10.4 SIGN SIZE:
TYPE: .2 DIRECTIONAL
1, 2
DISTRICT: ALL
USE:
ALL
PERMITTED NUMBER: THREE (3)
SIZE DETERMINATION: N/A
MAXIMUM
SIZE:
2 SQ. FT.
SETBACK FROM PROPERTY
LINE: N/A
MAXIMUM HEIGHT ABOVE GROUND: 8 FT.
ABOVE ROOF: N/A
MAXIMUM WIDTH: N/A
MAXIMUM EXTENSION FROM WALL: N/A
FROM ROOF: N/A
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1 – Any
enterprise or activity in Ledyard may erect not more than three directional
signs, provided the nature and location of such create no nuisance or
hazard. Applicant must have permission
of property owners where signs are to be located.
1 – No sign
will be permitted whose location would create a site clearance problem or other
traffic hazard.
10-5
10.4 SIGN SIZE:
TYPE: .3 FREESTANDING
1, 2,
3
DISTRICT: RESIDENTIAL COMMERCIAL INDUSTRIAL
USE:
DWELLING ALL ALL ALL
OTHER
PERMITTED
PERMITTED NUMBER: ONE PER ONE PER ONE PER ONE PER
PROPERTY PROPERTY PROPERTY PROPERTY
SIZE DETERMINATION: N/A N/A
MAXIMUM SIZE: 4 S.F. 16 S.F. COMPLEX INDIV. COMPLEX INDIV.
*
18 S.F. * 18 S.F.
SETBACK FROM
PROPERTY LINE:
FRONT: N/A 15 FT. 10
FT. 10 FT. 15
FT. 15 FT.
SIDE: N/A 10 FT. 8 FT. 8 FT. 10 FT. 10 FT.
MAXIMUM HEIGHT
ABOVE GROUND: N/A 8 FT. 18 FT. 18 FT. 18 FT. 12 FT.
ABOVE
ROOF: N/A N/A N/A N/A N/A N/A
MAXIMUM WIDTH: N/A N/A 6 FT. N/A 6 FT. N/A
MAXIMUM EXTENSION
FROM WALL: N/A
N/A N/A N/A N/A N/A
FROM ROOF: N/A
N/A N/A N/A N/A N/A
1 - Located on property of permitted use.
2 - No sign
will be permitted whose location would create a site clearance problem or other
traffic hazard.
10-6
3 - Overall design to be approved by commission. The design
is to be compatible with surrounding area.
*Freestanding signs shall be permitted in any commercial or industrial
complex consisting of
two (2)
or more businesses. Such signs shall be
no wider than six (6) feet nor erected higher than sixteen (16) feet inclusive
of structure. Each freestanding sign may
contain an individual sign not more than twenty-four (24) inches high
identifying the complex and one (1) sign not more than twelve (12) inches high
for each use in said complex.
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10-7
10.4 SIGN SIZE:
TYPE: .4 TEMPORARY TEMPORARY
IDENTIFICATION 1, 2,
4 SPECIAL 1, 3, 4
DISTRICT: ALL COMMERCIAL
USE:
ALL ALL
PERMITTED NUMBER: ONE
PER PROPERTY ONE PER
PROPERTY
SIZE DETERMINATION:
N/A N/A
MAXIMUM SIZE:
40 S.F. 40 S.F.
SETBACK FROM
PROPERTY LINE:
FRONT: 15
FEET
12 FT.
SIDE: 10
FEET 8 FT.
MAXIMUM HEIGHT
ABOVE
GROUND: 12 FEET N/A
ABOVE
ROOF: N/A
N/A
MAXIMUM WIDTH: N/A N/A
MAXIMUM EXTENSION
FROM WALL: N/A
N/A
FROM ROOF: N/A
N/A
TIME
LIMITS: SIX (6) MONTH
PERMIT 15 CONSECUTIVE
DAYS: NO
FROM ZONING OFFICE. MORE THAN 6 EVENTS IN A
ADD SIX (6)
MONTHS, CALENDAR YR.
FROM ZONING
PERMIT
FROM COMMISSION. OFFICE. ADD THREE (3)
EVENTS PER CALENDAR YEAR,
PERMIT FROM COMMISSION.
1 - Located on property of permitted use.
2 - Intended for pre-development opening/or closing (60)
days in advance advertisement of activity.
3 - Intended for special event or sale.
4 - No sign will be permitted whose location would create a
site clearance problem or other
traffic hazard.
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10-8
10.5
EXEMPT
SIGNS
10.5.1 Construction Signs
One (1) construction sign per
construction project not exceeding thirty-two (32) square feet in area in
residential districts or forty (40) square feet in commercial or industrial
districts, provided that such signs shall be erected no more than five (5) days
prior to the beginning of construction for which a valid building permit has been
issued, shall be confined to the site of construction, and shall be removed
five (5) days after completion of construction and prior to occupancy.
10.5.2 Instructions Signs
Signs which provide direction
or instructions and are located entirely on the property to which they pertain
and do not in any way advertise a business and do not exceed four (4) square
feet in area, signs identifying rest rooms, public telephones, walkways, or
signs providing direction such as parking lot entrance and exit signs and those
of similar nature.
10.5.3 Flags
The flags,
emblems, or insignia of any nation or political subdivision or corporate flag.
10.5.4
Government Signs
Governmental signs for control
of traffic and other regulatory purposes, street signs, danger signs, railroad
crossing signs, and signs of public service companies indicating danger and
aids to service or safety which are erected by or on the order of, a public
officer in the performance of his public duty.
10.5.5
Holiday Decorations
Signs of a primarily decorative
nature, clearly incidental and customary and commonly associated with any
national, local or religious holiday; provided that such signs shall be
displayed for a period of not more than sixty (60) days in any one year. Such decorations may be of any type, number,
area, height, illumination or animation; and shall be set back ten (10) feet
from all boundary lines of the lot, provided that a clear area be maintained to
a height of seventy-two (72) inches, within fifty-five (55) feet of the
intersection of two streets, a railroad and a street and a street and
driveway.
10.5.6
House Numbers and Name
Plates
House numbers
and name plates not exceeding two (2) square feet in area for each residential
building.
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10-9
10.5.7
Interior signs
Signs located within the interior
of any building or stadium, or within an enclosed lobby or court of any
building, and signs for and located within the inner or outer lobby, court or
entrance of theater, that are not visible from the public right-of-way. This does not, however,
exempt
such signs from the structural, electrical, or material specifications as set
in Connecticut Basic Building Code.
10.5.8 Memorial Signs
Memorial signs or tablets, names of buildings
and date of erection when cut into any masonry surface or inlaid so as to be
part of the building or when constructed of bronze or other incombustible
material.
10.5.9 Changeable Notice Signs
Notice Sign not over twenty-four (24)
square feet in area for medical, public, institution where the same are located
on the premises of said institution.
10.5.10 No Dumping Signs
No dumping signs not to exceed
one and one-half (1 ½) square feet in area per sign and not exceeding four in
number per lot, except that special permission may be obtained from the
Commission for additional signs under proven special circumstances.
10.5.11 Occupant Signs
One sign for
each dwelling unit not to exceed two (2) square feet in area indicating the
name of the occupant, location or identification of a home.
10.5.12 Small Signs
Signs not exceeding two and
one-half (2 ½) square feet in area, attached flat against the building,
stationary and not illuminated, announcing only the name and occupation of
building tenant.
10.5.13 Plaques
Plaques or name plate signs not
more than two and one-half (2 ½) square feet in area which are fastened directly
to the building. Not intended for
advertisement.
10.5.14
Political and Campaign signs
Political or campaign signs on
behalf of candidates for public office or questions on election ballots
provided that said signs are subject to the following regulations:
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.1 Said signs may be erected
not earlier than twenty (20) days prior to said election and shall be removed
within ten (10) days following said election;
.2 Said sign shall not exceed
sixteen (16) feet in aggregate area and, if detached, shall not exceed six (6)
feet in height. Said sign shall not be
erected in such a manner as to constitute a roof sign;
.3 No sign shall
be located so as to create a sight clearance problem or create a traffic
hazard.
10.5.15 Public Notices
Official notices posted by public officers or employees in the
performance of their duties.
10.5.16 Public Signs
Signs
required or specifically authorized for a public purpose by any law, statute or
ordinance.
10.5.17 Real Estate Signs
One real estate sign on any lot
or parcel provided such sign is located entirely within the property to which
it applies, is not illuminated, does not exceed six (6) square feet in area, and is
removed within seven (7) days after the sale, rental, or lease has been
accomplished.
.1 In commercial
zones, signs shall not exceed sixteen (16) square feet.
10.5.18 Permanent Window Signs
In Commercial and Industrial
Zones, permanent signs may be painted on or otherwise from the inside surface
of any window, showcase or other similar facility. Said signs shall be in addition to those
signs permitted under the other provisions of these regulations. The total copy area of such signs, however,
shall not exceed a maximum of twenty-five (25%) percent of the total window
area, or one (1) square feet per lineal front foot on the premises occupied,
whichever is the lesser.
10.5.19 Signs in the Display
Window
Signs in the display window of
a business use which are incorporated with a display of merchandise or a
display relating to services offered which comply with sub-paragraph 10.5.18
herein.
10.5.20 Symbols or Insignia
Religious symbols, commemorative plaques of
recognized historical agencies, or
identification emblems of
religious orders or historical agencies, provided that no such symbol, plaque,
or identification emblem shall exceed four (4) square feet in area, and
provided further that all such symbols, plaques and identification emblems
shall be placed flat against a building.
