------- 20 ft.------------ 50 ft.---------------- 50 ft.
_____________________________________________________________________________
Maximum % of lot
coverage -----------------------15% -----------25% -------------10% -----------------10%
_____________________________________________________________________________
Maximum Building
Height --------------------------35 ft.---------- 35 ft.------------- 35 ft.----------------- 35 ft.
_____________________________________________________________________________
Minimum Habitable
Floor Area / Family
/ D.V.--------------------------750 sq.'-------- 750 sq '---------- 750 sq '---------------750sq' sq_______________________________________________________________________
1. The shape of a lot shall be such that a minimum square of the specified side dimension can be placed entirely within the lot.
2. For an interior lot the street frontage requirement shall be measured along the lot line which intersects with the accessway.
3. The building line is the line parallel to the road right-of-way line at a distance equal to the depth of the front yard requirement.
When a lot fronts on a street with a R.O.W. which is less than 50 feet wide, the building line setback shall be measured from a point 25 feet from and parallel to the center line of the street.
4. An unattached accessory building may set back no less than 10 feet from a side or rear lot line if the building is no more than 15 feet high or no more than 75% of the height of the principal residence.
SECTION 300: AREA, WIDTH, AND OTHER DIMENSION REQUIREMENTS
COMMERCIAL, INDUSTRIAL, SPECIAL USE DISTRICTS (am.6/6/95)
________________
REQUIREMENT --------------COMMERCIAL------ INDUSTRIAL----- SPECIAL USE
_____________________________________________________________________________
Minimum Lot Size
Square Feet ----------------------40,000----------------- 40,000------------ 40,000
_____________________________________________________________________________
Minimum Square 1 ----------------150 ft------------------ 150 ft.------------- 150 ft
_____________________________________________________________________________
Minimum Street 2
Frontage --------------------------100 ft.------------------ 100 ft.------------- 150 ft
_____________________________________________________________________________
Setback From Street 3
Line (Front Yard) ------------------25 ft.------------------- 25 ft.--------------- 25 ft
_____________________________________________________________________________
Setback from Side 4
Line --------------------------------25 ft.------------------- 25 ft.--------------- 25 ft
_____________________________________________________________________________
Setback from Rear
Line 4 ------------------------------25 ft.------------------- 25 ft.--------------- 25 ft
______________________________________________________
Maximum % of lot
coverage ---------------------------70%-------------------- 70%--------------- 70%
_____________________________________________________________________________
Maximum Building
Height -----------------------------45 ft.-------------------- 45 ft.---------------- 45 ft
_____________________________________________________________________________
1. The shape of a lot shall be such that a minimum square of the specified side dimension can be placed entirely within the lot.
2. For an interior lot the street frontage requirement shall be measured along the lot line which intersects with the accessway.
3. The building line is the line parallel to the road right-of-way line at a distance equal to the depth of the front yard requirement.
When a lot fronts on a street with a R.O.W. which is less than 50 feet wide, the building line setback shall be measured from a point 25 feet from and parallel to the center line of the street.
4. An unattached accessory building may set back no less than 10 feet from a side or rear lot line if the building is no more than 15
In a R-40, R-80 or R-120 residential districts, the Commission may approve a lot which does not meet the street frontage requirement but is served by an accessway from a public street, provided that:
a.- where the lot is less than twice the minimum lot size requirement for the district in which it is located, the accessway shall be no less than 20 wide feet along its entire length.
b.- the Commission may approve an interior lot that has an area of more than twice the minimum lot size requirement, only if said lot is served by an accessway which is no less than 20 feet wide along its entire length.
c.- in an R-40 district the minimum lot size for an interior lot shall be 60,000 square feet.
d.- the lot shall meet all other minimum area and dimensional requirements of these Regulations (see #300).
e.- the area of the accessway shall not be included in the computation of the minimun lot size requirement.
f.- the Commission finds that the proposed accessway terrain has no slope in excess of 18% over a distance of more than 100 feet and that the accessway is otherwise satisfactory for fire and emergency vehicle use.
The Commission may approve no more than one interior lot for every five lots in a subdivision.
The height limitations specified in these regulations shall not apply to ornamental cupolas, belfries, chimneys, flag poles, silos, solar heating collectors, solar towers or churches, nor to radio and television masts, tanks and elevators, heating, ventilating, air conditioning or similar equipment located on the roof of a building and not occupying more than 25% of the area of the roof, except for solar heating collectors.
a. Buildings or structures which exceed the height limitations set forth herein pursuant to this exception shall be located from all required side yards by a minimum distance equal to the height of said building or structure.
b.The commission may approve as a Special exception a Town
building or structure in a residential zone with a building height
greater than that allowed in the zone provided the applicant
demonstrates the functional need for the additional height and the
maximum building height shall not exceed 45 feet.
The required set back distances shall not apply to fences or walls 6 feet or less in height nor to necessary retaining walls or to unroofed terraces, but no fence, wall or terrace shall be located within the right of way of any street. Fences located
within the setback area shall have the finished or ÒgoodÓ side of
the fence facing the adjacent property.
ARTICLE IV
General Regulations
No building, structure or lot shall be used or occupied and no building shall hereafter be erected, moved or altered except in conformity with these regulations. Any use not specified as permitted in these regulations is prohibited.
Any lawful use of a building or land existing at the effective date of these Regulations may be continued subject to the following conditions:
a. A nonconforming use shall not be enlarged or extended, except that the Commission, upon application made to it by the owner of the land and following a public hearing advertised in the manner required for a change in these Regulations, may permit the enlargement or the expansion of a non-conforming use of a parcel of land not exceeding three acres in size if it finds that in permitting such expansion or enlargement that the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured. Site plan approval according to Section 500 is Required.
b. A nonconforming use may be changed to a nonconforming use of the same or more restricted classification, but, such use shall not then be permitted to change back to a less restrictive classification.
c. Any structure legally nonconforming in use which is damaged or destroyed by fire, explosion, act of God or the public enemy may be rebuilt and the use continued, but not to any greater extent than in the previously existing structure.
Any lot existing as a separate parcel and not complying with the minimum area or width of lot requirements set forth in these Regulations at the time of adoption may, not withstanding such fact, be approved for a use permitted by these Regulations provided the owner owns no adjacent land which may, without undue hardship to him be included as part of the nonconforming lot to make it conform to these Regulations.
No lot shall be reduced so that the area of the lot or the dimensions of the required open space shall be smaller than herein prescribed.
On any lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a public street by obstructing the view.
Permits may be issued by the Zoning Commission for the following purposes, but only under conditions which will safeguard the character of the neighborhood:
410.1 A circus, carnival or similar type of entertainment for a period of not more than 10 days.
410.2 A nonconforming temporary building shown to be necessary pending construction of a conforming building or use, for not more than one year, but renewal permits for successive periods of six months each may be granted.
