V2.0

DECEMBER 1, 2011

Section 1.0: Authority, Purpose, Adoption and Retroactivity 7

1.1 Authority 7

1.2 Purpose 7

1.3 Adoption 7

1.4 Retroactivity 7

Section 2.0: Definitions 8

2.1 Interpretation and Use of Words 8

2.2 Definitions 8

SECTION 3.0: ESTABLISHMENT OF DISTRICTS 23

3.1 Zoning Districts 23

3.2 Zoning Map 23

3.3 Zoning District Boundaries 23

3.4 Uses by District 24

SECTION 4.0: ZONING DISTRICT REGULATIONS 25

4.1 High Density Residential District (R-20) 25

4.2 Medium Density Residential District (R-40) 25

4.3 Mobile Manufactured Home Land Lease Community (RM-40) 25

4.4 Low Density Residential District (R-60) 25

4.5 Rural Residential District (R-80) 26

4.6 Ledyard Center Village District-1 (LCVD-1) 26

4.7 Ledyard Center Village District-2 (LCVD-2) 27

4.8 Ledyard Center Village District-3 (LCVD-3) 27

4.9 Multi Family Village District (MFVD) 28

4.10 Gales Ferry Design District-1 (GFDD-1) 29

4.11 Gales Ferry Design District-2 (GFDD-2) 30

4.12 Resort Commercial Cluster District-1 (RCCD-1) 30

4.13 Resort Commercial Cluster District-2 (RCCD-2) 31

4.14 Industrial District (I) 32

4.15 Commercial Marine District (CM) 34

4.16 Neighborhood Commercial District (NC) 34

4.17 Commercial Industrial District (CIP) 34

SECTION 5.0: CONSERVATION SUBDIVISION DEVELOPMENTS 37

5.1 Applicability 37

5.2 Density and Bulk Requirements 38

SECTION 6.0: SITE PLAN REVIEW 39

6.1 Site Plans and Site Plan Reviews 39

6.2 Application Procedures 39

6.3 Review Procedures 41

6.4 Certificate of Use and Compliance 42

6.5 Site Plan Expiration 42

6.6 Site Plan Requirements 43

6.7 Additional Site Plan Requirements by District 48

SECTION 7.0: SPECIAL PERMITS 51

7.1 Purpose and Authority 51

7.2 Application for Special Permit 51

7.3 Special Permit Objectives 51

7.4 Public Hearing 52

7.5 Conditions of Approval 52

7.6 Enforcement 52

7.7 Amendments or Modifications to Special Permits 52

SECTION 8.0: SUPPLEMENTAL REGULATIONS 53

8.1 Accessory Apartment (In-Law Suite) 53

8.2 Accessory Structures and Uses 54

8.3 Adult Day Care Center 54

8.4 Amusement Parks, Water Parks 54

8.5 Antennas & Antenna Towers 55

8.6 Assisted Living for Seniors 56

8.7 Auto Service and Auto Rentals (with fuel sales) 57

8.8 Bed and Breakfasts 57

8.9 Boat Docks, Slips, Piers, Wharves & Buildings 57

8.10 Boat Rental, Sales, Storage, Supplies 57

8.11 Campgrounds 58

8.12 Carwash 59

8.13 Cemeteries 59

8.14 Child Day Care Center 60

8.15 Commercial Fishing/Lobstering/Shellfishing 60

8.16 Conference Center 60

8.17 Construction Trailers 60

8.18 Country Inn 61

8.19 Docks and Piers 62

8.20 Dwellings, Multiple Family (Apartments, Condominiums, Townhouses) 62

8.21 Dwelling, Single Family 64

8.22 Dwelling – Two Family (Duplex) 64

8.23 Educational Institution – Private 64

8.24 Family Day Care Home 65

8.25 Family Entertainment Center 65

8.26 Farm Stands 65

8.27 Field Sports, Court Sports, Pools, and Spas 65

8.28 Funeral Homes and Undertaking 65

8.29 Gas Station 65

8.30 Golf Course 65

8.31 Group Day Care Home 65

8.32 Helipad & Heliport 66

8.33 Home Husbandry 66

8.34 Home Occupations 70

8.35 Hoop Houses 73

8.36 Hospital and Clinic 73

8.37 Hotel 73

8.38 Kennels 73

8.39 Medical and Dental Clinic 74

8.40 Mining 74

8.41 Mini-golf 74

8.42 Mobile Manufactured Home Land Lease Communities 75

8.43 Motels 82

8.44 Motor Vehicle Repair and Body Painting 82

8.45 Motor Vehicle Dealership (includes repair) 82

8.46 Museums, Art Gallery, Cultural Institution 82

8.47 Nurseries, including Retail and Wholesale 83

8.48 Nursing Home and Residential Care Home 83

8.49 Office 84

8.50 Portable Storage Units 84

8.51 Pub & Tavern 85

8.52 Recreational Facility, Indoor 85

8.53 Recreational Facility, Outdoor 85

8.54 Recreational Vehicle and Power Equipment Vehicles Sales and Service 85

8.55 Recycling Center 86

8.56 Resort Facility 86

8.57 Riding Stable 86

8.58 Sawmills 86

8.59 Shooting Range 87

8.60 Theater, Indoor (Including Multiplex) 87

8.61 Theater, Outdoor 87

8.62 Transformer Substation 87

8.63 Veterinary Office & Clinic – Indoor 87

SECTION 9.0: SIGNS 88

9.1 General Requirements 88

9.2 General Sign Standards 88

9.3 Additional Sign Standards for Specific Districts 94

9.4 Application for a Sign Permit 95

9.5 Issuance of Sign Permits , Related Fees, & Expiration of Sign Permits 96

9.6 Hazardous, Obsolete, and Non-Conforming Signs 96

9.7 Violations and Removal of Unlawful or Unsafe Signs 97

SECTION 10.0: OFF STREET PARKING AND LOADING 98

10.1 General Requirements 98

10.2 Residential Districts (R-20, R-40, R-60, R-80) 98

10.3 Mobile Manufactured Home Land Lease Community (RM-40) 98

10.4 Ledyard Center Village Districts (LCVD-1, LCVD-2, LCVD-3) 99

10.5 Gales Ferry Design Districts (GFDD-1, GFDD-2) 99

10.6 Commercial, Industrial, & Special Use Districts (I, CM, NC, CIP) 100

10.7 Fee in Lieu of Parking 101

10.8 Shared Parking 101

10.9 Assisted Living for Seniors 102

10.10 Bed and Breakfasts 102

10.11 Country Inn 102

10.12 Home Occupations 103

10.13 Residential Care Home 103

10.14 Other Uses 103

SECTION 11.0: ALTERNATIVE ENERGY SYSTEMS 104

11.1 Small Wind Energy Systems 104

11.2 Solar Energy Systems 106

SECTION 12.0: NATURAL RESOURCES 107

12.1 Coastal Area Management 107

12.2 Soil Erosion and Sediment Control Plan 109

12.3 Flood Protection 110

12.4 Soil, Gravel and Stone Removal 118

SECTION 13.0: NON-CONFORMING USES, STRUCTURES, AND PROPERTY 121

13.1 Non-Conforming Uses, Structures, and Property 121

SECTION 14.0: MISCELLANEOUS 122

14.1 Changes in Use in Village, Design, and Commercial Districts 122

14.2 Prohibited Uses 122

14.3 Building on Non-Conforming Lots 123

14.4 Finish Grading 123

14.5 Replacement of Lawful Nonconforming Mobile Homes 123

14.6 Handicap Ramps for Residential Purposes 125

14.7 Interior Lots 125

14.8 Junk and Hobby Motor Vehicles 126

SECTION 15.0: ADMINISTRATION AND ENFORCEMENT 128

15.1 Interpretation 128

15.2 Enforcement 128

15.3 Permits 129

15.4 Stop Work Order 129

15.5 Violation Procedure 130

15.6 Bonding 130

15.7 Procedure for Changing Zoning Districts and Zoning Regulations 131

15.8 Public Hearings 131

15.9 Regular and Special Zoning Meetings 133

15.10 Zoning Board of Appeals 133

15.11 Agenda Scheduling 133

15.12 Aquifer Protection Agency 134

15.13 Fees 135

SECTION 16.0: VALIDITY AND RELATED TOWN REGULATORY MATERIAL 136

16.1 Validity 136

16.2 Related Town Regulatory Material 136

SECTION 17.0: AMENDMENTS 137

ATTACHMENT A: SCHEDULE OF PERMITTED USES ATTACHMENT B: AREA AND BULK TABLE ATTACHMENT C: PARKING TABLE ATTACHMENT D: DESIGN GUIDELINES

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Section 1.0: Authority, Purpose, Adoption and Retroactivity

2.1 Interpretation and Use of Words

A. For the purpose of these regulations, the following terms shall have the meaning given herein. The following terms shall be interpreted as follows:

(1) The masculine includes the feminine;

(2) The singular includes the plural and the present tense includes the future tense;

(3) The word "person" includes an individual, firm or corporation, limited liability company, trust, and federally recognized tribe;

(4) The word "shall" is always mandatory; the word “may” is permissive or discretionary;

(5) The word "lot" includes the word "plot" or "parcel;”

(6) The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied;"

(7) Any reference to a residence or residential district shall be interpreted to mean any district with the word "residence" in its title;

(8) A building or structure includes any part thereof;

(9) The words “zone”, “zoning district”, and “district” have the same meaning;

(10) The words “these regulations,” “the regulations,” “said regulations,” “the zoning regulations,” and “said zoning regulations,” shall be deemed to refer to the Zoning Regulations of the Town of Ledyard as may be amended.

2.2 Definitions

ABANDONMENT: The discontinuance of a use of property with the intent by its owner to voluntarily, intentionally, and permanently renounce said prior use, which may be inferred as fact from the surrounding circumstances. Failure to maintain a use for a specific period of time is not, by itself, sufficient to constitute abandonment. Failure to provide a Certificate of Continuing Conformance, when required by these regulations, constitutes abandonment.

ACCESSORY APARTMENT: A single dwelling unit, either (a) within a single family dwelling to provide housing to relatives of residents of the single family dwelling, and the single family dwelling is not externally distinguishable from the other single family dwellings in the neighborhood; or (b) located above or behind a principal non-residential use, to provide housing for the proprietor or caretaker, and his family, of the principal use.

ACCESSORY BUILDING: A building or structure whose use is customarily incidental to and subordinate to the principal use of the land or building and located on the same lot as the principle use.

ACCESSORY USE: A use of land, building, structure and/or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

ADULT DAY CARE CENTER: Any building or structure which is used to provide supervision for persons who are 18 years of age or older who may be elderly, physically ill, infirm, or physically handicapped such that they require daily supervision and medical treatment incidental to such supervision. The term does not include uses which provide residential, surgical, medical, or special treatment as relates to housing persons who have a chronic illness, disease or injury, or other condition that would require the degree and treatment provided by a nursing home or hospital.

AGE RESTRICTED HOUSING: Housing intended for residents age fifty-five (55) or older. Age restricted housing is subject to state and federal fair housing regulations, and may be single family dwellings, mobile manufactured homes, two-family dwellings, and multi-family dwellings. Age restricted housing proposed for development shall be so designated on any site plan submitted to the Zoning Commission for approval, and shall be subject to deed restrictions and covenants enforceable by the Zoning Official.

ALCOHOLIC LIQUOR: The sale of alcoholic liquor as defined in Chapter 545 of the Connecticut General Statutes, Liquor Control Act.

ANTENNA: A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip, panel, and dish antennas.

APARTMENT: A dwelling unit located (a) in a building consisting of one or more other dwelling units; (b) above or behind a commercial use; or (c) within a single family dwelling.

ARCHITECT: An individual or firm of Registered Professional Architects licensed to operate in the State of Connecticut.

ARCHITECTURAL REVIEW BOARD (ARB): Pursuant to CGS §8-2j, the ARB is the advisory board responsible for reviewing applications for all new construction and/or substantial reconstruction or rehabilitation within the Ledyard Center Village Districts 1, 2, and 3 (LCVD), and the Multifamily Village District (MFVD). The ARB may review applications for new construction and/or substantial reconstruction or rehabilitation with the Gales Ferry Design Districts 1 and 2 (GFDD). The ARB members shall include at least one architect, landscape architect or planner who is a member of the American Institute of Certified Planners. The ARB shall review applications and advise the Zoning Commission within thirty-five days of receipt of application if it does or does not comply with the Design Guidelines. The ARB advisory report shall be entered into the public hearing record and considered by the Zoning Commission in making its decision. Failure of the ARB to report within the specified time shall not alter or delay any other time limits imposed by the regulations.  

ART GALLERY: A structure or building utilized for the display of art work, including paintings, sculptures, and paints for view and/or sale to the public.

ARTIST STUDIO: A workshop or workroom for the creation of fine art and crafts such as painting, sculpturing, photography, or other handmade pieces of art for sale.

ASSISTED HOUSING: Housing which is receiving, or will receive, financial assistance under any governmental program for the construction or substantial rehabilitation of low and moderate income housing, and any housing occupied by persons receiving rental assistance under Chapter 319uu or §1437f of Title 42 of the United States Code, as defined by Connecticut.

ASSISTED LIVING FOR SENIORS: A multi-family dwelling development, for those who are in otherwise good health, that provides the support of services, both licensed and unlicensed, necessary to maintain its residents in a semi-independent life style. An assisted living facility may include convalescent care.

BARN: A building for the storage of farm products, feed, and/or the housing of farm animals or farm equipment located on a farm of three (3) acres or more. A barn shall be considered the principal structure if there is no residential structure on the tract, and an accessory structure if there is a residential structure.

BED AND BREAKFAST: An owner-occupied dwelling, with a valid Special permit, having five (5) or less guest rooms, without separate kitchen facilities in which overnight accommodations and meals are provided to travelers for a fee and for not more than twenty-one (21) consecutive days.

BOARDER: Same as Roomer, except the rent entitles the Boarder to the furnishing of board in addition to occupancy of a room.

BOAT RENTAL, SALES, STORAGE, SUPPLIES, CONSTRUCTION, AND REPAIR: Any building, structure, land area, dock, pier, slip, wharves, or other premises, or portion thereof used or designed to be used for the rental, sale, storage, construction, maintenance and/or repair of boats.

BUFFER STRIP: A strip of land unoccupied by buildings, structures or pavements and maintained as a grass strip and/or for the planting of trees or shrubs as required by these regulations.

BUILDING: A combination of materials to form an independent structure above grade, having a roof, resting on its own foundation and adapted to permanent and continuous occupancy for shelter, housing or enclosure of persons, animals, materials, businesses, industry, storage or other similar purposes.

BUILDING AREA: The maximum horizontally projected area of the building at or above grade.

BUILDING HEIGHT: The vertical distance from the average finished grade to the highest point of flat or mansard roofs (including the top of a parapet) or to the mean level between the eaves and ridge for gable, hip, or gambrel roofs. In the case of multiple roofs, the roof with the greatest height shall determine building height.

BUILDING LINE: A line drawn parallel to the center line of the traveled portion of abutting streets through the closest portion of the building.

BUILDING SETBACK LINE: A line parallel to the center line of the traveled portion of abutting streets at a distance equal or greater than the building line requirements in Attachment B between which and the front lot line no building or other structure or portion thereof, except as provided for in these regulations may be erected above ground level.

BUILDING OFFICIAL: The Town of Ledyard Building Department Building Official.

BULK REGULATIONS: Standards that control the height, density and location of a structure on a lot.

CAMPGROUND: An area used for transient occupancy not to exceed thirty (30) days per year by camping in tents, camp trailers, travel trailers, recreational vehicles, or similar movable or temporary sleeping quarters of any kind.

CERTIFICATE OF OCCUPANCY: A certificate issued by the Building Department, or its agent, stating that a structure conforms will all appropriate plans, codes and standards.

CERTIFICATE OF USE AND COMPLIANCE: A certificate issued by the Zoning Official stating that a building and/or use complies with the provisions of these regulations.

CHANGE OF USE: Within a lot, a change from a pre-existing non-conforming use or structure, or from an abandoned use or structure, or from a use or structure listed in Attachment A to another use or structure listed in Attachment A for the district. A change within a unit to a use listed in Attachment A that exists in another unit within the same structure does not constitute a change of use.

CHANGE OF USE, MINOR: A change from a use of a lot to a use listed in Attachment A for the district that will not result in additional dwelling units, additional employees, additional clients or customers, additional floor space, site modification, additional refuse, additional traffic, a change in building footprint, an increase in impermeable surface, or additional parking requirements.

CHILD DAY CARE CENTER: A place which offers or provides a program of supplementary care to more than twelve (12) related or unrelated children outside their own homes on a regular basis as provided in Connecticut General Statutes §19a-77.

CLINIC: A place for the treatment of outpatients.

CLUB: An association of persons, one (1) of whom is the owner, lessee or occupant of an establishment operated solely for a recreational, social, fraternal, religious, political or athletic purpose whose activities are confined to the members and guests and are not extended to the general public, and includes the establishment so operated, but does not include such associations when the chief activity is a service customarily carried on for a business or primarily for a gain.

CLUSTER: A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures.

COASTAL SITE PLAN: The site plans, applications and project referrals listed in §22a-105 of the Connecticut General Statutes and are addressed in §12 of these regulations.

COMMERCIAL FISHING, LOBSTERING, SHELL FISHING BASE: A base of operations for the farming of the waters of the state and tidal wetlands on leased, franchised and public underwater farm lands.

COMMISSION: The Zoning Commission of the Town of Ledyard.

COMMUNITY RULES AND REGULATIONS: A policy statement conspicuously posted in each Mobile Home Land Lease Community that clearly states an intent to house persons who are fifty-five (55) years of age or older.

COMPLEX, COMMERCIAL OR INDUSTRIAL: A group of two (2) or more commercial or industrial businesses that share common parking and pedestrian spaces and signage.

CONDOMINIUM: The method of ownership in a multiple family project, such as an apartment or townhouse project wherein each dwelling unit is in a separate ownership but all other common features such as land, walls, hallways, roof and lobbies are in fractional or shared ownership.

CONFERENCE CENTER: A facility designed to accommodate service organizations, business or professional conferences and seminars limited to conference attendees.

CONSERVATION SUBDIVISION DEVELOPMENTS: Subdivision developments that comply with §5.0 of these regulations and the Town of Ledyard Subdivision Regulations.

CONTRACTOR'S EQUIPMENT: Commercial and/or construction vehicles other than pick-up trucks or vans, incidental to a commercial business.

CONVENIENCE STORE: Any retail establishment containing less than five-thousand (5,000) square feet offering for sale food, beverages, and other household supplies to customers.

COST: As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure as established by a detailed written contractor’s estimate. The estimate shall include, but is not limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor’s overhead; contractor’s profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

COUNTRY INN: An owner-occupied and owner-managed property providing, for a fee: overnight accommodations and meals to thirty-two (32) or fewer guests; and may customarily serve as a venue for corporate meetings, retreats, and social events.

DATE OF RECEIPT, STATUTORY: The day of the next regularly scheduled meeting of the Zoning Commission immediately following the day of submission of the application, or thirty-five (35) days after such submission, whichever is earlier.

DEVELOPMENT: Any man-made changes to improved or unimproved land, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

DESIGN GUIDELINES: The Design Guidelines contains the general policies applicable to new construction, site work, and design within the Ledyard Center Village Districts and the Gales Ferry Design Districts by establishing a range of appropriate responses to a variety of specific design issues. The purpose of the guidelines is to establish clear and easily understood criteria to guide applicants towards the desired development pattern, architectural scale and massing. The Design Guidelines are, by reference, made part of the Zoning Regulations.

DISTURBED AREA: An area of land which is subject to accelerated erosion due to the removal of vegetative ground cover and/or earthmoving activities.

DWELLING, CARE-TAKER UNIT: An accessory apartment on a nonresidential lot or in a non-residential structure occupied by the person and his family who oversees the nonresidential operation twenty-four (24) hours a day.

DWELLING, MULTIPLE FAMILY: A structure, or group of structures, on one (1) lot, each containing three (3) or more dwelling units, with each dwelling unit having either a separate or joint entrances. May include apartments, condominiums, townhouses, and cooperatives.

DWELLING, SINGLE-FAMILY: A single structure containing, as its principal use, a single dwelling unit.

DWELLING, TWO FAMILY (DUPLEX): One (1) building which contains two (2) separate apartments.

DWELLING UNIT: Any single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EQUIPMENT SALES AND REPAIR: Any building or structure utilized for the sale and rental including but not limited to small mechanical equipment, tools, construction equipment, tractors, etc. Included in this use is the incidental storage, maintenance and servicing of such equipment.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

FAMILY: An individual or any number of individuals related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit, with common access to, and with common use of, all living areas, eating areas, and all areas and facilities for the preparation and storage of food; or not more than three unrelated persons by blood, marriage, or adoption living together as a single housekeeping unit.

FAMILY DAY CARE HOME: A facility which consists of a private family home caring for not more than six (6) children, including the provider's own children not in school full time, where the children are cared for not less than three (3) nor more than twelve (12) hours during a twenty-four-hour period and where care is given on a regularly recurring basis except that care may be provided in excess of twelve (12) hours but not more than seventy-two (72) consecutive hours to accommodate a need for extended care or intermittent short-term overnight care. During the regular school year, a maximum of three (3) additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has more than three (3) children who are in school full time, all of the provider's children shall be permitted as provided in Connecticut General Statutes §19a-77.

FARM: A parcel of three (3) or more acres that may include principal and accessory buildings, used for farming and as an accessory use to the farming operations, the seasonal sale of agricultural or horticultural products produced on the parcel and on other local farms.

FARMING: The cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other mollusk shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. Puppies are not livestock. The grooming and/or boarding of puppies and/or dogs, and the breeding, whelping, raising, exercise, and/or training of puppies and dogs for show, sport, or sale, does not constitute farming and are not incidental to farming as herein defined.

FARM STAND: An accessory building in support of farming, specifically for the seasonal sale of products produced on local farms.

FILING, MAJOR: The excavating or relocating or the movement of two hundred (200) cubic yards or more to, on, or from any lot.

FILLING, MINOR: The excavating or relocating or the movement of two hundred (200) cubic yards or less, to, from, or on any lot.

FINANCIAL INSTITUTION: A building or structure utilized where financial and banking services are provided to customers or clients, including the maintenance of checking and savings accounts, certificates of deposits, etc., and the providing of related financial services associated with a bank.

FOUNDATION: A masonry substructure of a building.

FRONTAGE, LOT LINE: The length of the front line of a building lot abutting on a public road or street.

FUNERAL HOME: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funeral services or ceremonies.

GAS STATION: A business establishment offering gasoline or diesel fuel and accessory sales of other items.

GOVERNMENTAL INSTITUTION: A government owned or operated building, structure or land used for public purpose.

GRADING: Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

GROUP DAY CARE HOME: A program of supplementary care for not less than seven (7) nor more than twelve (12) related or unrelated children on a regular basis for a part of the twenty-four (24) hours in one (1) or more days in the week, or that meets the definition of a family day care home as provided in Connecticut General Statutes §19a-77 except that it operates in a facility other than a private family home.

GRAVEL PIT OR SAND BANK: An area of land used for the excavation and removal of gravel, sand or similar materials.

HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior, or (2) directly by the Secretary of the Interior in states without approved programs.

HOBBY MOTOR VEHICLE: Any antique, rare, special interest, off-road, and/or racing vehicle, regardless of age or condition, not currently designed or intended for daily use, that is being actively restored, repaired, modified, and/or maintained by its owner.

HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or of certain permitted listed livestock and/or poultry as an accessory use of a home for the benefit of its residents.

HOME OCCUPATION: An accessory use carried out for intended gain conducted within a single family dwelling in a residential district by the resident owner(s) thereof that is clearly incidental and secondary to the residential use of the structure, does not involve the use of other than customary home appliances and equipment, does not involve the use of keeping stock in trade, and does not have any exterior visual, audible, or physical evidence of such incidental secondary accessory use.

HOOP HOUSE (Membrane Covered Frame Structure): A non-pressurized structure composed of a rigid framework to support a tensioned membrane which provides a weather barrier. A hoop house is also a greenhouse if the membrane is transparent or translucent.

HORSE, MINIATURE: A horse that cannot exceed 34 inches in height at the withers as measured from the last hairs of the mane.

HOTEL: A building which has a common entrance or entrances and contains sleeping accommodations for hire for ten (10) or more persons.

INTERIOR LOTS: A lot which has no direct frontage on a public or private street, but which obtains access to such streets by way of a private driveway or access agreement across land owned by another party. The front lot line of an interior lot shall be considered that lot line where the driveway or access point enters the property.

JUNK: Any exterior (a) materials or items, whether covered or not, including but not limited to vehicles and vehicle parts that, due to condition and/or storage, may contaminate or pollute the soil or groundwater, or invite the breeding, collection, or infestation of flies, mosquitoes, rodents, or other animals; (b) vehicles or trailers, whether or not currently registered, which cannot be re-registered due to their current condition, and/or (c) any other material or item that causes the reduction of neighboring property values, or negatively impacts public health, general welfare, or quality of life. Junk may include, but is not limited to, non-operable appliances, non-operable yard-care equipment, unused or deteriorated barrels, boxes, pallets, furniture, metal, glass, and/or plastic, rotted cordwood, abandoned construction materials, tires, abandoned truck caps, hazardous waste, and demolition debris.

JUNKYARD: A lot, land, or structure, or part thereof, used primarily where junk, waste, discarded or salvaged materials are bought or sold, exchanged, stored, collected, dismantled or otherwise processed, including automobile wrecking yards. Junkyards are not permitted in the Town of Ledyard.

KENNEL: A commercial establishment that provides boarding, medical care, breeding, grooming, exercise, whelping, raising, and/or training of puppies, dogs and other household pets.

KIOSK: Free standing structures designed to provide advertising space for two (2) or more businesses on a single premises or group of contiguous premises.

LAND SURVEYOR: An individual or firm of Registered Land Surveyors licensed to operate in the State of Connecticut.

LIBRARY: A facility for the use, but not sale, of literary, musical, artistic, or reference materials.

LICENSED RADIO ENGINEER: Anyone holding a Radiotelephone Operator License issued by the Federal Communications Commission (“FCC”) who is responsible for technical compliance with FCC rules and regulations.

LICENSED PROFESSIONAL ENGINEER: An individual or firm of registered professional engineers licensed to operate in the State of Connecticut.

LIGHT INDUSTRIAL: The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

LIVESTOCK: See “Farming”

LOT: A parcel of land occupied or capable of being occupied by one (1) principal building and the Accessory Buildings customarily incidental to it, including such Non-Developed Land as are required by these regulations. In the case of multiple dwellings and public, institutional, commercial, or industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.

LOT AREA: The number of square feet of the lot.

LOT COVERAGE: The percentage of the lot area covered by the combined area of all buildings, structures or other impervious surfaces on the lot.

LOT LINE, FRONT: A line dividing the lot from the street or the right-of-way.

LOT, INTERIOR: A lot that has access to a public right-of way by means of a narrow strip of land, which is less than the required frontage.

LOT, THROUGH: A lot with the front and rear lot lines abutting the rights of way of two (2) Town-accepted or State roads.

LOT LINES, SIDE: All lines extending from the street which divides adjacent lots abutting the same street.

LOT LINE, REAR: A line separating one lot from other lots or from land in different ownership, being the boundary of a lot which is opposite the frontage street.

LOT, MINIMUM WIDTH: For rectangular lots, the measured distance at the required building line, measured parallel to the front lot line. For lots on the outer or inner arc of a curve, the measured distance between side lot lines on a street line at right angles to the main direction of the side lot lines, and at a distance so as to meet the required building line from any point of the center line of the traveled portion of the street. For corner lots, the measured distance parallel to the street, in the direction of the lot's minimum width, and so as to meet the required building line from both streets.

LUMBERYARD OR BUILDING SALES YARD: An area and structures used for the storage, distribution, and sale of building and construction materials.

MANUFACTURING: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials including but not limited to oils, plastics, resins, etc.

MINING: A lot or land or part thereof used for the purpose of extracting shale, gravel, rock and sand for sale as an industrial operation.

MINI STORAGE: Buildings or structures with multiple rental spaces used for the storage, principally of personal goods.

MIXED USE: The development of a tract of land, or a building, for a variety of principal uses, usually as apartments above or behind office and/or retail uses.

MOBILE HOME: A manufactured home produced prior to the passing of the federal Manufactured Home Construction and Safety Standards (MHCSS) of 1976.

MOBILE MANUFACTURED HOME: A manufactured home built after 1976 in compliance with the Manufactured Home Construction and Safety Standards (HUD Code) and which displays a certification label on the exterior of each transportable section. Mobile Manufactured Homes are built in the controlled environment of a manufacturing plant and are transported in one (1) or more sections on a permanent chassis.

MOBILE MANUFACTURED HOME LAND LEASE COMMUNITY: A land lease community in which two (2) or more mobile homes or mobile manufactured homes are located on a single parcel and occupied as dwelling units.

MOTEL: A building, usually located on a highway, providing lodging for persons, with or without cooking facilities, and intended primarily for accommodations of transients, and so designed that access to rooms is directly from out-of-doors.

MOTOR VEHICLE BODY REPAIR AND PAINTING: A building on a lot designed and/or used primarily for body repairs or painting of vehicles.

MOTOR VEHICLE DEALERSHIP: The use of a building, land area, or other premises or portion thereof, for the display, sale, or lease of automobiles including any warranty repair work and other repair service conducted as an accessory use.

MOTOR VEHICLE SERVICE: A building on a lot designed and/or used primarily for the sale and installation of lubricants, tires, batteries and similar accessories, and which may also be used for the retail sale and dispensing of vehicular fuels.

MUSEUMS AND CULTURAL INSTITUTION: An establishment utilized for the display of exhibits of historic, educational or cultural nature which are not operated commercially on a for-profit basis.

NON-CONFORMING LOT: Any lot which does not conform to the requirements of these regulations or any amendment thereto upon the effective date of enactment.

NON-CONFORMING STRUCTURE: Any pre-existing lawful building or structure which does not conform to the requirements of these regulations or any amendment thereto upon the effective date of enactment.

NON-CONFORMING USE: A use which lawfully occupied a building or property on the effective date of this ordinance which does not conform to the use regulations for the district in which the property is situated.

NON-DEVELOPED LAND: An area characterized by natural scenic beauty or existing openness used for recreation or resource protection. It may include wooded areas, meadows, agricultural lands and active and passive recreation areas. Non-developed land shall not include buildings, driveways, parking lots or other surfaces designed or intended for motor vehicular travel.

OFFICE: A building or room(s) in which services involving predominantly administrative, professional, or clerical operations are performed, not including the sale of retail articles.

OPEN SPACE: Land that is subject to a Conservation Easement, or other form of development restriction, including that within a Conservation Subdivision. Open space requirements, designation, and approval are within the scope of authority of the Planning Commission.

OUTDOOR STORAGE AND SALES: Storage and/or sales of any materials, merchandise, stock, supplies, machines and the like that are not kept within a structure, regardless of how long such materials are kept on the premises. Outdoor storage shall not include junkyards.

PARKING AREA: An off-street open space used exclusively for the parking of motor vehicles.

PARK AND PLAYGROUND: Land that is intended to be used for the purpose of providing recreation, or non-developed land.

PERMANENT FOUNDATION SYSTEM: A permanent rigid structure or structures constructed upon and/or below the surface of a mobile manufactured home site designed for attaching and anchoring a mobile manufactured home, in such a manner that the home will not be subject to movement due to frost, frost heaves, freezing, flooding or wind.

PERSONAL SERVICE ESTABLISHMENT: A business that provides grooming or physical fitness services to individuals or groups of individuals.

PREDOMINANT USE: The land use that requires the most parking within a parking lot shared by a variety of land uses.

PLAN OF CONSERVATION AND DEVELOPMENT (POCD): The Plan as required under Connecticut General Statutes §8-23 to show the Planning Commission’s recommendations for the most desirable use of the land within the municipality and for the most desirable density of population. The Plan is intended to guide growth, land use, consideration, and development within the Town of Ledyard, and is used as guidance by all town boards and Commissions.

PROHIBITED USES: Uses not listed in Attachment A

PROPERTY: A lot including all buildings or improvements thereon.

PUBLIC SEWER SYSTEM: The disposing of organic refuse, carried off by a structures to a central sewage treatment system via underground piping.

PUBLIC OR PRIVATE UTILITY INSTALLATION: The use of land for utility purposes by an entity providing pipeline, gas, electrical, telephone, television, internet, cellular, broadband, water, or sewage service(s).

PUB AND TAVERN: A place in which the principal income is derived from the sale or serving of alcoholic beverages for consumption on the premises, with or without live entertainment.

RECREATIONAL FACILITY: Outdoor or indoor facilities designed for leisure activities

RECREATIONAL SPACE: An area of a residential complex development that is designated on a site plan by the Applicant as exclusively reserved, in perpetuity, for recreation by residents of the development. The area is designated by the applicant, but is to be maintained by the owner of the development, or a homeowners or condominium association as appropriate. Recreational Space shall not be used for residential dwellings, accessory structures to residential dwellings, storage, or parking, but may be used for swimming, hiking, running, picnicking, baseball, exercise, barbequing, tent camping, and similar activities. The Recreational Area may also remain in its natural state.

RECREATIONAL VEHICLE: A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily as temporary living quarters for recreational, camping, travel, or seasonal use. A Recreational Vehicle is not a dwelling unit.

RECYCLING CENTER: A building where only recyclable material is collected, processed and/or baled in preparation for shipment to others who will use the materials to manufacture new products.

RELIGIOUS USE: A building, facility, or main activity area wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all Accessory Buildings and uses customarily associated with such primary purpose.

RESEARCH FACILITIES: A building for experimentation in pure or applied research design, development, and production of prototype machines or devices or of a new product, and uses accessory thereto.

RESIDENTIAL CARE HOME (NURSING HOME): An establishment which furnishes nursing services and assistance with activities of daily living to a population that is chronic and stable; or nursing supervision under a medical director twenty-four (24) hours per day, or any chronic and convalescent nursing home which provides skilled nursing care under medical supervision and direction to carry out non-surgical treatment and dietary procedures for chronic diseases, convalescent stages, acute diseases or injuries.