Religious symbols that are considered to be part of the normal
architectural structure of a religious order are allowed.
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10-11
10.5.21 Non-Profit Event Signs
Temporary signs not exceeding
sixteen (16) square feet in area pertaining to drives or events of civic,
philanthropic, educational or religious organizations, provided that said signs
are posted only during said drive or no more than twenty (20) days before said
event and are removed no more than ten (10) days after an event.
10.5.22 Warning Signs
Signs warning the public of the
existence of danger, but containing no advertising material, of a size as may
be necessary, to be removed upon subsidence of danger.
10.5.23 Neighborhood Identification Signs
In any zone, a sign, masonry
wall, landscaping and other similar materials or features may be combined to form
a display for neighborhood or tract identification, provided that the legend of
such sign or display shall consist only of the neighborhood or tract name. The sign shall not exceed sixteen (16) square
feet.
10.5.24 "No Trespassing", "No
Hunting", or "No Fishing" Signs Signs shall be posted in accordance with State Statutes.
10.5.25 Religious Identification Signs
Is permitted
provided that such identification does not exceed twenty-four (24) square feet
in area, not wider than six (6) feet, and not higher than six (6) feet. Such identification shall not be higher than
twelve (12) feet from the ground including structure. Any identification shall be set back not less
than fifteen (15) feet from the outside edge of the pavement of any street or
highway and not less than ten (10) feet from any side lot line. The identification must be on the property
with the permitted use.
10.6 PROHIBITED
SIGNS
The following signs are
expressly prohibited in all districts, except as otherwise provided by these
regulations.
10.6.1 Animated and Intensely
Lighted Signs
No sign shall be permitted
which is animated by means of flashing, scintillating, blinking or traveling
light or any other means not providing constant illumination
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10-12
(unless
specifically permitted in special districts).
Public Service Information signs are permitted.
10.6.2 Miscellaneous Signs and
Posters
The tacking, pasting or otherwise
affixing of signs of a miscellaneous character, visible from a public way
located on the walls of buildings, barns, sheds; on trees, poles, posts, fences
or other structure is prohibited unless otherwise permitted by these
regulations.
10.6.3 Moving Signs
Except as other wise provided
in these regulations, no sign or any portion thereof shall be permitted which
moves or assumes any motion constituting a non-stationary of fixed condition
except for the rotation of barber poles, permissible changing signs or
permissible multi-prism units. Indexing
multi-prism units must not exceed a speed of two (2) complete revolutions every
twenty (20) seconds. This section is not
meant to prohibit any form of vehicular signage such as a sign attached to a
bus or lettered on a motor vehicle.
10.6.4 Abandoned Signs
Such business signs that
advertise an activity, business, product or service not longer conducted or
available on the premises on which the sign is located, shall be prohibited.
10.6.5 Parking of Advertising
Vehicles Prohibited
No person shall park any
vehicle or trailer on a public right-of-way, which has attached thereto or
located thereon, any sign or advertising device for the basic purpose of
providing advertisement of products or directing people to a business or
activity located on the same or nearby property or any other premises. This section is not intended to prohibit any
form of vehicular signage such as a sign attached to a bus or lettered on a
motor vehicle.
10.6.6 Public Areas
No sign shall be permitted
which is placed on any curb, sidewalk, post, pole, electrolier,
hydrant, bridge, tree or other surface located on public property or over or
across any street or public thoroughfare except as may otherwise expressly be
authorized by these regulations.
10.6.7 Swinging Signs
Swinging signs in excess of two (2) square feet are prohibited.
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10.6.8 Portable Signs
Portable or wheeled signs are
prohibited except as stipulated by Section 10.5. This shall not be interpreted to prohibit
advertising on registered buses.
Portable signs of any type judged by the Zoning Commission to be used to
circumvent these regulations are prohibited.
10.6.9
Unclassified Signs
The following signs are also
prohibited, which:
.1 Bear or contain statements,
words or pictures of an obscene, pornographic, immoral nature, or which contain
advertising matter which is untruthful;
.2 Are painted on or
attached to any fence or any wall which is not structurally a part of building,
except to identify a residence or residence structure by means of posting the
name of the occupant or structure and the street address;
.3 Operate or employ any stereopticon or motion
picture projection or media in conjunction with any advertisements, or
projection or media in conjunction with any advertisements, or have visible
moving parts or any portion of which moves, or gives the illusion of motion
except as permitted is these regulations;
.4 Emit
audible sound, odor or visible matter;
.5 Signs which
purport to be, or are an imitation of, or resemble an official traffic sign
or signal;
.6 Signs which, by reason of their size,
location, movement, content, coloring or manner of illumination, may be
confused with or construed as a traffic control sign, signal vehicle, or which
hide from view any traffic or street sign or signal or device;
.7 Billboards.
10.7 SPECIAL PERMIT SIGN
Intent
To provide adequate visibility
for the business community while insuring that signs do not create distractions
or obstructions that may contribute to traffic accidents and are not
incompatible with the surrounding neighborhood. As such the purpose of the
Special Permit Sign is to allow flexibility with Section 10.4, for
Identification and Freestanding signs, in sign size, number, and location due
to unique site characteristics such as very large building size, lack of
building front wall or multiple uses in a single structure.
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10.7.1 Special permit
A
special permit sign may be obtained from the Zoning Commission after a public
hearing.
Application is to be made in writing which shall include:
.1 A statement describing the
proposed sign(s), including size, location, materials and method of mounting;
.2 A statement describing the
claimed unique site characteristics;
.3 Detailed
drawings of both above, sufficient to show compliance with this section;
.4 Such
other information as the Commission may require to determine compliance with
the intent of these regulations.
10.7.2 Conditions of Approval
In evaluating a Special Permit
Sign, the Commission shall take into consideration the unique site
characteristic(s), public health, welfare and safety in general, and the
immediate neighborhood in particular, and may prescribe reasonable conditions
and safeguards to insure the accomplishments of the following objectives:
.1 HARMONY WITH DEVELOPMENT - That the location, size and character of
the
sign in general will not be detrimental to the orderly
development of adjacent properties.
.2 TRAFFIC
SAFETY - that the location and size, the
nature and intensity of the
sign shall not create a traffic hazard.
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SECTION 11.0 OFF-STREET
PARKING
Off-street parking shall be provided to serve all buildings permitted by
these regulations.
11.1 RESIDENTIAL USES:
The minimum number of
off-street parking spaces for each building use is as follows:
.1 Single-family dwelling: two spaces plus one space per boarder,
roomer, employee or customer.
.2
Multifamily dwelling:
two spaces per dwelling unit plus one space per boarder, roomer,
employee or customer.
.3
Educational institutions: one space per employee plus one space per
three students, 16 years of age or over.
.4
Religious institutions: one space per ten (10) parishioners.
.5
Clubs: one
space per employee plus one space per three members.
.6
Hospitals and clinics:
one space per major shift employee plus one space per
bed.
11.2 COMMERCIAL AND INDUSTRIAL USES:
The
minimum number of off-street parking spaces for each building use is as
follows:
.1 Business offices, professional service
establishments, financial institutions: one space per 200 square feet of gross
floor area.
.2 Retail
stores, personal service establishments, recreational facilities: one space per 133 square feet of gross
floor area.
.3 Restaurants: one space per table plus one space per major
shift employee.
.4 Fast food restaurant: one space per 200 square feet gross floor
area plus 15 spaces.
.5 Motels and hotels: one space per room plus one space per major
shift employee.
.6 Department stores: one space per 100 square feet of gross floor
area.
.7 Equipment storage or repair: one space per 300 square feet of gross floor
area.
.8 Service stations, limited repairers, auto
or equipment sales: one customer parking
space per 400 square feet of gross floor or sales area plus one space per
employee.
.9 Theaters and auditoriums: one space per two seats and one space per
shift employee.
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.10 Manufacturing
and industrial plants: one space per
major shift employee.
.11 Any
use permitted in a Commercial Zone and not specifically mentioned above: one
space per 150 square feet of gross floor area plus one space per major
shift
employee.
.12 Any
use permitted in an Industrial Zone and not specifically mentioned above: one space per major shift employee.
.13 Shopping centers:
.1 For
the purposes of off-street parking as required by this section, a shopping
center is herein defined to be 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 must contain no less than two (2) acres and have not
less than 20,000 square feet of floor area.
.2 Parking shall
be provided for employees and patrons at a ratio of one parking
space for each 175 square feet
of floor area in the shopping center, with a
minimum of 125 spaces.
.3 The
requirements of Section 11.2.13.2 above is in lieu of the requirements of
Section 11.2.1 through 11.2.11 and
11.1.3 through 11.1.6.
.14 Museums: One space per
700 square feet of gross floor area plus one space per major
shift
employee
11.3 DIMENSIONS AND EXCEPTIONS:
.1 The minimum parking space for each motor
vehicle shall not be less than 200 square feet.
This area is exclusive of access to the parking spaces themselves.
.2 Landscaping:
In all Commercial and Industrial
Zones, a landscaped area in addition to any required buffer zone, may be
provided within and as part of the minimum required parking area, as long as it
does not exceed 33% of that minimum parking area.
.3 Excess:
The Commission may require the minimum
off-street parking areas to be exceeded in the interest of public safety or to
avoid congestion in the streets.