410.3 Trailers may be used as an office and/or living quarters for a janitor or watchman incidental to construction or development of the premises on which the trailer is located.
410.4 The Commission may authorize issuance of a temporary permit, for a limited period not to exceed six moths in one year calendar, for a road side stand or booth or shed for the retail sale of farm produce, milk, honey, cider, pastry, preserves, or other foods or non-alcoholic beverages, or other products of home manufacture or products at least 50% of which have been grown, made or produced upon the premises, and the remainder of which have been raised, made or produced within the Borough of Bantam. Every such stand shall be back from the established lot line, and parking shall be provided in compliance with Section 440 of these Regulations. The Commission shall not issue such permit prior to 10 days following the mailing of notices of the pending application to the property owners adjacent to the property for which permit is sought. This section specifically prohibits the sale of ready-to-eat food from any powered or towed vehicle. The commission may hold a public hearing on any application for a zoning permit under
this subsection.
410.5 The Commission may issue, for a fee of $5.00, permits for tag sales, each permit valid for one sale of up to three consecutive calendar days. Said permits will be available only to Borough residents and may only be used at one's own residence. Each residence may have up to three tag sales per calendar year. The fee may be waived in cases involving non-profit organizations. Tag sales will be permitted during day light hours only. Four signs will be allowed for each tag sale, two on the property on which the sale is being conducted, and two directional signs which may be posted elsewhere, provided that the person posting said signs has the permission of the owner of the land on which the signs are to be posted. The directional signs must have written on them the name of the person conducting the sale, and must be removed at the conclusion of the sale.
a. No trailer shall be parked off the public highways in the Borough of Bantam and used for sleeping, occupancy or living quarters for a period exceeding five (5) days without a written permit issued by the Zoning Enforcement Officer stating the approved location of the trailer and the maximum number of occupants for which the trailer is approved. On a lot occupied by a single family detached dwelling, one visiting trailer may be parked for a period of not more than four (4) weeks in any calendar year.
b. No such permit shall be issued by the Zoning Enforcement Officer until the Town Health Officer has notified the Zoning Enforcement Officer stating the approved location of the trailer and the maximum number of occupants for which the trailer is approved.
c. Such permit shall be issued for a period of thirty (30) days and may be renewed once for an additional period of thirty (30) days unless the Town Health Officer has withdrawn his approval of the trailer in which case no renewal permit shall be issued.
d. At the expiration of the permit, or at the expiration of the renewal permit if the same has
been issued, said trailer shall be ineligible for a period of one year for a new permit anywhere within the Borough of Bantam.
e. The provisions of this section shall not apply to an owner of a trailer storing his trailer on his property provided that such trailer is not used for sleeping, occupancy or living quarters.
f. A "trailer" is any trailer, mobile home or other vehicle used, or so constructed as to permit its use, for sleeping occupancy or living quarters for one or more persons and which is or may be mounted on wheels so as to permit its being conveyed from one location to another under its own power or attached to a power driven vehicle.
No structure shall be used, erected or expanded for the sale of alcoholic beverages if the center of any entrance of the portion of the set structure which is used for the sale of alcoholic beverages is situated within a 1,500 foot radius of any other parsal of land which is used for public or private school, public park, place of workship, shareable institution, a hospital or library, with the exception of the a restaurant permit consisting of section 30-22C of the Connecticut Liquor Control Act and Regulations. Such permit shall allow the retail sale of wine and beer, but no other alcoholic liquor except cider not exceeding six percent of alcohol by volume, to be consumed on the premises.
No structure shall be used, erected or expanded as a public garage or any combination use such as a public garage/convenience store if the center of any entrance of the portion of said structure which is used for any of the purposes set forth in this section is situated within a 1,500 foot radius of any other parcel of land which is used for a public garage or any combination use such as a public garage/convenienc
The owner of any property may, on his own land, erect any advertising sign not exceeding 16 square feet in area to advertise a business conducted by him on that land, or to advertise that he is marketing from roadside structures, produce raised or goods manufactured or produced on that land, except for regular residential signs where a 12" x 24" size limit would be imposed on the sign.
I. General: The first of this section is to assure that sufficient and safe off-street parking and loading is provided and maintained to accommodate all vehicles using the particular use of occupancy of land, buildings, or other structures. If any existing use requires additional off-street parking and loading spaces, the additional spaces shall be provided for the new use in accordance to standards herein specified.
II. Parking Standards for the Number and Location of Parking Spaces:
Off-street parking spaces shall satisfy the following minimum requirements with regard to number of parking spaces and location. Parking spaces shall be located to the side or rear of a building wherever possible.
A. Dwellings: Two spaces for each dwelling unit located on
same lot with the dwelling.
B. Dwellings for two families and more: Two spaces for each
family and located on the same lot.
C. Traditional Home Enterprises: Two additional spaces in
addition to space required by regulations A and B above
and located on the same lot with the dwelling,
located in the rear or side of the principal dwelling.
D. Places of worship, places of assembly, indoor theaters,
and funeral homes: One space for each four seats and located on a lot or lots within a radius of 500 feet. If the building is located in a residen
E. Restaurants and food service establishments: One space
for each 100 square feet of patron area plus one space
for every two employees employed at one time, and
located on the same lot within a maximum distance of 300
feet from the facility.
F. Carry out restaurant and fast food establishments: One
space for each 100 square feet of patron space plus one
space for every two employees employed at any one time,
and located on the same lot.
G. Retail stores, businesses and professional offices,
medical offices and financial institutions: One space
for each 100 square feet of total ground floor area of the
building and 300 square feet of total upper floor area and
300 square feet of basement area, and located on the same
lot with the building or within 300 feet in direct line
from the facility. For retail sto
professional offices, total floor areas need not include
stairs, corridors, toilet facilities, mechanical space
and bulk storage areas.
H. Antique dealerships and Boutique Shops: Four patron
spaces and one space for each employee.
I. Hotels, motels, or rooms to be let in a dwelling: One
space for each sleeping room plus one space for each
two persons employed and located on the same
lot as the building.
J. Warehouses, wholesale businesses, contractor businesses,
manufacturing establishments, processing or assembly of
goods, printing and publishing establishments,
woodworking, sheet metal, blacksmith, welding, machine
shops, and the like: One space for each one and a half
employees during the largest work shift period and located
on the same lot with the facility or a lot within 500 feet in direct line from the facility.
K. Temporary farm stands: One space for each five li
feet of such stand and located on the same lot with the
stand.