RESTAURANT, EXCLUDING FAST FOOD: An establishment where food and/or beverages are prepared, served, and consumed and where customers are served primarily when seated at tables or counters, any food take out is incidental to the primary sit-down restaurant use, and no customers are served in motor vehicles.

RESTAURANT, FAST FOOD: An establishment specializing in take out, quick service food, frozen dessert and/or beverage, where such items may be consumed anywhere on the premises or removed from the premises and where orders are placed at a central counter or drive-through/walk-up window.

RESORT FACILITY: A destination intended for recreation and relaxation distinguished by a selection of activities, such as food, drink, lodging, sports, entertainment and shopping.

RETAIL SALES: A business establishment where diversified goods are kept for retail sale directly to the public either in person, by telephone, or by internet.

RIDING STABLE: An accessory structure on a farm where horses are boarded and cared for and/or where instruction in riding, jumping and showing may be offered for a fee; such establishment may be incidental to the operation of any club or association.

ROOMER: One who occupies a rented room in a single family dwelling.. A Roomer is subject to Chapter 830 of the Connecticut General Statutes “Landlord and Tenant Act”.

SCREENING: Dense vegetation or other landscape materials, or a combination thereof, which provide effective year-round visual insulation from adjacent property for a minimum of six feet in height. See Buffer Strip.

SEDIMENT: Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

SHOPPING CENTER: A group of no less than four (4) business establishments which may include retail stores, service establishments, theaters, and restaurants, including fast food facilities, with a public vehicle parking area shared in common. A shopping center shall contain no less than two (2) acres and have not less than twenty thousand (20,000) square feet of floor area.

SIGN: Any permanent or temporary device composed of or employing any medium that is man-made, natural, and/or from a change of use which is freestanding or attached to a building, structure, or natural object, or erected, painted, represented or reproduced inside or outside any building, structure, or natural object (including window display area which displays, reproduces or includes any lettered or pictorial matter), which is used for the purposes of advertising, demonstrating, directing, displaying, identifying, illustrating, or promoting and is placed in view of the general public. In no event shall the word "sign" be construed to mean any sign in the interior of any structure that is not visible from the outside, unless specifically set forth in these regulations. Pavement markings and driveway directional arrows painted on the ground which contain no advertising are to be excluded from this definition. The American Flag is not a sign in the context of these regulations.

SIGN – AWNING: Any sign that is attached to or part of an awning or canopy.

SIGN – BANNER: A banner made of material that is not rigid such as cloth or vinyl that contains advertising for a business, product, goods, services, sale or activity, that is strung from rope or wall mounted.

SIGN – CANOPY: A sign that is part of or attached to an awning, canopy, or other material as a protective cover over a door, entrance, window, walkway or outdoor service area.

SIGN - CHANGEABLE COPY: Any sign that is designed so that characters or letters can be manually changed or rearranged without altering the substrate or size of the sign.

SIGN, DIRECTIONAL: Used to indicate location, distance, hours of operation of activity concerned, parking, or other functional activity such as bathroom facilities, telephones, entrances, offices, etc, bearing no commercial advertising,

SIGN, DIRECTORY: A sign to identify any commercial or industrial complex and each use in said complex.

SIGN, EXEMPT: A sign that is permitted without a sign permit.

SIGN FACE: The area of a sign which consists of the entire surface area of the sign on which copy could be placed including the structure of bracing if it is made a part of the sign’s message. Where a sign has two display faces back to back, the area of only one face shall be considered the sign face area. Where a sign has more than one display face, all areas which can be viewed simultaneously shall be considered the sign face. In the case of a sign whose message is fabricated together with the background which borders or frames that message, sign face areas shall be the total area of the entire background. In the case of a sign whose message is applied to a background which provides no border or frames, the sign face area shall be the area of the smallest rectangle which can encompass all words, letters, figures, emblems, and other elements of the sign message.

SIGN, FREESTANDING: A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground.

SIGN, HANGING: A sign to identify a commercial use within a structure that protrudes perpendicularly from the front of the building.

SIGN, IDENTIFICATION: A sign which is attached to or projects from a building facade or other building surface.

SIGN, INSTRUCTIONAL, DIRECTIONAL: A sign which identifies location, hours of operation, parking, exit, entrance, and functional activities such as bathroom facilities, food, coffee, lunch, gas, offices, etc, The sign has bearing no commercial advertising or business name.

SIGH, INTERIOR: A sign located within the interior of any (a) building, (b) stadium, or (c) athletic field, and is not visible from a public roadway, public right of way, public sidewalk, or abutting property.

SIGN, PERMANENT: A sign constructed out of durable materials that is intended to exist for the duration of time that the use or occupant is located on the premises.

SIGN PERMIT: A permit issued by the Zoning Commission or its designee, permitting a land owner to construct a sign.

SIGN, POLITICAL: A sign that is incidental to a town, state or federal election or referendum. Political signs shall have permission of the property owner to be erected. However, the political party or candidate is responsible for removal.

SIGN, SPECIAL: Banners, pennants, sandwich board signs and sidewalk or curb signs used for special events or sales

SIGN, SPECIAL PERMIT: A sign necessary to provide adequate visibility to the business community but which cannot satisfy all of the sign regulations due to unique site constraints not envisioned by the regulations.

SIGN, TEMPORARY: A sign conforming to size and location requirements, as stipulated by these regulations, which is to be displayed for a limited period of time.

SIGN, TEMPORARY IDENTIFICATION: A Temporary Sign intended for pre-development opening or closing, displayed sixty (60) days in advance of advertised activity.

SIGN, TEMPORARY SPECIAL: A Temporary Sign intended to announce a special event or sale.

SIGN, UNLAWFUL: A non-exempt sign installed without a Sign Permit after adoption of the Zoning Regulations on October 11, 1963 as amended.

SITE PLAN: A plan of a lot on which is shown topography, location of all buildings, structures, roads, rights-of-ways, boundaries, all essential dimensions and bearings and any other additional information deemed necessary by the Commission to help determine conformance with the Zoning Regulations.

SOIL EROSION AND SEDIMENT CONTROL PLAN: A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.

SOLAR ENERGY SYSTEM: An energy system which directly uses solar radiation to produce space heating, cooling, hot water or electricity through the process of collecting solar radiation, converting it to another form of energy, storing the converted energy, protecting against unnecessary dissipation and distributing the converted energy.

SPECIAL FLOOD HAZARD AREA: The land area, as defined by the Federal Emergency Management Agency (FEMA), covered by the floodwaters of the base flood on National Flood Insurance Program (NFIP) maps.

SPECIAL PERMIT (ALSO KNOWN AS A SPECIAL EXCEPTION ): A use which zoning regulations expressly permit under conditions specified in the regulations, where the Zoning Commission determines whether (1) the applicant’s proposed use of the property is expressly permitted in the zoning regulations; (2) whether the standards and the relevant zoning regulations are satisfied; and (3) whether conditions necessary to protect public health, safety, convenience and property values, as provided by CGS §8-2, can be established. A special permit allows a use which is generally compatible with the zoning district but requires special attention as to its location and method of operation in order to keep it consistent with uses permitted as of right in the district. A special permit which conforms to the existing regulations must be approved and cannot be required to meet standards not contained in the regulations themselves, and the Zoning Commission cannot impose a condition on a special permit unless authorized by its own regulations.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either: [1] The first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns; or [2] Any work beyond the state of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include: [1] Land preparation, such as clearing, grading and filling; [2] Installation of streets and/or walkways; [3] Excavation for a basement, footings, piers or foundations; [4] The erection of temporary forms; [5] Installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: Anything constructed or erected, the use of which requires location on or under the ground or an attachment to something having location on the ground including, but not limited to, homes, swimming pools, signs, decks, sheds, pens, runs, barns, pump houses, parking areas, and garages.

SUBSTANTIAL IMPROVEMENT: Any combination or repairs, reconstruction, alteration, or improvements to a structure, taking place during a ten year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures that have “substantial damage,” regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Zoning Official and are solely necessary to assure safe living conditions.

TELEPHONE EXCHANGE: A building used exclusively for the transmission and exchange of telephone messages, excluding wireless service towers.

TOWER: A structure intended to support equipment used to receive or transmit electromagnetic waves and/or to support wind turbines.

TRANSFORMER SUBSTATION: A premises used for the distribution of electrical energy at the rate of 35 kva and higher.

TRAVEL TRAILER: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, vacations, or recreational uses with the manufacturer's permanent identification "Travel Trailer" thereon. A travel trailer is not a dwelling unit.

TREE LAWN: Strips of land between the road and the sidewalks inside a development.

UNREGISTERED MOTOR VEHICLE: A vehicle which is currently unregistered but legally capable of being registered and operated on the public ways of the state.

UNUSABLE OPEN SPACE: Any part of the site area which has a slope of more than twenty-five percent (25%) or is in the floodplain or flood-prone area or is subject to periodic flooding due to subsoil conditions. Also, land area which has a high length-to-width ratio as compared to the main site, natural discontinuities in grade or heavily wooded slopes in excess of fifteen percent (15%) or is otherwise unsuitable for development.

USABLE OPEN SPACE: That part of the lot area not classified as unusable open space or which is used for or devoted to dwelling structures, driveways or parking spaces; such open space shall be at least twenty-five (25) feet in minimum dimension, shall have no more than ten percent (10%) of its area with a grade of more than five percent (5%), and shall not include floodplains and/or wetlands.

USE: The purpose for which property is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

VETERINARY OFFICE AND CLINIC: Any structure where animals or pets are given medical or surgical treatment, including short-term boarding of animals when boarding is for the purpose of monitoring recovery, but not including boarding or kenneling.

WAREHOUSE: A building or premises, for storing of goods, materials and merchandise, for distribution to off-site locations.

WIND ENERGY SYSTEM, SMALL: A wind energy to electricity energy conversion system, not to exceed 25 KW, consisting of a wind turbine, nacelle, generator, a tower and its support structures, associated control, and conversion electronics.

YACHT CLUB, MARINA, BOAT YARD: A facility located on a parcel within five hundred (500) feet of a navigable waterway for storing, servicing, fueling, berthing and/or securing boats and may include docks, piers, moorings, and slips, and eating, sleeping and retail facilities for owners, crew, and guests.

YARD, FRONT: The space between the building line and the front lot line, extending the full width of the lot; or in case of a corner lot, the non-developed land between a building and the front lot lines extending the full width of each frontage.

YARD, REAR: The space between the rear line of the building and the rear lot lines, extending the full width of the lot.

YARD, SIDE: The space between the building and the side lot lines, extending from the front yard to the rear yard, any yard not a front yard or a rear yard shall be deemed a Side Yard.

ZONING OFFICIAL (also known as the Zoning Enforcement Official, Zoning Officer and/or Zoning Enforcement Officer): The agent of the Zoning Commission responsible for the implementation and enforcement of its policies and regulations pursuant to Connecticut General Statutes §8-3(e) and §15.2 of these regulations.

ZONING OFFICE: The division of the Land Use Department responsible for the issuance of zoning permits, processing of periodic certifications of zoning compliance, and enforcement of these regulations.

4.1 High Density Residential District (R-20)

A. Purpose. To maintain the existing higher density residential character and provide opportunities for compatible residential development and other civic uses.

B. Not more than one single family residence per lot, except that on farms of fifty (50) acres or more, one primary residence and one additional single-family residence for farm employees is permitted by special permit.

C. A Single-family dwelling may not have more than two (2) roomers or two (2) boarders at any time.

D. Multi-family developments in this district requires recreational space.

4.2 Medium Density Residential District (R-40)

A. Purpose. To maintain the existing medium density residential development and provide opportunities for compatible residential development and other civic uses.

B. Not more than one single family residence per lot, except on properties of fifty (50) acres or more, one primary residence and one additional single-family residence for farm employees is permitted by special permit.

C. A Single-family dwelling may not have more than two (2) roomers or two (2) boarders at any time.

D. Multi-family developments in this district requires recreational space.

4.3 Mobile Manufactured Home Land Lease Community (RM-40)

A. Purpose. To help establish and maintain an adequate supply of decent, safe and affordable housing serving different types of households, specifically for older persons, as encouraged by the “Housing” Section of the Ledyard Plan of Conservation and Development, by enabling the development of large parcels of land zoned RM-40 into age restricted land lease communities for the installation, sale, and occupancy of multiple Mobile Manufactured Homes.

4.4 Low Density Residential District (R-60)

A. Purpose. To maintain the existing low density residential development and provide opportunities for compatible residential development and other civic uses that reflect the rural character and natural resources of the Town.

C. A Single-family dwelling may not have more than two (2) roomers or two (2) boarders at any time.

4.5 Rural Residential District (R-80)

A. Purpose. To maintain the existing lowest density residential development and provide opportunities for compatible residential development and other civic uses which reflect the rural character and natural resources of the Town.

C. A Single-family dwelling may not have more than two (2) roomers or two (2) boarders at any time.

4.6 Ledyard Center Village District-1 District (LCVD-1)

A. Purpose. To encourage the development of a New England village center, identifiable as the center of the community, through the concentration of commercial businesses along a main street. The Commission established this village district in accordance with §8-2j of the Connecticut General Statutes. The LCVD-1 District is the central area of the Village District.

B. Strict architectural syntax is required. See Attachment D – “Design Guidelines” (§II).

C. Changes in Use shall be in conformance with §14.1.

D. 10% Recreational space is required.

E. There are no minimum lot sizes or widths.

F. Ten (10) foot sidewalks are required.

G. Uses are limited to commercial, or mixed use commercial with optional one or two bedroom apartments if they are not on the ground floor.

H. Most new structures shall be built to the sidewalk.

I. All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts. The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

J. Prohibited uses include:

(1) Uses with a high potential to contaminate ground or surface water;

(2) Uses incompatible with the purpose of the District;

(3) Uses that will generate noise, create risk to personal safety, and/or produce vibration, smoke, fumes, or odors that may be offensive and/or detrimental to nearby property owners or property users;

(4) Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and

(5) Standalone parking lots, including recreational vehicle parking lots.

4.7 Ledyard Center Village District-2 District (LCVD-2)

A. Purpose. To encourage the development of a New England village center identifiable as the center of the community, through the concentration of commercial businesses, mixed with residential uses, along a main street. The Zoning Commission of the Town of Ledyard established this village district in accordance with §8-2j of the Connecticut General Statutes. The LCVD-2 District generally abuts the LCVD-1 central area to the east.

B. Strict architectural syntax is required. See Attachment D – “Design Guidelines” (§II).

C. Changes in Use shall be in conformance with §14.1.

D. 10% Recreational space is required.

E. There are no minimum lot sizes or widths.

F. Ten (10) foot sidewalks are required.

G. Uses are limited to commercial, or mixed commercial with optional one or two bedroom residential units if they are not on the ground floor.

H. Most new structures, if residential, shall be built to the sidewalk or within ten (10) feet of the sidewalk.

I. This district also permits multi-family dwellings of up to 75% of the lot, or of the building usage, if the remaining balance of the lot or building usage is developed as a commercial use, or an equivalent area of a different parcel in the LCVD-1 or LCVD-2 is developed commercially. Each multi-family dwelling unit shall have one (1) or more bedrooms.

J. All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts. The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

K. Prohibited uses include:

(1) Uses with a high potential to contaminate ground or surface water;

(2) Uses incompatible with the purpose of the District;

(4) Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses, rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and

(5) Standalone parking lots, including recreational vehicle parking lots.

4.8 Ledyard Center Village District-3 District (LCVD-3)

A. Purpose. To encourage the transition between the developed New England village center, identifiable by Mixed Uses, and the surrounding residential areas. The Commission established this village district in accordance with §8-2j of the Connecticut General Statutes. The LCVD-3 district is the immediate area abutting the LCVD-1 area to the west.

B. Strict architectural syntax is required. See Attachment D – “Design Guidelines” (§II).

C. Changes in Use shall be in conformance with §14.1.

D. 10% Recreational space is required.

E. The minimum lot size is 20,000 square feet

F. Five (5) foot sidewalks are required.

G. Uses may be commercial, or mixed commercial with optional one or two bedroom apartments if not on the ground floor.

H. Structures do not have to be built to the sidewalk, or within a certain distance of the sidewalk.

J. Structures require a minimum of a 30 foot setback from the center of the roadway, and other conventional bulk requirements.

K. This district permits multi-family (apartments) and condominiums of up to 75% of the lot, or of the building usage, if the remaining balance of the lot or building usage is developed as a commercial use, or an equivalent area of a different parcel in the LCVD-1 or LCVD-2 is developed commercially. Each multi-family dwelling unit shall have one (1) or more bedrooms.

L. This district permits single family dwellings on interior lots.

M. This district permits standalone two bedroom apartments (multi-family structures) and condominiums.

N. This district permits standalone commercial structures. (See Attachment A – “Schedule of Permitted Uses”).

O. A Single-family dwelling may not have more than two (2) roomers or two (2) boarders at any time.

P. All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts. The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

Q. Prohibited uses include:

(1) Uses with a high potential to contaminate ground or surface water;

(2) Uses incompatible with the purpose of the District;

(4) Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses, rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and

(5) Standalone parking lots, including recreational vehicle parking lots.

4.9 Multi Family Village District (MFVD)

A. Purpose. To encourage the development of a pedestrian-friendly village environment in Ledyard Center. The Zoning Commission of the Town of Ledyard established this village district in accordance with §8-2j of the Connecticut General Statutes. This District is intended to accommodate only high density residential development.

B. Strict architectural syntax is required. See Attachment D – “Design Guidelines” (§II).

C. 10% Recreational space is required.

D. The minimum lot size is 20,000 square feet

E. The density shall not exceed one (1) dwelling unit per 7,500 square feet of lot area.

F. Five (5) foot sidewalks are required.

G. Structures do not have to be built to the sidewalk, or within a certain distance of the sidewalk.

H. Structures require a minimum of a 30 foot setback from the center of the roadway, and other conventional bulk requirements.

I. This district only permits multi-family, condominiums, cooperatives, and townhouses.

J. There is no limit on the number of bedrooms per dwelling unit.

K. All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts. The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

L. Prohibited uses include:

(1) Uses with a high potential to contaminate ground or surface water;

(2) Uses incompatible with the purpose of the applicable Village District;

(4) Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses, rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and

(5) Standalone parking lots, including recreational vehicle parking lots.

4.10 Gales Ferry Design District-1 (GFDD-1)

A. Purpose. To ensure that commercial development in the Gales Ferry Design District-1 (GFDD-1) is pedestrian-friendly and is of a unified design and scale suitable to create a higher density Gales Ferry Village. These regulations are intended to attract and encourage family activities. In addition, the District is intended to:

(1) Require a blend of low intensity commercial, civic, and residential architectures and land uses.

(2) Require cohesive architectural and site design.

(3) Establish a coordinated pattern of land development which insures safe access and movement of pedestrians and vehicles, and which minimizes curb cuts and maximizes connections to adjacent properties.

(4) Encourage placement of primary structures closer to the street; to increase business exposure; to minimize sign clutter by reducing the need for redundant signs; to reduce traffic speeds; to discourage widening of streets and highways; and to discourage development with dominant front parking lots.

B. All proposed development, or substantial rehabilitation, will normally be reviewed by the Architectural Review Board (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Gales Ferry Design Districts. The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

C. Strict architectural syntax is required. See Attachment D – “Design Guidelines” (§III).

D. Changes in Use shall be in conformance with §14.1.

E. Multiple uses may be combined on a single lot or within a single structure, provided that all standards for each individual use are met.

4.11 Gales Ferry Design District-2 (GFDD-2)

A. Purpose. To ensure that commercial and residential development in the Gales Ferry Design District-2 (GFDD-2) is pedestrian-friendly and is of a unified design and scale suitable to create a higher density Gales Ferry Village. In addition to the uses permitted in the GFDD-1 District, the GFDD-2 District provides for a wider range and a more intensive mix of commercial and residential uses. The GFDD-2 District is intended to:

(1) Require a blend of commercial, civic and residential architectures and land uses.

(2) Require cohesive architectural and site design.

(3) Establish a coordinated pattern of land development which insures safe access and movement of pedestrians and vehicles; provide adequate ingress and egress for commercial properties; and which minimizes curb cuts and maximizes connections to adjacent properties.

C. Strict architectural syntax is required. See Attachment D – “Design Guidelines” (§III).

D. Changes in Use shall be in conformance with §14.1.

E. Multiple uses may be combined on a single lot or within a single structure, provided that all standards for each individual use are met.

F. Motor vehicles, including boats, that are outside being stored, under repair, or available, shall be stored or displayed behind the extended front building line in the side or year yard.

G. Uses shall not discharge volatile organic compounds (VOC’s) that are in excess of DEEP/OSHA limits, or that will create a nuisance or hazard at the property lines.

4.12 Resort Commercial Cluster District-1 (RCCD-1)

A. Purpose: To encourage the development of non-residential commercial land uses that may be related to, but do not constitute, recreational land uses – to the area designated as RCCD-1 on the Zoning Map, while maintaining the character of the surrounding area. In addition, the RCCD-1 District is intended to:

(1) Cluster new commercial buildings and Parking Areas on the most developable land within the District while retaining significant contiguous land areas in a natural or landscaped condition.

(2) Assure that the design of new structures, parking, access ways and landscaping is compatible with the natural features and topography of the area.

(3) Limit and control access for new development from public roads so that traffic safety is maintained and a sense of the rural landscape is retained and enhanced.

(4) Discourage uncoordinated strip commercial development consisting of small, individual, unrelated uses varying unpredictably in type, size, style, access arrangements and environmental impact. Such development is inconsistent with the maintenance of a rural appearance and maximum traffic safety.

(5) Protect surface and groundwater resources through the careful control of sewage disposal systems and storm water runoff. Require best management practices available for all land uses located in close proximity to aquifer recharge areas.

B. Maximum building height shall be the height permitted by the Connecticut Building Code for the use and type of building construction, subject to approval by the Fire Marshal if greater than 35’. However, structures shall be of such height and so located and screened to minimize off-site visual impact.

C. Traffic management.

(1) Primary access to development shall be from Route 2.

(2) Access will be reviewed based on the following:

(a) Design of access;

(b) Any proposed or necessary traffic controls;

(d) Existing traffic conditions; and

(e) Any nearby pending development.

4.13 Resort Commercial Cluster District-2 (RCCD-2)

A. Purpose. To encourage the development of commercial recreational uses and commercial tourism-oriented uses while maintaining the character of the surrounding area. In addition, the District is intended to:

(1) Cluster new commercial buildings and Parking Areas on the most developable land within the District while retaining significant contiguous land areas in a natural or landscaped condition.

(2) Assure that the design of new structures, parking, access ways and landscaping is compatible with the natural features and topography of the area.

(3) Limit and control access for new development from public roads so that traffic safety is maintained and a sense of the rural landscape is retained and enhanced.

C. Traffic management.

(1) Primary access to development in this district shall be from Pequot Trail (off Route 214).

(2) Secondary or emergency access directly from Route 214 will be reviewed based on the following:

(a) Design of access;

(b) Any proposed or necessary traffic controls;

(d) Existing traffic conditions; and

(e) Any nearby pending development.

4.14 Industrial District (I)

A. Purpose. To encourage continuation of industrial uses and expansion of manufacturing and research facilities to enhance the tax base and provide employment opportunities, consistent with the rural character and natural resource constraints of Ledyard.

C. Permitted uses may be conducted outside of a building upon approval of the Commission (by special permit). However, storage and/or warehousing shall be within a building.

D. Permitted accessory uses include, but are not limited to, cafeteria –style food service within a building for employees of the principal use; recreational facilities for employees; and child day care facilities for children of employees.

E. To the extent possible, existing trees, vegetation and unique site features such as stone walls, ledge faces, kettle holes, and boulder trains shall be retained and protected.

F. Any disturbed area of a lot or property which is not used for the location of buildings, structures, accessory uses, parking, loading and storage areas, or similar purposes, shall be landscaped and maintained in such a manner as to minimize storm water runoff.

G. Perimeter vegetative buffering and/or screening is required to maintain the rural appearance of Ledyard and to protect the values of nearby properties. Buffers and screening shall be installed to reduce excessive heat, glare, and accumulation of dust, to provide privacy from noise and visual intrusion, and to prevent the excessive runoff of storm water and erosion of soil.

(1) A perimeter buffer area is required along and within the boundaries of a lot abutting a town road or state highway or abutting any lot within a residential district. Otherwise, a perimeter buffer area is not required.

(2) The minimum width of the perimeter buffer, if required, shall be one-hundred (100) feet. The buffer area shall be free of any structures and parking areas, and shall be maintained in a natural or landscaped state, except for such fencing as may be approved by the Commission.

(3) Where lot size and shape or existing structures make it infeasible to comply with the minimum width of the required buffer, the Commission may modify the width requirement provided that the reduced width meets the purpose of the buffer area.

(4) The retention of existing topography and vegetation in the buffer areas is preferable to regrading and new plantings. The Commission may determine if existing conditions will satisfy the purposes of buffering and screening.

(5) If natural site conditions are not adequate to meet the purposes of the buffer requirement, the Commission may require a screening fence, earthen berm, and/or evergreen and deciduous plants of such type, height, spacing, and arrangement that will effectively screen the activity on the lot from the adjacent public road and/or residential area.

(6) A water tower/tank may be constructed without complete screening from adjacent public road and/or residential areas provided:

(a) The tower/tank is essential to providing for the health and general welfare of the community;

(b) The location of the tower/tank is not a designated historic site;

(d) Technical consideration prohibit adequate screening; and

(e) Coastal vistas and viewpoints will not be adversely impacted.

H. The minimum lot width is reduced to 30 feet if a perimeter buffer is not required (does not abut a Town accepted road, state highway, or lot in a residential district).

I. The Commission will consider the design of access, proposed or necessary traffic controls, physical features of the access site, and proposed construction designs peripheral to access and related to traffic control, existing traffic conditions, and any nearby pending development.

J. Use of the property which can reasonably be expected to generate a large volume of traffic may be required by the Commission to provide for entrances to and exit from the property by way of an adjacent and less traveled public highway or frontage road in lieu of direct access from and to a major or more heavily traveled public highway.

K. The Commission may require minimum sight line distances depending on present and anticipated traffic conditions and posted speed limits (Reference: Ledyard Ordinance #45)

L. Vehicle entrances shall me a minimum of 30 feet wide, unless a wider entrance is approved by the Commission for safety considerations. The entrance shall be clearly defined. The total number of entrances which can safely be accommodated along the same road will be a consideration for approval or disapproval of the site plan. When possible, each development shall be limited to one access point per property. However, separate access may be approved for employee vehicles and truck traffic, where appropriate. Where significant truck traffic is anticipated, the Commission may require the construction of a separate truck turning lane at the site entrance.

M. The Commission may deny an application if the proposed access to a publi8c highway is deemed to create a hazardous condition or when the e3spe3dted traffic to be generated from the3 proposed use considered cumulatively with exiting traffic conditions is deemed to cause or worsen hazardous conditions so as imperil public safety.

N. Parking or loading shall not be located in the perimeter buffer.

O. Parking and loading areas shall be screened from the public roadway and from adjacent residential properties.

P. Driveways, parking and loading areas shall be paved of bituminous concrete or other similar material. Entrances shall be clearly defined by a six (6) inch curb of bituminous concrete. However, the Commission may approve exemptions for employee parking; storage of vehicles provided such vehicles are not junked or wrecked; and low flow traffic areas. The exempted areas may be constructed of processed stone with a suitable, positively drained, well graded sub-base gravel.

Q. Lighting: Outdoor illumination, including area lighting and floodlighting, shall be designed for safety, convenience and security while minimizing sky glow, safeguarding against discomfort glare, and disability veiling glare, and avoiding trespass lighting and adverse effect from illumination upon the use, enjoyment and value of nearby property and upon the appearance of the community.

R. The applicant shall identify any hazardous materials and wastes to be associated with the proposed use of the property, and shall provide evidence that all applicable permits and approvals from Federal, State, or local authorities have been or are in the process of being obtained.

S. Historical and Archaeological Sites: When a site or portion of a site has been identified by the State Historic Preservation Officer, or the State Archaeologist, as historically significant, the applicant shall identify on the plans the nature and location of the resource, and shall indicate what measures are being taken to protect such resource.

T. No use shall be permitted which by reason of noise, safety, vibration, fumes, dust, glare or odors are offensive and/or detrimental to nearby property owners or users.

U. The Commission shall evaluate each proposed use and prohibit any use which has a high potential to contaminate ground or surface waters, or other uses, which are deemed incompatible with the purpose of the district.

4.15 Commercial Marine District (CM)

A. Purpose. To provide for the appropriate development of waterfront properties and to allow for maximum utilization of water-dependent and water-related uses.

B. Accessory uses include, but are not limited to, a residence of an owner of a permitted use, an office for a permitted use, dockside facilities such as fuel and ice sales, restrooms, and laundry facilities for overnight boaters in a marina.

4.16 Neighborhood Commercial District (NC)

A. Purpose. To encourage the development of small local businesses which will serve the daily commercial needs of the surrounding residential neighborhoods.

4.17 Commercial Industrial District (CIP)

A. Purpose. To allow for a mix of commercial and industrial uses which are mutually compatible and which will augment the economic tax base of the Town and the region.

B. To the extent possible, existing trees, vegetation and unique site features such as stone walls, ledge faces, kettle holes, and boulder trains shall be retained and protected.

C. Any disturbed area of a lot or property which is not used for the location of buildings, structures, accessory uses, parking, loading and storage areas, or similar purposes, shall be landscaped and maintained in such a manner as to minimize storm water runoff.

D. The Commission will consider the design of access, proposed or necessary traffic controls, physical features of the access site, and proposed construction designs peripheral to access and related to traffic control, existing traffic conditions, and any nearby pending development.

E. Use of the property which can reasonably be expected to generate a large volume of traffic may be required by the Commission to provide for entrances to and exit from the property by way of an adjacent and less traveled public highway or frontage road in lieu of direct access from and to a major or more heavily traveled public highway.

F. The Commission may require minimum sight line distances depending on present and anticipated traffic conditions and posted speed limits (Reference: Ledyard Ordinance #45)

G. Vehicle entrances shall me a minimum of 30 feet wide, unless a wider entrance is approved by the Commission for safety considerations. The entrance shall be clearly defined. The total number of entrances which can safely be accommodated along the same road will be a consideration for approval or disapproval of the site plan. When possible, each development shall be limited to one access point per property. However, separate access may be approved for employee vehicles and truck traffic, where appropriate. Where significant truck traffic is anticipated, the Commission may require the construction of a separate truck turning lane at the site entrance.

H. The Commission may deny an application if the proposed access to a public highway is deemed to create a hazardous condition or when the expected traffic to be generated from the proposed use considered cumulatively with exiting traffic conditions is deemed to cause or worsen hazardous conditions so as imperil public safety.

I. Driveways, parking and loading areas shall be paved of bituminous concrete or other similar material. Entrances shall be clearly defined by a six (6) inch curb of bituminous concrete.

J. Lighting: Outdoor illumination, including area lighting and floodlighting, shall be designed for safety, convenience and security while minimizing sky glow, safeguarding against discomfort glare, and disability veiling glare, and avoiding trespass lighting and adverse effect from illumination upon the use, enjoyment and value of nearby property and upon the appearance of the community.

K. The applicant shall identify any hazardous materials and wastes to be associated with the proposed use of the property, and shall provide evidence that all applicable permits and approvals from Federal, State, or local authorities have been or are in the process of being obtained.

L. Historical and Archaeological Sites: When a site or portion of a site has been identified by the State Historic Preservation Officer, or the State Archaeologist, as historically significant, the applicant shall identify on the plans the nature and location of the resource, and shall indicate what measures are being taken to protect such resource.

M. No use shall be permitted which by reason of noise, safety, vibration, fumes, dust, glare or odors are offensive and/or detrimental to nearby property owners or users.

N. The Commission shall evaluate each proposed use and prohibit any use which has a high potential to contaminate ground or surface waters, or other uses, which are deemed incompatible with the purpose of the district.

O. Storage and warehousing shall be within a building. No highly toxic, flammable, odorous, or other hazardous materials shall be stored.

P. The manufacture, fabrication, processing, compounding, treatment, assembly, maintenance, repair, or packaging of goods or products is permitted provided that all subject operations are conducted within a building or structure designed for such operations and that such operations are not dangerous, obnoxious, or offensive for reasons of noise, odor, dust, smoke, vibrations, glare, refuse, water carried waste, fire, explosion, or toxic fumes.

Q. Cafeteria style food service is permitted for employees of the industry.

R. Fast food restaurants require entry and exit on Route 12.

S. Open storage is permitted if the material to be stored is confined solely to inventory and equipment held in connection with industrial or commercial operations. With the exception of necessary access ways, a buffer strip shall be provided for areas within the lot used for open storage which are not otherwise effectively screened from any highway and/or neighboring structures (including parking areas). The screening shall be a minimum of thirty (30) feet wide and shall be appropriately landscaped to effectively screen such use from public roads and adjacent structures (including parking areas) and/or any interior access drive .

T. Convenience stores, and gas stations with fast food facilities and drive-thrum’s, are permitted on lots that have street frontage on Route 12.

Section 5.0: Conservation Subdivision Developments

5.1 Applicability

A. Purpose. The purpose of this Section is to provide flexibility in clustering of residential units on areas of a project site best suited for development and to protect the remaining land as open space. The creation of open space is accomplished by permitting flexibility in the minimum lot size normally required in specific zones for residential development. The creation of a Conservation Subdivision is intended to:

(1) Protect natural streams, water supplies and watershed areas;

(2) Maintain and enhance the conservation of wildlife, natural, agricultural, or scenic resources;

(3) Promote conservation of soils, wetlands, and other significant natural features and landmarks;

(4) Enhance the value to the public of abutting or neighboring parks and unfragmented forests; wildlife preserves, nature reservations or sanctuaries, or other open spaces;

(5) Enhance public recreation opportunities;

(6) Preserve historic sites;

(7) Promote orderly efficient development; and

(8) Limit the extent of impervious surfaces and control runoff.

Conventional Subdivision Conservation Subdivision

Source: http://www.sewrpc.org/ca/conservationsubdivisions/pdfs/conservation_subdivision_design_process.pdf

B. Conservation Subdivision Developments are permitted in the R-40, R-60 and R-80 Districts, subject to the Subdivision Regulations, and the following conditions and exceptions:

(1) A public or a community water system, and/or a public or community sewerage system, is required for a Conservation Subdivision Development in an R-40 District.