.4 Storage/Retail Reduction:
Consideration shall be given to the
maximum required off-street parking spaces when
a permitted use has a large area for storage and is not part of the retail
floor area.
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.5 Buffers:
The Commission shall require that a
minimum buffer zone of 500 feet from all adjoining uses with the exception of
the primary use be maintained around a parking area approved in accordance with
Section 3.1.7. The Commission may waive
the minimum buffer distance if the applicant can demonstrate that the project
will provide adequate screening from adjoining properties through either natural vegetation, natural topography or plantings
satisfactory to the Commission.
.6 Lighting:
Lighting
for parking areas approved in accordance with Section 3.1.7 shall be of a
design to provide adequately shielded downlighting to
protect off-site properties.
.7 Noise:
The intent of this section is to
minimize the impacts to adjacent properties.
Anything subject to a Special Exception permit which generates noise
other than normal vehicular traffic associated with the primary use shall take
necessary steps to minimize noise impacts on adjacent properties. No diesel vehicles shall be allowed to run
for extended periods beyond what is necessary to drop off and pick up
passengers.
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SECTION 12.0: NATURAL
RESOURCES
12.1 COASTAL AREA
MANAGEMENT:
12.1.1 Purpose:
All buildings, use, and structures
fully or partially within the coastal boundary as defined in Chapter 444, Section 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 General Statutes with the exception of the
following activities which are hereby exempted from coastal site plan review
requirements under the authority of subsection (b) of Section 22a-109:
.1 .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 Section 22a-93
(7) of the Connecticut General Statutes;
.5 Construction of a single family dwelling
except in or within one hundred feet of
the following coastal resource areas as defined by Section 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;
.8 Minor
changes in use of building, structure or property except those changes
occurring on property adjacent to or abutting coastal waters.
.2 The foregoing exemptions
from coastal site plan review requirements shall apply to the following site
plans, plans and applications:
.1
Site plans submitted to the Zoning Commission in
accordance with Section
22a-109 of the Connecticut
General Statutes;
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.2
Applications for a special permit or special exception
submitted to the Zoning
Commission in
accordance with Section 8-2 of the Connecticut
General Statutes and Section 13.0 of these regulations;
.3 Applications for a variance submitted to the
Zoning Board of Appeals in accordance with subdivision (3) of Section 8-6 of
the Connecticut General Statutes and Section 16.1 of these regulations;
.4 A referral of
a proposed municipal project to the Planning Commission in accordance with
Section 8-24 of the Connecticut General Statutes.
12.1.2 Coastal Site Plan:
Except where exempted under the
provisions Section 12.1.1 of these regulations, in addition to meeting the
other requirements of these regulations, all applicants for zoning permits,
special exceptions, 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;
.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 Section 22a-92 of the
Connecticut General Statutes.
12.1.3 Coastal Site Plan
Review:
In additional to any other
applicable site plan review criteria prescribed by these Zoning Regulations, 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 Zoning Commission may, at its
discretion, hold a public hearing 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 Zoning Commission shall:
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.1 consider
the characteristics of the site, including the location and condition of any
coastal resources defined in Section 22a-93 of the General Statutes;
.2 consider
the potential effects, both beneficial and adverse, of the proposed activity on
coastal resources and future water-dependent development opportunities;
.3
follow all applicable goals and policies stated in
Section 22a-92 of the 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 Zoning 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 Zoning Commission shall make a written
finding that the proposed activity with any conditions or required modification
(1) is consistent with all applicable goals and policies in Section 22a-92 of
the General Statutes; and (2) 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.
12.1.4 Bond:
As a condition to a coastal site
plan approval, the Zoning 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 Section
17.6 of the Zoning Regulations.
12.1.5 Violations:
Any activity within the defined
coastal area not exempt from coastal site plan review pursuant to Section
12.1.1 above, which occurs without having received a lawful approval from the
Zoning 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 Zoning Commission for the abatement of such
nuisance.
12.1.6
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 or more
extensions of such period, provided the total period
of any such extension or extensions shall not exceed two further sixty-five-day
periods, or may withdraw such plan.
12.2 EROSION AND SEDIMENT (E & S) CONTROL
PLAN:
In accordance
with C.G.S. Section 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 acre. The
12-3
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 E & S plan shall be based
on the "Connecticut Guidelines for Soil Erosion and Sediment
Control," (1985) as amended.
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12.2.1 Site Plan
Requirements:
The E
& S Control Plan shall include the following:
.1 Locations and descriptions of the proposed
development and adjacent properties;
.2 Locations of areas to be stripped of
vegetation, regraded and contour data indicating
existing and proposed grades;
.3 A schedule of operations,
including the sequence of major improvement phases such as clearing, grading,
paving, installation of drainage features and the like;
.4 Seeding, sodding or revegetation plans and
specifications for all unprotected or unvegetated
areas;
.5 Location, design and
timing of structural control measures, such as diversions, waterways, grade
stabilization structures, debris basins and the like. The narrative shall indicate design criteria
used in the design of control measures;
.6 A description of procedures to be followed
to maintain sediment control measures;
.7 The name of the individual responsible for
monitoring the plan with whom an inspector for the Town may contact routinely;
.8 The plan map shall show
the words: "Erosion and Sediment
Control Plan" with space for the date and signature of the Certifying
Authority.
12.2.2 Approval:
After review of the 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 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 Erosion and Sediment
Control Plan, provided such review shall be completed within thirty days of the
receipt of such plan.
12.2.3 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 Section 17.6 of these
regulations.
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12-4
12.2.4 Inspection:
The
Commission or its designated agent shall periodically conduct inspections to
verify
compliance with the certified plan and that 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.
12.2.5 Definitions:
"Certification" means an approval by the Town of Ledyard
Zoning Commission (or its
designated agent)
that a soil erosion and sediment control plan complies with the applicable
requirements of these regulations.
"Inspection" means the
periodic review of sediment and erosion control measures shown on the certified
plan.
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12.3 FLOOD PROTECTION:
12.3.1
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.
12.3.2
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 its most reasonable application.
.1
"Area of special flood hazard" is the land in the floodplain
within a community subject to one percent or greater chance of flooding in any
given year.
.2
"Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year.
.3
“Development” means any man-made changes to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials.
.4
“Flood Insurance Rate Map (FIRM)” means 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.
12-5
.5
“Flood Insurance Study” means 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.
.6
"Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than one foot.
.7 "Lowest floor" means the lowest
floor of the lowest enclosed area (including basement).
.8 "Manufactured
Home" for purposes of the National Flood Insurance Program, means a
structure, transportable in one 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”.
.9 "Mean Sea Level" means for purposes
of the National Flood Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
.10 “New Construction” means
for 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 the effective date of
floodplain management regulations adopted by a community and includes any
subsequent improvements to such structures.
.11 “Recreational Vehicle”
means a vehicle which is: (a) built on a
single chassis; (b) 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.
.12
"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.
.13
“Substantial Damage” means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damaged condition
would equal or exceed 50 percent of the market value of the structure before
the damage occurred.
.14 "Substantial improvement" means any
combination or repairs, reconstruction, alteration, or improvements to a
structure in which the cumulative cost equals or exceeds fifty percent of the
market value of the structure. The
market value of the structure should be (1) the appraised value of the
structure prior to the start
of the initial repair or
improvement, or (2) in the case of damage, the value of the structure prior to
the damage occurring. For the 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
comply with existing health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions.
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12.3.3 General
Provisions:
This regulation shall apply to all
areas of special flood hazard within the jurisdiction of the Town of Ledyard. The areas of special flood hazard identified
by the Federal Emergency Management Agency in its Flood Insurance Study (FIS)
or Flood Insurance Rate Map (FIRM), dated April 1, l981, with accompanying Flood Boundary &
Floodway maps and any subsequent revisions thereto. These documents are hereby incorporated by
reference and declared to be a part of this regulation. A
Development Permit shall be required in conformance with the provisions
of this regulation prior to the commencement of any development activities.
12.3.4 Duties and
Responsibilities of the Zoning Commission or its Designated Agent:
Duties of
the Zoning Commission 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 permittee
that additional Federal or State permits may be required. 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 floodproofed structures.
When flood-proofing is utilized for a particular structure the Building
Official shall obtain certification from a registered 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 12.3.5.2 and 12.3.5.3;
.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 Building & Zoning Office, Ledyard
Town Hall.
12.3.5 Provisions for Flood Hazard Reduction:
.1 General
Standards:
In all areas of special flood
hazard the following provisions are required:
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12-7
.1
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; (iii) constructed by methods and
practices that minimize flood damage;
.2 WATER SUPPLY
AND SANITARY SEWAGE SYSTEMS - New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into the
system. 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. On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from them during
flooding;
.3
MANUFACTURED HOMES - All manufactured homes to be placed within Zone A
on the Town's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors.
.2 Specific
Standards:
In all areas of special
flood hazard where base flood elevation data has been provided, as set forth in
Section 12.3.3 or as determined in Section 12.3.4.5, the following provisions,
in addition to those in Section 12.3.5.1, are required:
.1 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;
.2 NON-RESIDENTIAL STRUCTURES - 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;
.3
FLOODPROOFING - Non-residential structures located
in all A-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. A registered 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;
.4 MANUFACTURED
HOMES - All manufactured homes shall have the lowest floor elevated to or above
the base flood level. They shall be
placed on a permanent foundation which itself is securely anchored and to which
the structure
is securely anchored;
12-8
.5 RECREATIONAL
VEHICLES - Recreational vehicles placed on sites in all
A-Zones shall either:
(a) be on a site for fewer than 180 consecutive
days;
(b) be fully licensed
and ready for highway use, or;
(c) meet
the permit requirements of Section 12.3.5.2 of this section and the elevation
and
anchoring
requirements for “manufactured homes” in
Section 12.3.5.1.3 of the
General Standards Section.