L. Parking, other uses: Sufficient off-street parking shall
be provided in connection with any use listed in
connection with any use listed in paragraphs A-K and
shall be appropriate as deemed adequate by the Planning
and Zoning Commission to preserve the intent of this
section.
III. Classification of Uses: Whenever two or more classifications apply to a use of a lot, building or other structure, the standard providing the larger number of parking spaces shall apply. When separate parts of the building or structure are used for purposes requiring different numbers of parking spaces, the number of spaces shall be determined by adding the number of spaces required for devoted uses.
IV. Loading Space Standards: Any building or other structure except one used as a dwelling, place of worship or public assembly, having a gross floor area in excess of 4,000 square feet shall have an o-street loading space for each 20,000 square feet of gross square footage or fraction thereof, excluding any basement space. The commission may waive all or a portion of the loading space requirement if in its opinion such spaces are not necessary for the proposed use.
V. Construction and Design Standards: All off-street parking and loading spaces shall be suitably surfaced, graded, stabilized and maintained such that proper and adequate drainage of storm water is obtained and does not flow onto any state or public road or adjacent property. All parking spaces in connection with the proposed use shall be located not less than 10 feet from any private, public or state right of way.
VI. Size of Parking Spaces: All parking spaces shall measure at least nine feet by eighteen feet (9 x 18) exclusive of driveways and unless specifically approved by the commission. All parking spaces, except for one and two-family residences, shall be marked by painted lines, railroad ties, concrete bumpers or other means.
VII. Parking Aisles: For all parking spaces except for one and two-family dwellings, parking aisles off interior driveways shall be of adequate width to serve a particular design arrangement of parking spaces, the following being the minimum width permitted:
Design arrangement One-way aisle Two-way aisle
90 degree parking 24 feet 24 feet
60 degree parking 18 feet 24 feet
45 degree parking 13 feet 24 feet
30 degree parking 11 feet 24 feet
VIII. Handicapped Parking: Parking shall be provided for the physically handicapped in accordance with the building codes of the state of Connecticut.
IX. Landscaping of Parking Spaces: Shall be divided into areas containing not more than 10-15 vehicles by permanent barriers, landscaped strips or raised walks.
The Commission may determine that this requirement is not
necessary or appropriate where one of the following conditions exists;
- the proposed parking is to the rear of a
-the proposed parking is to the side or front of a building
and the parking lot design conflicts with traffic circulation
safety or the commission finds that an alternative landscape
treatment will better provide for improvements to the
appearance of the streetscape.
X. Parking Lot Lighting: Any lighting used to illuminate any required off-street parking shall be directed downward and shielded from view from the adjacent property. The maximum height of such lighting shall be 14 feet high.
XI. Modification of Standards: The Planning and Zoning Commission, in connection with the approval of a site plan under these regulations, may modify Off Street Parking and / or Loading as follows:
A. The Commission may authorize off-street parking and/or
loading spaces less in number than specified if the
commission determines that all of the following standards
and conditions are met.
1. The number of spaces provided on the site plan are
sufficient to accommodate the vehicles of all persons using and visiting the particular use or occupancy of land, building or other structures.
using and visiting the particular use or occupancy
of land, building or other structures.
2. This special exception shall be applicable only to the particular use or occupancy of land, buildings or other structures specified in the application. Such modification shall become null and void in the event that such use, occupancy, or ownership is changed.
450.1 - Statement of Purpose:
This regulation establishes standards and requirements
for antennas and personal wireless communication facilities.It
has been drafted in consideration of the telecommunications act of 1996.
The purpose of the regulation is to regulate the placement of
antennas, towers, and other commercial personal wireless service facilities, to protect the Boroughs visual quality, and to safeguard the safety of the community and:
- to require the information necessary to evaluate the proposed facility
- to establish locations least disruptive to the public health, safety and welfare of the Borough consistent with the Borough plan
- to minimize adverse visual effects through proper design, siting and vegetative screening.
- to avoid potential damage to adjacent properties.
- to minimize the height of antennas and to prohibit towers in the densely developed Bantam Borough section of the town of Litchfield.
- to provide for the orderly removal of abandoned antennas and towers.
450.2 Definitions
When used in this section, the following words or phrases shall have the meaning defined below:
ANTENNA: A device used to receive or transmit telecommunications or radio signals.
PERSONAL COMMUNICATIONS SERVICES (PCS): A wireless
transmission technology in the 1.8 - 2.2 GHZ ultra-high frequency (UHF) range utilized for analog and digital voice transmission and video and data transmission.
PERSONAL WIRELESS COMMUNICATION FACILITIES OR REGULATED FACILITIES:
The equipment and structures used to receive or transmit telecomunications or radio signals and to transmit signals to another wireless site, another communications source or receiver or to a central switching location.
TOWER: A lattice structure or frame work, or monopole, that is designed to support Personal Wireless Service transmission,receiving and relaying support antennas and/or equipment.
PERSONAL WIRELESS SERVICE PROVIDER: An entity, licensed by the FCC to provide Personal Wireless Services to individuals or institutions.
450.3 Exempted Wireless Communication Facilities:
This regulation specifically exempts the following Wireless Communications Facilities: Police, Fire, Ambulance and other Emergency Dispatch; Amateur (HAM) Radio; Citizens Band Radio; an existing Commercial Radio Tower; Radio Dispatch services for local businesses; and roof mounted Satellite Uplink dishes, less than 1.8 meters in diameter, utilized by local businesses.
450.4 Prohibited Wireless Communnication Facilities
No new construction of a free standing tower for wire communication services shall be permitted within the boundaries of the Borough of Bantam.
450.5 Site Selection Policies - Preferred Areas:
The preferred location of antennas and wireless facilities shall be:
a. Antennas - On existing communications towers or existing buildings, water towers, or other suitable structures or utility structures.
b. On Borough or Town owned land or buildings where the Borough and/or the Town has determined that such Borough owned or Town owned land or building is appropriate for an antenna.
450.6 Application Requirements:
All applications for antennas and wireless facilities subject to local zoning authority shall be filed with the Commission and shall include:
a. The exact legal name of each person seeking a Special Exception, the address or principal place of business and phone number of each such person. If any applicant is a corporation, trust, association or other organized group, it shall also give the state under which it was created or organized.
b. Topographic - Location Map. The applicant shall provide a topographic location map at a scale of 1 inch = 2,000feet showing:
- The antenna or wireless facility location.
- Existing and proposed towers in and outside the Borough or the Town that would connect or be interconnected with or "hand off" to the proposed facility.
- The boundaries of the antenna viewshed ie: the area within which the antenna can be seen based upon an assessment of the topography surrounding the site.