(2) A Conservation Subdivision Development utilizing a community water system shall not be approved unless one (1) of the following is obtained by the applicant:

(a) A Certificate of Public Convenience and Necessity has been issued pursuant to Sections 8-25a and 16-262m of the Connecticut General Statutes; or

(b) A written Water Main Extension Agreement has been approved by the public water company designated to serve the Conservation Subdivision Development.

5.2 Density and Bulk Requirements

A. Overall residential density. A residential conservation development shall not contain a total number of dwelling units which exceeds the number which could be permitted if the land were subdivided into conventional lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is located and conforming to all applicable requirements of these zoning regulations.

B. Bulk requirements. In order to encourage and enable a conservation subdivision of desirable and imaginative design and to maintain flexibility, specific controls of the bulk and lot coverage of permitted uses and public facilities are not contained in this section. Instead, it is required that the conservation subdivision be developed according to a comprehensive final plan for the overall development, which shall conform to the requirements of this chapter.

C. Open space.

(1) Each conservation development shall result in the preservation of at least 40% of the gross area of which at least 15% will be of usable open space, exclusive of streets and other paved areas, for parks, recreation, public trails, conservation, agricultural, or other open space purposes. The result shall be the maximum number of lots in a Conservation Subdivision provided the lots comply with the subdivision regulations and the Connecticut State Public Health Code.

(2) The open space shall have access, shape, dimensions, character, location, and topography suitable for the purpose intended. In determining which land is to be preserved as open space, the natural and scenic qualities of the site shall be taken into consideration, as well as the ecological significance of the site and its utility as an open space.

(3) The open space shall be shown on the plat map and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space into perpetuity.

(4) The applicant shall submit sketch layouts for both conventional subdivision and conservation subdivisions to determine the number of conventional lots, which could be permitted if the land were subdivided in accordance with all applicable regulations of the Zoning Regulations and Subdivision Regulations.

(5) An applicant may be required to submit sketch layouts for both conventional subdivision and conservation subdivision. After review of the conventional and conservation site layouts, the Commission may, at its discretion, require the applicant to provide a conservation subdivision if it is determined that the conservation subdivision would be consistent with the objectives set forth herein.

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SECTION 6.0: SITE PLAN REVIEW

6.1 Site Plans and Site Plan Reviews

A. Purpose. To help ensure that buildings and land uses shall be designed and situated so that they will conform with these regulations.

B. Applicability.

(1) Site plans and site plan reviews by the Commission are required for all special permit development applications in accordance with Attachment A – “Schedule of Permitted Uses”; and §7 – “Special Permits”. All special permit development applications shall include a public hearing conducted by the Commission prior to an approval or denial of the application.

(2) In addition, site plan reviews by the Commission are required for (a) Coastal Area Management development applications per CGS Chapter 444; (b) Affordable Housing development applications per CGS §8-30g; (c) most accessory structures and/or accessory uses to a principal structure or a principal use that was by previously approved per a special permit; (d) free standing signs; (e) a second dwelling for farm workers if on a farm of 50 acres or larger; (f) major filling, excavating, or the relocation of soil or rocks; and (g) changes in use.

(3) The Commission may, at its discretion, conduct a public hearing on any proposed development application.

(4) Site plans and site plan reviews shall be performed by the Zoning Official for all applications unless, at his discretion, a site plan is not needed to determine compliance with these regulations.

(5) Any site plan may be reviewed by staff and/or outside experts as determined by the Commission or Zoning Official. A fee may be charged to the Applicant for expert outside review.

C. Exemptions. Site plan review by the Commission shall normally not be required for:

(1) Single family Dwellings if in a residential district.

(2) Accessory structures if in a residential district.

(3) Certain gravel operations associated with farming, road grading, and home building.

(4) A minor change of use as determined by the Commission.

6.2 Application Procedures

A. Applications for zoning permits must be submitted by the Owner of the property, his agent, or someone acting with the Owner’s consent.

B. Applications must be on a form provided by the Zoning Office.

C. For applications for change of use, or a new or a replacement principal structure, pursuant to §20-300-10b-(b) of the Department of Consumer Protection Rules and Regulations for Professional Engineers and Land Surveyors, a sealed site plan to A-2 survey standards, prepared by a Connecticut licensed land surveyor, shall be required.

D. Applications for a proposed development that does not require a special permit, but does requires a Commission review, shall (1) include the required site plan as part of the development application package and (2) be submitted to the Zoning Office no later than five (5) working days before a regular scheduled Commission meeting in order for the review of the application to be on the agenda during that meeting. The application will an agenda item only if the application is complete as determined by the Zoning Official.

E. Applications for a proposed development that requires a special permit shall include the required site plan as part of the development application package and must be submitted to the Zoning Office no later than five (5) working days before a regular scheduled Commission meeting in order for the Commission to schedule the public hearing on the application. The public hearing will be scheduled only if the application is complete as determined by the Zoning Official.

F. The statutory date of receipt of a site plan and development package application requiring review by the Commission shall be in accordance with Connecticut General Statutes §8-7d(c).

G. The Commission Review fee, or if applicable, the Special Permit fee, as specified in the Fee Schedule, shall be paid at the time of submittal of a complete application.

H. A previously approved site plan with proposed modifications (1) will be considered a new application, and (2) shall comply with current regulations.

I. For applications that consists of only a minor modification, such as (for example) the addition or removal of an accessory structure without a permanent foundation, to a sealed site plan previously accepted and approved by the Zoning Official, and Commission review is not now required, the Zoning Official, pursuant to §20-300-10b-(b) of the Department of Consumer Protection Rules and Regulations for Professional Engineers and Land Surveyors, in those situations where (1) there is no additional need to measure, evaluate, and/or map topographic conditions; (2) there is no additional need to know the location of boundary lines, interior lot lines, and/or street lines; (3) there is no need for additional monumentation; (4) the exact horizontal locations of existing and proposed buildings and structures are not required; and (5) the exact vertical locations of existing and proposed buildings, structures, or other improvements, are not needed to determine compliance of the minor modification with the zoning regulations, the Zoning Official may, upon request of the applicant, waive the requirement for a new sealed site plan, and/or for any specific content requirements of a site plan listed in §6.6, when not necessary to determine the application’s compliance with the Zoning Regulations.

J. For applications that consists of only a minor modification, such as (for example) the addition or removal of an accessory structure without a permanent foundation, to a sealed site plan previously accepted and approved by the Commission, and Commission review is now required, the Commission, pursuant to §20-300-10b-(b) of the Department of Consumer Protection Rules and Regulations for Professional Engineers and Land Surveyors, in those situations where (1) there is no additional need to measure, evaluate, and/or map topographic conditions; (2) there is no additional need to know the location of boundary lines, interior lot lines, and/or street lines; (3) there is no need for additional monumentation; (4) the exact horizontal locations of existing and proposed buildings and structures are not required; and (5) the exact vertical locations of existing and proposed buildings, structures, or other improvements, are not needed to determine compliance of the minor modification with the zoning regulations, the Commission may, upon request of the applicant, waive the requirement for a new sealed site plan, and/or for any specific content requirements of a site plan listed in §6.6, when not necessary to determine the application’s compliance with the Zoning Regulations.

K. The application fee will be waived upon request if the proposed development will be located on Town or state owned land and/or is in support of a Town Council authorized Commission, such as the Cemetery Commission, Library Commission, Historic Commission, Economic Development Commission, Conservation Commission, Planning Commission, and similar agencies.

L. Pursuant to CGS §7-159b, for applications requiring Commission approval, an applicant may request the Commission conduct a pre-application review for the purposes of (i) helping the applicant meet these regulations and goals, (ii) to discover in advance what the Commission will allow and to determine how to meet the Commission’s concerns when a formal application is submitted, (iii) eliminate misconception and generate suggestions by both sides which solve respective problems and concerns, and (iv) to save money for the applicant by avoiding numerous costly revisions to application documents. A pre-application review shall not be binding on the applicant or the Commission.

6.3 Review Procedures

A. The Zoning Official shall review all site plans for compliance with the regulations.

B. The Zoning Official will notify the clerk of the adjoining municipality by certified mail for any petition, application, request or plan of any project on any site in which:

(1) Any portion of the property affected by a decision is within five hundred (500) feet of the boundary of the adjoining town.

(2) A significant portion of the traffic to the completed project on the site will use streets within the adjoining town to enter or exit the site.

(3) A significant portion of the sewer or water drainage from the project on the site will flow through, and significantly impact, those systems within the adjoining town.

C. The Commission shall review and approve or disapprove all site plans and development applications that are its responsibility within sixty-five (65) days of the statutory date of receipt, unless an extension of time is granted by the applicant. The extension cannot exceed an additional 65 days.

D. The Commission, in approving any site plan, may require, as a condition of said approval, the applicant to post satisfactory surety in order to assure satisfactory completion of and full compliance with all proposed improvements, not including buildings, shown on the approved site plan and other approved documents. Reference §15.6 “Bonding”.

E. During a site plan review, in the event of an error, regulation conflict, risk to public health, safety, convenience, or property values, or an omission is discovered, the Commission and the Applicant can agree to the adoption of modifications. To be adopted, proposed modifications shall (i) be within scope of the original application, (ii) be minor, (iii) be consistent with these regulations, and (iv) not negatively impact public health, safety, convenience, and/or neighboring present or future property values.

F. For site plan reviews that are part of a special permit development application, in addition to minor modifications that are permitted by agreement in §6.3-E, the Commission may:

(1) Impose conditions of approval necessary to protect public health, safety, convenience, and neighboring present and future property values.

(2) For an otherwise meritorious application that fails in some minor technical aspect to meet a regulation or a design guideline, the Commission may impose condition(s) of approval, or waive the requirement, if doing so will cause no risk to public safety, health, convenience, or surrounding present or future property values and the purpose of the special permit will clearly be achieved.

(3) Imposed conditions of approval may include a requirement for the applicant to periodically brief the Commission or the Zoning Official, and/or to periodically provide data and certify the compliance status of his development with the approved site plan, development plans, and with these regulations.

G. An applicant may suggest conditions of approval, and provide supporting testimony and written evidence, for the protection of public health, safety, convenience, and/or property values, to justify their adoption by the Commission.

H. Any decision by the Commission to modify or deny a site plan shall include the reasons for such denial or modifications on its record.

I. A Notice of Decision by the Commission will, within fifteen (15) days after such decision is rendered, be (1) sent by certified mail to the person who submitted such plan, and (2) published in the New London Day.

J. The Commission may, as a condition of approval of any modified site plan, require a bond in an amount and with surety and conditions satisfactory to it, securing that the modifications of such site plan are made.

K. The Commission may grant an extension of the time to complete work in connection with such a modified site plan. The Commission may condition the approval of such extension on a determination of the adequacy of the amount of the bond or other surety furnished under this section.

6.4 Certificate of Use and Compliance

A. A Certificate of Use and Compliance will be issued only if the Zoning Official determines that the “as-built” development is (1) located and constructed in substantial compliance with its approved site plan and in conformance with these regulations; and (2) for development proposals pursuant to a special permit, is also in compliance with the conditions of approval imposed by the Commission.

B. Pursuant to §20-300-10b-(b) of the Department of Consumer Protection Rules and Regulations for Professional Engineers and Land Surveyors, in situations where (1) there is a need to measure, evaluate, and/or map topographic conditions; or (2) there is a need to know the exact location of boundary lines, interior lot lines, and/or street lines; or (3) there is a need for additional monumentation; or (4) the exact horizontal location of new structure(s) is necessary; or (5) the exact vertical location of existing and new buildings, structures, or other improvements, is necessary to determine a development’s compliance with its approved site plan, the zoning regulations, and with any conditions of approval imposed by the Commission, the Zoning Official may require the applicant for a Certificate of Use and Compliance, prepared by a licensed surveyor on his letterhead, to confirm the as-built structures are in substantial compliance with the approved site plan, these zoning regulations, and any conditions of approval.

6.5 Site Plan Expiration

A. For site plans approved by the Commission, pursuant to CGS §8-3(m), all work in connection with the plan shall be completed within nine (9) years after approval of the plan. The approval of such site plan shall state the date on which such nine year period expires. Failure to complete all work within such nine year period shall result in the automatic expiration of the approval of such site plan unless the Commission grants one or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed fourteen (14) years from the date the site plan was approved. “Work” means all physical improvements required by the approved plan.

B. If a Commission approved site plan for a non-residential development expires, a new application for development of the property is required which must conform with the regulations that are in effect at the time of reapplication.

C. If a Commission approved site plan for a residential development expires, a new application for development of the property is required. However, pursuant to CGS §8-3(h), if the original approved site plan was recorded with the Town Clerk, the development of the property may conform with the site plan and regulations that were in effect when the original application and site plan were approved. Alternatively, a new application and site plan can be submitted that is in conformance with the regulations that are in effect at the time of reapplication.

D. For site plans approved exclusively by the Zoning Official, the site plan shall automatically expire when the applicable zoning regulations are amended unless a building permit is issued prior to the effective date of the amended regulations. If a building permit is issued, and the applicable zoning regulations are amended while the building permit is valid, the site plan will automatically expire when the building permit expires unless construction is substantially in progress by that time.

6.6 Site Plan Requirements

A. A minimum of two (2) copies of site plans are required for any application. Applications that require Commission review require an additional eight (8) copies for Commission members.

B. All site plans shall illustrate the proposed development of the property and satisfy the following requirements:

(1) The site plan shall be drawn at a scale of one inch (1”) equals forty feet (40’), or another scale as may be approved by the Zoning Official or Commission, as appropriate, and shall include the following information:

(a) The name and address of the applicant and owner of record as listed on the Town's tax roles.

(b) Date, north arrow, and a numerical and graphic scale on each map.

(d) A table or chart indicating the proposed number or type of uses, lot area, lot width, yards, building height, coverage, floor area, parking spaces, existing and proposed impervious cover, total percentage of impervious coverage, landscaping, and non-developed Land or buffer areas as they relate to requirements of the zoning regulations.

(d) The address of the property and/or parcel identification number.

(e) Signed permission authorizing Commission members, the Zoning Official and/or Town staff to conduct a site walk of the property.

(f) The boundaries of the property.

(g) Location, width and purpose of all existing and proposed easements and rights-of-ways on the property.

(h) Existing and proposed contours with intervals of two (2) feet, referred to NGVD 29 or NAVD 88 datum.

(i) Location of all existing wooded areas, watercourses, flood hazard areas, wetlands as confirmed by a certified soil scientist, 200 square feet or larger of ledge, and other significant physical features.

[i] Where appropriate, the mean high water line, the flood hazard boundaries, and the channel encroachment line should also be shown.

[ii] If an inland wetlands and watercourses permit is required, an application to the wetlands agency shall be made prior to, or on the same day, as submission of the application for the zoning permit.

(j) Adjacent properties.

(k) Demarcation line showing CAM boundary.

(2) Applications that involve Buildings and Land Uses (From §8.0 “Supplemental Regulations”, Attachment A – “Schedule of Permitted Uses”; Attachment B – “Area and Bulk Table”; Attachment C – “Parking Table”; and Attachment D – “Design Guidelines” if in a Village or Design District.)

(a) All site plan information required per §6.6.B(1).

(b) Location and building footprint (including decks, overhangs, pools, etc.), design, size (to scale) and height of all existing and proposed buildings and structures, signs, fences, walls and any other structures as may be appropriate. (Reference the Design Guidelines if in a Design or Village District.)

(c) Location of all existing and proposed uses and facilities not requiring a building, such as tanks, light standards, dumpsters, transformers, tennis courts, benches and such.

(d) Setback lines required by zoning. (See Attachment B – “Area and Bulk Schedules”)

(e) Actual setback distances.

(f) Offsets from both principal structures and accessory structures to property lines.

(g) Well location and/or public water connection.

(h) Septic system (including “ties” to principal and accessory structures).

(i) Location of footing and/or gutter drains and their point of discharge.

(j) Location and height of retaining walls.

(l) Encroachments on Town property.

(m) Mapped wetlands, if applicable.

(n) Landscaping (to acceptable scale).

(o) Mapped and written description of measures to be taken to minimize the erosion of soil and the deposition of sediments in drainage features – both natural and man-made during and after construction.

(p) Utility easements.

(q) A location map providing an accurate scale map at one (1) inch equals one thousand (1,000) feet showing the subject property and all property and streets within 1,000 feet of any part of the subject property, including all lots and lot lines, all District boundaries, and all existing streets and roads. The location map may be included on other plan sheets.

(3) Applications that require Parking, Loading, and/or Circulation (From §8.0 “Supplemental Regulations”, Attachment C “Parking Table”, and Attachment D “Design Guidelines” if in a Village or Design District.)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) Location, arrangement and dimensions of automobile parking spaces, aisles, vehicular drives, fire lanes, entrances, exits and ramps.

[i] Any use of property which can reasonably be expected to generate large volumes of traffic may be required by the Commission to provide for entrances to and exits from the property by way of an adjacent and less traveled public highway, or frontage road, in lieu of direct access from and to a major or more heavily traveled public highway.

[ii] Site plans shall include a plan for interconnections to adjacent properties, including a plan to reserve land for any future connections.

(d) Location and dimensions of pedestrian walkways, entrances, and exits.

(e) Surface treatment of all parking and loading areas.

(4) Applications that involve Non-Developed Land and Landscaping (From §8.0 “Supplemental Regulations”, Attachment A “”Permitted Uses”, Attachment B “Bulk Table”, Attachment C “Parking Table”, and Attachment D “Design Guidelines” if in a Village or Design District.)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) Percentage, size, arrangement, uses, and dimensions of all Non-Developed Land of the site.

(c) Location, layout, type, and size of all buffers, landscaping, plant materials, fencing and screening materials proposed.

(d) Location of existing trees with a trunk caliper of more than six (6) inches, except in densely wooded areas where the foliage line shall be indicated.

(5) Applications that involve Signs and Lighting. (From §8.0 “Supplemental Regulations”, §9.0 “Signs”, and Attachment D “Design Guidelines” if in a Design or Village District.)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) Location, size, dimensions, height, orientation, and plans (including content) of all signs.

(6) Applications that require Utilities, Drainage, and/or Storm Water Control.

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) Location and design of all existing and proposed public and private utilities (including septic systems), provisions for recycling, wells, and refuse collection areas.

(c) Drainage: Storm water control measures shall be provided for impervious surfaces within the site, either as stipulated below or in other situations.

[i] All storm water control measures shall be approved first by the appropriate Town of Ledyard staff member, followed by a review by the Commission.

[ii] All storm drainage for proposed commercial development in which the combined square footage of roofs, paved Parking Areas and other impervious surfaces exceeds ten thousand (10,000) square feet shall be designed in accordance with, and subject to, the provisions of the Drainage Ordinance of the Town of Ledyard.

(7) Applications that require Sedimentation and Erosion control measures (From §8.0 “Supplemental Regulations”)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) A site plan will be required for all minor and major filling, excavating or relocating of topsoil, sand, gravel, clay, stone, or other materials on any lot except if part of an approved construction site of a permitted building, part of a farming operation, or is an exempt activity as permitted by these regulations.

(c) The site plan shall detail areas to be altered, denoting any existing drainage routes and/or changes to these routes.

(d) Existing topography shall be disturbed to a minimum.

(e) Wherever possible, trees shall be preserved.

(8) Applications that require Soil Erosion and Sediment Control Plans pursuant to CGS §22a-325 to §22a-329 based on the "Connecticut Guidelines for Soil Erosion and Sediment Control," (1985) as amended (disturbed area cumulatively more than .5 acre) (From §12.2 under “Natural Resources”)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) Locations and descriptions of the proposed development and adjacent properties;

(d) A schedule of operations, including the sequence of major improvement phases such as clearing, grading, paving, installation of drainage features and the like;

(e) Seeding, sodding or re-vegetation plans and specifications for all unprotected or un-vegetated areas;

(f) Location, design and timing of structural control measures, such as diversions, waterways, grade stabilization structures, debris basins, storm water sediment basins, and the like. The narrative shall indicate design criteria used in the design of control measures;

(g) A description of procedures to be followed to maintain sediment control measures;

(h) The name of the individual responsible for monitoring the plan with whom an inspector for the Town may contact routinely; and

(i) The plan map shall show the words: "Erosion and Sediment Control Plan" with space for the date and signature of the Chairman/Vice Chairman of the Zoning Commission or its agent.

(9) Applications for multi-family dwellings, residential-institutional uses, clubs, convalescent homes, sanatoria, private non-residential educational institutions, retail, and similar uses. (From §8.0 “Supplemental Regulations” and Attachment A – “Schedule of Permitted Uses”)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) Landscaping (per §6.6.B(4))

(e) Lighting (per §6.6.B(5))

(f) Drainage (Reference Storm Water Management Ordinance if greater than 10,000 square feet of new impervious surfaces.)

(10) Applications that involve a Staging Plan. In cases where the applicant wishes to develop in stages, an overall site and staging plan indicating ultimate development shall be submitted.

(11) Applications that involve Home Husbandry. (From §8.0 “Supplemental Regulations”)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) The amount of contiguous area available to keep the livestock and/or poultry.

(d) Distances from fences and shelters to property lines, streets, houses on abutting properties, and wells on applicant and abutting properties.

(e) The total number and type of livestock and/or poultry to be kept.

(12) Applications that involve filling, excavating or relocation of topsoil, sand, gravel, clay, stone or other minerals. (From §12.4 “Natural Resources”)

(a) All site plan information required per §6.6.B(1) & §6.6.B(2).

(b) The proposed truck access to the excavation.

(d) The hours of operation.

(e) The machinery to be used on site.

(f) The type of buildings or structures to be constructed on site.

(g) Location of existing structures on the subject parcel and adjacent properties, including information regarding depth to the ground water table and a log of soil borings taken to the depth of the proposed excavation.

(h) Such proposal shall show details for landscaping the site during and after completion of operations, and proper drainage of the area of the operation during and after completion of the work.

6.7 Additional Site Plan Requirements by District

A. Mobile Manufactured Home Land Use Community District (RM-40):

(1) In addition to site plan requirements (§6.6.B) as applicable, the application shall also include:

(a) Storm drainage plan;

(b) Sanitary sewer plan;

(d) If well water is the water source, include water treatment facilities and sampling spigot locations.

(e) Community lighting plan.

(f) Electrical distribution plan.

(g) Cable distribution plan.

(h) Roadways.

(i) Pathways.

(j) Street names.

(k) Site numbering (for compliance with 911 requirements).

(l) Fire hydrants (if any).

(m) Sidewalks (if any).

(n) A general landscape design overview approach including a detail representative landscape proposal for one (1) (or more) homes and home sites, a detail landscape proposal for the community entrance, and a detail landscape proposal for the Community Center, if any.

(o) Common area, site, perimeter, dumpster (if any), and RV storage screening plan.

(p) All signage (including, as appropriate, community entrance, office, sales, parking, traffic control and direction, street names, "private property," "no soliciting," and "no trespassing" signs.)

(q) Refuse and recycling management plan.

(r) Dumpster size and location(s), if any.

(s) Mail and newspaper delivery plan (on site vs. central structure delivery).

(t) Parking plan including on-site, guest, and RV parking.

(u) Public facilities, if any.

(v) The lease lines for each site, parking for each site, and the recommended orientation footprint of each proposed Mobile Manufactured Home when installed on each site.

(w) Descriptions of any significant facilities and services that will be provided by the land lease community owner.

(x) The location, design, and size of the Mobile Manufactured Home land lease community bulletin board required for the posting of the Community Rules and Regulations, and the posting of the License issued by the Department of Consumer Protection.

(y) The identification of a sales office and/or community management office, if any.

(z) Approval block on site plan for Chairman/Vice Chairman, date of approval, and date of expiration.

B. Ledyard Center Village Districts (LCVD 1, 2, 3 & MFVD); Gales Ferry Design Districts (GFDD 1 & 2); Resort Commercial Cluster Districts (RCCD 1 & 2); Industrial Districts (I), Neighborhood Commercial (NC); and Commercial/Industrial Park (CIP):

(1) In addition to site plan requirements (§6.6.B as applicable), the application shall also include:

(a) Statement of Use: A written statement, signed by the applicant, and by the owner if different from the applicant, describing the nature and extent of the proposed use or occupancy in sufficient detail to determine compliance with the use provisions of these regulations.

(b) Identification of the proposed potable Water Supply.

(d) Traffic Generation:

(i) For all new industrial development, a report of the estimated amount and type of vehicular traffic to be generated on a daily basis and at peak hours; and

(ii) The estimated number of persons to occupy or visit the premises on a daily basis, including parking and loading requirements for the proposed use or uses.

(e) All other plans and reports required under these regulations, a listing of any permits required from any state and/or federal agencies, and the status of such permit applications

(2) Loading Spaces

(3) Important existing landscape features

(4) Proposed Landscaping

(5) Storm drainage

(6) Water supply

(7) Refuse management provisions

(8) Encroachments on Town property

(9) Demarcation on site plan of areas within 500 feet of the boundary of an adjoining town.

(11) Note on site plan when a significant portion of the traffic to the completed project on the site will use streets within the adjoining town to enter or exit the site.

(12) Note on site plan when a significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact those systems within the adjoining town.

(13) Approval block on site plan for Chairman/Vice Chairman, & date of approval and date of expiration.

C. Ledyard Center Village Districts (LCVD 1, 2, 3 & MFVD); Gales Ferry Design Districts (GFDD 1 & 2):

(1) Architectural Elevations and Renderings (Reference Design Guidelines) appropriate for the Architectural Review Board and/or the Commission to properly assess the application.

(2) Drawings, models, and/or perspectives that illustrate the 3-dimensional massing and architectural character of proposed new buildings and substantial renovation of existing buildings, including adjacent buildings, that are adequate for the Architectural Review Board and/or the Commission to properly assess the application.

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SECTION 7.0: SPECIAL PERMITS

7.1 Purpose and Authority

A. Special permits are required for those uses and buildings listed in Attachment A that require an intensive public review in order to assure that these regulations are satisfied, the purpose(s) of these regulations will be achieved, and public health, safety, convenience, and property values will be protected.

B. The Commission shall grant a special permit if, after a public hearing, it finds that such proposed buildings and proposed uses are a listed permitted use, conforms to the requirements of Attachment A and these Regulations, is consistent with the special permit objectives, and will not constitute a risk to public safety, health, convenience, and neighboring property values.

7.2 Application for Special Permit

A. Applications for a special permit shall be made in writing to the Commission and shall include the following:

(1) A written statement describing the proposed use or uses.

(2) A site plan in accordance with §6.0 of these regulations.

(3) A list of requested waivers to requirements of the zoning regulations for which the applicant (a) cannot reasonably satisfy, and (b) are unnecessary to achieve the objective of the special permits, and (c) are unnecessary to protect public health, safety, convenience, and present and future neighboring property values. The applicant shall provide a written justification for each requested waiver. There is no obligation on the Commission to approve waiver requests.

(4) The application fee, in accordance with the fee schedule adopted by the Commission, to help defray the cost of administration. Said fee shall be paid at the time of filing the application.

(5) During the hearing, “Certificates of Mailing” (Proof of Mailing), and a copy of the notice, showing that each Owner of Record of property abutting the subject property was notified of the proposed development, the nature of the development, and the date, time, and location of the public hearing.

7.3 Special Permit Objectives

A. To insure that the proposed development is a permitted use and permitted structure for the district, and is consistent with the purpose of the use as stated in these regulations.

B. To insure that the proposed development’s size, location, and character will be in harmony with the surrounding area.

C. To insure that the proposed development will be implemented in a manner that will not be detrimental to the orderly development of adjacent properties .

D. To insure that the proposed development will be implemented in a manner that will not be detrimental to the health, safety, and convenience of its neighbors.

E. To insure that the location and size of such use, the nature and intensity of operations involved in connection to the use, its site layout, and its relation to access streets shall be such that both pedestrian and vehicular traffic, and the assembly of persons in connection with the use, will not be hazardous or inconvenient, or incongruous with, any Residential District or conflict with the normal traffic of the neighborhood.

F. To insure that the location and size of such use, the nature and intensity of operations involved in connection therewith, and the site layout and development will not have a negative impact on any environmental and natural resource areas on or adjacent to the site or within the neighborhood.

7.4 Public Hearing

A. The Commission shall hold a public hearing on applications for a special permit.

7.5 Conditions of Approval

A. The Commission shall approve an application for a special permit if it determines, after a public hearing, that (i) the proposed use or uses are expressly permitted in the Zoning Regulations, and (ii) the standards in the regulations are satisfied.

B. All requirements set forth herein are in addition to the requirements for any use in the District which is a designated use by right.

C. The Commission may impose conditions of approval if necessary to protect the public health, safety, convenience, and property values.

D. No Approval shall be effective until a copy of the decision containing the name of the Owner of Record, a description of the premises to which it relates, and specifying the reasons for its decision, is recorded in the land records. The applicant or the Owner of Record shall be responsible for and pay for such recording.

E. Any permit application may be denied by the Commission if proposed access to a public highway is deemed to create a hazardous condition, or when the expected traffic to be generated from the proposed use of property is considered cumulative with existing traffic conditions, and is deemed to cause or to worsen hazardous conditions so as to imperil public safety.

F. On each individual application, the Commission will consider the design of access, any proposed construction designs peripheral to access and related to traffic control, existing traffic conditions and any adjacent nearby pending and potential development.

G. The Commission may impose, as a condition of approval, certain minimum sight line distances depending on traffic conditions and posted speed limits and/or a survey of average vehicular speeds. (Reference Town Road Ordinance #45 for Town roads, and /or DOT requirements for state roads.)

7.6 Enforcement

A. In the event of non-compliance with the approved site plan, non-compliance with any of the conditions of approval imposed by the Commission, or if there is a non-compliance with the zoning regulations in effect at the time the special permit was granted, a special permit shall, in perpetuity, be subject to enforcement by the Zoning Official and/or the Commission as provided by CGS §8-3(e) and Town Ordinance #118, and in addition, may be subject to temporary or permanent revocation by the Commission

7.7 Amendments or Modifications to Special Permits

A. Applications for modifications to previously approved special permits necessitated by site conditions, or which are in the public interest, or for other good reason, shall be made in the same manner as for the original application. Applications for amendments or modifications which are deemed by the Commission to be for a minor change of use, as defined, may upon request of the holder of the special permit, be reviewed as an agenda item and adopted or rejected by the Commission without a public hearing.

SECTION 8.0: SUPPLEMENTAL REGULATIONS

All structures and uses are required to conform with constraints imposed by the applicable regulations unique to each zone (see the Zoning District Map and §4.0), plus the applicable constraints imposed by the Schedule of Permitted Uses (Attachment A), the Area and Bulk Schedule (Attachment B), the Parking Table (Attachment C), and for structures and uses in the Village and Design Districts, the Design Guidelines (Attachment D). In addition, structures and uses are required to conform with the these Supplemental Regulations to further protect the public health, public safety, public convenience, and/or property values. In the event of conflict, these Zoning Regulations take precedence over the attachments.

TBD entries are reserved for infrequent complex uses that are allowed per the Schedule of Permitted Uses (Attachment A) by special permit but which cannot be approved by the Commission without supplemental regulations to protect public health, safety, convenience, or property values, and/or to assure the proposed use will be consistent with the purpose of the district. Supplemental regulations may be proposed by the Commission, an applicant, the Planning Department, Planning Commission, or a member of the public. A public hearing will be conducted for any proposed amendments to the se Zoning Regulations.

8.1 Accessory Apartment (In-Law Suite)

A. Accessory Apartments (in-law suites) are permitted as an accessory use of a single family dwelling.

B. Accessory Apartments shall be equal or larger than 400 square feet and not exceed 1/3 of the gross floor area of the single family dwelling.

C. The owner of the property, who must be a natural person in whom the fee title of the subject premises is vested, shall occupy either the principal dwelling unit or the accessory apartment.

D. The accessory apartment may be occupied only by parents, siblings, grandparents, great grandparents, children (including adopted children), grandchildren, great grandchildren, aunts, uncles, nieces, nephews, or first cousins of one or more persons who occupy the single family dwelling.

E. The owner of the property shall file on the land records that the property contains an accessory apartment that cannot be rented, and which may be occupied only by parents, siblings, grandparents, great grandparents, children (including adopted children), grandchildren, great grandchildren, aunts, uncles, nieces, nephews, or first cousins of one or more persons who occupy the single family dwelling.

F. The accessory apartment shall not be rented for income.

G. Both the existing single family dwelling and the proposed accessory apartment shall demonstrate compliance with the Connecticut Public Health Code and Building Code.

H. No more than two (2) individuals shall reside in the accessory apartment.

I. The space devoted to the accessory apartment shall be within a single-family dwelling and connected by at least one doorway so that there is access to the accessory apartment from the interior of the single family dwelling, and vice versa.

J. No part of the accessory apartment shall be below grade.

K. The accessory apartment shall contain one (1) bedroom, one (1) bath, one (1) kitchen, and one (1) living room area.

L. A single-family dwelling unit with an accessory apartment may not have roomers or boarders.

M. The appearance of the single family dwelling containing an accessory apartment shall not be distinguishable from other single family dwellings in the neighborhood.

N. Parking for the accessory apartment shall be per §10 and Attachment C.

O. The exterior entrance to the accessory apartment, if required, shall be on the rear or in other such location that it cannot be viewed from the street.

P. The accessory apartment (in-law suite) shall share the same electrical, heating, water, hot water heating, cable, and sewage disposal systems that are provided for the principal single family dwelling.

8.2 Accessory Structures and Uses

A. Accessory Buildings and structures with a floor space larger than fifty (50) square feet require a zoning permit.

B. A building attached to a principal building by a covered passageway, or having a wall or part of a wall in common with it, shall be considered an integral part of the principal building and not an accessory building.

C. Accessory buildings require a principal building on the same parcel except if the parcel is a 3 acre or larger operating farm, in which instance a barn and/or a farm stand may be a principal building if there are no other buildings.

D. In Residential Districts, the footprint size, measured in square feet, of all accessory buildings combined shall not exceed 75% of the footprint size of the principal building unless the accessory building is a barn on an operating farm of 3 acres or more.

E. In Residential Districts, the height of an accessory building shall not exceed 75% of the height of the principal building unless the accessory building is a barn on an operating farm of 3 acres or more.

F. In Residential Districts, Accessory Buildings shall be located in rear yards or in side yards and are prohibited in front yards.