.6 In A-Zones where base flood elevations have
been determined, but before a
floodway is
designated, require 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 along the watercourse when all
anticipated development is considered
cumulatively with the proposed development.
.3 Floodways:
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 registered professional engineer that encroachments shall
not result in any (0.00) increase in flood levels during occurrence of the base
flood discharge. 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 foot at any
one point.
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12.3.6 Variances:
The Zoning Enforcement Officer
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 Administrator.
.1 An applicant for a variance to this Section
shall be notified by the Zoning Enforcement
Officer 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 $25.00 for
$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:
.1 no
exceptional hardship would result from the failure to grant the variance;
.2
granting of the variance would result in increased
flood heights, additional threats
to public safety, extraordinary public
expenses, or creation of nuisances.
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12-9
12.4 OPEN SPACE:
The Commission may require
provisions for open space for parks, recreational and natural areas in an area
equal to at least ten percent of all approved land for any one complex. An expansion of a complex which increases the
area by less than 10 percent, the previously approved complex shall be
considered as part of the total in determining open space requirement. The location of such areas shall be approved
by the Commission. Disposition of such
areas shall be one of the following:
12.4.1 The open spaces shall be conveyed by
warranty deed to the Town of Ledyard
after all
requirements
of the approved complex have been completed.
The Town Council may vote to accept or reject such conveyance.
12.4.2
The open spaces 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.
12.4.3
Such land may be held and maintained by the developer so long as free
access and availability for the use for which they are intended is warranted to
the Town of Ledyard. The developer shall maintain such lands in the
improved state and available for public use for a period of not less than
ninety-nine (99) years or the duration of the complex, whichever shall be
longer. The decision to hold and
maintain the land shall be included in the covenants of each warranty deed
transferring other property within the complex to individual owners. In no case may the developer transfer title
to land reserved for open space into private ownership, with the exception of
land trust. In so far as possible,
natural vegetation and unusual topographic features shall not be disturbed
during construction. Upon completion of
a complex, the developer shall be required to properly grade the disturbed
land, remove all brush and debris, and grade and seed all open or disturbed
areas to field grass.
The condition, size and shape
shall be readily usable for recreation, conservation or other
open
space purposes. Such areas shall be
easily accessible and balanced in design and
location
to preclude grouping of dwelling lots and open spaces into the extremities of
the
tract. The minimum size of any area designated as
reserve for open space shall be one
(1) acre.
12.5 SOIL, GRAVEL AND STONE REMOVAL:
The removal of topsoil, sand,
gravel, clay, stone or other minerals for commercial use shall be allowed in
any district after a permit has been granted by the Commission as hereinafter
set forth except when a part of, and on the construction site of a permitted
building, farming or grading operation including road construction. 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. 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,
siltation, 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. A permit may be granted by the Commission after
a Public Hearing and under the conditions that follow:
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12-10
12.5.1 Application:
The applicant shall submit the
following data:
.1
A zoning application form indicating the nature and extent of the
operation, and the
proposed
land use with supporting data. It shall
include the proposed truck access to the excavation, off site haul route, the
hours of operation, the machinery to be used on site and the type of buildings
or structures to be constructed on site;
.2 A map executed by a Land
Surveyor or an Engineer, showing existing and proposed
contours and location of existing structures on this and
adjacent properties (Information regarding depth to ground water table and a
log of soil borings taken to the depth of the proposed excavation). 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.
12.5.2 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.
Deviation from the plan of
operation without the Commission's approval shall be cause for
the Commission to revoke the permit.
12.5.3 Approval:
In passing 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 Permits shall be issued
for a period not to exceed two (2) years.
Permits shall not be
extended but may be renewed only after following the
procedures cited above. No
permit will be considered for renewal until the operator has
submitted a report on
the excavation
operation prepared by a certified engineer.
The engineer's report shall
attest that the
excavation as already completed conforms to the plan of operation as
approved.
.3
A plan for sediment and erosion control shall be included in the permit
application.
12.5.4
Operations:
.1
The gravel bank floor area shall be graded not less than one (1%)
percent nor more
than
four (4%) percent 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 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
2:1.
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12.5.5 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 Industrial
Districts.
12-12
SECTION 13.0: SPECIAL
EXCEPTIONS
The Commission may grant a special permit authorizing the
establishment of the following uses in the districts noted if, after a public
hearing, it finds that such uses shall conform to the requirements of this
section:
Apartments/Condominiums
Two-family
dwellings
Mobile
Manufactured Home Land
Lease Communities For Older Persons Formerly Known As
(Mobile Home Retirement Villages [RM-40 Zones])
Temporary Sawmills
Storage of Commercial Vehicles
& Contractor's Equipment in Residential Districts
Contractor Home Occupation
Child Day Care Centers
Home Husbandry
Bed and Breakfast Operations
Country Inns
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13-1
13.1 APPLICATION FOR SPECIAL EXCEPTION PERMIT:
Written
application shall be made to the Commission.
Such application shall include:
13.1.1 Written statement describing the proposed
use or uses.
13.1.2 Site plans showing existing and proposed
buildings, structures, location of nearby structures, proposed access roads,
off-street parking and loading space, storm drainage, water supply, sanitary
sewers, signs, outdoor illumination, existing landscape features and proposed
landscaping, encroachment of Town
property, existing and proposed contours.
13.1.3 All storm drainage for proposed development
under a special exceptions permit in which the combined square footage of
roofs, paved parking areas and other impervious surfaces exceeds 10,000 square
feet shall be designed in accordance with and subject to the provisions of the
Drainage Ordinance of the Town of Ledyard.
The Commission may require that
the provisions of the Drainage ordinance apply to other forms of development
under a special exceptions permit if it determines that a proposed development
is likely to have a significant drainage impact.
13.1.4 Basic architectural plans of proposed
buildings and structures, specifying materials to be used and generalized floor
plans.
13.1.5 All site layout plans shall bear the seal
of an Engineer and/or Land Surveyor.
13.1.6 The Commission may waive the requirement
for a Licensed Surveyor or Professional
Engineer
seal if no new structure is proposed and A-2 survey is submitted showing
the
property boundaries.
13.1.7 All applications must be filed with the
Zoning Enforcement Officer at least five (5) working days before a regular
scheduled Commission meeting in order to be considered during that meeting.
13.1.8 The Commission will not hear the same or
substantially the same application for the
same Special Exception for a period of one year after a
decision by the Commission.
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13-2
13.2 CONDITIONS
OF APPROVAL:
The
Commission shall grant an application for Special Exception if it determines,
after
a public hearing, that the proposed use or uses are
permitted uses and that the
proposed plans conform to the standards specified herein for
the permitted uses in a
Zoning District. Further, approval/disapproval within
sixty-five (65) days of the public
hearing will contingent upon the following, as may be
determined by the Commission:
13.2.1 That the proposed use and its proposed
layout and location in a district will not be
detrimental to existing and adjacent uses in the sense that
all requirements of Section
1.2 of these regulations, including traffic congestion;
population concentration; noise;
light; odors; smoke and other physical features that may be
expected to adversely
influence the future
development in that district with the generally intended and
permitted uses.
13.2.2
Approval of the application shall be contingent upon completion of the
proposed special exception, in accordance with plans as approved, within a
period of two (2) years after such approval is granted. Approval of the application becomes null and
void in the event of failure to complete the proposed special exception within
the same two (2) year period. Extensions
may be granted, by the Commission, for good cause shown. All requirements set forth herein are in
addition to the requirements for any permitted use in the Zoning District
in which it is a regularly designated use.
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13-3
13.3
APARTMENTS/CONDOMINIUMS:
Apartments/Condominiums may be
permitted in High Density Residential (R-20) and
Medium
Density Residential (R-40) Districts only subject to the following conditions:
13.3.1 Apartment/Condominium shall not be permitted
on lots of less than five (5) acres.
13.3.2 Density:
.1
No
apartment/condominium complex shall exceed an average net density of two
(2)
two-bedroom
or four (4) one-bedroom units to the acre unless they are served by public
sewers. Where sewers are available, an
average net density of four (4) two-bedroom or eight (8) one-bedroom units to
an acre may be permitted; provided, however, that a maximum of four (4)
three-bedroom units to an acre may be permitted in age restricted housing
developments. No building shall contain
more than eight (8) dwelling units, which shall be the maximum number permitted
on any one acre;
.2 No
apartment/condominium complex shall contain more than forty-eight (48) dwelling
units.
13.3.3 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.
13.3.4 Minimum floor
size:
All apartment/condominium units
shall have no more than two (2) bedrooms.
One bedroom units shall contain a minimum of 550 sq. ft., not to exceed
650 sq. ft. of habitable living area.
Two bedroom units shall contain a minimum of 750 sq. ft. of habitable
living area.
13.3.5 Buffer and Open Space:
.1 Open space as described
in Section 12.4 shall be provided on the basis of one (1) acre per eight (8)
dwelling units, or portion thereof, for parks or playgrounds. The location of such areas shall be approved
by the Commission, disposition shall be described in Section 12.4;
.2 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, drainage facilities may be
allowed by the Commission within the buffer area. This determination will be made by the
Commission after evaluating adjacent land use (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 it's use
will not adversely effect the buffering intent of overall project;
.3 No building
shall be erected within fifty (50) feet of a property line.