- An evaluation of the visual effect of the proposed antenna location within the Borough and land within 1,000 feet of the Borough boundary.
c. A Site Plan application in accord with the requirements of Article V Section 500 and the additional site plan requirements of this section.
450.7 Permitted Uses:
450.7-I Antennas. Where the Commission determines that an antenna proposed on an existing structure or building meets the following criteria (a, b or c below), such antenna or wireless facilites shall be allowed as a permitted use subject to submission of site plan in accord with the requirements of Article V, section 500.
a. An omnidirectional or whip antennas with a length of 20 feet or less and 7 inches or less in diameter, provided its material matches the exterior of the building or structure to which it is attached.
b. A directional or panel antenna, or clusters of same.Provided individual antennas are 6 feet or less in height and 2 feet or less in width and its material matches the exterior of the building or structure to which it is attached.
c. A satellite and microwave dish antennas 6 feet or less in diameter attached to a building provided the building or rooftop mount is located or screened so it is not visible from abutting public streets.
450.7-II Other Regulated Facilities Allowed as a Permitted Use.
a. Camouflaged. A regulated facility which is completely camouflaged and not recognizable as part of the wireless facility such as within a flag pole, steeple, chimney or similar structure.
b. Existing Structure. A regulated facility on an existing structure (whether or not it is conforming in terms of height) including but not limited to a guyed, lattice, or monopole tower, fire tower or water tower, provided it does not increase the height of the existing structure by more than 20 feet.
c. Utility Structure. An antenna(s) located on an electric transmission and distribution tower, telephone pole and similar existing utility structure. The installation may increase the height of the existing structure by no more than 20 feet.
450.8 Special Exception Requirements:
All applications not meeting the above criteria shall require a Special Exception and the application shall be subject to 450.4 above and the following submission requirements, standards and criteria:
a. Facility Plan Proposal Report: Where required by the Commission the Applicant shall submit a written report prepared by qualified expert(s) including:
- A description of the service area for the regulated facility.
- The rationale and justification for the proposed antenna or regulated facility in the proposed location.
b. Rendering: A rendering drawn to scale depicting the antenna or regulated facility showing all wireless service facilities with details and dimensions, including any lighting, colors and accessory elements.
c. Assessment of Site emissions: List each transmitter to be utilized, its frequency limits, signal bandwidth, and the upper limit of both peak and average power of each transmitter. List also the characteristics of any emergency or back-up power source to be situated at the site, including noise level specification if electromechanical. Where required by the applicant shall provide an analysis of the combined worst case RF power density computed using FCC Office of Science and Technology Bulletin 65 in comparison to the applicable FCC power density standards.
d. A Site Plan: A site plan meeting the requirements of these regulations showing the following:
- The antenna or regulated facility location.
- Areas of construction or improvement, including any service or access road to the site.
- The boundaries of the antenna fall zone.
- The location of any approved or proposed buildings or construction adjacent to the site.
The following areas on, or adjacent to the site, shall be shown either on the Site Plan or a separate Existing Conditions Map.
- Protected Areas
- All inland wetlands and watercourses.
- Critical habitats for plants and animals.
- Historic structures or sites, unusual features, buildings, monuments, or areas.
- Permanently protected lands, such as State Park and forest lands, land protected by a land trust.
e. Landscape and Screening Requirements:
Existing vegetation on and around the site which will screen the facility from view from the road shall be preserved to the greatest extent possible.
Where required by the Commission, a planting plan shall be provided to screen building(s), fuel tanks, or other structures associated with the facilities.
The Commission may require an evergreen screen surrounding a regulated facility site where necessary to protect residential property values. Such screen shall be a row of evergreen trees (planted 10 feet on center maximum). Where necessary plantings shall have a minimum of 6 feet at time of planting and be of a type that grow to a minimum of 15 feet at maturity. The Commission may accept any combination of existing vegetation, topography, walls, or other features provided it meets or exceeds the above evergreen screen requirement.
f. A Construction Plan Map: A construction plan map prepared by a Connecticut licensed engineer showing construction and drainage details, including the access road and construction or drainage improvements, including above-ground wires, cables, ducts, utility and signal cables.
g. A list of all federal, State, regional, district, and municipal agencies, which have or will conduct a review of the proposed facility together with a copy of any position/decision/recommendation of such agencie or board with respect to the proposed facility, including but not limited to:
- Copies of all submissions and showings pertaining to FCC licensing; Environmental Impact Statements; FAA Notice of Construction or Alteration; Aeronautical Studies; and, all data, assumptions and calculations relating to service coverage and power levels unless the facility is subject to a categorical exemption from Routine Environmental Evaluation under FCC rules.
450.9 Other Requirements.
a. Commercial advertising shall not be allowed on an antenna or tower.
b. Signal lights or illumination shall not be permitted unless required by the FCC or FAA.
c. Wherever feasible, underground electric power service shall be provided to the site.
d. All other uses not clearly necessary to the operation/maintenance of the antenna or regulated facility and associated equipment are prohibited, unless expressly approved as a condition of the exception.
A related unmanned equipment and/or storage building(s) shall be permitted provided it contains no more than 750 square feet of gross floor area and is not more than 12 feet in height.
450.10 Removal
A personal wireless service facility not used for six months shall be removed by the facility owner. This removal shall occur within 90 days of such six month period. Upon removal the site shall be restored to its previous appearance and, where appropriate, re-vegetated to blend with the surrounding area.
ARTICLE V
The following Regulations shall apply to the submission and approval of site plans when required as part of an application for uses of land, buildings and other structures permitted in the residential, commercial and industrial districts. All provisions of this section are in addition to other provisions applicable in the district in which the use is located.
500.1 Application - The site plan, submitted to the zoning enforcment officer shall include the following:
a. Statement of use: A written statement
describing the proposed use in sufficient
detail to determine compliance with the
provisions of these Regulations; four (4)
copies shall be submitted.
b. Site plan: Four (4) copies of a site plan
drawn to sufficient scale to show the following information, both existing and
proposed, as applicable to the particular
application; property lines and lines
delineating the land to be used under the
application; contours at an interval not
exceeding two feet or equivalent ground
elevations; buildings, structures,
retaining walls, signs and outdoor
illumination facilities; streets,
driveways and off-street parking and
loading spaces; outside storage areas and
all paved areas; water courses, ponds and
wetlands; storm drainage and sewerage
disposal and water facilities;
landscaping, including trees and/or
shrubs, lawn, other landscape features and
natural terrain not to be disturbed. The
site plan shall be prepared by a
professional engineer, architect land
surveyor or landscape architect licensed to practice in the State of Connecticut.
c. Architectural plans: Architectural plans,
required to be submitted in connection
with the establishment of certain uses of
land, buildings and other structures as
specified in the commercial and industrial
districts 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, prepared, except drawings for
signs, by an architect or professional
engineer licensed to practice in the State
of Connecticut.
d. Waiver: The Commission, upon written request by the applicant, may by resolution waive the required submission of that part of the information specified under paragraphs of that part of the information specified under paragraphs (b) and (c) if the Commission finds that the
information is not necessary in order to
decide on the application.