G. In Residential Districts, Accessory Buildings that are used primarily for the storage of motor vehicles may be located no closer to the street than the extended front plane of the principal structure or the minimum front-yard setback for the zone, whichever is less.

H. When located in a Side Yard, an Accessory Building shall be situated no closer to a side lot line than the minimum width required by a Side Yard for a principal building. When located on a corner lot, an Accessory Building shall be no closer to a side street lot line than the least depth of any Front Yard required along such street. No Accessory Building located in a Rear Yard shall be closer to a lot line than six (6) feet. When a lot fronts on two (2) parallel streets, any Accessory Building shall be located on the one-third (1/3) of the lot farthest from both streets.

8.3 Adult Day Care Center

A. TBD

8.4 Amusement Parks, Water Parks

A. TBD

8.5 Antennas & Antenna Towers

A. Purpose and Objectives. To provide for the location of wireless telecommunication facilities, Antennas and Towers while protecting residential neighborhoods and minimizing the adverse visual and operational effects through careful design, siting and screening. This Section of the Zoning Regulations is consistent with the Telecommunications Act of 1996 in that it does not discriminate among providers of functionally equivalent services, prohibit or have the effect of prohibiting the provision of personal wireless services, or regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations concerning such emissions.

B. Telecommunication Facilities, Antennas, and Towers Permitted as a Use by Right. The following normal and customary residential uses are permitted as of right:

(1) Amateur Radio Service (including Amateur Radio Emergency Service) Antennas and Amateur Radio Service Tower installations meeting the following standards:

(a) Towers, transmitters and Antenna installations that comply with Part 97 of FCC rules and regulations;

(b) The distance to the nearest property boundary shall be not less than two-thirds (2/3) of the Tower height. For bracketed Towers supported by a building the Tower height shall be measured from the bracket attachment height;

(d) Towers shall meet all setback requirements for the Zoning District.

(2) Traditional radio, television, scanner and miscellaneous Antennas used by homeowners that meet the following requirements:

(a) Height of roof mounted Antenna does not exceed twenty (20) feet above the highest point of the structure;

(b) Size of roof mounted dish Antennas shall not exceed three (3) feet in diameter;

(3) Citizen Radio Service (CB) Antennas and Towers that are operated in accordance with FCC regulations and emissions standards (twenty (20) feet above highest point of structure and sixty-five (65) feet maximum Tower height) and having a maximum power of five (5) watts. Towers shall meet all setback requirements for the Zoning District.

8.6 Assisted Living for Seniors

A. Purpose. To provide community living and a semi-independent lifestyle for residents, at least one (1) of whom is a person fifty-five (55) years of age or older, and not to exceed two (2) in an apartment. The design and development of the facility shall meet the needs of the elderly and shall provide for their safety, health and general welfare.

B. Requirements:

(1) The minimum lot area shall be 3,000 square feet per apartment.

(3) The maximum capacity of an Assisted Living for Seniors community is 130 apartments (260 residents). The minimum capacity of an Assisted Living for Seniors community is 10 apartments (20 residents).

(4) Community areas, or areas suitably equipped to meet the social interaction and leisure time needs of the residents. The space shall include social interactive areas as well as individual interactive areas. The community areas shall be conducive to activities such as conversational seating, areas for reading, television viewing, table games, as well as space and equipment for the other recreational and social activities.

(5) Garage or Parking Areas, open or covered.

(6) All services shall be for occupant/resident use only.

(7) Parking shall be in accordance with §10.0.

(8) A management plan shall be submitted. The management plan shall describe and guarantee, to the satisfaction of the Commission, the maintenance, repair, and replacement of facilities and property, in perpetuity, for both the common facilities and the apartments.

(9) At least eighty percent (80%) of the units are affordable housing, as defined in CGS §8-39a.

(10) Restrictions, consistent with CGS §8-39a, are recorded in the Land Records, maintaining the affordability for at least forty (40) years;

C. Accessory Uses. Accessory Uses are permitted provided they are compatible with, and subordinate to, the Assisted Living for Seniors facility. Accessory uses include, but are not limited to:

(1) Medical, health care and social services offices, and health, therapy and rehabilitation facilities.

(2) Common Dining Area.

(3) Pharmacy.

(4) Laundry Services.

(5) Emergency Services.

(6) Personal Service Establishments.

(7) Chapel/religious services.

(8) Recreational Facilities.

(9) Shuttle bus or van service, exclusively for the residents, guests of residents, and employees of the Assisted Living for Seniors facility.

8.7 Auto Service and Auto Rentals (with fuel sales)

A. TBD

8.8 Bed and Breakfasts

A. Purpose: To allow for the offering of overnight accommodations and breakfast to travelers for a fee where an existing home has unique structural or site characteristics which lend themselves to a Bed and Breakfast-type setting. It is not the intent of these regulations to allow Bed and Breakfast establishments in conventional residential developments or subdivisions. It is the intent of this Section to insure that Bed and Breakfast operations do not infringe upon the privacy, peace, and tranquility of surrounding residents or decrease the aesthetic or real value of surrounding properties.

B. Requirements:

(1) The applicant shall provide written confirmation from the designated official of the Ledge Light Health District that all requirements of the Public Health Code, as they apply to Bed and Breakfasts, will be met.

(2) The applicant shall provide written confirmation from the Ledyard Building Official that all requirements of the Town of Ledyard Building Code, as they may apply, will be met.

(3) The applicant shall provide written confirmation from the Ledyard Fire Marshal that all requirements of the Connecticut Fire Codes, as they apply, will be met.

(4) Maximum length of stay per guest is twenty-one (21) days.

(5) Bed and Breakfasts shall be owner-operated and the Bed and Breakfast establishment shall be the principal residence of the owner. The applicant shall be the owner at the time of application.

(6) Parking shall be in accordance with §10.0.

(7) A maximum of five (5) guest rooms will be allowed.

(8) The lot on which the Bed and Breakfast is located shall consist of a minimum of five (5) acres. However, the minimum lot size may be waived by the Commission after evaluating the surrounding uses to ascertain if public safety, health, convenience, or protection of property values issues are satisfactory.

(9) Signs shall be in accordance with §9.0.

(10) The proprietor may serve meals to guests only. A public dining room and/or bar is prohibited.

8.9 Boat Docks, Slips, Piers, Wharves & Buildings

A. TBD

8.10 Boat Rental, Sales, Storage, Supplies

A. TBD

8.11 Campgrounds

A. No recreational campground shall be maintained or operated unless the owner conforms to applicable sections of the State Building Code and the State Public Health Code. In addition, recreational campgrounds shall conform to the following criteria:

(1) No new campground or expanded area of an existing campground shall be occupied until a certificate of compliance is issued attesting to the completion of all improvements as required by these Regulations by the Zoning Officer.

(2) The design of any recreational campground shall conform to the following standards:

(a) The campground shall be located on a well-drained site that is properly graded to ensure drainage and freedom from stagnant pools of water.

(b) Each recreational vehicle space shall be at least 1,000 square feet and the total number of spaces shall not exceed fifteen (15) per acre of campground.

(d) All recreational vehicle spaces shall abut upon a driveway not less than twelve (12) feet wide for one-way traffic or less than twenty-four (24) feet wide for two-way traffic.

(e) No space shall be closer than thirty (30) feet to any property or street line bounding the campground, or less than one hundred (100) feet from any existing residence.

(f) Spaces and driveways shall be identified by a letter, number, or combination thereof.

B. Parking shall not be permitted on roadways or driveway, which shall be kept open for emergency use by the fire department or ambulance.

C. There shall be a minimum twenty-five (25) foot buffer strip between the recreational campground and property boundary. The strip shall contain a screen of shrubbery or trees not less than four (4) feet above the ground level at the time of occupancy and shall thereafter be suitably and neatly maintained. The screen shall consist of at least fifty (50) percent of evergreens to maintain a dense screen at all seasons of the year.

D. There shall be a fence on the property line between the campground and any highway, street, or abutting property.

E. Electric power, where provided, shall be by underground wiring and shall comply with the State Building Code.

F. Recreational Space shall be provided in accordance with the following standards:

(1) A minimum of five hundred (500) square feet per recreational vehicle space shall be developed for recreational or playground uses.

(2) Playgrounds shall be protected from main highways and parking areas.

(3) Recreational facilities shall be designed and maintained to promote maximum safety for the users, adjacent property owners, and the general public.

(4) Recreational facilities covered by statute, such as swimming pools, shall meet minimum legal requirements, and the necessary permits shall be obtained.

G. A responsible attendant or caretaker shall be in charge at all times to keep the recreational campground, including facilities and equipment in a clean, orderly, and sanitary condition.

H. If Ledyard Police are required to maintain order or to direct traffic at the entrance of a campground, it shall be at the expense of the campground owner.

I. Recreational campgrounds shall provide the following supporting facilities:

(1) Sanitary facilities, consisting of flush toilets, lavatories, and showers with hot and cold running water shall be provided at all recreational campgrounds in numbers specified by the State Public Health Code.

(2) Each recreational campground shall have a lobby or office with a registration clerk.

J. A recreational campground may maintain a store and coin-operated laundry as an accessory use for the convenience of its campers. Free access shall be provided for delivery trucks.

K. A recreational campground may provide an accessory apartment for the caretaker of the campground, store, sanitary facilities, and laundry.

L. A recreational campground may provide entertainment facilities, including but not limited to, pavilions, pole barns, stages, sport facilities, piers, boating rentals, and similar accessory structures and uses.

M. Ice, soft drinks, candy, and similar items, may be provided as accessory uses subject to the State Public Health Code.

N. Off-street parking space shall be provided for visitors and employees per §10.0 of these regulations.

O. Campgrounds shall provide facilities for the dumping and disposal of wastes from holding tanks in accordance with the State Public Health Code.

P. A recreational campground may conduct business and accommodate tents and currently registered travel, recreational camping equipment, and vehicles from April 1st to November 1st.

Q. Occupancy at the campground shall not be construed as qualification for residency in the town of Ledyard.

R. No campground may accommodate or rent space to any person or group of persons for more than 30 total days per year.

S. From November 1st to April 1^st, campgrounds may store currently registered unoccupied travel, recreational camping equipment, and vehicles, in a select portion of the recreational campground that will remain accessible by emergency vehicles during the off season winter months. Such equipment and vehicles shall not be connected to campground utility services.

T. A copy of the campground’s proposed Rules and Regulations shall be included with the application.

8.12 Carwash

A. TBD

8.13 Cemeteries

A. A twenty (20) foot buffer strip will be maintained around all cemeteries within any district to prevent desecration.

8.14 Child Day Care Center

A. Shall satisfy all the requirements of the Public Health Code of the State of Connecticut as it applies to Day Care Centers.

B. Shall conform with all of the requirements of the Building Code as it applies to Day Care Centers.

C. Shall conform with all of the requirements of the Administrative Regulations of the Connecticut State Police Department and Connecticut State Fire Safety Codes as they apply to Day Care Centers.

D. Off street parking shall be provided.

E. An area for the loading and unloading of children shall be provided on the property.

8.15 Commercial Fishing/Lobstering/Shellfishing

A. TBD

8.16 Conference Center

A. TBD

8.17 Construction Trailers

A. A mobile trailer may be used as field offices, tool shops, and/or storage sheds for construction projects that have a valid zoning and building permit provided it is not used for sleeping or living quarters.

B. Periodic Certification of Continuing Conformance: Because the use of a construction trailer is intended to be non-permanent, it is necessary to know when its use is inactive, abandoned, or no longer being used in support of construction.

(1) The holder of a zoning permit for a construction trailer shall, every six (6) months, certify to the Zoning Official that the construction trailer (i) continues to be on the construction site in the same location as shown on the site plan, (ii) is being actively used in support of current construction on the site, and (iii) its use is continuing in conformance with the site plan and with these regulations.

(2) Failure to provide the Certification of Continuing Conformance to the Zoning Official within fifteen (15) days of its due date constitutes abandonment of the use of the site for a construction trailer.

(3) The Zoning Official may use a Construction Trailer Certification of Continuing Conformance form for this purpose.

(4) The Zoning Office may, but is under no obligation, to provide a reminder notice regarding the requirement for periodic Certification of Continuing Conformance.

C. Such units shall only be allowed on sites requiring little or no grading or other permanent changes to the landscape such that there will be no negative impact on the potential for future development of the site.

D. Such temporary mobile units shall be adequately landscaped in accordance with the standards of the District in which they are located. Where such uses are visible from a road or highway, or an abutting property owner, a visual buffer shall be provided to screen the mobile units from view.

E. A site plan shall accompany the application.

F. In no case shall such uses include the storage of oil, fuel, or hazardous chemicals (as defined by Connecticut DEEP).

G. All utilities shall be installed according to applicable state and local codes.

H. Such mobile units shall be arranged to allow access by emergency vehicles.

8.18 Country Inn

A. Purpose: To allow for the offering of overnight accommodations and meals, and to provide a venue for corporate meetings, retreats, and social events in homes and buildings that have unique structural and site characteristics and do not infringe upon the privacy, peace, and tranquility of surrounding residents or decrease the aesthetic or property values of surrounding properties. The Country Inn shall not be operated as a restaurant open to the general public in Residential Districts. In addition, the following shall be considered:

(1) The characteristics of the property, structures, and setting that will comprise the proposed Country Inn operation will be given considerable weight in the special permit approval process.

(2) Adaptive reuse of properties containing historic structures or within historic districts is encouraged. Historic structures are those recognized by the town or the state (evidenced by a listing in the Historic Resources Inventory filed with the Connecticut Historical Commission) and/or listing on the National Register of Historic Places. This documentation will be a significant factor for consideration in the approval process.

(3) The Country Inn should be located on an arterial or collector road as designated by the Planning Commission, as incremental increases in traffic due to the operation are easily absorbed on these roads and will not likely to be used by children at play.

(4) The relationship of the property and its structures to neighboring properties shall be compatible with the residential characteristics of the area. Country Inn establishments are not permitted in residential developments or subdivisions. County Inn operations shall not infringe upon the privacy, peace, and tranquility of surrounding residents nor decrease the aesthetic or real value of surrounding properties.

B. Requirements:

(1) The applicant shall provide written confirmation from the designated official of the Health District that all requirements of the Public Health Code, as they apply to Country Inns will be met.

(2) The applicant shall provide written confirmation from the Ledyard Building Official that all requirements of the Basic Building Code, as they may apply, will be met.

(3) The applicant shall provide written confirmation from the Ledyard Fire Marshal that requirements of the Connecticut Fire Codes, as they apply, will be met.

(4) Maximum length of stay per guest is (twenty-one) 21 continuous days.

(5) Country Inns shall be owner-operated and the Country Inn shall be the principal residence of the owner. The applicant shall reside on the property at the time of application.

(6) Structures and Site Modifications and Additions:

(a) Where modifications to existing Country Inn structures or uses are planned, the structures shall be individually approved by the Commission for Country Inn operations.

(b) Where existing structures not used in current Country Inn operations are adapted for reuse as part of a Country Inn, each structure shall be separately approved by the Commission.

(c) Exceptions or modifications to building or fire codes granted because of the historic nature of one (1) structure do not necessarily apply to another structure that is being adapted for reuse. Similarly, exceptions and modifications granted to one (1) structure do not lapse because of code requirements for another structure.

(d) One (1) new structure for use in Country Inn operations may be added to each property, for a maximum of two (2) structures per property for Country Inn operations.

(e) Reuse of existing structures, including construction of new additions or structures shall be designed to architecturally complement the historic property and enhance the setting. Architectural designs shall be submitted with the application and approved by the Commission. These designs shall not create the look of a Hotel or Motel, regardless of proposed architectural style.

(7) The parcel or lot on which the Country Inn is located shall consist of a minimum of six (6) acres. However, the minimum lot size may be waived by the Commission after evaluating the surrounding uses to ascertain if public safety, health, convenience, or protection of property values issues are satisfactory.

(8) A maximum of thirty-two (32) overnight guests will be allowed in two (2) structures, a maximum of sixteen (16) overnight guests per structure.

(9) The dining and lodging facilities of the establishment shall be under common ownership and management.

(10) Indoor dining facilities seating capacity shall be limited to a maximum of sixty-four (64) seats.

(11) Parking shall be in accordance with §10.0.

(12) Signs shall be in accordance with §9.0.

8.19 Docks and Piers

A. TBD

8.20 Dwellings, Multiple Family (Apartments, Condominiums, Townhouses)

A. Apartment/Condominium complexes may consist of multiple buildings and shall not be permitted on lots of less than five acres.

B. Density. The permitted density for an Apartment/Condominium complex shall be determined as follows:

(1) No public sewers: A maximum of two (2) two-bedroom or four (4) one-bedroom units per acre.

(2) Public sewers: An average net density of four (4) two-bedroom or eight (8) one-bedroom units per acre.

(3) Age restricted housing developments: A maximum of four (4) three-bedroom units per acre.

(4) No apartment/condominium complex shall contain more than forty-eight (48) dwelling units.

(5) No building shall contain more than eight (8) dwelling units, which shall be the maximum number permitted per acre; except that a building may contain no more than thirty-two (32) dwelling units when the following criteria are met:

(a) At least fifty percent (50%) of the units are affordable housing, as defined in CGS §8-39a, with income and rent or sale price limits;

(b) Restrictions, consistent with CGS §8-39a, are recorded in the Land Records, maintaining the affordability for at least thirty (30) years;

(c) Occupancy for units in the development requires at least one (1) person age fifty-five (55) or older, and no persons under age eighteen (18) or younger are permitted;

(d) Common spaces for socializing and gathering are provided in the building;

(e) The building is fully accessible to persons with disabilities, including installation of an elevator if on more than one (1) floor; and

(f) Parking may be provided at a minimum rate of 1.25 spaces per dwelling unit, which shall take precedence over the minimum requirement in §10.0 of these regulations.

C. Water and Sewer.

(1) A community water system shall be provided.

(2) A written report from the State Department of Health endorsed by the Town Director of Health shall be submitted to the Commission concurring with the adequacy of plans for the proposed water and sewage disposal facilities.

D. Minimum floor size. With the exception of age restricted housing developments (which can include three (3) bedroom units), all apartment & condominium units shall have no more than two (2) bedrooms. One (1) bedroom units shall contain a minimum of 540 square feet. Two (2) bedroom units shall contain a minimum of 750 square feet of habitable living area. Apartment and condominium units with zero (0) bedrooms are not permitted.

E. Buffers

(1) A buffer strip of fifty (50) feet around the entire perimeter of such complex shall be left in its natural wooded state or planted with at least two (2) staggered rows of fir trees or landscaped in some other manner approved by the Commission. Buffer strips shall contain no parking areas or buildings. Other structures, such as wells, site utilities, recreation facilities, and drainage facilities may be allowed by the Commission within the buffer area. This determination will be made by the Commission after evaluating adjacent land uses (proposed or actual), the Commission is satisfied that adequate screening is provided; and, in the Commission’s opinion, the structure, it’s location, and/or its use will not adversely affect the buffering intent of the overall project.

(2) No building shall be erected within fifty (50) feet of a property line.

F. Recreational Space

(1) Recreational space is required for parks and recreation in area of at least ten percent (10%) of a single parcel used for any multi-family complex. The location of recreational space shall be approved by the Commission during the public hearing on the application. Disposition of such areas shall be either:

(a) The recreational space may be conveyed by warranty deed to a homeowners association within the complex to assure continued use for the purpose for which it was dedicated. A copy of the bylaws of the homeowners association and the covenants of the warranty deed, guaranteeing right to full use by the members, shall be submitted as part of the application; or.

(b) The recreational space may be held and maintained by the developer provided free access and availability for its use is available in perpetuity to residents of the complex. The method of satisfying this requirement shall be provided to the Commission as part of the application for a special permit for the complex.

(2) The condition, size and shape shall be readily usable for recreational space purposes.

(3) Such areas shall be easily accessible and balanced in design and location to preclude grouping of recreational space into the extremities of the parcel except for good cause.

G. Screening. The amount of screening required for Apartments/Condominiums & Multifamily Developments, within fifty (50) feet of the property line, will be reviewed by the Commission, who will take into consideration existing topography and foliage, the structure’s use, location, size and aesthetic impact on the adjoining properties, and the use of adjoining properties.

H. Off-street Parking. Off-street parking shall be provided as required by §10.0.

I. The Commission may require the posting of a bond under the conditions noted in §15.6.

J. Rooming and/or Boarding is not permitted within the apartments in a multi-family development.

8.21 Dwelling, Single Family

A. Shall be the legal residence of and occupied by its Owner to have roomers or boarders.

B. Shall not have more than two(2) roomers or two (2) boarders at any instant in time.

C. If the Single Family Dwelling includes an accessory (in-law) apartment, the single family dwelling may not have roomers or boarders.

8.22 Dwelling – Two Family (Duplex)

A. Two family dwellings (duplexes) shall satisfy the Area and Bulk requirements of Attachment B with the following exceptions:

(1) In an R-20 District, the minimum lot area must be: 40,000 square feet

(2) In an R-40 District, the minimum lot area must be : 50,000 square feet

(3) In an R-60 District, the minimum lot area must be: 80,000 square feet

(4) In an R-80 District, the minimum lot area must be: 120,000 square feet

8.23 Educational Institution – Private

A. TBD

8.24 Family Day Care Home

A. TBD

8.25 Family Entertainment Center

A. TBD

8.26 Farm Stands

A. Purpose. To allow the sale of seasonal agricultural and farm products grown on the farm where the Farm Stand is located or that is grown on other local farms.

B. Farm Stands, as defined in these regulations as an accessory building and accessory use to a farm, are permitted in accordance with Attachment A – “Schedule of Permitted Uses”, provided the following regulations are met:

(1) The building or structure is not to exceed a gross floor area of two hundred (200) square feet.

(2) The Farm Stands shall be on private property setback at least ten (10) feet from the paved roadway surface and at least fifty (50) feet from any intersection.

(3) No more than one (1) Farm Stand shall be permitted on a farm.

(4) Signs shall be in accordance with §9.0.

(5) The reduced setback distances and locations unique to accessory Farm Stands shall revert to the same setback distances and locations applicable for storage sheds in the event a Farm Stand remains unused for any continuous twelve (12) month period.

8.27 Field Sports, Court Sports, Pools, and Spas

A. TBD

8.28 Funeral Homes and Undertaking

A. TBD

8.29 Gas Station

A. TBD

8.30 Golf Course

A. TBD

8.31 Group Day Care Home

A. TBD

8.32 Helipad & Heliport

A. TBD

8.33 Home Husbandry

A. Purpose. To permit the keeping of certain types of Livestock and/or Poultry for personal and/or educational non-commercial private home use where site specific characteristics of a proposed area are compatible with such a use.

B. Applicants for a Home Husbandry special permit shall provide a copy of the application to abutting property owners, including a notice of the day, time, and location of the public hearing, at least 35 days prior to the scheduled hearing. The applicant, prior to or at the public hearing, shall provide a copy of the “Certificates of Mailing” (Proof of Mailing) to the Zoning Official.

C. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided the requirements of §7.0 “Special Permits” and the following regulations are met:

(1) Such activities shall comply with all applicable local, state, and federal health, air and water pollution regulations.

(2) Additional special permit requirements:

(a) No person shall keep or maintain Livestock and/or Poultry in Residential Districts that are not Farms without first obtaining a special permit from the Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations.

(b) Application for the special permit shall be made in writing by the owner of the land on which the Livestock and/or Poultry are to be kept and upon forms furnished by the Zoning Official.

(c) The Commission shall inspect or have inspected the premises before issuing a special permit to insure that the land is capable of Livestock and/or Poultry keeping in accordance with the requirements of this Section. The Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection.

(3) Livestock and/or Poultry kept for personal use shall be owned by residents or owners of the premises on which they are kept.

D. Standards for Livestock and/or Poultry Keeping:

(1) Confinement:

(a) An appropriate shelter shall be provided for the keeping of Livestock and/or Poultry.

(b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained so as to prevent run-off to adjacent lots or to watercourses.

(2) Setback:

(a) Setback distances between any shelter housing Livestock and/or Poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant’s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines.

(b) The Commission may require greater setback distances as it deems appropriate in insuring public welfare.

(3) Health:

(a) The living quarters of the Livestock and/or Poultry and the handling and disposal of solid and liquid wastes shall not create a public health hazard or have an adverse effect of the environmental quality of the surrounding area and the community in general as determined by local and state health officials, the Commission, or the Inland Wetlands and Water Course Commission.

(b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties.

(d) The use shall conform to all applicable local, state, and federal health, air and water pollution regulations.

(4) Keeping Area. The Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Commission to insure that the activity will not create a public nuisance or health hazard.

(a) Beef Cattle:

[1] Minimum shelter space of ten (10) feet by twelve (12) feet per animal.

[2] Minimum yard space of five thousand (5,000) square feet per animal for exercise area.

[3] If no pasture, one (1) acre per animal.

(b) Dairy Cattle:

[1] Minimum shelter space of ten (10) feet by twelve (12) feet per animal.

[2] Minimum yard space of four thousand (4,000) square feet per animal.

[3] If no pasture, one (1) acre per animal.

[1] Minimum shelter space of twenty (20) square feet per animal.

[2] Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head.

[3] If pastured, five (5) goats per acre.

(d) Horses (full size):

[1] Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal.

[2] One (1) full size horse per acre with supplemental hay and feed.

(e) Horses (miniature):

[1] Minibarn or minishelter as appropriate.

[2] Three (3) miniature horses per acre with supplemental hay and feed.

(f) Rabbits: (See Notes #28 & #33 to Attachment A – “Schedule of Permitted Uses”)

[1] Minimum shelter space of one (1) square foot per pound of rabbit.

[2] A thirty-six (36) by thirty six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit.

(g) Sheep:

[1] Minimum shelter space of twenty (20) square feet per animal.

[2] Minimum yard space of three hundred (300) square feet of feed Lot Area per animal.

[3] If pastured, five (5) animals per acre.

(h) Swine:

[1] Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth).

[2] Minimum yard space of one hundred (100) square feet per pig.

[3] No keeping area permitted in wetland or alluvial soils.

(i) Poultry Minimums:

[1] Laying Hens: (See Notes #28 and #33 to Attachment A – Use Table)

[a] Floor area of three and one half (3.5) square feet per bird.

[b] From one-half (.5) to one (1) acre, a limit of 4 chickens.

[c] From greater than one (>1) acre to (2) acres, a limit of eight (8) chickens.

[d] All poultry shall be penned and not allowed to run at large off of the owner’s property.

[e] Roosters cannot be kept where their crowing would annoy neighbors.

[2] Ducks:

[a] Floor area four (4) square feet per bird.

[b] Yard space forty (40) square feet per bird.

[3] Geese:

[a] Floor area of six (6) square feet per bird.

[b] Yard space of eighty (80) square feet per bird.

[4] Turkeys:

[a] Floor area of five (5) square feet per bird.

[b] Yard space of four (4) to five (5) square feet per bird.

(j) Keeping areas for any animal will be evaluated for compliance with best animal management practices to insure that animals are kept in a manner which will not constitute a public nuisance.

(k) All shelter areas shall be located on moderately well drained and/or well drained soils.

E. Maximum Limits: The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category unless approved by the Commission.

F. Conditions of Approval. The Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, local and state health requirements, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals.

G. Periodic certification. Because :

(1) the nature and intensity of some types of home husbandry is likely to change over time;

(2) there are inherent difficulties of determining continued conformance with the home husbandry regulations;

(3) it is important to determine if the home husbandry has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and

(4) it is necessary to know if the home husbandry is inactive or has been abandoned,

the holder of a home husbandry special permit, every two years, shall certify to the Zoning Official that the home husbandry use is continuing and in compliance with these regulations. The Zoning Official may use a home husbandry compliance certification form for this purpose.

H. A Home Husbandry permit is valid provided the home husbandry remains in compliance with all of its conditions of approval listed above as certified to by its owner, does not conflict with the purpose of this Section, the use has not been abandoned, and the nature of the home husbandry does not differ from the nature of the home occupation specified on the original permit application.

I. Enforcement. Failure to comply with the regulations for home husbandry will be cause for the Zoning Official to initiate an enforcement action pursuant to CGS §8-12 and §8-12a, which may include, but not be limited to, issuing a notice of violation, cease and desist order, zoning citation, and revocation of the home husbandry special permit.

8.34 Home Occupations

A. Purpose. To permit the accessory use of a single family dwelling in a residential district for financial gain in such a manner that protects public health, safety, convenience, and present and future neighboring property values. Home occupations are required to be minor, low intensity, and incidental to the residential use of the property by its owner, silent and invisible or nearly invisible at the property lines of nearby residents, and not generate a nuisance to any neighbor or cause any detrimental impact or decline to the aesthetic quality or value of the residence or to the surrounding residential neighborhood.

B. Periodic Certification of Continuing Conformance:

(1) Because (a) the nature and intensity of a home occupation is likely to change over time, (b) the inherent difficulties of determining continued conformance with the home occupation regulations, and (c) the need to determine if a home occupation has evolved such that it is endangering public safety, health, convenience or neighboring property values, the holder of a zoning permit for a home occupation shall, every two (2) years, certify to the Zoning Official that the use (e) has not been abandoned, and (f) is being conducted in conformance with these regulations.

(2) Failure to provide the Certification of Continuing Conformance within thirty (30) days of when due constitutes abandonment of the use.

(3) The Zoning Official may use a Home Occupation Certification of Continuing Conformance form for this purpose.

(4) The Zoning Office may, but is under no obligation, to provide a reminder notice regarding the requirement for periodic Certification of Continuing Conformance.

C. Conditions of approval and required conduct of the home occupation: As defined in these regulations, home occupations are permitted, with conditions necessary for the protection of public health, public safety, public convenience, and neighboring property values, in single family dwellings in all Residential Districts, including on farms located in Residential Districts, in accordance with Attachment A. The conditions are:

(1) The owner of the proposed Home Occupation shall be an owner of the single family dwelling, permanently reside in the dwelling where the Home Occupation will be conducted, and shall actively participate in the conduct of the home occupation. If there is more than one owner of the dwelling, or where an estate, corporation, limited partnership, or similar entity is the owner, a person with controlling interest, or possessing the largest number of outstanding shares owned by a single individual or corporation, shall reside permanently in the home. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the dwelling.

(2) The Home Occupation activities conducted at the location of the home shall not occupy more than 25% of the gross floor space of all inside heated areas of the Dwelling. "Waiting rooms" or "lobby" areas, used to seat customers, clients, and vendors of the Home Occupation, shall count towards the space limit of the Home Occupation.

(3) Home Occupations are permitted only within the Principal Dwelling. Garages, attics, sheds, hoop houses, greenhouses, barns, silos, lean-tos, tents, and other accessory structures, even if on a farm, are not permitted to be associated with any part, phase, process, or conduct of the Home Occupation, or for the raising, training, growing, drying, preparation, and/or storage of its products, goods, materials, or services. However, accessory structures to the residential dwelling may be used for:

(a) The enclosed storage of tools that may be used in the home occupation.

(b) Storage of up to a maximum of two (2) fifteen thousand (15,000) pound gross weight rated motor vehicles or trailers. There shall be no outdoor or unprotected storage of tools, materials, or products, no outdoor displays, and no outdoor raising, training, exercise, whelping, feeding, or breeding permitted as part of a Home Occupation.

(4) Parking shall be in accordance with § 10.0 and the Parking Table (Attachment C).

(5) The Home Occupation may employ up to one (1) person to work in the home at any time who does not reside in the home. Additional employees are permitted but shall provide their services remote from the Dwelling and shall not park on or about the premises.

(6) Alterations of a Dwelling, including the expansion of rooms, for the purpose of supporting a Home Occupation, are not permitted. There shall be no entrance or exit ways in the Dwelling or on the premises specifically constructed for the conduct of the Home Occupation.

(7) Multiple Home Occupations are permitted as an accessory use of the single family dwelling provided the combined total of the Home Occupation activities do not exceed these requirements.

(8) The home occupation shall require no equipment other than that of a size and scale and capability normally used in a typical household or in a small typical office.

(9) There shall only be a single electrical service to the single family dwelling, and the electrical service capacity shall not exceed the capacity required by the current Electrical Code for the Dwelling exclusive of the Home Occupation. The Home Occupation shall not create off-premise fluctuations in line voltage or electrical interference.

(10) The Home Occupation activities conducted at the location of the single family dwelling shall not create any odor, dust, glare, heat, sound, smoke, fumes, lighting, radiation and/or vibrations at the property line. The Home Occupation shall not pollute the environment or contaminate any water supply.

(11) Waste materials generated by the Home Occupation shall be limited to a type and quantity that do not require collection service, handling procedures, or disposal locations that differ from what would otherwise be required for a Dwelling if there was no Home Occupation. Medical waste is not permitted. Dumpsters are not permitted. Waste materials associated with the Home Occupation shall be stored out of view.

(12) A business activity intended to be conducted at the location of the single family dwelling that is prohibited by local, state and/or federal law or not listed as a permitted use in any other District, or requires DEEP, EPA, or DMV approvals, permits, licenses or certificates of compliance, shall not be permitted.

(13) The Home Occupation shall not constitute a health or safety or fire hazard to the single family dwelling, the business participants, neighboring dwellings, or to other residents in the neighborhood.

(14) There shall be no exterior indication of the Home Occupation. Signage is permitted to identify the owner and street number of the Dwelling, but shall not indicate the name, services, or type of the Home Occupation. Vehicle signage and advertising, other than business cards, shall not carry the residential address of the Home Occupation.

(15) All visiting customers, clients, vendors, and delivery trucks shall not exceed a combined total of five (5) vehicular visits per day. On site group promotion, training, and teaching is permitted provided the total of the number of customers, clients, and students that come to the residential location of the home occupation shall not exceed a total of twenty-five (25) in any consecutive five (5) day period.

(16) All visiting customers, clients, and vendors will be scheduled by appointment.

(17) Semi-trailers and special handling equipment, such as forklifts, are not permitted at the Dwelling.

(18) All Home Occupations are subject to inspection, with a minimum of twenty-four (24) hours of advance notice, by the Zoning Official to determine compliance with these regulations.

(19) The Home Occupation, when disclosed to residents or prospective residents of neighboring properties, shall not adversely affect neighboring property values, or existing or future development of surrounding properties.

(20) The boarding, breeding, grooming, whelping, raising, and/or training of puppies and dogs for show, sport, or sale changes the character of the property and is not permitted as a home occupation.