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13-4
13.3.6 Screening:
The amount of screening required
for these structures, within fifty (50) feet of the property line, will be
determined 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.
13.3.7 Off-street parking shall be provided at the
rate of 400 sq. ft. of parking area per dwelling unit.
13.3.8 The Commission may require the posting of a
bond under the conditions noted in Section 17.6.
13-5
13.4 TWO-FAMILY DWELLINGS:
Two-family dwellings will be considered for residential zones. They will satisfy the
requirements
set forth in Section 9, with the following qualifications:
13.4.1
R-20 District, minimum lot area of 20,000 square feet per dwelling unit
(40,000 sq. ft.
total).
13.4.2
R-40 District, minimum lot area of 25,000 square feet per dwelling unit
(50,000 sq. ft.
total).
13.4.3 R-60 District, minimum lot area of 40,000
square feet per dwelling unit (80,000 sq. ft.
total).
13.4.4 R-80 District, minimum lot area of 60,000
square feet per dwelling unit (120,000 sq. ft.
total).
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13.5 MOBILE MANUFACTURED HOME LAND LEASE COMMUNITIES FOR OLDER
PERSONS (RM-40 ZONES)
13.5.1 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 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.
13.5.2 Definitions:
.1 Mobile Manufactured Home: For
the purposes of this section, a mobile manufactured home means a manufactured
home built to the Manufactured Home Construction and Safety Standards (HUD
Code) and displays a certification label on the exterior of each transportable
section. Manufactured homes are built in
the controlled environment of a manufacturing plant and are transported in one
or more sections on a permanent chassis.
For the purpose of these regulations, a mobile manufactured home, after
installation on a mobile manufactured home site, is required to be a minimum of
22 feet in width, and shall contain not less than 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.
.2 Mobile Manufactured Home Community:
A plot of ground upon which two or
more
mobile manufactured homes, occupied for residential purposes are located.
.3
Mobile Manufactured Home Site: A plot of ground within a mobile
manufactured home community designed for the accommodation of one mobile
manufactured home. A mobile manufactured
home site shall have water, sewer, electrical, phone and cable television
service, a parking area and a Permanent Foundation System that is compatible
with the Home Manufacturers HUD Approved Installation Instructions and
applicable building codes.
.4 Affordable Housing: Housing
for which persons and families pay thirty per cent or less of their annual
income, where such income is less than or equal to the area median income for
the municipality in which such housing is located, as determined by the United
States Department of Housing and Urban Development.
.5 Affordable
Housing Development: A proposed
housing development in which not less than 25% of the dwelling units will be
conveyed by deeds containing covenants or restrictions which shall require that
such dwelling units be sold or rented at, or below, prices which will preserve
the units as affordable housing for persons and families whose income is less
than or equal to eighty percent of the area medial income or eighty percent of
the state medial income, whichever is less, for at least thirty years after the
initial occupation of the proposed development.
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.6 Assisted
Housing: Housing which will receive
financial assistance under any governmental program for the construction of low
and moderate housing, and any housing to be occupied by persons receiving
rental assistance under Chapter 138a or Section 1437f of Title 42 of the United
States Code.
.7 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.
13.5.3 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 or more persons having a joint or common
interest, and any other 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 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 community is expressly prohibited.
13.5.4 Resident Entry and Occupancy
Requirements:
Each mobile manufactured home site
shall be:
.1 intended for, and solely
occupied by persons who are 62 years of age or older, or;
.2 intended and
operated for occupancy by persons 55 years of age or older, and
.1 at
least 80 percent of the occupied sites are occupied by at least one person who
is 55 years of age or older;
.2 no
site shall be occupied by any individuals who have not attained the age of 18
years;
.3 the community
owner shall publish, adhere, and enforce policies and procedures that clearly
demonstrate the intent required under this subparagraph;
.4
the community owner adheres to a policy statement contained in each
individual site lease, in the Community Rules and Regulations, and posted in a
conspicuous location in the land lease community, that clearly demonstrated an
intent to house persons who are 55 years of age or older;
.5 the
land lease community owner complies with rules issued by the United States
Secretary of Housing and Urban Development for verification of occupancy, which
shall
.1 provide
for verification by reliable surveys and affidavits, and
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.2 include
examples of the types of policies and procedures relevant to a determination of
compliance with the requirements of Section 13.5.4.2.1 and Section 13.5.4.2.2.
Such surveys and affidavits shall be
admissible in administrative and judicial
proceedings for the
purpose of such verification, and
.6 the land
lease community owner provides facilities and services within the community
which are designed to accommodate the needs of older persons.
13.5.5 Community Design Requirements:
.1 The
minimum size shall be 10 acres, and the maximum number of lease sites in any
land lease community shall not exceed 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 acres.
.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, if any, shall be
designed, built, and reserved for the exclusive use of the residents of the
mobile manufactured home land lease community.
Land for the community center and/or recreation facility, if any, shall
be included in the total acreage when calculating density and the maximum
number of lease sites. The community
center shall be owned, operated, maintained, and managed by the land lease community
Owner.
.5 The community center and/or recreation
facility, if any, shall be adequate for the completed and fully occupied
community. The community center and/or
recreation facility, if any, may be a multi-section mobile manufactured
structure designed for such use.
.6 The land lease mobile manufactured home
community shall have all site lease lines defined with permanent corner stakes,
and permanent marker showing each site number or address that corresponds to
the site plan.
.7 Each site shall be
selected graded or constructed in such a manner that moisture will not collect
under the mobile manufactured home.
.8
Water, sewer, electric, telephone, cable, and other utilities
shall be below ground unless waived by a two-thirds vote of the Zoning
Commission.
.9
Common area lighting shall be provided via 15 foot low glare low wattage
light stands designed for 20,000+ hour bulbs sufficient to provide illumination
for the safety of pedestrians and vehicular movement at night, with below
ground wiring connected to the Mobile Manufactured Home Land Lease Community
Owner’s community electric meter.
Overhead telephone pole mounted flood lights are not permitted. The Zoning Commission may waive this
requirement if an alternative lighting proposal will be more attractive and
provide greater safety to residents.
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.10
Mobile manufactured home orientations and
specific locations shall be 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.
.11 The
orientation of each mobile manufactured home on its site should, where
practical, be
parallel to its frontage
roadway. A “herringbone” orientation
pattern, with homes parallel
to each other and angled to the roadway, is not
permitted.
.12 There
shall be a minimum of a 20 foot setback from the front edge of the home to the
edge of the frontage road. The Zoning
Commission may waive this requirement on a site by site basis if an alternative
home setback proposal will result in a more attractive community or increased
safety or for other good cause.
.13 Oil
tanks, gas tanks, air conditioning units, and clothes lines shall be in the
rear yard or not be visible from the roadways.
.14 Electric
meters and electric meter panels will not be visible from the roadways unless
attached to the mobile manufactured homes.
.15 The
community design shall eliminate monotony, insure compatibility with
topographical conditions, and encourage
individual site privacy.
.16
The design should, where practical, provide for only a single common
entry/exit driveway into the mobile manufactured home land lease community from
a public roadway unless more than one entry/exit is necessary for safety,
esthetics, or other compelling reason.
.17 The
design shall minimize traffic flow, traffic speeds, traffic noise, and
congestion, and
provide emergency access to all parts of the land lease
mobile manufactured home
community as required by the
Fire Marshall.
.18 If
the average density of the community exceeds two home sites per acre the
community 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.
.19 The community design in combination with the
landscape design shall be such that the residents of each site will have a
reasonable sense of outdoor privacy as it relates to adjacent sites. Fencing shall not be used to achieve such
screening purposes.
.20 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.
.21
Dumpsters, if any, shall be adequately screened.
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.22
Roadways within the mobile manufactured home land lease community shall
be constructed in accordance with the following specification:
.1 Width: Collector roadways shall be not less than 24
feet in width, and local roadways shall be not less than 22 feet in width.
.2 Grade:
The grade of the community roadways shall provide proper drainage
and
conform
reasonably with the grade of abutting properties. The grade shall not be less
than 1% and shall not exceed 8%.
.3
Subgrade: All ledge rock shall be removed to a depth
determined by the project 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 with stone, tailings or bank run 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 inch per
foot.
.4 Sub-base: Ten 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.
.5 Process Gravel
Base: Four inches of process gravel base
shall be installed over the subgrade at a minimum
thickness of four inches subsequent to compaction. Base material shall meet the requirements of
the State Highway Department for rolled processed gravel surfaces. This surface shall be constructed to a cross
section with a cross slope of one-quarter inch per foot.
.6 Surface Treatment: The road surface shall be given two
applications of
bituminous concrete. The
first application shall consist of compacted one and one-quarter inch binder
course bituminous concrete, and the second application shall consist of
compacted one and one-quarter 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.
When any roadway installed in conjunction with the development of a
proposed mobile manufactured land lease community is designed to intersect 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,
if requested, convey to the Town of Ledyard
sufficient land along such existing town road as is required to allow its
widening to conform to the standards of the road ordinance of the Town of Ledyard.
.23
When the proposed mobile
manufactured land lease community abuts 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 necessary for public safety required by the Mobile Manufactured
Home Land Lease Community. Such
improvements shall be provided by the Owner.