500.2 - Duties of the Commission - The purpose of the site plan required herein is to aid the Commission in determining the conformity of a proposed building, use or structure with the provision of these regulations. A site plan may be modified or denied only if it fails to comply with the requirements set forth in these regulations. Approval of a site plan shall be presumed unless a decision to deny or modified it is rendered within sixty-five days after receipt of the site plan. If required, a public hearing on the site plan shall be held within sixty-five days after receipt of the site plan. The Commission must decide whether to approve, modify and approve or deny the site plan within sixty-five days after completion of the hearing. All such hearings shall be advertised in the same manner as that required for an amendment to the Zoning Regulations.
500.3 - Performance Bond - Upon approval by the Commission, the applicant may be required to post a performance bond in form and amount satisfactory to the Commission, and with a bonding company licensed to do business in the Sate of Connecticut, as surety conditioned on the carrying out of any conditions or safeguards imposed, and providing that in case of default, the surety shall promptly take any and all steps necessary to comply with said conditions.
ARTICLE VI
Special Exception Requirements
In accordance with the procedures, standards and conditions herein-after specified, the Commission may approve a special exception in a district where such uses are listed. All requirements of this section are in addition to other requirements applicable to the district in which the special exception is to be located.
Uses permitted as special exception uses subject to the approval of the Commission are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards of this section. Special exception uses that may be permitted in a district are unusual uses that under favorable circumstances will be appropriate, harmonious and desirable uses in the district but that possess such special characteristics that each use should be considered as an individual case.
Application for a special exception shall be submitted in writing to the Commission and shall also be accompanied by the following:
a. Statement of Use: A written statement describing the proposed use in sufficient detail to determine compliance with the use provisions of these Regulations; four (4) copies shall be submitted.
b. Site Plan: Four (4) copies of a site plan, in accordance with the provisions of Section 500.
c. Architectural Plans: Four (4) copies of architectural plans, which may be in preliminary form, in accordance with the provisions of Section 500.
d. Waiver: The Commission, upon written request by the applicant, may by resolution waive the required submission of that part of the information specified under paragraphs (b) and (c) if the Commission finds that the information is not necessary to decide on the application.
e. Fee: A fee of $75.00 for public hearing expenses.
The Commission shall hold a public hearing on the application, shall decide thereon and give notice of its decision as required by the provisions of Section 8-3c of the General Statutes. The applicant may consent in writing to an extension of time for public hearing and action on the application.
After the public hearing the Commission may approve a special exception if it shall find that the proposed use and the proposed buildings and structures will conform to the general standards in addition to any special standards for particular uses hereinafter specified. Approval of an application under this section shall constitute approval conditioned upon completion of the proposed development, in accordance with plans as approved, within a period of two (2) years after the date of approval of the application for a special exception. One extension of such period for an additional period not to exceed one (1) year may be granted by the commission for good cause. All special exceptions may be approved subject to appropriate conditions and safeguards nessessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.
The proposed use and the proposed buildings and structures shall conform to the following General Standards:
a. Character: The location, type, character and extent of the use and of any building or other
structure in connection there-with shall be in harmony with and conform to the appropriate and orderly development of the Borough and the
neighborhood and shall not hinder or discourage the appropriate development and use of adjacent
property or impair the value thereof.
b. Fire Protection: The nature and location of the use and of any building or other structure in
connection therewith shall be such that there will be adequate access to it for fire protection purposes.
c. Access: Provision shall be made for vehicular access to the lots in such a manner as to avoid
undue hazards to traffic or pedestrians and undue congestion on any street. Provision shall be
made for appropriate continuation and improvement
of streets terminating at the lot where the use
is to be located.
d. Lot Size: The lot on which the use is to be established shall be of sufficient size and
adequate dimension to permit conduct of the use and provision of buildings, other structures and
facilities in such a manner that will not be
detrimental to the neighborhood or adjacent
property.
e. Neighborhood: The site plan and architectural plans shall be of a character 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 the beauty of the community.
a.. The purpose of this section is to provide for the limited office or commercial use of the older, larger dwellings on the Borough's main streets while preserving the appearance and condition of these structures as dwellings of historic significance.
b. Any dwelling located on a lot which abuts Route 202 and which was built prior to January 1,1902 may be
converted for one of the following uses provided the dwelling shall retain it's original appearance as a
dwelling after conversion:
- a business or professional office or studio including but not limited to the office or studio of
an artist, architect, accountant, author or composer,
attorney, consultant, engineer, designer, real estate,
sales representative, surveyor and similar uses, or
- a shop for the retail sale of dry goods and merchandise, including but not limited to, antiques, books, clothing
and other dry goods, including health foods but not including a general grocery store, bakery, drug store,
convenience store or other similar high volume, high turnover uses, or
- a shop for personal service use such as a beauty salon, barber shop, or
- a shop for the preparation and sale of art and craft products, such as painting and illustrating, wood-
carving and cabinet making, ceramics, writing, sculpture, ornamental glass and metal artwork.
b. Any Dwelling located on a lot which abuts the easterly side of Route 209 and which was built prior to
January 1,1902 may be converted for the following use provided the dwelling shall retain it's original appearance as a dwelling after conversion:
- a business or professional offices or studios including but not limited to the office or studio of an artist,
architect, accountant, author or composer, attorney, consultant, engineer, designer, real estate, sales
representative, surveyor and similar uses.
c. Visible evidence of the use outside the dwelling shall be limited to activities expressly permitted in the
approval including:
- permitted signs, providing all lighting associated with a sign shall be external to the sign,
- exterior lighting may be permitted provided all exterior lights with the exception of "motion sensitive" lighting
for security purposes shall be off not later than 10 PM.,
and,
- off street parking spaces provided it is in compliance with Section 440 of these Regulations and that the
commission may require screening of parking areas to protect the neighboring residential property.
d. A site plan meeting the requirements of Section 500 of these regulations, and A written description of the type and nature of the proposed use including projected traffic generation.