(21) After being granted a home occupation permit, as one of the conditions of approval, the applicant shall (a) provide a copy of the approved application to all property owners within a one hundred (100) foot radius of his property by first class mail with Post Office issued Certificates of Mailing (Proof of Mailings), and (b) provide the Certificates of Mailing to the Zoning Office. It is a condition of the Home Occupation permit that the applicant delay conduct of his Home Occupation until after the Zoning Office is provided with the Certificates of Mailing.

D. In the event a single family dwelling, with a home occupation permit, is sold and its new owner resides in the dwelling, the new owner has the right to own and continue the home occupation provided the home occupation has not been abandoned and continues to conform with these regulations. The new owner is required to (i) provide a notice of transfer of home occupation ownership to the Zoning Office, and (ii) certify the home occupation is active and in compliance with these regulations.

E. Permits. A Home Occupation permit applicant, at the time of application, or a home occupation permit holder at the time he certifies that his home occupation remains in compliance with these regulations, shall:

(1) Address each specific requirement in §8.10-(C) and certify that his home occupation (i) is or will at all times be in conformance with the representations on the application form, (ii) is in conformance with the listed conditions of approval, and (iii) that his application and representations are true and accurate.

(2) In the event that there is or will be a conflict with the zoning regulations based on public information, the Zoning Official shall deny the application and/or initiate an enforcement action pursuant to CGS 8-12 or §8-12a as appropriate .

(3) Pay the Home Occupation application permit fee, or the Home Occupation Certification fee, as appropriate.

(4) A Home Occupation permit is valid provided the home occupation remains in compliance with all of its conditions of approval listed in §8.10-(C) above as certified to by its owner, does not conflict with the purpose of this Section, the use has not been abandoned, and the nature of the home occupation does not differ from the nature of the home occupation specified on the original permit application.

F. Enforcement. Failure to comply with the regulations for a home occupation will be cause for the Zoning Official to initiate an enforcement action pursuant to CGS §8-12 and §8-12a, which may include, but not be limited to, issuing a notice of violation, cease and desist order, zoning citation, and revocation of the home occupation permit.

8.35 Hoop Houses

A. Hoop Houses shall not have a permanent foundation, be easily movable, and intended to be only a temporary or interim structure.

B. A Hoop House shall not be permitted in any location unless it is secondary or accessory to a principal structure.

C. In Residential Districts, a Hoop House is permitted, provided that it shall be located in a Rear Yard, meets setback requirements, and cannot be viewed from the street directly in front of the dwelling.

D. Hoop Houses shall not be located in a manner that will cause a reduced number of available parking spaces for customers, vendors, or employees.

E. No person shall occupy a Hoop House as a temporary or permanent residence.

F. Hoop Houses shall not be used for storage of hazardous materials.

G. All Hoop Houses shall be anchored, and require a Zoning Permit and a Certificate of Zoning Compliance.

H. The permit application shall include the brand, manufacturer, model, size (length, width, height), membrane material, membrane thickness, warranty, certification of condition, and location on the site of the membrane-covered frame structure.

I. A damaged or deteriorated membrane covering shall be repaired, replaced, or the hoop house structure removed from the property. (Exposed hoop house frame structures are not permitted.)

8.36 Hospital and Clinic

A. TBD

8.37 Hotel

A. TBD

8.38 Kennels

A. Purpose. To allow for kennels in a manner that will not create a risk to public safety, health, convenience, or to nearby property values.

B. Kennels, as defined in these zoning regulations, shall comply with the provisions of CGS §22-344 and the following regulations:

(1) The minimum Lot Area shall be ten (10) acre.

(2) Open exercise areas and buildings containing animals shall be a minimum of one hundred (100) feet from any property line.

(3) Kennel areas shall be designed so as to minimize the visual impact from abutting properties. All Kennel areas shall be reasonably screened by landscaping and/or fences or walls. The landscaping of the site shall be so designed as to protect and enhance the character of the area. All-season visual buffers between the proposed use and any incompatible use of adjacent properties shall be provided through the use of grade separation, landscaping, buffer areas, etc.

(4) These regulations are in addition to requirements, if any, for a “kennel license” issued by the Town Clerk and/or the State of Connecticut. In no circumstances is a Kennel, as defined in these regulations, permitted in any Residential District, including on farms.

(5) Where a Kennel use abuts a residential use, a sound abatement plan that meets the approval of the Commission shall be submitted.

(6) Best Management Practices. The applicant shall provide plans describing the design, installation, and maintenance of a system that will collect, store, and subsequently dispose of or treat all waste products other than domestic sewage. All plans for the storage and disposal of wastes shall conform to all applicable local, state and federal health, air and water pollution regulations so as to not create a public health hazard, or have an adverse effect on the environmental quality of the surrounding area and the community in general, as determined by local and state health officials, or determined to be a nuisance by the Commission or Zoning Official.

8.39 Medical and Dental Clinic

A. TBD

8.40 Mining

A. TBD

8.41 Mini-golf

A. TBD

8.42 Mobile Manufactured Home Land Lease Communities

A. Purpose. To help establish and maintain an adequate supply of decent, safe and affordable housing serving different types of households, specifically for older persons, as encouraged by the “Housing” Section of the Ledyard Plan of Conservation and Development, by enabling the development of large parcels of land zoned RM-40 into land lease communities for the installation, sale, and occupancy of multiple section Mobile Manufactured Homes.

B. Ownership. The land parcel is required to be owned by an individual, corporation, limited liability company, the state or any political subdivision thereof, agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any legal or commercial entity that subsequently leases individual sites for the installation of Mobile Manufactured Homes, and provides water, sewage, refuse pickup, and other utilities and services, including community management services, to the owner/residents of the Mobile Manufactured Homes on an annual or longer renewable basis subject to the payment of monthly site rent and compliance with reasonable written rules and regulations of the Mobile Manufactured Home Land Lease Community. The land shall be in single ownership at the time of the application and shall not be further divided while this use continues. Division or subdivision within a Mobile Manufactured Home Land Lease Community is prohibited.

C. Resident Entry and Occupancy Requirements. As a continuing condition of the special permit, each mobile manufactured home site shall be:

(1) Intended and operated for occupancy by persons fifty-five (55) years of age or older.

(2) At least eighty percent (80%) of the occupied sites are occupied by at least one (1) person who is fifty-five (55) years of age or older.

(3) No site in the Mobile Home Land Lease Community shall be occupied by any individuals who have not attained the age of eighteen (18) years.

(4) The community owner shall publish, adhere to, and enforce policies and procedures, known as the Community Rules and Regulations, that clearly demonstrate the intent to house persons who are fifty-five (55) years of age or older.

(5) The Community Rules and Regulations shall be posted in a conspicuous location in the Mobile Manufactured Home Land Lease Community.

(6) The Mobile Manufactured Home land Lease Community owner shall comply with rules issued by the United States Secretary of Housing and Urban Development (HUD) for verification of occupancy and the ages of residents. In January of even numbered years, the Mobile Home Land Lease Community shall conduct a survey and obtain affidavits or other reliable information to confirm that at least eighty percent (80%) of the sites are occupied by at least one (1) person who is fifty-five (55) years or older, and that there are no residents who are under the age of eighteen (18). The survey reports shall be provided to the Zoning Official and shall include the name and date of birth of each resident, and how the information was verified.

(7) Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purpose of such verification.

D. Community Design Requirements:

(1) The minimum size shall be ten (10) acres, and the maximum number of lease sites in any Mobile Manufactured Home Land Lease Community shall not exceed two hundred (200) sites.

(2) The number of lease sites for Mobile Manufactured Homes shall not exceed an average net density of five (5) lease sites per acre.

(3) Clustering of homes is permitted if such a design will result in a more attractive community.

(4) A Community Center and/or recreation facility shall be a permitted Accessory Use within the Mobile Manufactured Home Land Lease Community. If such a facility is provided, it shall:

(a) Be designed, built, and reserved for the exclusive use of the residents of the Mobile Manufactured Home Land Lease Community.

(b) The Community Center shall be owned, operated, maintained, and managed by the land lease community owner.

(5) The Mobile Home Land Lease Community shall have all site lease lines defined with permanent corner stakes that corresponds to the site plan.

(6) Each site shall be selected, graded, and/or constructed in such a manner that moisture will not collect under the Mobile Manufactured Home.

(7) Water, sewer, electric, telephone, cable and other utilities shall be below ground.

(8) Common area lighting shall be provided via fifteen (15) foot or less low glare low wattage light stands sufficient to provide illumination for the safety of pedestrians and vehicular movement at night, with below ground wiring for the lighting connected to the Mobile Home Land Lease Community’s electric meter. Overhead telephone pole mounted flood lights are not permitted. Alternative lighting proposals may be submitted that will be more attractive and efficient and provide proper safety to residents.

(9) Mobile Manufactured Home orientations and specific locations shall be:

(a) Chosen such that it is possible to install and remove any Mobile Manufactured Home, in any sequence or order, without the need to first install or move any other Mobile Manufactured Home.

(b) Parallel to its frontage roadway where practical. A “herringbone” orientation pattern, with homes parallel to each other and angled to the roadway, is not permitted.

(10) There shall be a minimum of a twenty (20) foot setback from the front edge of the home to the edge of the community roadways.

(11) Gas tanks, air conditioning units, including window air conditioning units, and clothes lines shall be in the Rear Yard or not be visible from the roadways.

(12) Electric meters and electric meter panels will not be visible from the roadways.

(13) The community design shall eliminate monotony, insure compatibility with topographical conditions, and encourage individual site privacy.

(14) The design should, where practical, provide for only a single common entry/exit Driveway into the Mobile Home Land Lease Community from a public roadway unless more than one (1) entry/exit is necessary for safety, aesthetics, or other compelling reason. A second entrance, if any, shall be gated and reserved for emergency vehicles only.

(15) The design shall minimize traffic flow, traffic speeds, traffic noise, and congestion, and provide emergency access to all parts of the Mobile Home Land Lease Community as approved by the Fire Marshall.

(16) If the average density of the proposed Mobile Home Land Lease Community exceeds two (2) home sites per acre, the landscape design shall include Screening on all sides in a manner such that individual Mobile Manufactured Homes cannot be easily viewed from adjacent properties and adjacent public roadways. The Screening may be located on leased sites, but the area dedicated for the Screening shall not contain any homes, parking, storage areas or structures. Screening shall not include fencing.

(17) All dumpsters, if any, shall be adequately Screened.

(18) The community design, in combination with the landscape design, shall include reasonable plantings on or near site boundaries such that when the plantings mature, the residents of each site will have a reasonable sense of outdoor privacy from adjacent sites. Fencing shall not be used to achieve site privacy.

(19) The community landscape design shall provide a reasonable complement of initial foundation (skirting) plants for each Mobile Manufactured Home, and also for the Community Center and/or recreation facility, if any, and Front and Rear Yard grass for each site.

(20) Roadways within the Mobile Home Land Lease Community shall be constructed in accordance with the following specifications:

(a) Width: Collector roadways shall be not less than twenty-four (24) feet in width, and local roadways shall not be less than twenty-two (22) feet in width.

(b) Grade: The grade of the community roadways shall provide proper drainage and conform reasonably to the grade of abutting properties. The grade shall not be less than one percent (1%) and shall not exceed eight percent (8%).

(c) Subgrade: All ledge rock shall be removed to a depth determined by the project Licensed Professional Engineer below subgrade and then back filled with suitable gravel. All loam shall be removed and all trees and roots shall be removed for the full width of the roadway. Soft spots, peat and organic material shall be excavated to solid bottom and back filled stone, tailings or bank fun gravel. The base shall be rolled with a ten-ton roller before placing the gravel sub-base. The subgrade shall be graded to a cross section with a cross slope of one- quarter (1/4) inch per foot.

(d) Sub-base: Ten (10) inches of bank run gravel shall be installed over the subgrade. Sub-base shall be installed for the full width of the traveled roadway and rolled with a ten-ton roller. Such bank run gravel shall meet State Department of Transportation specifications.

(e) Process Gravel Base: Four (4) inches of process gravel base shall be installed over the subgrade at a minimum thickness of four (4) inches subsequent to compaction. Base material shall meet the requirements of State Highway Department for rolled processed gravel surfaces. This surface shall be constructed to a cross section with a cross slope of one-quarter (1/4) inch per foot.

(f) Surface Treatment: The road surface shall be given two (2) applications of bituminous concrete. The first application shall consist of compacted one and one-quarter (1 ¼) inch binder course bituminous concrete, and the second application shall consist of compacted one and one-quarter (1¼) inch surface coarse grading II. All roadway infrastructure installation shall comply with sound engineering practices; but shall not otherwise be required to comply with the Town of Ledyard Road Ordinance.

(21) When the proposed Mobile Home Land Lease Community abuts or intersects with an existing Town Road which does not meet the requirements of the Ledyard Road Ordinance, the applicant shall consult with the Director of Public Works and convey to the town sufficient land along such road as to permit its widening to conform to the standards of the road ordinance. The Public Works Director may specify improvements to Town Roads adjacent to the project site if necessary for public safety required by the Mobile Home Land Lease Community. Such improvements shall be provided by the owner.

(22) Septic disposal systems, including tanks, galleys, and leaching fields, if any, shall be fully contained within the boundaries of the Mobile Home Land Lease Community.

(23) Fuel oil or kerosene shall not be used to heat any of the Mobile Manufactured Homes.

(24) One (1) or more structures, for use only as service buildings, shall be provided for the storage of tools, mowers, snow blowers, generators, tractors, sand and similar equipment and materials. The service buildings shall be screened to prevent viewing from homes in the community, from homes on adjacent properties, and from Town Roads. Fencing shall not be used for such Screening.

(25) A maximum of one (1) Accessory storage shed, up to one hundred twenty-five (125) square feet, vinyl sided to match the home, and shingled to match the roof of the home, is permitted per site. Each Accessory Building shall be located behind the rear extended plane of the Mobile Manufactured Home. Hoop Houses are not permitted. Metal and plastic storage sheds are not permitted. Storage sheds, if any, shall be a minimum of three (3) feet from a site lease line boundary.

(26) Each lease site shall be provided with a minimum of:

[a] A one hundred and fifty (150) square foot or larger hard surface patio, or

[b] A one hundred and fifty (150) square foot or larger wood deck, or

[c] An enclosed one hundred and fifty (150) square feet or larger screened porch, or

[d] An attached one (1) or two (2) car carport which provides end to end or side by side covered paved parking.

(27) The steps to the home for both the main entrance and the emergency or rear exits shall be substantially built and made of wood, composites, or concrete, with handrails on both sides, and a deck area with railing of a minimum of three (3) feet by three (3) feet for the emergency exit, and a minimum of five (5) feet by six (6) feet for the main entrance. The main entrance deck size requirement is waived if the main entrance is an integral covered part of the home as delivered from the factory, or integrated with the wood deck or enclosed porch permitted by §8.13(D)(26) above.

(28) Parking shall be in accordance with §10.0.

(29) Recreational areas for residents and their guests, including visiting children, are optional. If a Community Center and/or recreation facility is provided it shall have sanitary facilities as required under §425.37 of the Building Code, lighting, and walkways as appropriate.

(30) A community or municipal water system shall be provided and the applicant shall demonstrate that the system has the approval of the Connecticut Department of Public Health. Water to each lease site shall be metered, and a below frost line shut off valve shall be provided in an underground meter box or equivalent to permit the turnoff of water to each individual site. The system will be designed in such a manner that there will be a minimum of piping, the piping will not be under paved roadways, sidewalks, and driveways except as necessary, and a failure of any section of piping will result in a minimum number of lease sites without water during repairs. If water is provided by a well on the property, a backup generator system shall be provided to provide electricity to the water pump(s) in the event of an electrical supply failure. A spare pump shall be stored on the premises if the community is provided well water.

(31) As a continuing condition of the special permit, to permit access by emergency vehicles, residents and guests shall not park on the Mobile Manufactured Home Community’s roadways at any time. Enforcement shall be the responsibility of the community owner. The Community Rules and Regulations, appropriate signage, and enforcement shall reflect proper conformance with this requirement.

(32) Boat storage on standalone supports (no trailer) is not permitted in either the remote RV parking area or on individual Mobile Manufactured Home sites.

(33) The remote RV paved parking area shall be screened to minimize its view from residents of the community and from adjoining properties. Fencing shall not be used to create the required screening.

E. Requirements for Entry of Mobile Manufactured Homes into the Community, and Standards for the Sale and Resale of Mobile Manufactured Homes if the home to remain on its leased site. As a continuing condition of the special permit, mobile manufactured homes, at the time of entry onto the property, and again at the time of sale and each resale, shall:

(1) Be vinyl sided with pitched five (5) over twelve (12) shingled roof. All homes shall have architectural shingles.

(2) Be compliant with the HUD regulations in effect at the time of construction of the mobile manufactured home. (Reference: “Manufactured Housing Program- Manufactured Home Construction and Safety Standards, 24 CFR 3280”).

(3) Be in overall excellent and safe condition, clean, with no missing, stuck, cracked, fogged, or broken windows, and a full complement of screens, a working emergency exit, structurally sound flooring, safe electrical, roofing in excellent condition, and all walls, ceilings, carpeting, vinyl flooring, doors, storm doors, cabinets, counters, plumbing, heating systems, tubs, showers, fire extinguisher, smoke detector, insulation, siding, fuel emergency cutoff, and the under home bottom moisture barrier in good condition.

(4) The Zoning Official shall not issue a permit for installation or approve the installation of a Mobile Manufactured Home within the land lease community unless the mobile manufactured homes satisfies the requirements of this section.

(5) Convey with its original wheels, tires, lug nuts, axle/brake assemblies, attachment bolts and hardware and hitch, all of which shall be permanently stored above ground under the home and out of view. This requirement shall be in both the Land Lease and the Community Rules and Regulations for the Mobile Manufactured Home Land Lease Community and shall be a condition precedent for the home to be sold and remain in the Mobile Home Land Lease Community.

(6) Shall be a minimum of twenty-two (22) feet in width, and shall contain not less than eight hundred and fifty (850) square feet based on exterior dimensions. Attached structures, decks, enclosed porches, and Accessory Buildings, and additions shall not count toward the minimum square footage requirement.

F. Mobile Manufactured Home Installation Requirements:

(1) Each home shall be installed and attached to the Mobile Manufactured Home site's Permanent Foundation System, per the home manufacturer's HUD approved installation instructions and applicable building codes. Alternative installation and attachment systems and designs may be used if they are equal or superior in hold down performance to those recommended by the Mobile Manufactured Home manufacturer and approved by the Ledyard Building Official.

(2) Foundation covering (skirting) is mandatory and shall be designed for Mobile Manufactured Homes, or a continuation of the vinyl siding material on the home extended to the Permanent Foundation System.

(3) No more than one (1) Mobile Manufactured Home shall be allowed on each lease site.

(4) The hitch shall be removed from the frame and stored above ground under the home. Axle assemblies, including wheels, tires, lug nuts, brakes, attachment bolts and hardware may be disconnected from the chassis and stored as per these Regulations.

G. Application Requirement - Community Operations:

(1) The application shall include a management plan designed to ensure adequate maintenance and a continuum of the proposed Mobile Manufactured Home Land Lease Community.

(2) The management plan shall include the applicant's proposed age verification procedures of residents and prospective residents, and how the age constraints will be enforced.

(3) The submitted documents shall be consistent with Chapter 412 of the Connecticut General Statutes.

(4) The management plan shall include a copy of the community owner's proposed site lease, the Mobile Manufactured Home entrance requirements, the prospective new resident entrance requirements, and the Mobile Manufactured Home Land Lease Community Rules and Regulations to be submitted to the Department of Consumer Protection (Reference §21-67 of the Connecticut General Statutes) identifying restrictions on the number of residents per site and per home, constraints on guests and visitors (if any), constraints regarding the housing of relatives, constraints on pets, nuisance, water consumption, on-site vehicle/boat/RV maintenance and repair, home painting color constraints (if any), resident installed gardens/fencing/pools/pavement/other site improvements (if any), rules regarding resident parking and guest parking, use of bicycles/motorcycles, use of playgrounds, use of Community Center and/or recreation facilities (if any), removal of trees, planting of trees, deck expansions, storage sheds (size, location, color, materials, design, roofing materials), additions to Mobile Manufactured Homes, leaf pickup, lawn mowing, site maintenance, yard care, prohibitions against yard reversion to natural state (if any), gardens, fences, parties and noise, discharge of firearms, speed limits, site classifications (if more than one (1), resident security, and insurance requirements, and all other rules and regulations.

(5) The site lease shall include all of the responsibilities, including maintenance, responsibilities, of the community owner, and all of the responsibilities, including maintenance responsibilities, of the Resident, and shall incorporate the Mobile Manufactured Home Land Lease Community Rules and Regulations by reference. The site lease shall clearly identify the ownership of and responsibility for below ground water piping, below ground electrical lines, Permanent Foundation Systems, community storm drainage facilities, and below ground sewage piping and sewage disposal systems as that of the community owner, which shall be clearly stated in site leases and in the Rules and Regulations.

(6) Each site lease shall limit the use of the leased site to a specific Mobile Manufactured Home designated by manufacturer, model, year of production, and serial number, and prohibit the replacement of a Mobile Manufactured Home except by permit and the written permission of the community owner.

(7) The site lease and/or the Community Rules and Regulations shall prohibit the subletting of lease sites, TV Antennas (except for eighteen (18) inches or smaller dish Antennas that cannot be viewed from the roadways), parking on the roadways within the Mobile Home Community, parking of boats, trailers, motor homes, and Travel trailers on lease sites, and all commercial activities including Home Occupations. It is recommended that exterior clothes lines not be permitted, and if permitted, that they not be attached to trees, and cannot he viewed from the community roadways.

(8) The site lease shall specifically prohibit the use of Mobile Manufactured Homes and/or lease sites for material storage or any other non-residential use.

(9) The site lease shall address requirements regarding hazardous materials.

(10) It shall be clearly stated in the applicant's proposed Rules and Regulations that any Mobile Manufactured Home that does not satisfy the written home entrance requirements shall not be permitted entry into the land lease community.

(11) It shall be clearly stated in the applicant's proposed Rules and Regulations that Mobile Manufactured Homes shall not be permitted entry into the land lease community unless all wheels, tires, axles, brakes and the hitch for the home are permanently stored above ground under the home.

(12) The Rules and Regulations shall specify the age, size constraints, insurance, license and registration status, and condition of vehicles, including RV's, necessary for a vehicle to be stored or parked in the land lease community.

(13) The Rules and Regulations shall identify the resale standards for permitting a Mobile Manufactured Home to be resold and subsequently remain on its' home site. The resale standards shall include, but not be limited to, the requirement that the Mobile Manufacture Home be safe, sanitary, and in conformance with park standards. Enforcement of this requirement is a condition of the special permit.

(14) The Community Rules and Regulations shall prohibit the use of the Community Center and/or recreation facility, if any, by anyone other than residents and guests of residents.

(15) Enforcement of the lease provisions and the Community Rules and Regulations by the Community owner is a continuing condition of the special permit.

(16) Amendments to the site leases and/or the Community Rules and Regulations shall, as proposed minor amendments to the special permit, be reviewed for conformance with these regulations by the Commission prior to their promulgation and/or submittal to the Department of Consumer Protection.

H. Community Development Plan:

(1) The application shall include the Mobile Home Land Lease Community development schedule and lease-up plan. The community may be developed in reasonable phases provided that the lease sites, rules and regulations, leases, rents, facilities, site classifications, and policies are identical for all phases. Mobile Manufactured Homes may be installed (with a permit for each home), sold, and occupied upon the substantial completion of the land improvements and approval of each phase. Individual site landscaping and paving is not required until a Mobile Manufactured Home is properly installed. Individual site landscaping and paving may be delayed for a reasonable period due to seasonal weather conditions. In the event actual development diverges from the proposed community development schedule and lease-up plan, the community owner shall, upon request of the Commission, update his development schedule and lease-up plan to reflect actual conditions.

(2) The Commission may require a bond or other acceptable security to be posted to guarantee that the proposed roads, service buildings, recreation areas, landscaping, Screening, and other improvements are completed as provided in the application.

(3) If the proposed Mobile Manufactured Home Land Lease Community is to be located in a Special Flood Hazard Area, the Commission will review the application for compliance with §12.3 Flood Protection.

I. Licensing. The applicant shall apply to the Department of Consumer Protection for a License for a Mobile Home Land Lease Community, which shall be approved, subject to re-inspection and approval upon completion of the community or phases of the community as per §21-67-(b) of Chapter 412 of the Connecticut General Statutes, prior to beginning construction.

J. In the event there is conflict between a requirement imposed as a condition for the special permit and a requirement imposed by Chapter 412 of the Connecticut General Statutes, a determination by the Department of Consumer Protection shall take precedence. In the event a requirement imposed by these regulations is more stringent than the requirements laid out in Chapter 412 of the Connecticut General Statutes, the special permit requirement shall take precedence.

K. Public Hearing. The applicant, at the public hearing, shall explain the rationale and benefits for his proposed community design, lease site sizes, roadway design, parking design, lighting design and home orientation proposed for each lease site, and how his design achieves the purpose and requirements of this Section.

8.43 Motels

A. TBD

8.44 Motor Vehicle Repair and Body Painting

A. TBD

8.45 Motor Vehicle Dealership (includes repair)

A. TBD

8.46 Museums, Art Gallery, Cultural Institution

A. TBD

8.47 Nurseries, including Retail and Wholesale

A. TBD

8.48 Nursing Home and Residential Care Home

A. Purpose: To provide for the building of establishments which provide nursing services, assistance with activities of daily living, twenty-four (24) hour medical supervision and/or skilled nursing care for residents.

B. Residential Care Homes shall comply with the provisions of Connecticut General Statute §22-344, and the following requirements:

(1) Management plan. A management plan shall be submitted that describes, to the satisfaction of the Commission, the plans, schedules, and responsibilities of how the applicant will assure the following in perpetuity:

(a) Operation and maintenance of commonly owned utilities such as water and wastewater treatment systems;

(b) Operation of community services such as refuse collection and the community building, if any;

(c) Maintenance of grounds, roadway and Driveways, storm water drainage system, signage, and roadway illumination system; and

(d) Maintenance of individual dwellings, storage of motor vehicles and trailers, placement of temporary structures, and general external housekeeping.

(2) Notwithstanding anything in this Section to the contrary, the Residential Care Home may be owned by an entity and Dwelling Units in the Residential Care Home may be leased to tenants.

(3) Roadway and Drainage Design. The entire roadway including individual Driveways, parking spaces, the storm water drainage system, street signage, and the street illumination system shall:

(a) Be commonly owned and maintained in good condition by the owners of the common area; and

(b) Parking shall be in accordance with §10.0 of these regulations.

(4) Nuisance Controls. Design of the Residential Care Home shall include provisions for the following:

(a) A plan for at least weekly disposal of solid waste material shall be required. All solid waste shall be stored in covered containers, stored no closer than fifty (50) feet from the property boundary line, and screened by plantings or decorative fencing.

(b) No operation that creates an unreasonable amount of noise outside the home shall be allowed. This includes noise from heating, ventilation, and air conditioning units; refrigeration units; laundry and dish washing machines and dryers; vacuum cleaner systems; pumps; compressors; and emergency generators.

(5) Accessory Buildings. One (1) or more Accessory Building may be constructed provided the building is:

(a) Used primarily for services or activities used or attended by residents and guests; and

(b) Designed and operated in accordance with the requirements imposed by these regulations upon the commonly owned facilities.

(6) Permitted Accessory Uses. Accessory Uses are permitted provided they are compatible with, and subordinate to, the Residential Care Home. They shall primarily serve the residents, guests of residents, and employees. Accessory uses included, but are not limited to:

(a) Two (2) residential Care-take Unit Accessory Apartments per two hundred (200) Dwelling Units not to exceed one thousand two hundred (1,200) square feet of floor area.

(b) Medical, health care and social services offices, and health, therapy and rehabilitation facilities.

(d) Pharmacy.

(e) Laundry Services, subject to Aquifer Protection Regulations.

(f) Emergency Services.

(g) Personal Service Establishments.

(h) Chapel/religious services.

(i) Recreational Facilities.

(j) Financial Institution.

(k) Shuttle bus or van service, exclusively for the residents, guests of residents, and employees of the Residential Care Home.

(l) The aggregate square footage of the Accessory Uses may not exceed ten thousand (10,000) square feet.

C. Development Standards.

(1) Residential Care Homes with more than twelve (12) residents shall be located on lots of one (1) acre or more.

(2) Residential Care Homes with more than twelve (12) residents shall have a density of no more than forty (40) beds (or residents) per acre.

8.49 Office

A. TBD

8.50 Portable Storage Units

A. A single portable storage unit, such as a “POD”, “UPACK”, or similar storage unit, is permitted as shown in the Use Table (Attachment A) provided it is equal or less than 8’ x 8’ x 16’ and is secondary or accessory to a principal structure.

B. A portable storage unit shall not be located such that it will cause a reduced number of available parking spaces for customers, vendors, or employees.

C. A portable storage unit shall not be used for the storage of hazardous, illegal, and/or perishable materials; as a shelter for animals; or as a residence.

D. A storage unit shall not interfere with sight lines in such a manner as to create a safety risk.

E. In Residential Districts, a portable storage unit may be located in a rear yard, side yard, or front yard.

F. A portable storage unit shall not be located less than six (6) feet from the side yard or rear yard lot lines, unless on a paved or gravel driveway if the driveway is in the front yard.

G. The application for a zoning permit for a portable storage unit shall include the name, address, phone number, point of contact, and email address of the provider/vendor of the portable storage unit.

H. Periodic Certification of Continuing Conformance: Because of (i) the inherent difficulties of determining continuing conformance with these Portable Storage Unit regulations, and (ii) the increasing likelihood that a portable storage unit may be endangering public health and/or neighboring property values, the holder of a Portable Storage Unit permit shall, after sixty (60) days, and thereafter every seven (7) days, certify to the Zoning Official that its use (I) has not been abandoned, and (ii) remains in conformance with these regulations. The Zoning Official may use a Portable Storage Unit Certification of Continuing Conformance form for this purpose.

I. Failure to provide the Certification of Continuing Conformance within seven (7) days of when due constitutes abandonment of the use. In the event the use is abandoned, it may not be re-established for the site until twelve months have lapsed.

8.51 Pub & Tavern

A. TBD

8.52 Recreational Facility, Indoor

A. TBD

8.53 Recreational Facility, Outdoor

A. TBD

8.54 Recreational Vehicle and Power Equipment Vehicles Sales and Service

A. In the GFDD-1 District, Recreational Vehicles and Power Equipment include motorcycles; personal watercraft (including kayaks, rowboats, and canoes); all-terrain vehicles; generators less than 25HP; utility trailers less than twelve (12) feet in length and a two (2) ton gross vehicle weight rating designed and used to transport such equipment; and consumer goods that are accessory to such equipment and uses. Uses in this District do not include bull dozers, excavators, earth movers, soil screeners, paving boxes, vibratory rollers, rock crushers, fork lifts, backhoes, pay loaders, cars with two or more doors, trucks, wreckers, motorboats, campers, motor homes, or similar equipment.

B. In the GFDD-2 District, Recreational Vehicle and Power Equipment include all of the products and services permitted in the GFDD-1 District listed above, plus generators greater than 25HP; trailers greater than twelve (12) feet in length and two (2) tons gross vehicle weight rating; bull dozers; excavators; earth movers; soil screeners; paving boxes; vibratory rollers; rock crushers; fork lifts; backhoes; pay loaders, cars with two or more doors; trucks; wreckers; motorboats; sailboats; campers; motor homes; or similar equipment and vehicles, and goods and services that are accessory to such equipment and vehicles.

C. Repair facilities for Recreational Vehicle and Power Equipment Vehicles Sales and Service, if any, shall:

(1) Have pick up/drop off areas, and storage areas for such repair services and facilities, located to the rear or side building lines;

(2) No pick up, drop off, or storage area for a repair facility shall face the Route 12 lot line; and

(3) Pickup areas, drop off and storage areas for repair facilities shall be sufficiently screened from view with materials consistent with the character of the GFDD. See Attachment D, “Design Guidelines”, §III.

8.55 Recycling Center

A. TBD

8.56 Resort Facility

A. TBD

8.57 Riding Stable

A. TBD

8.58 Sawmills

A. Purpose. To permit use of a portable sawmill to facilitate the clearing of land.

B. Periodic Certification. Because :

(1) the nature and intensity of a portable sawmill site is expected to change over time;

(2) there are inherent difficulties of determining continued conformance with the portable sawmill regulations;

(3) it is important to determine if operation of a portable sawmill has evolved such that it is endangering public safety, health, convenience, or neighboring property values; and

(4) it is necessary to know when the portable sawmill is inactive or removed (abandoned) from the site, the holder of a temporary sawmill zoning permit, every six (6) months, shall certify to the Zoning Official that the use of the temporary sawmill is continuing in compliance with these regulations. The Zoning Official may use a compliance certification form for this purpose.

C. Conditions. Temporary Sawmills may be used provided that they meet the following conditions:

(1) Operation shall be limited to daylight hours.

(2) Operation shall be limited to cutting of trees that are grown on the site.

(3) Located not closer than one hundred (100) feet to any property line or street line.

(4) Location no closer than five hundred (500) feet to the nearest residence.

(5) A site and restoration plan shall be submitted indicating data required above.

D. Upon completion of work the Sawmill shall be dismantled and removed from the site.

8.59 Shooting Range

A. TBD

8.60 Theater, Indoor (Including Multiplex)

A. TBD

8.61 Theater, Outdoor

A. TBD

8.62 Transformer Substation

A. Purpose. To permit the assembly of public utility or telephone equipment, including a transformer, used for the distribution of electrical energy.

B. Transformer Substation Requirements:

(1) All Transformer Substations not located within a building are to be screened from view from any other lot or street through the placement of trees, shrubs, buildings, fences, walls or embankments on all four sides if the Transformer Substation. The Screening shall be in harmony with the surrounding area.

(2) All Transformer Substations shall provide public safety warnings clearly indicating High Voltage.

(3) All Transformer Substations shall comply with the District setbacks provided in the Attachment B “Bulk Requirements.”