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.24 Septic disposal systems,
including tanks, galleys, and leaching fields, shall be fully
contained within the boundaries of
the land lease community.
.25
Sites for homes heated by fuel
oil or kerosene will be provided with a leakproof and
weatherproof containment system to prevent leaking fuel, if any, from seeping
into the soil. A cover or other
mechanism shall be provided to keep rainwater from entering the containment
device.
.26 One 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. The service structure may be a mobile
manufactured structure designed for such purpose, or may be combined with a
common area community recreational facility.
.27 A maximum of one (1)
accessory building (storage shed), up to 125 square feet, and shingled is
permitted per site. Each accessory
building shall be located behind the rear extended plane of the mobile
manufactured home. Hoop houses and
membrane covered structures are not permitted.
Metal storage sheds are not permitted.
.28 Each lease site shall
be provided with a minimum of a 150 square foot or larger hard surface patio,
or a 150 square foot or larger wood deck, or an enclosed 150 square foot or
larger screened porch, or an attached one or two car carport to provide end to
end or side by side covered paved parking designed for use with mobile
manufactured homes.
.29 The steps to the home
for both the main entrance and the emergency or rear exit shall be
substantially built and made of wood or concrete, containing a non-slip
surface, handrails on both sides, and a deck area with railing of a minimum of
3’ by 3’ for the emergency exit, and a minimum of 5’ by 6’ for the main
entrance. The main entrance deck size
requirement is waived if the main entrance is integrated with the wood deck or
enclosed porch permitted by Section 13.5.5.28.
.30 Adequate paved or covered
paved space shall be provide on each site for the parking of at least two
cars. Parking on each site 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 out of view
from the roadway.
.31 Off street paved guest
parking areas 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 on the
individual paved driveway area on each home site between the front extended
plane of the home and the edge of the roadway, in which case the on-site guest
parking space may be credited on a one for one 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 areas. Additional
parking, as appropriate, shall be provided if there is a community center
and/or recreation facility.
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.32
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. This parking area shall be
screened to minimum its view from residents of the community and from adjoining
properties. Fencing shall not be used to
create the required screening.
.33 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
Section 425.37 of the Building Code, lighting, and walkways with a non-slip
impervious surface as appropriate.
.34 A community or municipal
water system shall be provided and the applicant shall demonstrate that the
system has the approval of the State Health Department. 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.
13.5.6 Mobile
Manufactured Home Standards for Community Entry and On-Site Resale:
As a minimum, each mobile
manufactured home shall:
.1 Be vinyl
sided with pitched shingled roof.
.2 Be built to the HUD
regulations adopted on October 1993 to provide for improved energy efficiency
and better insulation, and the January 1994 HUD adopted standards that
strengthen the ability to withstand high winds in hurricane prone areas. (Reference: “Manufactured Housing Program -
Manufactured Home Construction and Safety Standards, 24 CFR 3280”).
.3 Be in overall excellent and
safe condition, clean, with all working windows, a full complement of screens,
emergency exit, structurally sound flooring, safe electrical, roofing in
excellent condition, 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
under floor moisture barrier in excellent condition.
.4 The
Zoning Enforcement Official shall not issue a permit for installation or
approve the installation of a mobile manufactured home within the land lease
community unless the home 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 Rules and
Regulations for a Mobile Manufactured Home Land Lease Community for Older
Persons and shall be a condition precedent for the home to be sold and remain
in the Community.
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13.5.7 Mobile
Manufactured Home Installation Requirements:
.1 Each home shall be
installed and attached to the mobile manufactured home site’s Permanent
Foundation System (Section 13.5.2.7) 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 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 Section 13.5.6.5 of these Regulations.
13.5.8 Application Requirements - Site Plan:
.1 In addition to the usual site plan
requirements, the application shall include:
.1 a storm drainage plan including
water runoff in and about the roadways and
sites;
.2 sanitary
sewer plan;
.3 water
source, water treatment, isolation valve locations, sampling spigot locations,
and distribution plan;
.4 community lighting plan;
.5 electrical distribution plan;
.6 cable
distribution plan;
.7 roadways;
.8 pathways;
.9 street names;
.10 site numbering & size,
style, & location of each site number for compliance with 911 requirements;
.11 fire
hydrants (if any);
.12 sidewalks
(if any);
.13 a general landscape
design overview approach including a detail representative landscape proposal
for one (or more) homes & home sites, a detail landscape proposal for each
community entrance, and a detail landscape proposal for the community center,
if any;
.14 common area, site, perimeter, dumpster, & RV
storage screening;
.15
all signage (including, as appropriate, community entrance(s), office,
sales, parking, traffic control and direction, street names, “private
property,” “no soliciting,” and “no
trespassing” signs;
.16 refuse
& recycling management plan;
.17 dumpster
size & location(s), if any;
.18 mail
& newspaper delivery plan (on site vs. central structure);
.19
parking plan including on-site, guest, and RV parking;
and
.20 public facilities, if any.
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.2
The site plan shall include the lease lines for each site, the address
of each site, parking for each site, the screening for each site, and the
orientation footprint of each proposed mobile manufactured home when installed
on each site.
.3 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.
.4 The site plan shall
clearly identify and describe any significant facilities and services that will
be provided by the community owner if required by Section 13.5.4.2.6.
.5 A written report, endorsed by the town
Health Officer, on the suitability of the
property for individual or community on-site subsurface sewage disposal,
shall be submitted as part of the application.
Soil tests shall be required in accordance with the Public Health Code
of the State of Connecticut. The results and date of the soil tests shall
be included in the written report and the proposed systems and reserve areas
shall be shown on the site layout map.
However, soil tests shall not be required if the land lease community
will be serviced by a municipal sewer facility.
.6 The site plan shall include 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.
.7 The site plan shall include identification
of a sales office and/or community management office, if any.
13.5.9 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 a brief description of how the Owner of the mobile manufacture
home land lease community will help assure no fuel oil leakage. The plan shall include his fuel oil tank
inspection monitoring schedule, who performs the
inspections, a description of planned record keeping regarding fuel tank, and
the criteria for tank replacement.
.3 The management plan
shall include the applicant’s proposed age verification procedures of residents
& prospective residents, and how the age constraints will be enforced.
.4 The submitted documents
shall be consistent with Chapter 412 of the Connecticut General Statutes.
.5
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 Section 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 & repair, home
painting color constraints (if any), resident installed
gardens/fencing/pools/pavement/other site improvements (if any), rules
regarding resident parking & 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 & noise, discharge of firearms, speed limits, site
classifications (if more than one), resident security, and insurance
requirements, and all other rules and regulations.
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.6 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. The Owner of the land lease
community shall be responsible for the proper regular inspection of oil tanks
to help assure that fuel oil leakage does not occur as a result of tank
deterioration, and shall reserve the right in each site lease to replace oil
tanks when necessary to prevent oil leakage.
.7 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 prohibits
the replacement of a mobile manufactured home except by permit and the written
permission of the community owner.
.8 The site lease and/or the
community Rules and Regulations shall prohibit the subletting of lease sites,
TV antennas (except for 18” or smaller dish antennas that cannot be viewed
from the roadways), parking on
the roadways within the mobile manufactured home land lease 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 be viewed from the community roadways.
.9 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.
.10 The site
lease shall address requirements regarding hazardous materials.
.11 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.
.12
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.
.13
The rules and Regulations shall specify the age, size constraints,
insurance, license & registration status, and condition of vehicles,
including RV’s, necessary for a vehicle
to be stored or parked in the land lease community.
.14 The Rules and
Regulations shall identify the standards for permitting a mobile manufactured
home to be resold and subsequently remain on its’ home site.
.15 The 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.
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13.5.10 Community Development Plan:
.1 The application shall
include the mobile manufactured 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 as determined by
the ZEO due to seasonal weather conditions.
.2 The Zoning 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 Zoning Commission will review the application for compliance
with Section 12.3 Flood Protection.
13.5.11 Licensing:
The Applicant shall apply to the
Department of Consumer Protection for a License for a Mobile Home Park, which
must be approved, subject to re-inspection and approval upon completion of the
community or phases of the community as per Section 21-67-(b) of Chapter 412 of
the Connecticut General Statutes, prior to beginning construction.
13.5.12
Affordable Housing Development
Application Requirements:
The application shall state if it
is a formal “Affordable Housing Development” proposal as defined per Section
8-30g of the Connecticut General Statutes.
If yes, the following additional information is required as part of the
application:
.1 The application shall identify if the
“Affordable Housing Development” will include “assisted housing.”
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.2 The application shall include the specific
wording proposed for the deed covenants or restrictions for the parcel proposed
to be developed into the Mobile Manufactured Home “land lease” community to assure that the housing will
remain affordable housing for a minimum of 30 years as required by Chapter 126a
Section
8-30g-(a)-(1)-(B) of the Connecticut General Statues.
.3 The
application shall include an explanation of:
.1 how
the deed covenants or restrictions will be implemented,
.2 the
specific wording and examples showing how the covenants or restrictions
will comport with the site leases and the community rules
and regulations,
.3 how
resident income information will be obtained and certified,
.4 the
frequency of obtaining and certifying resident income,
.5 how
the deed covenants or restrictions will be enforced specifically addressing
out-year on-site home resales,
.6 who has
access to the resident income information, and
.7 a description of the sequence of events that
will occur if a resident owner of a mobile manufactured home annual income
increases to exceed eighty per cent of the area median income if the increase
will cause less than 25% of the sites to be occupied by individuals or families
at less than eighty percent of the median income.