The Commission may approve an application for an accessory apartments based upon evaluation of the above general standards and the following specific conditions. Conditions a-d shall apply to accessory apartments in a commercial zone or in a 100 year or older residence converted for limited commercial use under section #606. Conditions a-e shall apply to an accessory apartments in a residence.
a. The building is structurally sound and safe as determined by the Building Inspector.
b. An accessory apartment shall contain at least 500 square feet and shall have a maximum floor area equal to no more than 45% of the total residence floor area. Additions may be made to the side or rear of the building, but no addition shall exceed 200 square feet. Only one such apartment is permitted.
c. Parking shall be provided in accordance with section 440 of these regulations.
d. The apartment shall have it's own outside access and shall be equipped with it's own kitchen, bath
and utility services. If the building is served with the Town sewer system, the applicant shall
show that the projected added sewage volume is
approved by the Town Sewer Commission. If the
building is served by an on-site subsurface sewage disposal system and/or water supply system, the
apartment may utilize these systems if approved by the Torrington Area Health District, but a
complete new sanitary system may be required if either the existing system is inadequate for the
proposed use or if insufficient data is available concerning the nature of the existing system(s).
e. For an accessory apartment in a residence the owner shall reside on the property. The special exception shall become null and void if the residence is not occupied by the owner of the property. A change in ownership of a residence with an accessory apartment will require a new application for lawful occupancy of the apartment. If an apartment is not occupied for one year of more, an new application must be approved before the apartment is reoccupied.
In the Borough of Bantam, conversion of single family, residential dwellings to two family dwellings are a permitted use of property following the grant of a special exception provided that the dwelling is owner occupied. Any special exception granted by the Commission should be recorded in the office of the borough clerk by the record owner of the property prior to the time the special exception becomes effective. Further more, the owner of said property shall record in Litchfield land records that there is a special condition attached to the property. The special exception will also be subject to the following conditions:
a. The intent of this section is to provide suitable uses for larger homes the conversion of which into
two residential dwelling units is, by virtue of contemporary demographic conditions and economic
circumstances, in the public interest and
beneficial to the health and welfare of thecommunity.
b. The use of such homes shall be limited to residential use and the total number of dwelling units in a structure shall not exceed two.
c. Each dwelling unit shall contain a minimum of 750 square feet, and shall include its own complete
kitchen and bath facilities, and utility services.
If the residence is served by town sewer system, the applicant shall show that the
projected added sewage volume and proposed connection is approved by the Town Sewer
Commission. If the residence is served by an on-site subsurface sewage disposal system and/or water system, the two family units may utilize
these systems if approved by the Torrington Area Health District but a complete new and/or
independent sanitary system or water supply system may be required if either existing system
is inadequate for the proposed use or if insufficient data is available concerning the
nature of the system(s).
d. Parking spaces shall be provided in compliance with Section 440 of these Regulations.
The orderly an regulated reconversion of housing originally constructed and used for multi-family housing may be permitted by the commission subject to the following specific intent, standards and requirements.
a. The intent of this section is to provide additional housing opportunities and the option to re-establish the use and appearance of old large structures which were originally designed for a multi-family housing use.
b. The conversion shall be for residential use only.
c. The applicant shall document that the structure proposed for conversion was originally designed
and used as a multi-family residence. For the purpose of this subsection multi-family shall mean
3 or more dwelling units within a single
structure.
d. The applicant shall show that the proposed reconversion is compatible with the original interior design, especially in terms of the number and size of dwelling units. Wherever possible, the conversion shall be compatible with the original exterior appearance of the multi-family structure.
e. The multi-family dwelling shall be served by the public sewer system.
f. Parking shall be provided in compliance with Section 440 of these Regulations.
a. Statement of Purpose. Refuse collection is recognized as a necessary public service. This
section of the regulation provides for the storage and maintenance of refuse collection vehicles in a
Commercial District according to the following
standards and criteria established to permit this
type of use in locations and sites which will not tend to depreciate property values.
b. The lot area and dimensional requirements shall be as specified in Section 300 of these Regulations, that the required setback for any building or parking area shall be 50 feet and the total maximum percentage of building and parking area coverage shall Be 70%.
c. The lot shall have direct access to a State highway which shall be shown on the site plan The applicant shall provide documentation that the proposed site plan has been submitted for review by the Conn. State Dept. of Transportation and the Commission shall consider any comment by said Department in its decision.
d. The application shall include a plan for the use handling, storage and disposal of any hazardous material used in connection with the storage,repair and maintenance of the vehicles.
e. Where the lot abuts a residential zone there shall be no parking or storage area within the side or rear yard setbacks and the Commission may require a landscape architect as a part of the site plan (see Section 500) showing how the side and rear yard will be screened from the abuttingresidential zone.
f. Parking areas for refuse vehicles shall be setback 50 feet from the street line and screened from
view from any public street as shown on a landscape plan prepared by a registered landscape architect as part of the site plan (see Section
500).
a. Statement of Purpose. The purpose of this Special Exception is to provide the opportunity for
housing for the elderly, owned and operated by the Borough of Bantam, Town of Litchfield, or
Litchfield Housing Authority, subject to the
general standards of this section and the
following standards and requirements.
b. Definition of Housing for the Elderly. For the purpose of this section housing for the elderly shall be defined and limited to dwelling units designed exclusively for the needs of single persons aged 62 or over or couples with at least one member aged 62 or over and conforming to State and Borough requirements for housing forthe3 elderly.
c. Eligible Applicants. Applicants for this special exception shall be limited to the Borough of Bantam, the Town of Litchfield or the Litchfield Housing Authority.
d. Specific Standards and Requirements. The following specific standards and requirements shall apply to
all special exception housing for the elderly applications. The applicant shall submit a site plan in conformance with the requirements of
Article V and the following.
1. The maximum number of dwelling units per building shall be four.
2. One and one half on site parking spaces shall be provided for each dwelling unit.
3. All dwelling units shall be served by a public water and a public sewer system.
4. Maximum number of dwelling units per acre shall be four.
5. Minimum lot area shall be 10 acres, minimum lot width on a public street shall be 50 feet and the lot shall be served by an access strip which shall be not less than 50 feet wide at all points.
6. All land on the site not devoted to building, parking spaces or other development shall remain in permanent open space.
7. Uses on the site shall be limited to dwelling units for the elderly, accessory uses and recreational facilities for active and passive recreation.
8. All buildings shall have suitable access for emergency vehicles and shall be reviewed and approved by the Fire Marshall.
9. With the exception of the street front property line or property lines adjacent to a non
residential district all property lines shall have a 15' continuous buffer of natural and mixed
planting which shall be maintained to screen adjacent residential property.
A. Statement of Purpose - The purpose of the traditional home enterprise section of t-made or home-grown goods and produce. Primary qualifying criteria for uses in this category are that the goods or product must be grown or made on the premises by the resident of the property or members of the family. The restrictions in this regulation are designed to keep the traditional home use in scale with residential use of the neighborhood and to assure that it does not expand into a commercial retail business activity selling goods which are not home produced.