8.63 Veterinary Office & Clinic - Indoor

A. TBD

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SECTION 9.0 : SIGNS

9.1 General Requirements

A. No person shall erect, alter, or relocate any Sign structure or sign face without first obtaining a Sign Permit except as exempted by these regulations. The sign shall conform to the State of Connecticut Building Code.

B. The repainting, changing of parts, and preventive maintenance of lawful signs, with no change in location, design, structure, or sign face content, shall not be deemed alterations and does not require a Sign Permit.

C. No Sign shall be located as to create a sight-clearance problem for traffic flow on a public way.

D. The location, size, and character of Signs shall be compatible on-site and with the surrounding neighborhood.

E. New signs shall be neither internally or indirectly illuminated, except as otherwise specified herein.

F. These regulations shall not apply to indoor signs or interior Signs located, for example, within baseball fields, football fields, stadiums, theaters, and in parks, provided they cannot be viewed off site.

G. Maintenance. The owner of the premises on which a Sign is erected shall be directly responsible for keeping all sign faces, together with their supports, braces, guys, and anchors, in good repair and in safe condition.

H. For a proposed development that requires a Special Permit, and the development will have signage that normally requires sign permits, the applicant may combine the development application and the sign application into a single application to the Commission. The sign permit fee is waived if a sign application is included as an integral part of a proposed development application requiring a special permit.

I. The replacement of an existing sign face with a new replacement sign face, in the same location, with the same dimensions, same illumination, same height, and same thickness, requires a sign permit.

J. The permanent removal of sign face illumination does not require a sign permit.

K. In the event an Identification Sign and/or a Freestanding Sign or Kiosk is necessary to provide adequate visibility to the business community but no such sign can satisfy the sign regulations due to unique site constraints not envisioned by the regulations, such as a very large building size, lack of building front wall, multiple uses in a single structure, or for other good reason, a special permit sign may be granted. The special permit is limited to the size, number, and location of the sign(s) and will be granted if the necessary sign(s) will not create distractions or obstructions that may contribute to traffic accidents, the sign(s) are harmonious with the surrounding neighborhood, the signs will not be detrimental to the orderly development of adjacent property, and the sign(s) will not create a safety hazard. The applicant must attend a public hearing. The applicant, at the public hearing, shall explain the rationale for how his sign proposal achieves the purpose of this Section, and why signage that is permitted by these regulations would be inadequate.

9.2 General Sign Standards

A. Signs requiring a Sign Permit:

(1) Awning signs. A business, excluding Home Occupations and Farm Stands if in a Residential District, may have awning signs less than ten (10) square feet in area when such awning is designed to be used for the walkway or main entrance of a business or legal use. Individual window awnings shall not contain advertising, but may have a monogram not to exceed three (3) letters which may occupy no more than ten percent (10%) or six (6) square feet, whichever is less, of the window awning.

(2) Exterior Bulletin Boards on premises of Civic Buildings. Such signs shall not exceed sixteen (16) square feet total, and shall bear no commercial advertising. There shall be not more than one (1) bulletin board per site. Such sign may be indirectly illuminated with low power downward directed lighting. Bulletin boards may have two (2) faces placed back to back and are at no point more than sixteen (16) inches from one another.

(3) Analog Clocks, Analog Time and/or Analog Temperature Displays. Such signs may not exceed sixteen (16) square feet and shall have no advertising on the unit. The same setbacks and heights for signs in the district shall be observed and may use low power indirect illumination by down-lighting only. In the GFDD-1, GFDD-2, LCVD-1, LCVD-2, LCVD-3, MFVD, RCCD-1, & RCCD-2 districts, such signage shall be approved only after review by the Commission. Digital electronic (LED, plasma, neon) signs, and flat screen electronic signs, are not permitted.

(4) Farm Identification Signs. A single permanent sign at an entrance to a farm designed only to identify the farm shall be permitted provided such signs bear no commercial advertising and does not exceed eighteen (18) square feet in area (per side, if freestanding). The lower edge of such Freestanding Signs shall not be elevated more than one (1) foot from the grade level of the site, and the Sign shall not interfere with driver sight lines.

(5) Kiosk. Kiosks are permitted, with Commission approval, as follows:

(a) In areas where the speed limit is less than thirty-five (35) miles per hour, the upper sign board of the Kiosk bearing the name of the site, building or business complex shall not exceed twenty-four (24) square feet, and each business on the site, in the building or in the business complex may have one (1) lower sign board under the kiosk top board with a maximum square footage of six (6) square feet each. The overall width of the upper sign board shall not exceed six (6) feet. By design, the signage of the Kiosk is intended to be on both sides non-cumulative.

(b) In areas with speed limits thirty-five (35) miles per hour and above, the upper sign board of the Kiosk bearing the name of the site, building or business complex shall not exceed thirty-two (32) square feet, and each business on the site, in the building or in the business complex may have one (1) lower sign board under the kiosk top board with a maximum square footage of eight (8) square feet. The overall width of the upper sign board shall not exceed eight (8) feet.

(c) Kiosks shall be configured so that there is at least a four (4) foot sight window from grade level to the lowest sign board. The top edge of the Kiosk top sign board shall not exceed a twelve (12) foot height from grade level.

(d) Each Kiosk shall use an integrated and complimentary coloration and lettering style. It is not intended to restrict one (1) style throughout Ledyard, only uniformity of size. It is expected that each site, building, or business complex will have its own uniqueness.

(e) One (1) Kiosk may be erected at each major entrance to the site if separated by a minimum of two hundred (200) feet, in which case they shall only count as one (1) Sign.

(6) Off-Site Directional Signs. Off-site Directional signs may be authorized upon application to the Commission, where the location of a legal use requires such Signs in order to avoid confusion, traffic congestion, or similar inconveniences, and to facilitate travel to such location. Such Signs shall be limited to as follows:

(a) The area of any such sign shall be no more than four (4) square feet.

(b) Only the minimum number of Signs necessary to accomplish any of these objectives may be authorized by the Commission.

(7) Neighborhood or Named Development Signs. A neighborhood or named development may have a Sign at each main road entrance, denoting only the name and/or address of the development. It shall be permanently affixed to the ground on property owned by the development or land donated by a property owner for such use, and shall be architecturally and historically appropriate if located in the GFDD-1, GFDD-2, LCVD-1, LCVD-2, LCVD-3, and MFVD Districts. Commission review is required if in a Design District or Village District. (Reference Attachment D – “ Design Guidelines”)

(8) Signs Customary and Necessary to the Operation of Gasoline Filling Stations. The following Signs customary and necessary to the operation of gasoline filling stations require a Sign Permit:

(a) Wall-mounted Signs displayed over individual entrance doors consisting of the words "wash", "lubrication", "repair" or words of similar import, provided that there shall be not more than one (1) such Sign over each entrance, and that the letters of such Sign do not exceed ten (10) inches in height.

(b) Signs which consist of lettering or other insignia which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other matter as required by law.

(c) One (1) Sign not exceeding two and one half (2.5) square feet per side indicating the price per gallon of gasoline may be attached to the pump.

(d) Along highways on which the legal speed limit is less than thirty-five (35) miles per hour, one (1) Sign no larger than eight (8) square feet per side using numbers no larger than eighteen (18) inches in height indicating price per gallon of gasoline, and which such Sign shall be Freestanding and shall have a clearance of at least seven (7) feet from the ground, and located such that it does not interfere with driver sight lines; or

(e) Along highways on which the legal limit is thirty-five (35) miles per hour or more, one (1) Sign no larger than twelve (12) square feet per side using numbers no larger than eighteen (18) inches in height indicating price per gallon, which such Sign shall be Freestanding and shall have a clearance of at least seven (7) feet from the ground, and located such that it does not interfere with driver sight lines.

(9) Portable Signs and Sandwich Board Signs. One (1) portable or sandwich board sign is permitted per business address per road frontage, during business hours only, not to exceed nine (9) square feet per side. Portable signs and sandwich board signs are, however, not permitted for Home Occupations.

(10) Free standing signs

B. Signs Not Requiring a Sign Permit (Exempt Signs).

The following Signs are allowed for legal uses without a Sign Permit. Such Signs shall be neither illuminated nor indirectly illuminated, except as otherwise specified herein, and meet the setback and sideline requirements for the Districts in which they are located.

(1) Auctions and Special Events Conducted by Non-Profit Organizations. A Temporary Sign, no larger than twenty (20) square feet, which advertises an auction or special event conducted by a non-profit organization, provided such sign shall not be in place more than thirty (30) days. No more than ten (10) signs advertising any such event shall be erected or maintained at any one (1) time.

(2) Banner Signs. Banners approved by the Town Council intended to provide notice of municipal events, elections, referendums, fairs, educational, athletic, or other civic events, maybe located above roadways provided such banner(s):

(a) Do not cause sight, clearance or other traffic hazards;

(b) Do not exceed minimum and/or maximum dimensions specified in state regulations;

(c) Are securely attached to permanently installed Town owned poles that comply with design, material, location, installation, height, maintenance, and other applicable regulations; and

(d) Are removed within ten (10) days after conclusion of the event.

(3) Construction Signs on Buildings or Other Significant Work. Temporary Signs, customary and necessary in connection with the erection of buildings or other significant construction work, shall be limited to one (1) sign for each construction project to include only the identification of the project, architect, sponsor or builder. Such signs shall not exceed six (6) square feet in any residential district, twenty (20) square feet in any commercial district, or thirty (30) square feet in any industrial district, and shall be removed before issuance of a Certificate of Occupancy. No sign may be affixed to a tree or telephone pole.

(4) Election Signs and Political Signs.

(a) Shall be constructed of durable material and shall not be affixed or attached to trees, traffic signs or utility poles and shall not be located upon any public right-of-way or upon public property.

(b) Shall be erected not more than sixty (60) days prior to such election or referendum.

(d) Shall not exceed eighteen (18) square feet in area per side.

(5) Flags and Sails. No flag or sail shall contain any advertising or business or product information. Flags or sails that indicate a "welcome", "open" or similar greeting shall not exceed eighteen (18) square feet, be limited to two (2) per business, and may fly only during business hours. The flags of any nation, state, town, club, service, or military organization are exempt from any restrictions contained in these regulations.

(6) Governmental Signs. Signs erected by the Town, the State of Connecticut, or the United States of America, provided such signs bear no commercial advertising may be indirectly illuminated with downward directed lighting.

(7) Farm Stand Signs and On-farm Sale of Produce Signs:

(a) Signs on a farm for the marketing of produce raised on the farm, and signs associated with a Farm Stand located on a Farm for the marketing of produce raised on the Farm and/or other local Farms, shall be no larger than eighteen (18) square feet or two (2) signs no larger than nine (9) square feet each and shall not be lighted in any manner.

(b) No off-site signs advertising Farm produce or the Farm Stand are permitted.

(c) Farm Stand Signs and On-farm Sale of Produce Signs are considered Temporary Signs and shall be removed at the end of the produce selling season.

(8) Instructional, Directional and Safety Signs:

(a) There shall be no more than three (3) Signs for each applicable business or activity provided the nature and location of such Signs does not create a nuisance or hazard. The owner of the enterprise/activity for which the Sign is desired shall have permission of the property owner regarding Sign location. Each Sign shall not exceed two (2) square feet in area, either wall mounted or Freestanding. Such Signs may be indirectly illuminated with downward-directed lighting.

(b) Safety. Traffic control and pedestrian control Signs are permitted for licensed events. The need for these Signs shall be approved by the Town of Ledyard Police and/or the Town of Ledyard Fire Marshal as a temporary measure to ensure the protection of the public.

(9) Lawfully Existing Non-Conforming Signage. Such signage shall include any sign that conformed to the Town’s previously adopted zoning and/or signage regulations at the time of installation or the time of fabrication and currently supports a legal use.

(10) Memorial Signs or Tablets. Memorial signs, tablets, or signs denoting the date of erection of buildings shall be wall-mounted and shall not exceed two (2) square feet in area.

(11) Name and Address of Resident Signs. Name and address of resident signs shall not include any commercial advertising. Such signs are limited to one per address, and may be wall mounted or free standing.

(12) “No Trespassing" and the Posting of Land. Such signs regulating the use of the property on which they are located, provided such signs do not exceed three (3) square feet in area in any Residential District or five (5) square feet in any non-residential district. The top of the Sign shall not be more than five (5) feet from grade.

(13) Real Estate "For Sale", “For Lease”, and “For Rent” Signs:

(a) Such Temporary Signs shall be removed within fourteen (14) days after the completion of the sale, rental or lease of property. Such Signs shall not exceed eighteen (18) square feet.

(b) For subdivisions of eight (8) or more lots, in lieu of individual lot "For Sale" signs, there may be one (1) common sign, not to exceed thirty-two (32) square feet per side, advertising the property for sale, and not to be in place for more than two (2) years. These signs should be the customary signs used in the real estate industry and be made of durable materials.

(14) Service Signs. Accessory signs incidental to a business or a profession conducted on the premises indicating hours of operation, credit cards, business affiliations and the like, provided the total area of all such signs for a single business does not exceed two (2) square feet per public entrance (non-cumulative), and is wall-mounted at or immediately adjacent to the entrance to the building on the premises.

(15) String Lights. A business may use non-flashing holiday-type mini clear outdoor string lights to enhance landscaping; however, they shall be used in such a way as to not create a public safety, health or welfare concern, and shall not detract from the character of Gales Ferry and Ledyard Center.

(16) Window Signs. A legal business may have window signs permanently erected or maintained in one (1) window of their establishment, which is visible to any public street or highway, provided the following:

(a) No such signs (cumulative) shall comprise more than one (1) square foot per lineal front foot on the premises occupied, or a maximum of twenty-five percent (25%) of the total window areas, whichever is less.

(b) No more than thirty percent (30%) of any window may be covered by the signs.

(17) Water Tank Tower Signs. Such Signs are permitted provided they are for non-commercial municipal purposes, unlighted, limited to no more than one (1) sign face, and approved by the Town Council. Such Signs are exempt from size and time limit constraints. Such Signs may take size and perspective into their design for the height, curvature, dimensions, perspective, natural illumination, and location of the water tower. Banners and flags are not permitted to be hung on or from water tanks or water tank towers.

(18) Banners and Signs, if approved by the Town Council, are exempt from the requirement for Sign Permits.

(19) Interior Signs.

C. Prohibited Signs:

(1) Signs With Moving Parts. Signs which have visible moving parts, including Signs which are designed to achieve movement by action of wind currents, or which have mobile or revolving parts, or which have animated parts, are not permitted. Exceptions include: time or temperature devices, barber poles ordinarily and customarily used in connection with barber shops, wind socks, Open flags, and Welcome flags which contain no advertising if they comply with all other provisions of these regulations.

(2) Flashing Signs. Illuminated or indirectly illuminated signs which incorporate in any manner any flashing or moving illumination, animation or illumination which varies in color.

(3) Hazards to Public Safety. Any Sign or sign support which constitutes a hazard to public safety or health, including Signs which by reason of size, location, content, coloring or manner of illumination obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress to or egress from a fire escape, door, window or other required exit way; or which make use of words such as stop, look, one way, danger, yield, or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead, or confuse traffic.

(4) Pennants. String pennants are prohibited, except for the opening of a new business, which shall not exceed fourteen (14) days.

(5) Search Lights. Search lights are by special permit only for special events.

(6) Projecting Signs.

(7) Truck bed and Trailer mounted Signs.

(8) Inflatable Signs/Devices.

(9) Roof Signs.

(10) Internally Illuminated Signs.

(11) Electronic Signs. LCD, Plasma, neon and LED Signs.

(12) Home Occupation Signs.

(13) All other Signs not specifically authorized by these regulations.

9.3 Additional Sign Standards for Specific Districts

A. Residential Districts (R-20, R-40, RM-40, R-60, R-80 and MFVD Districts).

(1) Freestanding and Wall Mounted Signs. There shall be no more than one (1) Sign which shall not exceed sixteen (16) square feet for each permitted commercial use or special permit Sign. The lower edge of a free standing sign shall not be elevated more than one (1) foot above the grade level of the site.

(2) Illuminated Signs. Internally illuminated signs are prohibited. Indirectly illuminated signs in a Residential District may be lighted only by a continuous white down-light to reflect the light away from the adjoining property and away from the street(s).

(3) Neighborhood Entrance Signs. Permanent signs at major entrances to residential developments designed only to identify such developments shall be permitted provided such signs bear no commercial advertising and do not exceed sixteen (16) square feet in area (per side, if Freestanding). Signs shall not be elevated more than one (1) foot from the grade level of the site.

(4) Resident Name and Address Signs. Such Signs shall not exceed two (2) square feet, and shall be limited to one (1) per household.

B. Commercial and Industrial Districts (CM, NC, CIP and I Districts).

(1) If a Kiosk is not being used, one (1) Freestanding Sign per property not larger than eighteen (18) square feet in area shall be permitted.

(2) One (1) wall mounted, single face sign per establishment, shall not project more than fifteen (15) inches, and such sign may have a maximum square footage area as follows, provided that no such sign shall exceed one half (1/2) the length of the space occupied by the establishment:

Distance of Sign from Front Lot Line Maximum Permitted Area of Wall Mounted Sign

Less than 200’ 40 square feet

200’ – 299’ 100 square feet

300’ – 399’ 150 square feet

400’ + 200 square feet

(3) Any building with a major parking area located in the rear of the building may have a second wall sign also located in the rear of the building that is limited to twelve (12) square feet. Where two (2) or more wall signs are affixed to one wall, the gross display area shall not exceed forty (40) square feet.

(4) No sign in a commercial or industrial district shall be placed within forty (40) feet of a residential district boundary, or on fences, trees, or accessory structures. If the lot configuration does not permit the required setback, the sign shall be placed as far as possible from the lot line and not be illuminated.

(5) Illuminated Signs. Internally illuminated signs are prohibited.

(a) Signs may be lighted only by continuous white downward-directed lighting. There shall be no illumination of a flashing, intermittent or moving type. Floodlighting shall be downward directed so that the source is directed away from adjacent properties and traffic arteries.

(b) Hours of Lighting. Illumination of signs is restricted to hours of operation; security lights are excluded.

C. Ledyard Center Village Districts and Gales Ferry Design Districts (LCVD-1, LCVD-2, LCVD-3, MFVD, GFDD-1 and GFDD-2).

(1) Signs shall fit within the existing facade features and shall not interfere with floor and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs shall be placed on a facade only in a manner historically appropriate to the style of the building.

(2) Illuminated Signs. Internally illuminated signs are prohibited. Signs, if lit, shall be low level downward directed lit, and light reflection shall be contained within the sign frame and shall not significantly spill over to other portions of the building or site.

(3) Signs shall be mounted so that the method of installation is concealed.

(4) See Design Guidelines

D. Resort Commercial Cluster Districts (RCCD-1 and RCCD-2).

(1) Illuminated Signs. Internally illuminated signs are prohibited. Signs may be lighted only by continuous white downward-directed lighting. There shall be no illumination of a flashing, intermittent or moving type. Floodlighting shall be downward directed so that the source is directed away from adjacent properties and traffic arteries.

(2) No outdoor advertising shall take place on any part of a site unless said advertising is related to the services provided on the premises.

9.4 Application for a Sign Permit

A. Unless exempt, new signs, relocation of signs, modifications to existing signs, and changes to a sign face, require an application for a Sign Permit be made on forms provided by the Zoning Official, and shall include the following information:

(1) Dimensions of the Proposed Sign. The size of the proposed sign (area, height, width, thickness), illumination and material from which it is to be constructed.

(2) Detailed Drawing of the Proposed Sign. A detailed drawing showing the description of the construction details of the Sign and showing the lettering and/or pictorial matter and colors composing the sign, position of lighting or other extraneous devices, and support structures.

(3) Site plan of Proposed Sign. A site plan showing the location of the sign in relation to the building and all property lines and streets. (Reference §6.6-B-(5)). Note that the Zoning Official, or Commission, as applicable, can waive specific site plan requirements if not necessary to determine compliance with the Zoning Regulations (Reference §6.2-I & §6.2-J)

B. Unless exempt, the Zoning Official will review all Sign Permit applications for new signs in the R20, R40, R60, and R80 districts, and for all Signs in non-residential districts provided they are not wall mounted, free standing, or kiosk signs.

C. Unless exempt, the Zoning Official will review all Sign Permit applications that are limited to the replacement of a sign face in any district provided there is no change in the dimensions of the sign face.

D. Unless exempt, the Commission will review all applications for permanent new wall mounted, free standing, or kiosk signs, the relocation of wall mounted, free standing, or kiosk signs, and/or the enlargement of wall mounted, free standing, or kiosk signs sign faces in the GFDD-1, GFDD-2, LCVD-1, LCVD-2, LCVD-3, MFVD, RCCD-1, RCCD-2, NC, CM, CIP, and I districts.

E. Any Sign Permit application that does not satisfy these regulations, or that will make an existing lawful non-conforming sign more non-conforming, will be denied.

F. The applicant, after consultation with the Town Planner and/or Zoning Official, may request guidance from the Commission regarding Sign applications for the Ledyard Center Village Districts or the Gales Ferry Design Districts. (Reference Attachment D - “Design Guidelines”)

G. A sign constructed pursuant to an approved sign permit remains lawful unless there is a change in its location, design, illumination, size, dimensions, or colors, or if there is a material change in sign face content, that is made without a new sign permit.

9.5 Issuance of Sign Permits , Related Fees, & Expiration of Sign Permits

A. For Sign Permit applications requiring review by the Zoning Official, the Zoning Official, on finding a proposed new Sign, or proposed material sign modification to a lawful existing sign, to be in compliance with these regulations, and receipt of the Sign Permit fee, shall issue a Sign Permit.

B. For Sign Permit applications requiring review by the Commission, the Zoning Official, upon the direction of the Commission, and receipt of the Commission Review fee, shall issue a Sign Permit.

C. The expiration date of a Sign Permit is the same as the expiration of an approved Site Plan. Reference §6.5.

9.6 Hazardous, Obsolete, and Non-Conforming Signs

A. No Sign deemed hazardous by the Building Official or the Zoning Official shall be maintained or erected in Town. Signs shall be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring, loose fastenings and shall be maintained at all times in such safe condition so as not to be detrimental to public health and safety.

B. No sign shall be erected or maintained which advertises a product, use or activity no longer available, for sale, or in use on the premises. Such signs shall be removed within thirty (30) days after the date they become obsolete. This provision does not apply to seasonal activities and uses that are closed during regular periods. Signs shall be located on the premises on which the business or service is located; except one (1) Sign may be erected on a previous site of a business or service which is relocated for reasons of an unforeseen disaster (e.g., fire, flood) for a period of fifteen (15) months.

C. Lawful Non-conforming Signs. Existing signs installed prior to the adoption of the Zoning Regulations (October 11, 1963 as amended) of a size, type, or location currently not permitted in the District in which they are situated, or which do not conform to all the provisions of these regulations, will be considered lawful non-conforming structures under this Section. Any increase in size shall be deemed to be an enlargement or extension producing an unlawful increase in non-conformity. Non-conforming Signs shall not be relocated to any other location unless such relocation results in eliminating all non-conformity.

9.7 Violations and Removal of Unlawful or Unsafe Signs

A. In the event of a violation of any of the foregoing provisions of these regulations, the Zoning Official may implement the enforcement provisions of §15.0 of these regulations.

B. The Zoning Official may remove, without notice, any sign in violation of the foregoing regulations that is located on public property, on the Town Right of Way along public Town roads, or in the State Right of Way along state highways.

C. Upon failure to comply with the enforcement provisions specified above, the Zoning Official shall initiate appropriate legal action to be taken to obtain conformance or removal of such Sign. Such action may include a Notice of Violation, Cease and Desist Order, and/or a Zoning Citation.

D. If a pre-existing lawfully non-conforming sign is not maintained pursuant to these regulations, the Commission may, after reasonable notice to the land owner by the Zoning Official, by majority vote, declare the structure “abandoned”.

E. Unlawful signs (see §2.0 – “Definitions”) are not permitted and shall be removed upon receipt of a Notice of Violation and/or a Cease and Desist Order issued by the Zoning Official.

F. When any Sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the Zoning Official is hereby authorized to cause any such Sign to be removed summarily without additional notice.

SECTION 10.0: OFF STREET PARKING AND LOADING

10.1 General Requirements

A. Applicability. Off-street parking and loading shall be provided in accordance with this Section for any building or use hereafter erected, established, enlarged, increased, or exchanged. Parking and loading space shall be maintained and shall not be encroached upon so long as said principal building or use remains, unless an equivalent number of such spaces is provided elsewhere in conformance with these regulations.

B. Parking shall be provided as necessary to meet the requirements of the Americans with Disabilities Act (ADA).

10.2 Residential Districts (R-20, R-40, R-60, R-80)

A. See Attachment C – “Parking Table”

10.3 Mobile Manufactured Home Land Lease Community (RM-40)

A. Parking within the Mobile Home Land Lease Community shall be constructed in accordance with the following specifications:

(1) Adequate paved, or covered and paved, space shall be provided on each site for the parking of at least two (2) cars. Resident parking shall be located to the left or right of each home behind the front extended plane of the home, or alternatively, parking may be provided behind the home if out of view from the roadway. Each land lease site is permitted to have an attached one (1) or two (2) car garage which provides end to end or side by side covered paved parking.

(2) Additional Parking Areas.

(a) Guest Parking Areas. Such guest parking shall be provided at the rate of not less than one (1) space per every four (4) lease sites at convenient and accessible locations. If permitted by the Community Rules and Regulations, guests may park off-street within the individual paved driveway areas provided at each home site, in which case the on-site guest parking space may be credited on a one (1) for one (1) basis towards the off-site guest paved parking space requirement. It is intended that this provision will reduce or eliminate the need for off-site paved guest parking.

(b) Additional parking, as appropriate, shall be provided if there is a Community Center and/or recreation facility.

(c) Paved remote parking for trailered boats, motor homes, and Travel trailers, shall be provided at a minimum rate of one (1) space per every eight (8) lease sites. Boat Storage without the use of a trailer is not permitted in the paved remote Parking Area or on individual home sites. The remote paved Parking Area shall be screened to minimize its view from residents of the community and from adjoining properties. Fencing shall not be used to create the required Screening.

(3) Parking is prohibited on the community roadways at any times to provide for emergency vehicle access at all times, safety and for snow removal. Appropriate street signs shall be installed, and the Community Rules and Regulations shall reflect the requirement, which shall be the responsibility of the community owner to properly enforce at all times. On-roadway parking shall constitute a violation of the requirements of the special permit.

10.4 Ledyard Center Village Districts (LCVD-1, LCVD-2, LCVD-3)

A. See Attachment C – “Parking Table”

B. Off-street parking shall meet the following requirements:

(1) Off-street surface parking lots shall be set back a minimum of ten (10) feet from the sidewalk line.

(2) All parking lots shall be screened per Attachment D – “ Design Guidelines”.

(3) Circular drives are prohibited except for Civic Buildings in LCVD-1, and LCVD-2. Circular drives are permitted in LCVD-3.

(4) Off-street Parking Areas in front of new and existing buildings is discouraged, especially wherever alternative parking solutions exist. Justification is required for parking in front of buildings.

(5) Use Minimum Parking Spaces Required unless the maximum is necessary for the proposed use.

10.5 Gales Ferry Design Districts (GFDD-1, GFDD-2)

A. See Attachment C – “Parking Table”

B. Off-street parking shall meet the following requirements:

(1) Maximum Lot Coverage by all impervious surfaces including buildings, Parking Areas, access roads, and others shall not exceed eighty percent (80%) of the total area.

(2) Off-street surface parking lots shall be set back a minimum of ten (10) feet from the sidewalk line.

(3) Circular drives are prohibited except for Civic Buildings.

(4) Off-street Parking Areas in front of existing buildings shall be discouraged wherever alternative parking solutions exist.

(5) Off-street Parking Areas in front of new buildings is discouraged. New Parking areas should be located to the side and rear of the building, unless the applicant can adequately demonstrate limitations with the land, due to topography, septic requirements, right of way, easements, corner lots or any other limitations that the Commission may agree to.

(6) If necessary, parking may be allowed in front of a new building, provided twelve (12) feet of green space is provided from the sidewalk line. Buffer requirements of §10.5.B-(10) shall be required with the addition of medium growth trees and plantings.

(7) Curb cuts shall be minimized through the use of shared driveways, or rear driveway connections.

(8) Parking areas shall be buffered. Stonewalls, hedges, or evergreen screens a minimum of 3 feet high are required along front, side and rear property lines may be utilized. Fences used for screening shall only be installed behind the front Building Setback Line.

(9) For mixed uses with different parking requirements occupying the same building or premises, the number of parking spaces required shall equal the sum of the requirements of the individual uses computed separately, unless (i) the Commission finds that the proposed capacity will substantially help achieve the purpose of these regulations; or (ii) in mixed-use development, there are two or more uses, which have differences in their principal operating hours, thereby allowing the utilization of the same parking spaces.

(10) Where parking or outdoor sales display areas are located in front of the building, a buffer strip not less than fifteen feet wide along the front lot line shall be green space, seeded or otherwise planted or landscaped. Such strips shall be protected by a six (6) inch curb or bituminous concrete or other similar material.

(11) Each required space, exclusive of drives and aisles, shall be not less than eighteen (18) feet long or less than (9) feet wide, striped, and shall be served by an aisle between rows of parking spaces.

(12) Use the Minimum Parking Spaces required unless the maximum is necessary for the proposed use.

(13) On-street parking is discouraged.

(14) All on-street parking shall be approved by the Public Works Director and the Town Planner.

10.6 Commercial, Industrial, & Special Use Districts (I, CM, NC, CIP)

A. See Attachment C – “Parking Table”

B. Any use permitted in a Commercial District and not specifically mentioned in Attachment C: one (1) space per one hundred fifty (150) square feet of gross floor area plus one (1) space per major shift employee.

C. Any use permitted in an Industrial District and not specifically mentioned above: one (1) space per major shift employee.

D. Use Minimum Parking Spaces Required unless the maximum is necessary for the proposed use.

10.7 Fee in Lieu of Parking

A. Off-street parking requirements within the LCVD-1, LCVD-2, LCVD-3, GFDD-1, GFDD-2, CM and NC Districts may be satisfied by payment of an in-lieu parking fee.

(1) To establish a payment in-lieu parking fee, an application shall be made to the Commission. The application shall include a plan for shared parking agreed upon with the Town Engineer.

(2) The in-lieu parking fee shall be at a rate established by the Commission, and shall be:

(a) Equivalent to the Town’s estimated cost of providing the required parking spaces to serve the proposed use.

(b) Paid prior to the date the Certificate of Occupancy is issued.

(3) Parking requirements shall be evaluated upon changes in property use.

10.8 Shared Parking

A. When possible, the sharing of parking lots for different structures and uses is encouraged in all Districts.

(1) To establish shared parking, the following requirements shall be satisfied:

(a) An application shall be made to the Commission.

(b) A reciprocal written agreement shall be executed by all parties with interest in the parking lot that assures perpetual joint use of such common parking. The agreement shall clearly address use schedules, liability, maintenance, repair, snow removal, striping, lighting, utilities, drainage, landscape maintenance, and insurance responsibilities associated with the proposed shared parking.

[i] The type and hours of operation and parking demand for each use;

[ii] A site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot;

[iii] A description of the character of land uses; and

[iv] An estimate of anticipated turnover in parking space use over the course of twelve (12) to twenty-four (24) hours at a site.

(d) Parking spaces to be shared shall not be reserved for individuals or groups on a twenty-four (24) hour basis.

(e) Uses sharing a parking facility do not need to be located on the same lot, but such use shall be no more than five hundred (500) feet from the closest parking space in the shared parking lot. A waiver of the maximum allowable distance between the use and the shared parking lot may be approved by the Commission with written justification and supporting information providing by the applicant.

(f) Uses sharing a parking lot shall provide for safe, well-marked pedestrian crossings, signage and adequate lighting.

(2) Discontinued shared parking will constitute a violation of these zoning regulations for any use approved expressly with shared parking unless 60 days prior to the discontinuance (a) the parties notify the Zoning Official of the change, in writing, and (b) provide an acceptable parking plan for review and approval by the Commission.

10.9 Assisted Living for Seniors

A. One (1) parking space shall be required for each detached Dwelling Unit.

B. One (1) parking space for every two (2) attached units.

C. One (1) visitor parking space shall be required for every three (3) Dwelling Units.

D. One (1) parking space for each employee employed on both of the two (2) largest shifts.

10.10 Bed and Breakfasts

A. See Attachment C – “Parking Table”

B. Parking for Bed and Breakfasts shall be designated on the site plan.

C. There shall be at least two (2) off-street parking spaces designated on the site plan for the owner and one (1) additional off-street parking space for each guest room.

D. Parking shall allow for access by emergency vehicles without blocking cars.

E. Parking for all guests shall be located behind the principal structure, or naturally screened by a combination of distance and vegetation so as not to be seen from the street and adjacent properties.

F. The operation, including the Parking Area, the lot configuration and building locations shall be such as to preserve both the structure and the residential nature of the neighborhood in which it is located.

10.11 Country Inn

A. See Attachment C – “Parking Table”

B. Parking for Country Inns shall be designated on the submitted site plan.

C. There shall be at least two (2) off-street parking spaces designated on the site plan for the owner and one (1) additional off-street parking space for each guest room. In addition, there shall be one (1) additional off-street parking space for each employee on the largest shift.

D. Parking shall allow for access by emergency vehicles without blocking cars.

E. All parking shall be screened by principal site structures, or by a combination of distance and vegetation, so as not to be seen from the street and adjacent properties.

10.12 Home Occupations

A. See Attachment C – “Parking Table”.

B. No more than one (1) Motor Vehicle, not in excess of a fifteen thousand (15,000) pound gross weight rating, used in support of the Home Occupation, may be parked outdoors on the normal Parking Area of the premises. No vehicles used in the business shall be parked on the street.

B. The one (1) permitted non-resident employee, if any, who works in the home shall park off the street.

C. Customers, clients, students, and vendors shall park off the street on an existing paved or crushed stone Parking Area previously established for the residence.

10.13 Residential Care Home

A. Off street parking may be provided in any combination of headfirst parking spots, Driveway spaces, or garage spaces.

B. The minimum number of required off-street parking spaces shall be as follows:

(1) For each detached Dwelling Unit: one (1) parking space.

(2) For every two (2) attached units: one (1) parking space.

(3) For every three (3) Dwelling Units: one (1) visitor parking space.