.4 The application shall provide information
regarding if the owner of the mobile
manufactured home land lease community will rent or lease homes within
the community, and if non-resident mobile
manufactured home owners will be permitted to sublet their mobile
manufactured home sites.
.5 The application shall list the proposed
site rent for each mobile manufactured home site in the land lease community
that is specifically designated as part of the “affordable housing development”
area(s) of the community.
.6 The application shall identify the proposed
mobile manufactured homes that will be installed on the sites specifically
designated as part of the “affordable housing development” by manufacturer(s),
year(s), of manufacture, models, sizes, exterior dimensions, number of
bedrooms, and expected sales price(s) or home rent(s) that he intends to obtain
to achieve the affordable housing development requirements.
.7
If the community owner intends to rent only a limited number of sites at
below market rents to achieve the requirements of an “affordable housing
development”, the application shall include an explanation of how the community
owner intends to comply with Section 21-80-(b)-(5)-(B) of Chapter 412 of the
Connecticut General Statutes requiring proposed site rent be consistent with
rents for comparable sites in the same mobile manufactured home community.
.8 The applicant shall describe how the
community owner will annually obtain and validate the necessary data to produce
the “Annual certification of continuing compliance with affordability
requirement” to the Zoning Commission as per Chapter 126a Section 8-30h of the
Connecticut General Statutes.
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13.6 TEMPORARY
SAWMILLS:
13.6.1 Conditions:
Temporary
sawmills may be constructed in any district provided that they meet the
following conditions:
.1 Operation
limited to daylight hours;
.2 Operation
shall be limited to cutting of trees on site;
.3 Located not
closer that 100 feet to any property line or street line;
.4 Location no
closer than 500 feet to the nearest residence;
.5 A site and restoration plan
must be submitted indicating data required above.
13.6.2 Approval may be granted for a period not to
exceed six (6) month, and may be renewed
under the
above conditions.
13.6.3 On completion of
work such sawmills shall be dismantled and removed.
13.6.4
Bonding as required in Section 16.6 will be
required for reforestation completion.
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13.7 STORAGE
OF COMMERCIAL VEHICLES AND CONTRACTOR'S EQUIPMENT IN RESIDENTIAL DISTRICTS:
13.7.1 This use will be considered in R-40, R-60
and R-80 districts subject to the following
conditions:
.1 All equipment shall be
stored in the rear yard;
.2
The storage area shall be screened at all seasons from
streets and adjacent lots by a buffer strip which may be accomplished by use of
the following: existing structures,
fencing, natural or ornamental vegetation, earth embankment, or any suitable alternative,
consistent with surrounding areas;
.3 Consideration shall be
given to undeveloped adjacent lots so as to permit their unencumbered
development at any future time;
.4 Site plan
shall include type of equipment and vehicles to be stored;
.5 Limit of five (5) vehicles;
.6 Egress and
entry 7:00 a.m. to 7:00 p.m.
13.7.2 This permit may be
combined with and made part of a Contractor Home Occupation
Special Permit.
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13.8 CONTRACTOR
HOME OCCUPATION:
13.8.1 The purpose of Contractor Home Occupation
special exception is to permit a resident to conduct activity on residential
property necessary for the functioning of a Building, Construction, or similar
income-producing business. The permitted
uses would include
accessory use customary with and incidental to the permitted use including the
operation of a business office within the residential dwelling or accessory
building, the storage of commercial vehicles and contractor equipment, the use
of accessory buildings for storage and maintenance, and the employing of
non-family related individuals to work upon the residential property.
13.8.2 This use will be considered in any
residential district provided that it meets the following requirements:
.1 The
conditions for storage of vehicles and equipment set forth in Sections
13.7.1
subsections .1,
.3, .4, and .6;
.2 The storage area shall be
screened at all seasons from streets and lots by a buffer strip with a minimum
width of 30' in addition to required setbacks.
Screening may be accomplished by use of the following: existing structures, fencing, natural or
ornamental vegetation, earth embankments, or any suitable alternative
consistent with surrounding areas;
.3 Minimum lot
size shall be 5 acres. Side and rear
yard setback requirements will be as per R-80 zones. A waiver of this requirement may be granted
upon request of the applicant if the following are true:
.1 The equipment
used is characteristic of residential neighborhood and does not
exceed
on business vehicle per acre;
.2 No on-site fabrication is
necessary to perform the business;
.3 No outdoor
storage of inventory is necessary to maintain the business.
If a waiver request is
granted, existing side and rear setbacks for the given zones will be used. The storage buffer strip of 30 feet may be
reduced by the Commission if on-site characteristics permit.
.4 Actual
service to the general public to be performed off the premises;
.5 The owner of
the contracting business shall be a resident and owner of the premises;
.6 The contracting services
provided shall not be detrimental to the health, safety, comfort, or general
welfare of the community;
.7 Such
occupation shall not create objectionable noise, smoke, odor, toxic fumes,
vibration
or unsightly conditions that would set the dwelling apart in its surroundings
or degrade residential property in the neighborhood;
.8 Off-street parking shall be provided;
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.9 Such
occupation shall not create interference with radio or television reception in
the neighborhood;
.10 Such
occupation shall comply with all applicable state and federal regulations.
13.8.3
In addition to the requirements of Section 13.1 Application for Special
Exception Permit, the application for the special exception herein shall
include the nature and scope of the proposed activity including but not
necessarily limited to the following information:
.1 Type of occupation;
.2 Number of non-residential
employees;
.3
Number and type of vehicles;
.4 Location of on-site fuel
storage;
.5 Location of open storage of materials;
.6 Location of
accessory structures associated with home occupation;
.7
Percentage of residential dwelling to be used for home occupation;
.8 Location of off-street
parking areas.
The special
exception granted shall be limited to the scope and nature of the activity as
specifically described in the application.
Intensification of scope and nature with regard to any of the elements
set forth herein shall require 30 day advance written notice to the Zoning
Commission which shall thereafter determine whether the change is substantial
enough to require application for a new special exception permit.
13.8.4 Upon review by the Commission, any special
exception permit will be revoked if the
permittee has violated, or allowed
to be violated, any provisions of these regulations or
any condition of the permit.
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13.9 CHILD DAY CARE CENTER:
Child day care centers may be
operated in any residential districts provided that they meet the following
conditions:
13.9.1
All of the requirements of the Public Health Code of the State of Connecticut
as may apply to Day Care Centers.
13.9.2
All of the requirements of the Connecticut Basic Building Code as may
apply to Day Care Centers.
13.9.3 All of the requirements of the
Administrative Regulations of
the Connecticut State
Police Department.
Connecticut State Fire Safety Code as may apply to Day Care
Centers.
13.9.4 Off-street parking shall be provided and an
area for loading and unloading of children
from a vehicle shall be provided on the property.
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13.10 HOME HUSBANDRY
13.10.1 Livestock and/or poultry may be kept for
private home use in any residential district
providing a special permit is issued for the activity as
stipulated by this section.
Any and all commercial activity
involving livestock and/or poultry shall only be permitted on a farm as defined
by these regulations. Such activities
shall comply with all applicable local, state and federal health, air and water
pollution regulations.
13.10.2 Purpose:
The purpose of the Home Husbandry section is
to permit the conduct of livestock and/or poultry keeping for non-commercial
private home use only where the site specific characteristics of a proposed
area are compatible with such a use.
13.10.3 Special Permit
Required:
.1 No person shall keep or
maintain livestock and/or poultry within the Town of Ledyard
without first obtaining a special permit from the Zoning Commission after a
public hearing. A commercial farming
operation raising animals for agricultural purposes is exempt from this
regulation;
.2 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
Commission. Each application for a
permit will contain a sketch map to scale showing:
.1 Boundary lines, dimensions,
name(s) of record owner(s), zoning district, and area of applicant property and
adjacent properties within five hundred (500) feet of applicant property;
.2 The amount of contiguous
area available to keep the livestock and/or poultry;
.3 The location of all
wetlands and watercourses on applicant's property and abutting properties as
depicted on the Town of Ledyard Official Wetlands
and Watercourses Map;
.4 The location of existing
or proposed on-site utility systems including wells, septic tanks and leaching
fields for applicant property and abutting properties;
.5
The location, type and size of fences and shelters to be used for
animal
keeping;
.6
The distances from .5 above to: property lines, streets, houses on
abutting
properties, and wells on applicant and abutting
properties;
.7
The total number and type of livestock and/or poultry to be kept.
.3 The Zoning Commission shall
inspect or have inspected the premises before issuing a
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special
exception 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;
.4 The special exception shall
be of indefinite duration, but subject to revocation for violation of any
section of these regulations or failure to keep current information required by
Section 13.10.3.2 above or for good cause.
13.10.4 Ownership:
Livestock and/or poultry kept
for personal use must be owned by residents or owners of the premises on which
they are kept.
13.10.5 Standards for Livestock and/or
Poultry Keeping:
.1 Confinement:
An
appropriate shelter shall be provided for the keeping of livestock and/or
poultry.
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.
An
appropriate insect and rodent proof method of feed storage shall be provided.
.2 Setback:
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.
The Commission may require
greater set-back distances as it deems appropriate in insuring the public
welfare.
.3 Health:
The living quarters of the
livestock and/or poultry and the handling and disposal of solid
and liquid wastes must 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
Zoning Commission, or the Zoning and Inland Wetlands Officer.
.1 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.
.2 No
persistent, offensive odors shall be detected off the premises.