B. Special Exception Required. All traditional home enterprise uses shall require a special exception. Failure to comply with the conditions of the special exception shall be grounds for revocation of the special exception. The special exception is valid for a period of two years, and must be renewed by the applicant.
C. Uses Permitted. The following uses shall be permitted as a traditional home enterprise.
1. Preparation and sale of those products usually produced in a single home, garden farm, or nursery provided that such are entirely createdon the premisses such as: home baking, needlework, dressmaking, tailoring, fruits and produce, home preserves and the like.
2. Preparation and sale of the products of arts and crafts based on individual talent, provided such are created entirely on the premises by the residents of the premises, such as painting and illustrating, wood carving and cabinet making, ceramics, writing, sculpture, ornamental glass and metalworking and the like.
D. Uses Not Permitted. Uses not permitted in this category include but are not limited to: barber shops, beauty shops, dancing schools, karate schools, restaurants, printing shops, employment agencies, radio stations and the like..
E. Standards and Criteria. The following standards and criteria are established to determine qualification and regulation of traditional home enterprise uses.
1. The use must be conducted by the resident and members of the family only. Tenants are required to fully inform the owner of the proposed enterprise and obtain the owner's written consent to submit a traditional home enterprise special exception application.
2. The home enterprise use shall be clearly secondary to the use of the premises as a residence.
3. No finished consumer goods shall be acquired for sale in connection with a home enterprise use.
4. There shall be no external evidence of the home enterprise use other than a sign not to exceed twelve (12) inches by twenty four (24) inches for a residence (see the sign section of the regulations). A farm stand for the sale of home grown produce on a seasonal basis shall be subject to section 410 of the Bantam regulations.
5. Other limitations and requirements can be established for parking, limits to floor area, traffic impact, noise and electrical interference.
A. Statement of Purpose - The purpose of the General Home Occupation section of these regulations is to enable Bantam residents to conduct limited business activities in residential areas providing they do not jeopardize the public health, safety, and convenience of, or alter the residential character of the neighborhood. It is intended to provide economic opportunities which may provide employment, stimulate commerce, furnish necessary local services, and facilitate volunteer emergency services while preserving the nature of the Borough of Bantam.
B. Special Exception Required. All General Home Occupation uses shall require a special exception. Failure to comply with the conditions of the special exception shall be grounds for revocation of the special exception. The special exception is valid for a period of two years, and must be renewed by the applicant.
C. Standards and Criteria. The following standards and criteria shall be applied by the Commission in reviewing and deciding upon any application for a General Home Occupation Special Exception:
1. The total floor area occupied by the home occupation use shall be not more than thirty three (33) percent of the primary residence's habitable floor area, as defined in section 101 of these regulations, when no accessory building, basement, or garage is used. When the basement, garage, or accessory buildings are used for the home occupation use, no more than ten (10) percent of the habitable floor space of the primary residence may be used.
2. The Home Occupation may occupy an accessory building if the location and appearance of the accessory building is consistent with the residential character of the lot and the neighborhood, and it can be demonstrated that the type and intensity of the proposed use in the accessory building will not alter the residential character of the lot. Buildings with a commercial appearance, size, and scale such as metal barns, quonset huts, concrete block construction and the like shall not be considered compatible with the residential nature of the Borough.
3. The application shall include building layout plans clearly drawn to scale showing the floor area and layout of the residences and / or accessary building in square feet devoted to the home occupation use.
4. The appearance of the lot and structures on the lot shall not be altered in a manner that would cause the residence to differ from its residential character either by use of materials, construction, lighting, signs, or the emission of sounds, vibrations, or electrical impulses.
5 No more than two (2) nonresident persons shall work on the residential lot in association with the home occupation use.
6. There shall be no exterior storage of goods, supplies, or other material associated with the home occupation.
7. Off-Street parking shall be provided to accommodate the parking needs of the home occupation. The Commission may limit the number of parking spaces, designate their location, and specify screening as conditions of the special exception.
8. There shall be only one (1) commercially registered vehicle with a maximum capacity of one (1) ton permitted on the lot.
9. The home occupation may be conducted by the owner of the residence or the tenant, provided the owner has been fully informed of the use and has given his written consent for the tenant to submit a General Home Occupation special exception application.
10. Parties for the purpose of selling merchandise or taking orders are considered to be the equivalent of tag sales, and shall be subject to section 410.5 of the regulations.
A. Statement of Purpose - It is recognized that there may be certain residential properties within the Borough of Bantam which, due to their unique characteristics, may be suited for more intense business usage than allowed in the general home occupation regulation. Providing such usage shall not jeopardize the public health, safety, and convenience of, or alter the residential character of the neighborhood or reduce property values, the Commission shall review each application giving special regard to each locale's distinctive qualifications. The granting of a special exception shall not constitute a precedent for a similar use on any other lot.
B. Special Exception Required. All major home business uses shall require a special exception. Failure to comply with the conditions of the special exception shall be grounds for revocation of the special exception. The special exception is valid for a period of two years, and must be renewed by the applicant.
C. Standards and Criteria. The following standards and criteria shall be applied by the Commission in reviewing and deciding upon any application for a major home business special exception:
1. The total floor area occupied by the home business use shall be not more than thirty three (33) percent of the primary residence's habitable floor space, as defined in section 101 of these regulations, when no accessory building, basement, or garage is used. When the basement, garage, or accessory buildings are used for the home business use, no more than ten (10) percent of the habitable floor space of the primary residence may be used.
2. The home business may occupy an accessory building if the location and appearance of the accessory building is consistent with the residential character of the lot and the neighborhood, and it can be demonstrated that the type and intensity of the proposed use in the accessory building will not alter the residential character of the lot. Buildings with a commercial appearance, size, and scale such as metal barns, quonset huts, concrete block construction and the like shall not be considered compatible with the residential nature of the Borough.
3. The application shall include building layout plans clearly drawn to scale showing the floor area and layout of the residence and / or accessory building in square feet devoted to the home business use.
4. The application shall include plot plans drawn to scale, showing clearly proposed areas for the major home business use, proposed screening, parking, road access, and any other areas affected by the use.
5. The applicant shall, at the request of the Commission, provide documented decibel level data related to the proposed use.
6. The appearance of the lot and structures on the lot shall not be altered in a manner that would cause the residence to differ from its residential character either by use of materials, construction, lighting, signs, or the emission of sounds, vibrations, or electrical impulses.
7. The applicant for the special exception for a Major Home Business shall be the owner resident of the property.
D. Considerations and Special Exception Conditions. In its decision, the Commission may weigh the following factors and attach related conditions for the purpose of minimizing the proposed use upon the neighbors.