(4) For every employee on both of the two (2) largest shifts: one (1) parking space.

(5) For every three (3) patients: one (1) visitor parking space.

10.14 Other Uses

A. TBD

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SECTION 11.0: ALTERNATIVE ENERGY SYSTEMS

11.1 Small Wind Energy Systems

A. Purpose. To allow the placement of a Small Wind Energy System. A Small Wind Energy System may consist of a wind turbine, nacelle, generator, a tower and its support structures, associated control, and conversion electronics. These regulations are to allow for on-site wind generation of electricity of up to 25 kw for personal use while:

(1) Protecting nearby properties from acoustic nuisance;

(2) Reducing the potential of damage to neighboring properties in the event of a system failure;

(3) Reducing the potential of injury to wildlife;

(4) Protecting the ambiance of the Ledyard Center Village Districts and the Gales Ferry Design Districts; and

(5) Protecting scenic vistas, nature preserves, and scenic roadways.

B. Applicability. These regulations are applicable to Small Wind Energy Systems designed for on-site residential, farm, and small private commercial uses.

C. Small Wind Energy Systems, as defined in these zoning regulations, are permitted in accordance with the Schedule of Uses, provided the requirements of §7.0 “Special Permits” and the following regulations are met:

(1) A Small Wind Energy System shall provide electricity only in support of a principal or Accessory Use of the parcel on which it is located.

(2) A maximum of one (1) Small Wind Energy System shall be allowed on any parcel, or on one (1) set of contiguous parcels held in common ownership, whichever is fewer, as an Accessory Use provided the Small Wind Energy System contains no signage, is not illuminated, and does not conflict with other requirements.

(3) Excess electricity generated by Small Wind Energy Systems in Residential Districts may be transferred and sold back into the electric grid and/or may be stored onsite for future use.

(4) Lighting and perimeter fencing are not permitted for systems in Residential Districts.

(5) No part of the Small Wind Energy System, including supporting guy wires (if any), shall extend closer than thirty (30) feet to any property boundary.

(6) Small Wind Energy Systems, including towers or alternative turbine support structures, and supporting guy wires (if any), shall not be located in any Front Yard.

(7) To assure that the Small Wind Energy System cannot fall on the property of another, setbacks for the base of a tower from the nearest property line shall not be less than the height (including rotor tip) of the Small Wind Energy System.

(8) The special permit is valid only for the specific Small Wind Energy System (make, model, and tower) as proposed in the application.

(9) The Small Wind Energy System shall be designed and sited such that entry onto abutting property is not required for its installation, removal, maintenance, or repair. A Small Wind Energy System shall not be permitted if it requires an easement for installation, removal, noise, electromagnetic interference, fall radius, maintenance, replacement, or other purpose.

(10) The Small Wind Energy System shall be considered abandoned and its special permit shall be void if the system fails to generate electricity during any continuous twelve (12) month period.

(11) Commercial Signs, advertising, and lighting, with the exception of safety lighting in non-residential districts, shall not be permitted on a Small Wind Energy System.

(12) The Small Wind Energy System shall comply with all applicable Federal Aviation Administration requirements.

(13) Power transmission lines and system control lines from the tower to any other structure shall be underground.

(14) Climbing pegs shall not be located closer than twelve (12) feet to the ground level. To protect wildlife, improve aesthetics, reduce noise, and discourage authorized climbing, open type (lattice or cross braced) towers are not permitted.

D. Application Requirements:

(1) The proposed Small Wind Energy System design must be certified by a recognized national safety program such as Underwriter Laboratories or the equivalent.

(2) The application will include manufacturer recommended maintenance schedules and procedures including procedures of how to safely access the associated control or conversion electronics, generator, and turbine blades for cleaning, repair, and replacement.

(3) Certification, provided by the manufacturer of the system's tower design, shall be provided that shows it (i) will withstand continuous one hundred and ten (100) MPH wind speeds, and (ii) will be in compliance with the Connecticut Building Code, including confirmation that it will meet the Uniform Building Code Wind Exposure D requirements or equivalent for the soil class on which it will be installed.

(4) Written confirmation that the electric utility service provider has been informed of, and has approved of, the applicant's intent to install an interconnected customer-owned electricity generator. This requirement is waived if the applicant does not intend to connect his proposed system to the commercial electric grid.

(5) The application shall be accompanied by a site plan drawn to scale showing the parcel boundaries, location of nearest off site residences, location of the Tower, existing grade elevation, location of all structures on the parcel, location of above ground power lines and other above ground utility lines.

(6) The application shall include the make, model, year, specifications, noise level charts, power output, maintenance requirements, and an overview description of the proposed Small Wind Energy System, including footings, tower, rotor or blade system, the associated control or conversion electronics, the generator, the minimum and maximum heights above ground of the turbine blade tips, and appropriate drawings illustrating such dimensions of the various structural components.

(7) Sufficient information to show that the proposed site shall have sufficient access to unimpeded air flow for adequate operation in accordance with the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.

(8) Sufficient information to show that noise generated by the Small Wind Energy System will comply at the nearest property line with requirements of the Connecticut Regulations for the Control of Noise and CGS Title 22a (Environmental Protection) Chapter 442 (Noise Pollution Control).

11.2 Solar Energy Systems

A. Purpose. To allow for active and passive Solar Energy Systems.

B. Ground mounted Solar Energy Systems are permitted in accordance with the Attachment A: Permitted Uses provided the requirements of §7.0 “Special Permits” and the following regulations are met:

(1) Location Requirements: No free-standing accessory solar energy building or structure shall be built on any lot on which there is not a principal building. Accessory solar energy buildings or structures are permitted subject to the following conditions:

(a) No Solar Energy Accessory Building or Structure shall be permitted in any required Front Yard or any required Side Yard.

(b) Solar Energy Accessory Buildings or Structures are permitted in the Rear Yard and shall not be closer than six (6) feet from any side or rear property line.

(c) The total of all Solar Energy Accessory Buildings or Structures shall not occupy more than forty percent (40%) of the Rear Yard.

(d) No free-standing accessory Solar Energy Building or Structure shall exceed fifteen (15) feet in height.

(e) All Solar Energy Accessory Buildings or Structures shall be located at least six (6) feet from any Principal Building situated on the same lot.

C. Roof mounted Solar Energy Systems are permitted in all districts. Roof mounted solar energy systems constitute “development” and shall satisfy the purpose and intent of the Design Guidelines if located in a Ledyard Center Village District or if located in a Gales Ferry Design District. If proposed for a Village District, the solar panel application shall be reviewed by the ARB and the Commission. If proposed for a Design District, the application shall be approved by the Commission.

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SECTION 12.0: NATURAL RESOURCES

12.1 Coastal Area Management

A. Purpose. All Buildings, Uses, and Structures fully or partially within the coastal boundary, as defined in Chapter 444, §22a-94 of the Connecticut General Statutes and depicted on the Town of Ledyard Zoning Map, shall be subject to the Coastal Site Plan review requirements and procedures in Sections 22a-105 through 22a-109 of the Connecticut General Statutes.

B The following activities are hereby exempted from Coastal Site Plan review requirements under the authority of subsection (b) of §22a-109 of the Connecticut General Statutes:

(1) Gardening, grazing, and the harvesting of crops;

(2) Minor additions to, or modifications of, existing Buildings or Accessory Buildings;

(3) Construction of new or modification of existing Structures incidental to the enjoyment and maintenance of residential property including, but not limited to, walks, terraces, Driveways, tennis courts, and Accessory Buildings;

(4) Construction of new, or modification of existing, on-premise fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water and sewer service lines, signs and such other minor structures as will not substantially alter the natural character of coastal resources as defined by §22a-93 (7) of the Connecticut General Statutes;

(5) Construction of a Single-Family Dwelling except in or within one hundred (100) feet of the following coastal resource areas as defined by §22a-93 (7) of the Connecticut General Statutes: tidal wetlands, coastal bluffs and escarpments, and beaches and dunes;

(6) Activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife, and other coastal land and water resources;

(7) Interior modifications to Buildings; and

(8) Minor changes in use of Building, Structure or property except those changes occurring on property adjacent to or abutting coastal waters.

C. The following applications are subject to the Coastal Site Plan review requirements and procedures, unless located fully or partially within the coastal area:

(1) Site plans submitted to the Commission in accordance with §22a-109 of the Connecticut General Statutes;

(2) Applications for a special permit submitted to the Commission in accordance with §8-2 of the Connecticut General Statutes and §7.0 of these regulations;

(3) Applications for a variance submitted to the Zoning Board of Appeals in accordance with subdivision (3) of §8-6 of the Connecticut General Statutes and §15.9 of these regulations; and

(4) A referral of a proposed municipal project to the Planning Commission in accordance with §8-24 of the Connecticut General Statutes.

D. Coastal Site Plan. In addition to meeting the other requirements of these regulations, all applicants for zoning permits, special permits, or variances relating to uses proposed for location fully or partially within the coastal area shall submit a Coastal Site Plan which shall accomplish the following:

(1) Show the location and spatial relationship of coastal resources on and contiguous to the site;

(2) Describe the entire project with appropriate plans, indicating project location, design, timing and methods of construction;

(3) Assess the capability of the resources to accommodate the proposed use;

(4) Assess the suitability of the project for the proposed site;

(5) Evaluate the potential beneficial and adverse impacts of the project and describe proposed methods to mitigate adverse effects on coastal resources; and

(6) Demonstrate that the adverse impacts of the proposed activity are acceptable and demonstrate that such activity is consistent with the goals and policies in §22a-92 of the Connecticut General Statutes.

E. Coastal Site Plan Review. In addition to any other applicable site plan review criteria prescribed by these Zoning Regulations as set out in §6.0, a Coastal Site Plan required under this Section shall be reviewed and may be modified, conditioned, or denied in accordance with the procedures and criteria listed in this Section of these Zoning Regulations.

(1) The Commission may, at its discretion, hold a public hearing, in accordance with §15.8 of these regulations, on any Coastal Site Plan submitted to it for review.

(2) In determining the acceptability of potential adverse impacts of the proposed activity described in the Coastal Site Plan on both the coastal resources and the future water dependent development opportunities, the Commission shall:

(a) Consider the characteristics of the site, including the location and condition of any coastal resources defined in §22a-93 of the Connecticut General Statutes;

(b) Consider the potential effects, both beneficial and adverse, of the proposed activity on coastal resources and future water-dependent development opportunities; and

(c) Follow all applicable goals and policies stated in §22a-92 of the Connecticut General Statutes and identify any conflicts between the proposed activity and any goal or policy. When approving, modifying, conditioning or denying a Coastal Site Plan on the basis of the criteria herein prescribed, the Commission shall state, in writing, the findings and reasons for its action and shall send a copy of any decision by certified mail to the person who submitted such plan within fifteen (15) days after such decision is rendered.

(3) In approving any activity proposed in a Coastal Site Plan, the Commission shall make a written finding that the proposed activity with any conditions or required modification:

(a) Is consistent with all applicable goals and policies in §22a-92 of the Connecticut General Statutes; and

(b) Incorporate as conditions or modifications all reasonable measures which would mitigate the adverse impacts of the proposed activity on both coastal resources and future water-dependent development activities.

F. Bond. As a condition to a Coastal Site Plan approval, the Commission may require a bond or other surety or financial security arrangement to secure compliance with any modifications, conditions, or other terms stated in its approval of the plan. The bonding procedure shall follow §15.6 of the Zoning Regulations.

G. Violations. Any activity within the defined coastal area not exempt from Coastal Site Plan review pursuant to §12.1(C) above, which occurs without having received a lawful approval from the Commission under all of the applicable procedures and criteria prescribed by these Zoning Regulations or which violates the terms and conditions of such approval, shall be deemed a public nuisance and appropriate legal remedies will be taken by the Commission for the abatement of such nuisance.

H. Time Limitations. Whenever the approval of the Coastal Site Plan is the only requirement to be met or remaining to be met under these regulations for a proposed building use or structure, a decision on an application for approval of such site plan shall be rendered within sixty-five (65) days after receipt of such plan. The applicant may consent to one (1) or more extensions of such period, provided the total period of any such extension or extensions shall not exceed two (2) further sixty-five (65) day periods, or may withdraw such plan.

12.2 Soil Erosion and Sediment Control Plan

A. In accordance with Connecticut General Statutes. §22a-325 to 22a-329 inclusive, a Soil Erosion and Sediment Control Plan shall be submitted with any application for development when the Disturbed Area of such development is cumulatively more than one-half (1/2) acre. The Soil Erosion and Sediment Control Plan shall, in mapped and narrative form, contain proper measures to be taken to control erosion and sedimentation during and after construction. The Soil Erosion and Sediment Control Plan shall be based on the "Connecticut Guidelines for Soil Erosion and Sediment Control," (1985) as amended.

B. Site plan Requirements: See §6.6.

C. Approval. After review of the Soil Erosion and Sediment Control Plan by the Commission or its designated agent, the appropriate authority shall certify, modify and certify, or deny that the Soil Erosion and Sediment Control Plan complies with these regulations. A vote of the Commission to approve a site plan shall mean Certification of the Soil Erosion and Sediment Control Plan as well. Prior to Certification, any plan submitted to the Commission may be referred to any agency, deemed appropriate by the Commission, or recommendations concerning the Soil Erosion and Sediment Control Plan, provided such review shall be completed within thirty (30) days of the receipt of such plan.

D. Bond. The estimated costs of measures required to control soil Erosion and sedimentation, as specified in the certified plan, may be covered in the performance bond or other insurance acceptable to the Commission in accordance with §15.6 of these regulations.

E. Inspection. The Commission or its designated agent shall periodically conduct inspections, or periodic reviews, to verify compliance with the certified plan and that Erosion and sediment control measures are properly performed or installed and maintained. The Commission or its designated agent may require the applicant to submit progress reports which show that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being correctly operated and maintained.

12.3 Flood Protection

A. Purpose and Objectives. It is the purpose of these regulations to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas. The flood hazard areas of the Town of Ledyard are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. Definitions. Unless specifically defined below, words or phrases used in this regulation shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance it’s most reasonable application.

(1) AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to one percent (1%) or greater chance of flooding in any given year.

(2) BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

(3) BASE FLOOD ELEVATION (BFE): Is the elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

(4) BASEMENT: Is any area of the building having its floor subgrade (below ground level) on all sides.

(5) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The federal agency that administers the National Flood Insurance Program (NFIP).

(6) FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waves, or the unusual and rapid accumulation/runoff of surface waters from any source.

(7) FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the National Flood Insurance Program Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

(8) FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide and/or flood related erosion hazards.

(9) FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

(10) FUNCTIONALLY DEPENDENT USE OR FACILITY: A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

(11) HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior, or (2) directly by the Secretary of the Interior in states without approved programs.

(12) LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement).

(13) MANUFACTURED HOME: For purposes of the National Flood Insurance Program, means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.

(14) MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

(15) NEW CONSTRUCTION: The purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after March 11, 1981, the effective date of floodplain management regulations adopted by the community and includes any subsequent improvements to such structures.

(16) RECREATIONAL VEHICLE: A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent Dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(17) START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date.

(a) The actual start means either:

[i] The first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns; or

[ii] Any work beyond the state of excavation or the placement of a manufactured home on a foundation.

(b) Permanent construction does not include:

[i] Land preparation, such as clearing, grading and filling;

[ii] Installation of streets and/or walkways;

[iii] Excavation for a basement, footings, piers or foundations;

[iv] The erection of temporary forms;

[v] Installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

(c) For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(18) STRUCTURE: For floodplain management purposes, a walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

(19) SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

(20) SUBSTANTIAL IMPROVEMENT: Any combination or repairs, reconstruction, alteration, or improvements to a structure, taking place during a ten year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures that have “substantial damage,” regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Zoning Official and are solely necessary to assure safe living conditions.

(21) VARIANCE: A grant of relief by a community from the terms of the floodplain management regulation that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

(22) VIOLATION: Failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without required permits, lowest flood elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be a violation until such time as that documentation is provided.

(23) WATER SURFACE ELEVATION: The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

C. General Provisions. These regulations shall apply to all areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New London County, Connecticut, dated July 18, 2011, and accompanying Flood Insurance Rate Maps (FIRM), dated July 18, 2011, and other supporting data applicable to the Town of Ledyard, and any subsequent revisions thereto, are adopted by reference and declared to be a part of these regulations.

(1) Since mapping is legally adopted by reference to this regulation, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.

(2) The area of special flood hazard includes any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM.

(3) Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location.

(4) A Zoning Permit shall be required in conformance with the provisions of this regulation prior to the commencement of any development activities.

(5) The degree of flood protection required by this regulation is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering consideration and research. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes.

(6) This regulation does not imply or guarantee that land outside the Special Flood Hazard Area or uses permitted in such areas will be free from flooding and flood damages.

(7) This regulation shall not create liability on the part of the Town of Ledyard or by any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder.

(8) The Town of Ledyard, its officers and employees shall assume no liability for another person’s reliance on any maps, data or information provided by the Town of Ledyard.

(9) These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this regulation and another ordinance, regulation, easement, covenant or deed restriction conflict to overlap, whichever imposes the more stringent restrictions shall prevail.

D. Duties and Responsibilities of the Commission or its Designated Agent shall include, but not be limited to:

(1) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;

(2) Advise permitted that additional Federal or State permits may be required and notify adjacent communities and the Department of Environmental Protection, Water Resources Unit prior to any alteration or relocation of a watercourse;

(3) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

(4) Record the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved or flood-proofed structures. When flood-proofing is utilized for a particular structure the Zoning Official shall obtain certification from a Licensed Professional Engineer or architect;

(5) When base flood elevation data or floodway data have not been provided, then the Zoning Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer the provisions of Sections 12.3(E); and

(6) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard, the Zoning Official shall make the necessary interpretation. All records pertaining to the provisions of this regulation shall be maintained in the Zoning Office.

E. Provisions for Flood Hazard Reduction:

(1) General Standards. In all areas of special flood hazard the following provisions are required:

(a) New Construction and Substantial Improvements. New construction and substantial improvements shall be:

[i] Anchored to prevent flotation, collapse, or lateral movement of the structure;

[ii] Constructed with materials and utility equipment resistant to flood damage; and

[iii] Constructed by methods and practices that minimize flood damage.

(b) Water Supply and Sanitary Sewage Systems:

[i] New and replacement Water Supply Systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

[ii] New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the system into flood waters.

[iii] On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

(c) Manufactured Homes. All Manufactured Homes to be placed within Zones A and AE on the Town's Flood Insurance Rate Map shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement:

[i] Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement.

[ii] Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.

[d] Utilities. Electrical, heating, ventilation, plumbing, air conditioning equipment, HVAC ductwork, and other service facilities, or any machinery or utility equipment or connections servicing a structure shall be elevated to or above the base flood elevation (BFE) to prevent water from entering or accumulating within the components during conditions of flooding. This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation ductwork, washer and dryer hook-ups, electrical junction boxes, and circuit breaker boxes.

(2) Specific Standards. In all areas of special flood hazard where base flood elevation data has been provided, as set forth in §12.3(C) or as determined in §12.3(D)(5), the following provisions, in addition to those in §12.3(E)(1), are required:

(a) Residential Structures: New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation;

(b) Non-residential Structures:

[i] New construction, substantial improvement of any commercial, industrial, or non-residential structure located in a Special Flood Hazard Area shall have the lowest floor, including basement, elevated to or above the level of the base flood elevation;

[ii] Flood proofing. Non-residential structures located in all A and AE Zones may be flood proofed in lieu of being elevated provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

[iii] A Licensed Professional Engineer or Architect shall review and/or develop structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this subsection.

[i] Have the lowest floor elevated to or above the base flood elevation.

[ii] Be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored. This includes manufactured homes located outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of flood.

(d) Recreational Vehicles placed on sites in all A and AE Zones shall either:

[i] Be on a site for fewer than one hundred and eighty (180) consecutive days;

[ii] Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

[iii] Meet the permit requirements of this Section and the elevation and anchoring requirements for “manufactured homes” in §12.3(E)(1)(C) of the General Standards Section.

(e) In AE Zones where base flood elevations have been determined, but before a floodway is designated, it is required that no new construction, substantial improvement, or other development (including fill) be permitted which would increase base flood elevations more than one (1) foot at any point in the community when all anticipated development is considered cumulatively with the proposed development.

(3) Floodways:

(a) In areas where floodways have been designated or determined, these regulations shall prohibit encroachments, including fill, new construction, substantial improvements and other developments within the floodway unless demonstrated through hydraulic and hydrologic analysis performed in accordance with standard engineering practice and certified by a Licensed Professional Engineer that encroachments shall not result in any (0.00) increase in flood levels during occurrence of the base flood discharge.

(b) When utilizing data other than that provided by the Federal Emergency Management Agency, the following standard applies: select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one (1) foot at any one (1) point.

F. Variances. The Zoning Official shall maintain a record of all flood protection variance actions, including justification for their issuance, and report such variances issued in the annual report submitted to the National Flood Insurance Program Administrator.

(1) An applicant for a variance to this Section shall be notified by the Zoning Official that the issuance of a variance to construct a structure below the base flood level will result in increased rates for insurance coverage up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and that such construction shall be maintained with a record of all flood protection variance actions.

(2) A variance shall not be granted if the Zoning Board of Appeals determines that:

(a) No exceptional hardship would result from the failure to grant the variance; and

(b) Granting of the variance would result in increased flood heights, additional threats to public safety, extraordinary public expenses, or creation of nuisances.

G. Equal Conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for Ledyard, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure, are prohibited.

(1) Exception: If the applicant provides certification by a licensed professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments will not result in any (0.00 feet) increase in flood levels (base flood elevation).

(2) Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage, shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.

H. Compensatory Storage. The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in the footprint to the structure, shall be compensated for by deepening and/or widening of the floodplain.

(1) Storage shall be:

(a) Provided on-site, unless easements have been gained from adjacent property owners;

(b) Provided within the same hydraulic reach and a volume not previously used for flood storage;

(c) Hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.

I. Above Ground Storage Tanks. Above ground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE, and have a screw fill cap that does not allow for the infiltration of flood water.

J. Portion of Structure in Flood Zone. If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the entire structure is considered to be in the SFHA.

(a) The entire structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure.

(b) Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone.

K. Structures in Two Flood Zones. If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., V zone is more restrictive than A zone; structure must be built to the highest BFE).

(a) The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure.

(b) Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive.

12.4 Soil, Gravel and Stone Removal

A. Major filling, excavating or relocation of topsoil, sand, gravel, clay, stone or other minerals in any district is allowed by a zoning permit issued by the Commission. A site plan and plan of operations is required.

B. Minor filling, excavating or relocation of topsoil, sand, gravel, clay, stone or other minerals in any district is allowed by a zoning permit issued by the Zoning Official. A site plan and plan of operations is required.

C. The intent of the regulations is to insure that the landscape is not needlessly marred during and after operations and that the work will not be a source of dust, pollution, siltration, or be generally characterized by unsightliness as evidenced by open pits, rubble or other indications of completed digging operations, which would have a deteriorating influence on nearby property values.

D. Exception. Provided the intent stated in §12.5(C) is met, a permit is not required if the removal is associated with:

(1) Construction or grading for a permitted building, structure or activity where no additional permits or approvals are necessary from the Zoning Official, the Commission, and/or the Planning Commission;

(2) Maintenance or operation associated with a farm or farming activity; and/or

(3) Road construction where no additional permits or approvals are necessary from the Zoning Official, the Commission, and/or the Planning Commission.

E. The sale, destination, or ultimate use of the removed topsoil, sand, gravel, clay, stone, or other materials does not determine whether a removal permit is or is not required for the listed exceptions.

F. Any removal of topsoil, sand, gravel, stone or other minerals occurring beyond the stated extent of an existing operation shall be considered a new operation requiring a permit and subject to conditions contained herein.

G. A permit may be granted by the Commission after a public hearing, held in accordance with §15.8, and under the conditions that follow.

(1) Application. A completed zoning application form indicating the nature and extent of the operation, and the proposed land use with supporting data.

(2) Bond. Before the permit is granted to any applicant starting any operation regulated under this Section, the applicant shall post a cash or surety company bond to the Town of Ledyard in an amount approved by the Commission to guarantee that the premises shall be excavated, graded and landscaped in conformance with the plan of operation approved.

(3) Deviation from the plan of operation without the Commission's approval shall be cause for the Commission to revoke the permit.

H. Approval: In reviewing and approving on such application, the Commission shall consider the effect of such removal on surrounding property, the future usefulness of the premises when the operation is complete, and its effect on the public interest.

(1) The use of explosive devices may be limited as a condition of this permit. The times of operation may be stipulated by the Commission.

(2) Periodic Certification of Continuing Conformance: Because (i) the nature and intensity of filling, excavating or relocation of topsoil, sand, gravel, clay, stone or other minerals is likely to change over time, (ii) the inherent difficulties of determining continued conformance with these regulations, and (iii) the need to determine if a soil, gravel, and stone removal operation has evolved such that it is endangering public safety, health, convenience or neighboring property values, the holder of a zoning permit for soil, gravel, and stone removal shall, every two (2) years, certify to the Zoning Official that the use (i) has not been abandoned, and (ii) the use is being conducted in conformance with these regulations.

(3) The Zoning Office may, but is under no obligation, to provide a reminder notice regarding the requirement for periodic Certification of Continuing Conformance.

(4) The certification shall include a report on the excavation operation prepared by a licensed Professional Engineer which shall attest that the excavation as completed to date conforms to the approved Plan of Operation.

(5) Failure to provide the Certification of Continuing Conformance within thirty (30) days of when due constitutes abandonment of the use.

(6) The Zoning Official may use a Soil, Gravel, and Sand Removal Certification of Continuing Conformance form for this purpose.

(7) A plan for sediment and erosion control shall be included in the permit application.

I. Operations:

(1) The gravel bank floor area shall be graded not less than one percent (1%) or more than four percent (4%) to provide for surface drainage.

(2) No removal shall take place within twenty-five (25) feet of a property line, nor within fifty (50) feet of a highway property line, such distances to be measured from the top of the bank, and if within sight of a Town/State road, may be required by the Commission to be screened. The Commission may require a similar screen if isolation of adjacent property is deemed necessary. No operation shall take place closer than a minimum of fifty (50) feet from a stream, pond, or lake.

(3) Upon completion of operations, no bank shall exceed a slope of one (1) foot vertical rise in three (3) feet of horizontal distance. The Disturbed Area shall be covered with a minimum of four (4) inches of top soil and graded. On completion of grading, the area will be limed, fertilized, and seeded in accordance with the approved site plan. The site shall be maintained until the area is stabilized;

(4) Temporary seeding, used to control erosion, is permitted during the time that the operation is being completed.

(5) The active gravel removal area shall not exceed a total of ten (10) acres at any one (1) time.

(6) All topsoil and subsoil shall be stripped from the operation area and stockpiled for use in site restoration.

(7) Any surface water flowing from the excavated area shall flow through appropriate sediment control devices before leaving the site.

(8) If excavation has occurred below the seasonal high water table, the pond banks should be no steeper than a two to one ratio (2:1).

(9) Stone Crushing. No stone crusher or other device, except screens, not required for the actual removal of material shall be used in any District except in the Industrial Districts.

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SECTION 13.0: NON-CONFORMING USES, STRUCTURES, AND PROPERTY

13.1 Non-Conforming Uses, Structures, and Property.

A. Any lawful non-conforming use, structure, or property existing on the effective date of these regulations or any amendments thereto may be continued, subject to the following requirements:

(1) Nothing in these regulations shall prevent maintenance, or the strengthening or restoring to a safe condition, of any portion of a building or structure declared unsafe by proper authority.

(2) No lawful non-conforming use or structure shall be enlarged or extended unless the use therein is changed to a conforming use and/or the structure is changed to a conforming structure.

(3) No structure devoted to a non-conforming use shall be structurally altered or improved to accommodate such use if the proposed cost of any or all such changes, plus the total costs of such changes during the preceding twelve (12) months, exceeds fifty (50%) percent of the latest assessed value of the structure at the time of application.

(4) When a legal non-conforming structure in which there is a legal non-conforming use is damaged by fire, collapse, explosion, act of God or act of a public enemy, it may be reconstructed, repaired or rebuilt up to only its previous floor area and cubical content provided such restoration or rebuilding is commenced within one year of such damage and the non-conforming use is continued. Failure to commence reconstruction or repair within one (1) year constitutes abandonment of the non-conforming use and nonconforming structure.

(5) The lot on which there is a non-conforming use or structure shall not be reduced in size.

(6) The non-conforming structure and/or the non-conforming use shall not be moved in whole or in part to another portion of the lot or to another lot where such structure would be non-conforming.

B. Use Change. A non-conforming use may be changed to a conforming use. The approval of the Commission is required to change a non-conforming use to another non-conforming use, provided the change shall reduce the degree of nonconformance. No non-conforming use shall, if changed to a conforming use, be restored into a non-conforming use.

C. Abandonment. No non-conforming use which has been abandoned shall thereafter be resumed.

D. Alterations. A structure containing a permitted use, but which does not conform to the requirements regarding height, width of lot, size of lot, and/or percentage of lot coverage and required yard and parking facilities for the district in which it is located, may be enlarged or altered provided that any additions are constructed within the applicable setback and yard requirements.

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SECTION 14.0: MISCELLANEOUS

14.1 Changes in Use in Village, Design, and Commercial Districts

A. Purpose. To ensure that a change of use of any existing building for commercial and/or residential development within the LCVD-1, LCVD-2, LCVD-3, MFVD, GFDD-1, GFDD-2, RCCD-1, RCCD-2, I, CM, NC, & CIP districts is consistent with these regulations. This requirement is not applicable for a minor change of use as determined by the Commission upon request of the Zoning Official or the Applicant. (See definitions for “Change of Use”, and “Change of Use, Minor”)

B. Requirements: Applications for a special permit to develop or change use within the LCVD-1, LCVD-2, LCVD-3, MFVD, GFDD-1, GFDD-2, RCCD-1, RCCD-2, I, CM, NC, & CIP districts shall include the following information:

(1) A written statement describing the proposed use or uses, including hours of operation.

(2) Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

(3) The applicant shall identify any hazardous materials and wastes to be associated with the proposed use of the property. The applicant shall demonstrate that the hazardous materials and wastes shall be contained or managed in such a manner that the substances will not pollute or degrade natural resources or the surrounding environment and that all applicable permits and approvals from Federal, state and local authorities have been obtained

(4) The applicant shall indicate how the proposed activity will be compatible with the purpose of the district.

(5) Site plan review as required by §6.0 of these Regulations.

(6) For Design Districts, changes to uses will require upgrading of signs, landscaping and access ways, common design elements and other standards and of the design district to the extent possible. See Attachment D – “ Design Guidelines”.

14.2 Prohibited Uses

A. No use shall be permitted which by reason of noise, safety, vibration, smoke, fumes or odors is offensive and/or detrimental to nearby property or uses thereof.

B. No foundation or cellar of any proposed building shall be used either temporarily or permanently for residential uses and no certificate of occupancy shall be issued for such use.

C No person shall occupy a travel trailer or motorized camper as a residence in the Town of Ledyard.

D The keeping of livestock and/or poultry in any residential district is permitted only in an R80 District, on a farm, or by Home Husbandry special permit (See Attachment A – “Schedule of Permitted Uses” – Home Husbandry).

14.3 Building on Non-Conforming Lots

A. A structure may be constructed on a legal non-conforming lot provided the structure satisfies the current use and bulk regulations (coverage, setbacks, parking, access, height, etc.), and other requirements for the District in which the lot is located.

B. No construction or use shall be permitted on any lot containing less than 15,000 square feet unless there is adequate public water and adequate public sewerage.

C. Abutting legal non-conforming lot(s), if under the same ownership, shall be considered as one merged lot for the purpose of these regulations.

D. All sanitary requirements of the State of Connecticut and of the Town of Ledyard shall be met.

14.4 Finish Grading

A. All construction work shall be graded to conform to surrounding occupied properties, commensurate with the building being constructed, and in keeping with accepted trades finish grading standards.

B. All rocks and debris deemed unnecessary by the Zoning Official shall be disposed of in a suitable manner.

C. All finished grading will be completed within six (6) months of occupancy. An additional three (3) month period may be granted by the Zoning Official upon presentation of sufficient justification.

14.5 Replacement of Lawful Nonconforming Mobile Homes

A. Mobile homes (built prior to 1976) and mobile manufactured homes (built during or after 1976) shall be permitted as a year-round or part time residence only on locations occupied by a mobile home on the date Zoning Regulations were adopted (October 11, 1963, as amended), except as otherwise provided by these regulations.

B. The replacement of a lawfully non-conforming mobile home or mobile manufactured home with a modern, safe, and sanitary HUD mobile manufactured home in excellent condition is permitted as follows:

(1) A “removal permit” to remove, and/or a “demolition permit” to destroy, the mobile home or mobile manufactured home that is being replaced must be issued by the Building Official.

(2) The mobile home or mobile manufactured home being replaced shall either be demolished or removed from Ledyard. (“Mobile homes” and “mobile manufactured homes” cannot be relocated on its existing site, and cannot be relocated to another site for residential, storage, farming, or any other use unless (a) it is replacing another lawfully non-conforming mobile or mobile manufactured home on the other site, or (b) is being installed on a vacant site in a licensed mobile home park that is not subject to RM-40 District regulations)

(3) A mobile home, or a mobile manufactured home, in a licensed mobile home park, may be replaced by a mobile manufactured home provided the total number of mobile homes and mobile manufactured homes in the mobile home park does not exceed the number of sites listed on the Park License issued by the Department of Consumer Protection, the water, electric service, and sewerage are adequate, the park’s license, rules, and regulations are properly posted and are current, and there are no zoning violations on the property.

(4) A lawfully non-conforming mobile home or mobile manufactured home on a private lot may be replaced with a mobile manufactured home provided the water, electric service, and sewerage are adequate, there are no other zoning violations on the property, and the mobile manufactured replacement home is safe, sanitary, and in excellent condition.

(5) The setbacks for the replacement mobile manufactured home shall, if possible, comply with the bulk requirements in Attachment B, but may for good cause be reduced to not less than the setback distances of the mobile home or mobile manufactured home being replaced.