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.3
The use shall conform to all applicable local, state and federal health,
air and
water pollution regulations.
13.10.6
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. The maximum
number of animals permitted is five (5) in the livestock
category and twenty-five (25) in
the
poultry category.
BEEF
CATTLE....Minimum shelter space of 10' x 12' per animal.
Minimum yard space - 5,000 sq. ft. per animal for exercise area.
If no pasture, one acre per animal.
DAIRY CATTLE..Minimum shelter space of 10' x
12' per animal.
Minimum yard space - 4,000 sq. ft. per animal.
If no pasture, one acre per animal.
GOATS...............Minimum shelter
space of 20 sq. ft. per animal.
Minimum yard space - 250 sq. ft. of feed lot or exercise area per
head.
If
pastured, 5 goats per acre.
HORSES.............Minimum shelter space 10'x 10' box stall per animal.
Minimum yard space - 7,500 sq. ft. of area to be used for
pasturing,
exercising and
feeding per animal.
RABBITS............Minimum
shelter space - one sq. ft. per pound of rabbit.
A
cage 36" x 36" with 18" of headroom will house an average 9
lb.
rabbit.
SHEEP................Minimum
shelter space of 20 sq. ft. per animal.
Minimum yard space - 300 sq. ft. of feed lot area per animal.
If pastured, 5
sheep per acre.
SWINE................Minimum shelter space of 20 sq. ft. per pig
consisting of a roof and solid
man-made floor (not earth).
Minimum
yard space - 100 sq. ft. per pig.
No
keeping area permitted in wetland or alluvial soils.
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POULTRY..........Minimum:
Laying Hens........Floor area - 3.5 sq. ft. per
bird.
Yard
space - 4-5 sq.
ft. per bird.
Ducks..................Floor area - 4 sq. ft. per bird.
Yard space - 40 sq. ft. per bird.
Geese.................Floor area
- 6 sq. ft. per
bird.
Yard space - 80 sq. ft. per bird.
Turkeys...............Floor
area - 5 sq. ft. per bird.
Yard
space - 4-5 sq. ft. per bird.
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.
All
shelter areas shall be located on moderately well drained and/or well drained
soils.
13.10.7 Conditions of Approval:
.1 The Commission shall
APPROVE/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;
.2 The conditions specified
under Section 13.2 of these regulations do not apply to the special permit
procedures of Section 13.10 herein.
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13.11 BED
AND BREAKFAST OPERATION:
13.11.1
Purpose:
The
purpose of this provision is to allow for the offering of overnight
accommodations
and
breakfast to travelers for a fee in residential areas where a home has unique
structural and/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 development settings in town. 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 nor decrease the aesthetic or real value
of surrounding properties.
13.11.2 Bed and Breakfast operations as defined in
these zoning regulations may be permitted in Residential Districts as a special
exception, provided that in addition to the requirements of Sections 13.1 and
13.2, the following regulations are met:
.1 The applicant must submit
an application for a special permit, together with a site plan in accordance
with Section 13.1 of these regulations.
The Commission may waive the requirement that the site plan bear the
seal of an engineer and/or land surveyor;
.2 As part of the application
for a Bed and Breakfast permit, the applicant shall provide proof that
notification has been given, by certified mail, to all property owners within a
250 foot radius of the applicant's property boundaries;
.3 The applicant shall
provide written confirmation from the Ledyard Health Official that all
requirements of the Public Health Code, as they apply to Bed and Breakfasts,
can be met;
.4 The applicant shall provide
written confirmation from the Ledyard Building Official that all requirements
of the Basic Building Code, as they may apply, can be met;
.5 The applicant shall
provide written confirmation from the Ledyard Fire Marshal that all
requirements of the Connecticut Fire Codes, as they apply, can be met;
.6 Maximum length of stay per
guest is 21 days;
.7 Bed and Breakfasts must be
owner-operated and be the principle residence of the owner. The applicant must be the owner at the time
of application.
.8 Parking for Bed and Breakfasts
must be designated on the submitted site plan.
There shall be at least two off-street parking spaces designated on the
site plan for the owner and one additional off-street parking space for each
guest room. Parking must allow for
access by emergency vehicles, and no cars may be blocked in. Parking for all guests must 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. 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;
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.9 A maximum of five (5)
guests will be allowed at one time;
.10 The
lot on which the Bed and Breakfast is located must consist of a minimum of 5
acres.
.11 Bed and Breakfast
facilities shall be permitted no more than one freestanding sign to identify
the property. The sign shall be no
larger than four square feet in size and shall meet the setback requirements
set forth in Section 10.0 of these regulations.
The sign shall not contain lighting, with the exception of indirect
lighting. The sign must be specifically
reviewed and subject to approval as part of the site plan review for
consistency and compatibility with the zone and neighborhood in which it is located.
.12 The Zoning Commission shall
have the authority to revoke the permit at any time the operation is found to
be in noncompliance with the original permit.
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13.12 COUNTRY INN
13.12.1 Purpose:
The purpose of this section is
to allow for the offering of overnight accommodations and meals to overnight
guests. A secondary purpose is to
provide a venue for corporate meetings, retreats, and social events for a fee
in all zoning districts. The Country Inn
shall not be operated as a restaurant open to the general public in Residential
Zoning Districts.
The characteristics of the
property, structures, and setting that will comprise the proposed Country Inn
operation are of primary importance to the approval process.
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.
Location on arterial or collector roads as designated by the Planning
Commission is a
required
site and setting characteristic, since incremental increases in traffic due to
the operation are easily absorbed on these roads, which are not likely to be
used by children at play. The Zoning
Commission may waive this requirement after evaluating surrounding uses.
The relationship of the property
and its structures to neighboring properties must preserve and protect the
essentially residential characteristics of the area. These regulations are not intended to allow
Country Inn establishments in conventional residential developments or
subdivisions. Country Inn operations
shall not infringe upon the privacy, peace and tranquility of surrounding
residents nor decrease the aesthetic or real value of surrounding properties.
13.12.2 Country Inn operations as defined in these
regulations may be permitted in all zoning
districts
as a special exception, provided that in addition to the requirements of
Sections 13.1 and 13.2, the following regulations are met:
.1 The applicant must submit
an application for a special permit together with a site plan in accordance
with Section 13.1 of these regulations.
The Commission may waive the requirement that the site plan bear the
seal of a professional engineer and/or land surveyor;
.2 As part of
the application for a Country Inn, the applicant shall provide proof that
notification
has been given to all property owners within a 250-ft. radius of the
applicant's property boundaries;
.3 The applicant shall
provide written confirmation from the Ledyard Health Officer that all
requirements of the Public Health Code, as they apply to Country Inns, can be
met;
.4 The applicant
shall provide written confirmation from the Ledyard Building Official
that all requirements of the Basic Building Code, as they
may apply, can be met;
.5 The applicant
shall provide written confirmation from the Ledyard Fire Marshal that
all requirements of the Connecticut Fire Codes, as they
apply, can be met;
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.6 Maximum length of stay per
guest is 21 days;
.7 Country Inns must be
owner-operated and the principal residence of the owner-operator must be in the
inn. The applicant must reside on the
property at the time of application.
.8 If the applicant currently
has a special permit for a Bed and Breakfast Operation and is applying to
expand to Country Inn Operations, the Bed and Breakfast special permit will
remain valid in the event that a Country Inn permit is denied, however, Section
13.11.2.12 still applies.
.9 Structure
and Site Modifications and Additions
.1 Where
modifications to existing Bed and Breakfast structures or uses are planned, the
structures must be individually approved by the Commission for Country Inn
operations.
.2 Where existing structures
not used in current Bed and Breakfast operations are adapted for reuse as part
of a Country Inn, each structure must be separately approved by the Commission.
Exceptions or
modifications to building or fire codes granted because of the historic nature
of one structure do not necessarily apply to another structure that is being
adapted for reuse. Similarly, exceptions
and modifications granted to one structure do not lapse because of code
requirements for another structure.
.3 One new structure for use
in Country Inn operations may be added to each property, for a maximum of two
structures per property for Country Inn operations.
.4 Reuse
of existing structures, including construction of new additions or structures
must be designed to architecturally complement the historic property and
enhance the setting. Architectural
designs must 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.
.10 The
parcel or lot on which the Country Inn is located shall consist of a minimum
of
5 acres. If the Country Inn contains dining facilities
as an accessory use, the minimum lot size shall be 6 acres.
.11 A
maximum of 32 overnight guests will be allowed in two structures, a maximum
of
16 overnight guests per structure.
.12 If
dining facilities are part of the Country Inn, the dining and lodging
facilities of the
establishment shall be under common ownership and
management.
Indoor dining facilities seating capacity shall be limited to a maximum
of 64 seats.
.13 Parking for Country Inns
must be designated on the submitted site plan.
There shall be at least two off-street parking spaces designated on the
site plan for the owner and one
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additional
off-street parking space for each guest room.
In addition, there shall be one additional off-street parking space for
each employee on the largest shift.
Parking must allow for
access by emergency vehicles and no cars may be blocked in. All parking must 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.
.14 Country Inn operations
shall be permitted no more than one freestanding sign. The sign shall be no larger than nine square
feet in size and meet the setback requirements set forth in Section 10.00 of
these regulations. The sign shall be
illuminated only by use of indirect lighting.
The sign must be specifically approved by the Commission as part of the
site plan review for consistency and compatibility with the zoning district
and neighborhood in which it is located.
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