1. All Major Home Business uses.
a. Lot location / remoteness.
b. Lot size and shape.
c. Safe access to roadway.
d. Amount of traffic generated.
e. Adequate parking.
f. Placement and screening of parking.
g. Hours of operation.
h. Proximity to neighbors and their driveways.
i. Lighting.
j. Decibel levels.
k. Natural sound barriers.
l. Interior or exterior business activity.
m. Potential noise abatement measures.
n. Number of on site employees.
2. Commercial Vehicle and / or Construction Equipment Garaging and Storage. The proximity and affect of the vehicles and their storage on the neighbors are the primary factors which the Commission will consider in establishing conditions for approval.
a. The lot size and its shape.
b. Number of vehicles and equipment.
c. Garaging facilities.
d. Proposed placement of vehicles and equipment
e. Proposed screening, type and placement.
f. Proximity to neighbors.
g. Potential noise generation.
h. Safe access to roadway.
i. Frequency of transit.
j. Hours of operation.
k. Amount of accessory equipment and its storage.
l. Lighting
ARTICLE VII
A soil erosion and sediment control plan subject to the requirements of this Section shall be submitted with any application for development when the disturbed area of such development is cumulatively more than one-half acre. A single family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations
A. Definitions
--"Certification" means approval by the Bantam Zoning Commission (hereinafter "the Commission") or its designated agent that a soil erosion and sediment plan complies with the applicable requirements of these regulations.
--"Disturbed area" means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
--"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
--"Inspection" means the periodic review of sediment and erosion control measures shown on the certified plan.
--"Regulations" means any regulations adopted y a
municipality pursuant to s8-2, s-13d and s8-25 of
the General Statutes.
--"Sediment" means solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
--"Soil" means any unconsolidated mineral or organic material of any origin.
--"Soil Erosion and Sediment Control Plan" means a
scheme that minimizes soil erosion and sedimentation
resulting from development and includes, but is not
limited to, a map and narrative.
B. Information and Requirements
A soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from storm water runoff on the proposed site based on the best available technology. Mapped information as required below shall be shown separately or as a part of the site plan and construction plan. Said plan shall contain, but not be limited to:
1. A narrative describing the:
--development project
--time schedule for:
--all major construction activities indicating the anticipated start and completion of development
--creating and stabilizing disturbed areas
--grading operations
--applying erosion and sediment control measures and facilities onto the land
--design criteria, construction details, detailed installation/application procedures and maintenance program
--soil erosion and sediment control measures
2. A site plan map to reveal:
--existing and proposed topography
--proposed area alterations
--disturbed areas, identifying the extent of all proposed clearing and grading activities
--location of and other detailed information
concerning erosion and sediment control measures
and facilities.
C. Minimum Acceptable Standards
1. Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in Chapter 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 completed; and does not cause off-site erosion and/or sedimentation.
2. The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Commission may grant exceptions when requested by the applicant if technically sound reasons are presented.
3. The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as mended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.
D. Issuance or Denial of Certification
1. The Commission shall either certify that the soil erosion and sediment control plan complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.
2. Nothing in these regulations shall be construed as extending the time limits for the approval of any application under Chapters 124, 125A or 126 of the General Statutes.
3. Prior to certification, any plan submitted to the Borough may be reviewed by the Litchfield County Water and Soil Conservation District which may make recommendations concerning such plan, provided such review shall be completed within thirty days of the receipt of such plan.
E. Conditions Relating to Soil Erosion and Sediment Control
1. Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.
2. All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
F. Inspection
Inspections during development shall ensure compliance with the certified plan and that control measures and facilities are properly performed, installed and maintained.
ARTICLE VIII
Administration
Any person, firm or corporation who shall violate any provision of these Regulations shall be subject to the penalties set forth in Section 8-12 of the Connecticut Statutes, as amended, which penalties are expressly incorporated herein and made a part hereof. The proper authorities of the Borough of Bantam or any person, firm or corporation, may institute any appropriate action or proceedings to enforce the provisions of these Regulations or to prevent, restrain, enjoin, correct or abate any violation of these Regulations, as may be authorized by law.
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These Regulation shall be enforced and administered by the Borough Planning and Zoning Commission or its duly appointed agent in accordance with the provisions of these Regulations.
Before any land, building or structure is devoted to a new or changed use, or before the erection of alteration of any structure is commenced, a zoning permit shall be obtained from the zoning officer. Application for such permit shall be on a form approved by the commission and all information requested thereon shall be provided in written form and certified correct by the applicant. The fee for said permit to cover administration costs, shall be determined by the zoning commission.
The Zoning Officer shall keep on file and available to the public, a full and accurate record of all application, permits and violation records required by these Regulations.
Any zoning permit issued under these Regulations but for which no work is commenced within six months from the date of issuance shall expire by limitation, unless an extension is granted by the Planning and Zoning Commission.
In interpreting and applying these Regulations, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. These regulations shall not be deemed to affect in any manner whatsoever any easements, covenants or agreements between parties, provided, however, that where these regulations impose a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving or alteration of buildings, that are imposed by other ordinances, or by easements, or covenants or agreements, the provisions of these regulations shall prevail.
There shall be a Board of Appeals to have the following powers and duties:
A. To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of these Regulations.
B. 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 generally 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.
C. Whenever the Zoning Board of Appeals grants or denies a variance to these Zoning Regulations applicable to any property or sustains or reverses wholly or partly any order, requirement or decision appealed from, it shall state upon its records the reasons for its decision and the Zoning By-law, ordinance, or regulation which is varied in its application and, when a variance is granted, describe specifically the exceptional difficulty or unusual hardship on which the decision is based.
D. All applications and appeals shall be accompanied
by a fee of $75.00 to cover the cost of
advertising and processing.
E. All appeals to the Zoning Board of Appeals and
all applications presented to the Zoning Board of
Appeals shall be processed, following due notice
and public hearing, in accordance with all
applicable procedures prescribed in Chapter 124
of the Connecticut General Statutes, as the same
may be amended.
ARTICLE IX
These Regulations may be amended by the Commission on its own initiative or when initiated by a written petition. Any amendment may be adopted only after due notice and public hearing as prescribed by the provisions of Chapter 124 of the Connecticut General Statutes, as the same may be amended, and adherence to all other procedural requirements set forth in said Chapter 124. Any petition or amendment shall be prepared and submitted in accordance with any rules for submission of petitions adopted by resolution of the Commission.
If any section, paragraph, clause or provision of these Regulations shall be declared by a Court of competent jurisdiction to be invalid, such decision shall apply only to the section, clause or provision so adjudged and the remainder of these Regulations shall be deemed valid and effective.
These Regulations shall take effect on November 23, 1982.
Revised : October 1984
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