(6) The replacement mobile manufactured home may be the same size, wider, narrower, shorter, or longer; and may have the same number, fewer, or more bedrooms and/or bathrooms than the mobile home being replaced, provided the water supply, sewage system, and electrical supply are adequate. (The “units of non-conformity” are the existence of and number of “mobile” homes on the lot, and if located within a required minimum setback distance, the location(s) of the mobile homes on the lot. The “units of non-conformity” do not include the size, proportions, age, number of bedrooms, number of residents, design, materials, condition, or colors of the mobile home.)

(7) The axles, wheels, tires, and hitch shall be permanently stored under the replacement mobile manufactured home to help assure its future mobility.

(8) The replacement mobile manufactured home shall be installed per either the HUD installation code, or the building code, as specified by the Building Official.

(9) The replacement mobile manufactured home shall be skirted with a vinyl or other appropriate permanent foundation covering material.

(10) Any replacement mobile manufactured home shall be at least 14’ wide and have a pitched roof and be vinyl sided (except if in a licensed mobile home park that is not in an RM40 district), with floors, walls, ceilings, roof, cabinets, counters, windows, screens, furnace, plumbing, electrical, and doors in excellent condition.

C. Replacement mobile manufactured homes in mobile home parks developed under a special permit in RM-40 districts shall comply with entry requirements listed § 8.42.

14.6 Handicap Ramps for Residential Purposes

A. An entrance/exit ramp may be constructed as an accessory use in a setback areas, at the discretion of the Zoning Official, provided the ramp:

(1) Does not exceed the minimum width required by the ADA (Americans With Disabilities Act);

(2) Is not covered or enclosed;

(3) Is the only reasonable alternative after all locations that are compliant with the setback regulations have been considered;

(4) Is designed and built as an easily removable structure; and

(5) Is removed when it is no longer necessary.

14.7 Interior Lots

A. Residential Districts.

(1) Interior Lots may be permitted in Residential Districts R-40, R-60, and R-80, subject to the requirements set forth in Attachment B – “Area and Bulk Requirements”, with the following conditions and/or exceptions:

(a) The frontage requirement shall be a minimum of twenty (20) feet wide and accessible to a town or state road by way of a Driveway strip owned as part of the lot.

(b) The Driveway strip shall be a minimum of twenty (20) feet throughout.

(d) The minimum Lot Area for an Interior Lot will be a minimum of one and one half (1.5) times the minimum Lot Area for the zone in which it is located. The area of the Driveway strip shall not be included as part of the minimum Lot Area requirement.

(e) The minimum Building Setback Line for Interior Lots shall be fifty (50) feet from the front lot line, excluding the Driveway strip.

(f) New Interior Lots in Conservation Subdivisions shall not be required to comply with §14.7.A.(1) - (a), (b) and (d) above.

(2) Interior Lots created as part of a subdivision or re-subdivision as approved by the Planning Commission shall meet the criteria set forth in the Subdivision Regulations of the Town of Ledyard.

(3) Interior Lots may be created as part of a division of a tract or parcel of land which is not a subdivision or re-subdivision within the meaning of §8-18 of the Connecticut General Statutes. The Director of Public Works shall review and approve access locations on Town Roads and the State Department of Transportation shall review and approve access locations on State highways.

B. Non-residential Districts.

(1) Interior Lots may be permitted in the Non-Residential Districts subject to the requirements set forth in Attachment B – “Area and Bulk Schedule”, with the following conditions and/or exceptions

(a) The frontage requirement along a Town or State road shall be a minimum of thirty (30) feet.

(b) The access strip shall be a minimum of thirty (30) feet throughout.

(d) The minimum building setback line for interior lots shall be twenty (20) feet from the front lot line.

(e) Common driveways shall be on or along boundary lines.

14.8 Junk and Hobby Motor Vehicles

A. Junk, as defined by these regulations, where not covered or screened, shall not be placed, stored, co-located, or maintained outside on any lot in any District.

B. A maximum of one (1) Hobby Motor Vehicle, as defined by these regulations, may be located in a Side Yard or Rear Yard provided it is screened from view from adjacent properties and access roads. Such Screening may be achieved by use of a fence or vegetation. There is no limitation on the number of Hobby Motor Vehicles that are stored or parked in a building, provided the building is maintained in a structurally sound and safe condition.

C. No more than one (1) vehicle that has an expired registration, but which can be re-registered in its current physical condition, may be parked or stored outside on any lot in any District.

D. It is the intent of these regulations that the term “Junk” not be applied to:

(1) Materials or items being temporarily stored in rodent-proof containers that are placed on the curb on a regular schedule for refuse pickup,

(2) Farm equipment ordinarily and regularly used with an active farming operation on the same premises,

(3) Sawmill inventory,

(4) Cordwood, provided the cordwood is not associated with any Home Occupation,

(5) “Hobby Motor Vehicles” that are in compliance with §14.8-B, and

(6) Construction materials and associated debris that are directly associated with a construction project on the same premises with a valid and active building permit provided that the construction materials and associated debris are removed from the premises within fifteen (15) days after construction project is materially completed.

E. The responsibility for compliance with this Section is, in order of precedence:

(1) The “owner” of the Junk and/or Hobby Motor Vehicles(s) (if known),

(2) The “resident” residing on the premises containing the Junk and/or Hobby Motor Vehicles(s) (if known), and

(3) The “legal owner” of the premises containing the Junk and/or Hobby Motor Vehicle(s).

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SECTION 15.0: ADMINISTRATION AND ENFORCEMENT

15.1 Interpretation

A. The provisions of these regulations shall be held to be minimum requirements adopted for the purpose stated in §1.2 hereof.

B. It is not intended by these regulation, to repeal, abrogate, annul or in any way impair, conflict or interfere with any existing provisions of law or ordinance or with any rules, regulations or permits previously adopted or issued, pursuant to law, relating to the present use of premises; nor is it intended by these regulations to interfere with or abrogate or nullify any easements, covenants, or other agreements between parties.

C. However, if these regulations impose a greater restriction upon the use of property or upon the height of buildings, or require larger yards or other open spaces than are imposed or required by existing provisions of law or ordinance or by such rules, regulation, or permits, or by such easements, covenants, or other agreements between parties, the provisions of these regulations shall control.

D. In the case of a lot lying in more than one (1) District, as established by these regulations, the provisions of the less restrictive District shall apply for a distance not exceeding fifteen (15) feet into the more restrictive District.

15.2 Enforcement

A. Pursuant to Connecticut General Statutes §8-3(e), these regulations shall be enforced by a Zoning Official appointed by the Mayor pursuant to Chapter IV §4 of the Ledyard Town Charter. The Zoning Official, as an Agent of the Commission, is given the power and authority to enter and inspect property at reasonable times as required in the performance of his duties, and may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair or conversion of any building or structure, or the unlawful use of land, to restrain, correct or abate such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.

B. In the event of multiple zoning violations and/or emergency situations, the Commission reserves the right, by majority vote during a regular or special meeting, to direct the Zoning Official regarding enforcement priorities.

C. Pursuant to Connecticut General Statutes §8-3(e), in the event the Zoning Official and the Commission differ in regards to zoning violation(s), the Commission reserves the right, by majority vote, to identify violation(s) and direct the Zoning Official to pursue enforcement.

D. The Zoning Official shall advise the Commission, during each regular meeting, of the status of current zoning violations, and shall identify violations that were corrected since the prior meeting.

E. The Zoning Official will obtain the approval, by vote of the Commission, for each Citation to be issued pursuant to §3 of Town Ordinance #118.

F. Pursuant to Connecticut General Statutes §8-3(e), in the absence of a Zoning Official, the Commission may delegate, by majority vote, with specific time periods, and by violation, regulation, or complaint, the authority to enforce these regulations to itself and/or to any of its members, who shall be the Zoning Official wherever referenced or specified in these regulations.

G. The duties of the Zoning Official include:

(1) Receiving and reviewing zoning applications;

(2) Collecting all fees and fines required herein;

(3) Keeping a record thereof, and turning the same over to the Town Treasurer; and

(4) Keeping in a file in Town Hall a full and accurate record of all zoning applications, permits and certificates herein required.

15.3 Permits

A. Zoning Application forms shall be approved by the Zoning Official.

B. Building applications shall be reviewed by the Zoning Official to insure that all requirements of these regulations are met.

C. Certificate of Use and Compliance:

(1) No land as of December 15, 1983 shall be built upon, and no building hereafter erected, altered or extended after December 15, 1983 shall be used, or changed in use, until a Certificate of Use and Compliance is issued by the Commission or its agent, stating that the building and proposed use complies with the provisions of these regulations.

(2) In the enforcement of these regulations, a zoning permit may be combined with a building permit and a Certificate of Use and Compliance with a Certificate of Occupancy.

(3) All Certificates of Use and Compliance shall be applied coincidental with the application for a Certificate of Occupancy.

(4) Reference §6.4 for requirements for a Certificate of Use and Compliance .

(5) A temporary Certificate of Use and Compliance may be issued by the above authorities for a period not to exceed ninety (90) days.

15.4 Stop Work Order

A. The Zoning Official may issue a stop work order if, in his judgment, the work being performed is not in full compliance with the provisions of these regulations.

B. The Zoning Official shall withdraw such order when it is shown that the work being performed will be brought into full compliance with the provisions of these regulations.

C. Any person who, having been served with a stop work order to discontinue any such violation, fails to comply with such order within ten (10) days after such service, or continues to violate any provision of these regulations in such order, shall be subject to a civil penalty. The procedure to address violations of these regulations is set out in Chapter 124 §8-12 of the Connecticut General Statutes as amended. The following range of fines may apply for violations of these regulations: ten dollars ($10) minimum to two hundred fifty dollars ($250) maximum per day for the duration of the violation. If the offense is willful, the person convicted shall be fined not less than one hundred dollars ($100) nor more than two hundred and fifty dollars ($250) per day for the duration of the violation, or imprisoned not more than ten (10) days for each day such violation continues or both. The Superior Court has jurisdiction of all such offenses, subject to appeal as in other cases.

D. Any person aggrieved by such a stop work order may appeal to the Zoning Board of Appeals as provided in §15.10 hereof.

15.5 Violation Procedure

A. Procedures to be followed in the event of violations of these regulations shall be in accordance with the provisions of Chapter 124, Connecticut State Statutes.

15.6 Bonding

A. The Commission may, as a condition of approval of any modified site plan:

(1) Require a bond in an amount not to exceed the cost to perform any modifications required by such modified site plan plus an additional amount of up to ten per cent of the amount of the bond and with surety and conditions satisfactory to it, securing that any modifications of such site plan are made; or

(2) Grant an extension of the time to complete work in connection with such modified site plan.

B. The bond shall:

(1) Specify the conditions guaranteed and the amount which shall apply to each specific condition.

(2) Require all conditions described on the approval site plan to be completed within a time period specified by the Commission from the date of approval.

(3) Be filed with the Treasurer of the Town of Ledyard.

C. To satisfy any bond or surety requirement, the commission shall accept surety bonds, cash bonds, passbook or statement savings accounts and other surety including, but not limited to, letters of credit, provided:

(1) Such bond or surety is in a form acceptable to the commission, and

(2) The financial institution or other entity issuing any letter of credit is acceptable to the commission.

D. Such bond or surety may, at the discretion of the person posting such bond or surety, be posted at any time before all modifications of the site plan are complete, except that the Commission may require a bond or surety for erosion control prior to the commencement of any such modifications.

E. No certificate of occupancy shall be issued before a required bond or surety is posted.

F. For any site plan that is approved for development in phases, the surety provisions of this section shall apply as if each phase was approved as a separate site plan.

G. The Commission shall not require a bond or other surety to securitize the maintenance of roads, streets or other improvements associated with such site plan for maintenance occurring after such improvements have been accepted by the Town.

H. If the person posting a bond or surety under this section requests a release of all or a portion of such bond or surety, the Commission shall, not later than sixty-five days after receiving such request:

(1) Release any such bond or surety or portion thereof, provided the Commission is reasonably satisfied that the modifications for which such bond or surety or portion thereof was posted have been completed; or

(2) Provide the person posting such bond or surety with a written explanation as to the additional modifications that must be completed before such bond or surety or portion thereof may be released.

I. If all conditions have not been installed or accepted, the remaining portion of the bond becomes forfeit and the monies due shall be transferred into the treasury of the Town of Ledyard.

15.7 Procedure for Changing Zoning Districts and Zoning Regulations

A. Changes to these regulations will occur in accordance with §8-3, as amended, Chapter 124, of the Connecticut General Statutes.

B. Zoning which affects land posted under the Ledyard Inland Wetlands and Watercourses Map should be referred to that Inland Wetlands and Watercourse Commission for its review and comment.

C. The Commission has sixty-five (65) days from receipt of an application for a zone change to hold a public hearing. An additional sixty-five (65) days may be granted by the applicant upon request, for due cause. After the public hearing, the Commission has sixty-five (65) days to render a decision, again with a provision for an additional sixty-five (65) days with approval of the applicant.

D. The Commission shall refer proposed Zoning Regulation changes, or District changes thereof, to the Planning Commission at least thirty-five (35) days prior to the date assigned for a public hearing to be held thereon.

15.8 Public Hearings

A. The Commission shall hold a public hearing on applications for:

(1) Special permits in accordance with §7.0 and Attachment A – “Schedule of Permitted Uses”.

(2) Soil, gravel and stone removal permit applications in accordance with §12.4 of these regulations.

(3) Zoning Regulations Amendments

(4) Zoning District Amendments

(5) Proposed location(s) for a Crematory

B. The Commission, at its discretion, may hold a public hearing on any other type of application.

C. The public hearing shall be scheduled no more than sixty-five (65) days after the statutory date of receipt of an application (which would normally be the next scheduled regular meeting), or thirty-five (35) days from the actual date of the application, whichever is less, and shall be acted on within sixty-five (65) days from the date of the close of the public hearing.

D. Referrals – At least 35 days prior to the Public Hearing:

(1) Upon receipt of a special permit and site plan application, the Zoning Office shall refer the application to the Planning Commission.

(2) All proposed municipal projects shall be referred to the Planning Commission in accordance with CGS §8-24.

(3) The Zoning Official shall refer all proposed zone changes and proposed regulation changes, if it involves land within 500 feet of Town boundaries, to the potentially impacted Town, and to the Southeast Council of Governments (SCOG), at least 30 days prior to the public hearing.

E. Documents, plans and exhibits submitted to the Commission intended to constitute any portion of, or all of, the requirements of an application scheduled for public hearing, shall not be revised or substituted after fifteen (15) calendar days prior to the initial public hearing date. The applicant can submit revised documents, plans and exhibits after the public hearing is opened in response to Commission and staff requests for information, provided the additional information is submitted five (5) calendar days prior to any continued public hearing date and is within scope of the original application.

F. Regulation changes and zone changes may be adopted or amended only by a majority vote of all five (5) Commission members (requires three (3) affirmative votes).

G. If a valid protest is filed during or prior to the public hearing pursuant to CGS §8-3a & §8-3b, or if the Planning Commission has disapproved the proposal by the date of the public hearing, the proposed zone change or regulation adoption or amendment can only be adopted by a two-thirds vote of all five (5) Commission members (requires four (4) affirmative votes).

H. Tie votes constitutes a denial of any application before the Commission.

I. The Commission is required to make its decision within 65 days after closing of the public hearing (unless the Commission is the applicant).

15.9 Regular & Special Zoning Meetings

(A) The Commission, at its discretion, may conduct a Public Hearing on any agenda item

(B) Subject areas for regular zoning meetings and special zoning meetings include:

(1) Site plan reviews in accordance with §6.0 and Attachment A (Use Table) of these regulations (as an agenda item).

(2) Coastal Area Management site plan reviews in accordance with §12.1 of these regulations (as an agenda item).

(3) Free standing and kiosk sign applications (as an agenda item).

(4) Approval for Zoning Official to issue Zoning Citations per Ordinance #118.

(5) Propose amendments to zoning fees for approval by the Town Council.

(6) Conduct pre-application workshops as requested by applicants pursuant to CGS §7-159b.

(7) Certain gravel removal operations.

(8) Affordable housing applications per CGS 8-30g.

(9) Joint meetings and/or workshops with other agencies.

(10) Executive sessions when required

(11) Annual meeting for election of Commission officers per Zoning Bylaws

(12) Preparation of guidance to Zoning Official

(13) Budget review and preparation for Town Council

(14) Special permits (after public hearing)

(15) Zone changes (after public hearing)

(16) Regulation changes (after public hearing)

(14) Others as required

15.10 Zoning Board of Appeals

A Appeals for variances to these Zoning Regulations shall be made to the Zoning Board of Appeals in accordance with the provisions of Chapter 124, Connecticut State Statutes. However, the Zoning Board of Appeals will not accept an application for a variance to the “Use” table, or to the Zoning Map.

15.11 Agenda Scheduling

A. All applications shall be filed with the Zoning Official no later than five (5) working days before a regular scheduled Commission meeting in order to be considered during that meeting.

15.12 Aquifer Protection Agency

A. Designation of Membership:

(1) In accordance with the provisions of Connecticut General Statutes 22a-354a et seq., and the Town of Ledyard Ordinance 95, the Commission is designated as the Aquifer Protection Agency (the “Agency”) of the Town of Ledyard. The staff of the Commission shall serve as the staff of the Agency.

(2) Members of the Commission shall serve coexisting terms on the Agency. The membership requirements of the Agency shall be the same as those of the Commission including, but not limited to the number of members, terms, method of selection and removal of members, and filling of vacancies.

(3) At least one (1) member of the Agency or staff shall complete the course in technical training formulated by the Commissioner of Environmental Protection of the State of Connecticut, pursuant to Connecticut General Statutes 22a-354V.

B. Adoption of Regulations:

(1) The Agency shall adopt regulations in accordance with Connecticut General Statutes §22a-354p and Regulations of Connecticut State Agency (RCSA) §22a-354i-3, which shall provide for:

(a) The manner in which boundaries of aquifer protection areas shall be established and amended or changed.

(b) Procedures for the regulation of activity within the area.

(d) Notice and publication requirements.

(e) Criteria and procedures for the review of applications.

(f) Administration and enforcement.

C. Inventory of land use:

(1) In order to carry out the purposes of the Aquifer Protection Program, the Agency will conduct an inventory of land use to assess potential contamination sources.

(2) Within and not to exceed three (3) months following the Commissioner’s approval of Level A mapping of aquifers, the Agency shall inventory land use within and overlying the mapped zone of contribution and recharge areas of such mapped aquifers in accordance with guidelines established by the Commissioner pursuant to Connecticut General Statutes 22a-354r. Such inventory shall be completed not more than one (1) year after the authorization of the Agency pursuant to Connecticut General Statutes §22a-354e.

15.13 Fees

A. Pursuant of CGS §8-3(f) and Town Ordinance #84, the Commission shall establish a schedule of Zoning Fees for zoning review of residential and commercial building permits, site-plan reviews, special permits, change of use (permits), certificates of use and compliance, and all other zoning applications to reasonably defray the municipal costs of administering the State of Connecticut General Statutes and the Ledyard Zoning Regulations and publishing the public hearings and decisions of the Commission. The fee schedule may be amended from time to time. Both the Commission and the Town Council shall approve the Schedule of Zoning Fees.

B. The Zoning Official, with the approval of the Commission, may grant waivers for zoning commercial/industrial site plan review fees to so encourage economic development.

C. No permit shall be issued by the Zoning Official and no final action shall be taken by a Commission until full payment of all applicable fees has been received by the Zoning Official or his representative.

D. No fee shall be charged for zoning applications for projects by or for the Town of Ledyard or for permits for repair or replacement of owner-occupied single-fami8y residential buildings that have been destroyed or damaged by fire, storm, or other casualty.

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SECTION 16.0: VALIDITY AND RELATED TOWN REGULATORY MATERIAL

16.1 Validity

A. If any section, paragraph, sub-paragraph, clause or provision of these regulations shall be adjudged invalid or unconstitutional, such adjudication shall apply only to the section, paragraph, sub-paragraph, clause or provision so adjudged, and the remainder of these regulations shall be deemed to be and shall continue to be valid and in full force and effect.

16.2 Related Town Regulatory Material

A. The following items related either directly or indirectly to land use matters are listed for information. Any new amendments to these items or new items issued will be included in subsequent amendments to this regulation.

B. Ordinances:

(1) Ordinance establishing a separate Commission and panel of alternates: Number 21

(2) Ordinance Regulating Building of Approaches to Any Street or Highway of the Town of Ledyard: Number 31.

(3) An Ordinance Concerning Building on Unaccepted Streets: Number 7.

(4) An Ordinance Regulating the Addition of Any New Street or Highway to the Highway System in Ledyard: Number 45.

(5) An Ordinance Regulating the Management of Storm Water Runoff: Number 44.

(6) An Ordinance Establishing Zoning Permit Fees: Number 84

(7) An Ordinance Establishing Citations for Zoning Violations: Number 118

C. Regulations:

(1) Regulations for the Protection and Preservation of Inland Wetlands and Watercourses, dated March 14, 1974, or amendments thereto.

(2) Regulations Governing the Subdivision of Land, dated March 12, 1975, or amendments thereto.

D. Others:

(1) Plan of Development, adopted June 17, 1993.

(2) Plan of Conservation and Development, as amended.

SECTION 17.0: AMENDMENTS

History of Zoning Code Amendments:

The provisions of these regulations and the boundaries of any Zoning District established hereunder may from time to time be amended, modified, changed or repealed by the Commission in accordance with the provisions of Chapter 124, Connecticut General Statutes, Revision of 1958, as amended. Any petition requesting a change in these regulations shall be in writing and in a form prescribed by the Commission. Such petitions shall be accompanied by a filing fee to be deposited with the Commission to defray the cost of publication of the notice for a hearing on such change.

These regulations became effective on October 11, 1963, as amended on May 5, 1968; October 6, 1970; August 3, 1971; October 1 , 1975; April 30, 1977; June 8, 1978; January 4, 1979; June 1, 1979; July 15, 1979; December 1, 1979; January 7, 1980; February 1, 1980; March 1, 1980; July 15, 1980; August 15, 1980; January 1, 1982; April 1, 1982; October 1, 1983; December 15, 1983; February 1, 1984; July 1, 1984; July 15, 1984; October 10, 1984; June 1, 1985; July 15, 1985; August 1, 1985; November 1, 1985; April 16, 1986; October 16, 1986; August 25, 1987; March 30, 1988; March 30, 1988; June 30, 1988; July 15, 1988.

Amended as of July 1, 1989:

(1) The amendment of these regulations was for the purpose of reformatting without substantive change of content.

Amended as of July 18, 1990:

(1) Section 3.0 Residential Districts: 3.1.5 Allowance of accessory apartments; 3.4.3 Allowance of farm animals as of right in R-80 Districts; 3.6.1.4 Clarification of cluster lot sizes and increase minimum Lot Area required for an R-40 District; 3.7.3 Allowance of interior lots as part of a non-subdivision; 3.8.5 Review of residential institutional uses by Commission; 3.9 Deletion of family apartments; 3.10.3 Increase in height allowance on accessory structures; 3.10.4. Allowance of accessory structures closer to street than principal structure.

(2) Section 17.0 Definitions: Deletion of family apartment; Changes in child day care centers and Barns; New definitions: accessory apartment, accessory building, and family day care home.

Amended as of December 18, 1990:

(1) Section 3.12 Home Occupation Permits: All sections changed.

(2) Section 17.0 Definitions: Home Occupation.

Amended as of February 21, 1992:

(1) Section 4.0 Ledyard Center Design District: 4.3.8 Allowance of Alcoholic Liquor; 4.4 Clarification of Prohibited Uses; 4.6.4 Clarification of Site Plan Requirements; 4.6.5. Allowance of Waiver of A-2 Survey Requirement.

(2) Section 5.0 Resort Commercial Cluster District: All sections new.

(3) Section 6.0 Industrial District: Deletion of Zones I-1, I-2, and I-3; clarification of all Sections.

(4) Section 7.0 Commercial Districts: Deletion of Commercial Marine.

(5) Section 8.0 Special Use Districts: All sections new.

Amended as of September 3, 1992:

(1) Section 13.12 Bed and Breakfast Operations: Entire section changed.

Amended as of June 8, 1993:

(1) Section 3.0 Residential Districts: 3.5.3 Clarify travel trailer use; 3.11.6 Allowance for replacement of mobile homes within a State approved mobile home park.

(2) Section 9.0 Bulk Requirements: Correction of R-80 requirements.

(3) Section 13.0 Special Exceptions: 13.1.9 One year waiting period for hearing substantially same application.

(4) Section 17.0 Definitions: Changes in Bed and Breakfast.

Amended as of August 25, 1994:

(1) Section 5.3.1.2 Principal Uses: To allow all Restaurants, including fast food restaurants, to be developed as stand-alone establishments within the RCCD.

Amended as of September 22, 1994:

(1) Section 13.6 Central Oil Distribution Systems: Entire section deleted.

Amended as of September 14, 1995:

(1) Section 3.0 Residential Districts:

(a) 3.1.3 Clarification of letting of rooms or furnishing of board.

(b) 3.11.5 Deletion of sub-section which eliminates the requirement of a ZBA variance for replacement mobile homes.

(2) Section 17.0 Definitions:

(a) New definitions: Boarder, Guest at a Bed and Breakfast, Roomer.

(b) Clarification: Bed and Breakfast.

Amended as of April 25, 1996:

(1) Section 13.12 Country Inn: All sections new.

(2) Section 17.0 Definitions: Country Inn.

(3) Section 15.5 Miscellaneous: Temporary Mobile Units For Construction in Non-Residential Zones. All sections new.

Amended as of August 8, 1996:

(1) Section 4.5.1.2 (minimum 100 ft. lot frontage): Deleted.

(2) Section 13.1.5 (minimum frontage): Deleted.

(3) Section 10.5.17.1: New section.

Amended as of October 31, 1996:

(1) Section 3.12 Home Occupations: Entire section changed.

Amended as of May 3, 1997:

(1) Section 4.3.3 Ledyard Center Design District (LCDD) Permitted Uses: Addition of Country Inns.

(2) Section 3.10.6 Residential Districts Accessory Buildings: Addition of membrane-covered frame structures (hoop houses).

(3) Section 17.0 Definitions: Membrane-covered Frame Structures.

(4) Section 15.6 Miscellaneous: Addition of handicap ramps in residential districts.

Amended as of January 29, 1998:

(1) Section 12.3 Flood Protection: Updates to comply with State and Federal mandates consistent with minimum standards of The National Flood Insurance Program as administered by the Federal Emergency Management Agency.

(2) Section 13.5 Mobile Manufactured Home Land Lease Communities For Older Persons Formerly Known As (Mobile Home Retirement Villages [RM-40 Zones]):

(a) Entire section changed.

(b) Numerical typographical error corrected

(d) Sequence 13.3.6 change to 13.3.7 and 13.3.7 change to 13.3.8.}

Amended as of July 4, 1998:

(1) Section 14.0 Wireless Telecommunication Facilities, Antennas, and Towers: Entire New Section.

(2) NOTE: All section previously numbered 14 - 20, hereby numbered 15 - 21, respectively.

(3) NOTE: June 15, 1999 ~ typographical error corrected in Section 13.3.5.1 {Section 11.4 changed to Section 12.4} and typographical error corrected in Section 13.5.2.5 {convents changed to covenants}.

(4) NOTE: Visual aids showing building setback envelope for attached and detached structures in Section 9, updated February 9, 2000.

Amended as of April 15, 2000:

(1) Section 16.2 Junk and Hobby Vehicles: Amended to include Junk and Hobby Vehicles.

(2) Section 18 Definitions: Junk and Hobby Vehicles.

Amended as of May 10, 2000:

(1) Section 6.6.1 Industrial District: Amended.

(2) Section 6.6.1.1 Industrial District: New subsection.

Amended as of September 19, 2001:

(1) Section 9.1 Table of Height, Area, Width, Coverage, and Yard Setbacks: Increase the maximum building height from 30 feet to 35 feet.

Amended as of September 19, 2001:

(1) Section 4.5.1.7 Ledyard Center Design District: Amended to authorize the Commission to waive the 100-ft. setback from the centerline of a state highway.

Amended as of February 2, 2002:

(1) Section 4.8 through 4.17 Gales Ferry Design District (G.F.D.D.): All new section (former C-2 and C-3 zones and the former Gales Ferry School site which was zoned R-20).

(2) Section 9.1 Table of Height, Area, Width, Coverage, and Yard Setbacks: Amended to include G.F.D.D. requirements.

Amended as of April 6, 2002:

(1) Section 3.1.7 and 3.2.1: Amended to allow an accessory parking lot on a contiguous lot via a special permit.

(2) Section 11.2.14: New section to specify the number of parking spaces for a Museum.

(3) Section 11.3.5: New section to describe buffer requirements for a parking lot in a residential zone.

(4) Section 11.3.6: New section to describe lighting requirements for a parking lot in a residential zone.

(5) Section 11.3.7: New section to limit noise from parking lots approved via a special permit.

Amended as of September 21, 2003:

(1) Section 4.11.1.3 Gales Ferry Design District: Amended to describe types of laundries and Laundromats allowed.

(2) Section 4.11.1.6: Amended to allow outdoor recreation with exclusions.

(3) Section 4.11.1.12: New subsection .2 to allow a restaurant, pub or tavern to sell alcoholic liquor as an Accessory Use.

(4) Section 4.11.1.14: New subsection .1 to allow Hotels and Motels throughout the zone.

(5) Section 4.11.1: New subsection .22 to allow stores that sell power equipment, recreational vehicles and accessories throughout the district with outside display restricted to business hours.

(6) Section 4.11.5: Adjust subsection numbers to accommodate Hotels and motels as an allowed use throughout the zone, and to add text to new subsection .3 that prohibits the discharge of volatile organic compounds.

(7) Section 4.11.5.3: Add new subsection .1 to define recreational vehicles. Add new subsection .2 to describe the restriction on the size of trailers. Add new subsection .3 to describe the location and screening of repair facilities, pick up, drop off and storage areas. Add new subsection .4 to further clarify where other motor vehicles may be sold.

(8) Section 4.12: Add definitions of Prohibited Uses, which were moved to the “Definition” section.

Amended as of November 2, 2003

(1) Section 6.4.3: Add new subsection .6 to allow the consideration of the construction of a water tank/tower in Industrial Zones without full screening from view, through a special permit process.

Amended as of April 3, 2004

(1) Section 18: Add new definition of Age Restricted Housing.

(2) Section 13.3.2.1: Amended to allow three (3) bedroom apartment/condominiums for age restricted housing only.

Amended as of October 16, 2005

(1) Section 4.0 through 4.13 Ledyard Center Village District (LCVD): All new section (former Ledyard Center Design District [L.C.D.D.] and LCDD zone) now four (4) new zones: LCVD-1, LCVD-2, LCVD-3, MFVD.

(2) NOTE: All sections previously numbered 4.8 through 4.17, hereby numbered 4.14 through 4.23 respectively.

Amended as of December 30, 2005

(1) Section 8.3.10 Amended to allow fast food restaurants if entry and exit are on Route 12. Add new Section 8.3.13 to CIP Zone to include convenience stores, Gas Stations with fast-food facilities and drive-thus.

Amended as of February 17, 2006

(1) Section 13.5: Amended to render the regulation compatible with requirements for Federal National Mortgage Association financing of Dwelling Units in Mobile Manufactured Home Land Lease Communities for Older Persons and make certain additional technical amendments. Amended as of April 15, 2006

(2) Section 3.6: Deleted “Cluster Residential Developments” add new “Conservation Subdivision Developments.”

Amended as of August 5, 2006

(1) Section 3.7.1: Add new Section 3.7.1.6 to allow interior lots in a Conservation Subdivision not to comply with Sections 3.7.1.1 and 3.7.1.2.

Amended as of October 8, 2006

(1) Section 5.3 Add principle uses to the Resort Commercial District, and a change to Section 5.5.1.4 building height. Also new definition “Resort Facility.”

Amended as of February 3, 2007

(1) Corrections of Internal References, and a change to Section 13.5 to remove regulations that are governed by the State of Connecticut Building Code. Also new definition “Mobile Manufactured Home.”

Amended as of October 20, 2008

(1) Section 10.2.5 change to banner regulation and new regulation to add signage on municipal water towers.

Amended as of July 6, 2009

(1) New Section 8.7 Permitting interior lots in CIP Zones

Amended as of January 28, 2010

(1) Section 17.2 amend entire section

Amended as of September 1, 2010

(1) Section 13.3 Apartments/Condominiums

Amended as of October 15, 2010

(1) Section 3.1.1 to allow one additional residential unit for farm employees on properties of 50 acres or more.

Amended as of June 1, 2011

(1) Section 12.3 Flood Protection regulations to incorporate changes required by FEMA and DEEP (includes updated flood maps).

Amended as of MONTH DAY YEAR

(1) Sections 1.0 through Section 17.0 (Complete replacement of Ledyard Zoning Regulations)

(2) Attachment A – “Schedule of Permitted Uses” (New)

(3) Attachment B – “Area and Bulk Schedule” (New)

(4) Attachment C – “Parking Table” (New)

(5) Attachment D – “Design Guidelines” (New)

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R-20	High Density Residential District	20,000 sq. ft. min.
R-40	Medium Density Residential District	40,000 sq. ft. min.
RM-40	Mobile Home Retirement Village	10 acres minimum
R-60	Low Density Residential District	60,000 sq. ft. min.
R-80	Rural Residential District	80,000 sq. ft. min.
LCVD-1	Ledyard Center Village District - 1	(See §4.6 & Design Guidelines)
LCVD-2	Ledyard Center Village District – 2	(See §4.7 & Design Guidelines)
LCVD-3	Ledyard Center Village District – 3	20,000 sq. ft. min. (See Design Guidelines)
MFVD	Multi Family Village District	20,000 sq. ft. min. (See Design Guidelines)
GFDD-1	Gales Ferry Design District	25,000 sq. ft. min. (See Design Guidelines)
GFDD-2	Gales Ferry Design District	25,000 sq. ft. min.
RCCD-1	Resort Commercial Cluster District	200,000 sq. ft. min.
RCCD-2	Resort Commercial Cluster District	200,000 sq. ft. min.
I	Industrial District	200,000 sq. ft. min.
CM	Commercial Marine	40,000 sq. ft. min.
NC	Neighborhood Commercial	40,000 sq. ft. min.
CIP	Commercial Industrial Park	40,000 sq. ft. min.