LEDYARD, CT

Planning & Development Information -
Zoning Regulations

 

While we make evey effort to keep these regulations up to date, they are provided for information only. The official regulat ions are available at Town Hall, 741 Colonel Ledyard Hwy., Ledyard, CT 06339

TOWN OF LEDYARD
ZONING REGULATIONS
APPROVED OCTOBER 11, 2012
EFFECTIVE OCTOBER 18, 2012
Revised To: August 8, 2016

 
SECTION 1.0: AUTHORITY, PURPOSE, ADOPTION, RETROACTIVITY, & SEVERABILITY   

1.1         Authority
1.2         Purpose                                                                                                                               1.3         Adoption
1.4         Retroactivity
1.5         Severability

SECTION 2.0: DEFINITIONS

2.1        Interpretation and Use of Words
2.2        Definitions 

SECTION 3.0:      ESTABLISHMENT OF DISTRICTS

3.1          Zoning Districts
3.2          Zoning Map
3.3          Zoning District Boundaries
3.4          Uses by District

SECTION 4.0:      ZONING DISTRICT REGULATIONS

4.1          High Density Residential District (R-20)
4.2          Medium Density Residential District (R-40)
4.3          Mobile Manufactured Home Land Lease Community (RM-40)
4.4          Low Density Residential District (R-60)
4.5          Rural Residential District (R-80)
4.6          Ledyard Center Village District-1 (LCVD-1)
4.7          Ledyard Center Village District-2 (LCVD-2)
4.8          Ledyard Center Village District-3 (LCVD-3)
4.9          Multi Family Village District (MFVD)
4.10        Gales Ferry Design District-1 (GFDD-1)
4.11        Gales Ferry Design District-2 (GFDD-2)
4.12        Resort Commercial Cluster District-1 (RCCD-1)
4.13        Resort Commercial Cluster District-2 (RCCD-2)
4.14        Industrial District (I)
4.15        Commercial Marine District (CM)
4.16        Neighborhood Commercial District (NC)
4.17        Commercial Industrial District (CIP) 

                                                                        
SECTION 5.0:      CONSERVATION & OPEN SPACE SUBDIVISION DEVELOPMENTS

5.1          Conservation Subdivision Developments
5.2          Open Space Subdivision Developments

SECTION 6.0:      SITE PLANS AND SITE PLAN REVIEW

6.1          Site Plans
6.2          Application Procedures
6.3          Review Procedures
6.4          Certificate of Use and Compliance
6.5          Site Plan Expiration
6.6          Site Plan Requirements
6.7          Additional Site Plan Requirements by District

SECTION 7.0:      SPECIAL PERMITS

7.1          Purposes and Authority
7.2          Application for Special Permit
7.3          Special Permit Objectives
7.4          Public Hearing
7.5          Conditions of Approval
7.6          Enforcement
7.7          Amendments or Modifications to Special Permits                                                                            

SECTION 8.0:      SUPPLEMENTAL REGULATIONS

8.1          Accessory Apartment (In-Law Suite)
8.2          Accessory Structures and Uses
8.3          Antennas & Antenna Towers
8.4          Assisted Living for Senior Citizens
8.5          Bed and Breakfasts
8.6          Campgrounds
8.7          Cemeteries
8.8          Child Day Care Center
8.9          Construction Trailers
8.10        Country Inn
8.11        Dwellings, Multiple Family (Apartments, Condominiums, Townhouses)
8.12        Dwelling, Single-family
8.13        Dwelling – Two-family (Duplex)
8.14        Family Day Care Home
8.15        Farm Stands
8.16        Home Husbandry
8.17        Home Occupations
8.18        Hoop Houses
8.19        Kennels
8.20        Mobile Manufactured Home Land Lease Communities
8.21        Nursing Home and Residential Care Home
8.22        Portable Storage Units
8.23        Recreational Vehicle and Power Equipment Vehicles Sales and Service
8.24        Sawmills - Temporary
8.25        Transformer Substation

SECTION 9.0:     SIGNS

9.1          General Requirements
9.2          General Sign Standards
9.3          Additional Sign Standards for Specific Districts
9.4          Application for Sign Permit
9.5          Issuance of Sign Permits, Fees, & Expiration of Sign Permits
9.6          Hazardous, Obsolete, and Non-Conforming Signs
9.7          Violations and Removal of Unlawful or Unsafe Signs                                                                       

SECTION 10.0:    OFF-STREET PARKING AND LOADING

10.1        General Requirements
10.2        Residential Districts (R-20, R-40, R-60, R-80)
10.3        Mobile Manufactured Home Land Lease Community (RM-40)
10.4        Ledyard Center Village Districts (LCVD-1, LCVD-2, LCVD-3)
10.5        Gales Ferry Design Districts (GFDD-1, GFDD-2)
10.6        Commercial, Industrial, & Special Use Districts (I, CM, NC, CIP)
10.7        Shared Parking
10.8        Assisted Living for Seniors
10.9        Bed and Breakfasts
10.10     Country Inn
10.11     Home Occupations
10.12     Residential Care Home

SECTION 11.0:    ALTERNATIVE ENERGY SYSTEMS

11.1        Small Wind Energy Systems
11.2        Solar Energy Systems

SECTION 12.0:    NATURAL RESOURCES

12.1        Coastal Area Management
12.2        Soil Erosion and Sediment Control Plan
12.3        Flood Protection
12.4        Soil, Gravel and Stone Removal

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

13.1        Non-Conforming Uses, Structures, and Property

SECTION 14.0:    MISCELLANEOUS

14.1        Changes in Use in Village, Design, and Commercial Districts
14.2        Prohibited Uses
14.3        Building on Non-Conforming Lots
14.4        Finish Grading
14.5        Replacement of Lawful Nonconforming Mobile Homes
14.6        Handicap Ramps for Residential Purposes
14.7        Interior Lots
14.8        Junk and Hobby Motor Vehicles
14.9        Affordable Housing Applications That Seek a Change of Zone   

SECTION 15.0:    ADMINISTRATION AND ENFORCEMENT

15.1        Interpretation
15.2        Duties of the Zoning Official in Support of the Commission
15.3        Enforcement
15.4        Permits
15.5        Cease and Desist Order
15.6        Violation Procedure
15.7        Bonding
15.8        Procedure for Changing Zoning Districts and Zoning Regulations
15.9        Zoning Board of Appeals
15.10     Agenda Scheduling
15.11     Aquifer Protection Agency
15.12     Fees

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SECTION 16.0:    RELATED TOWN REGULATORY MATERIAL

16.1        Related Town Regulatory Material

SECTION 17.0:    AMENDMENTS

ATTACHMENT A:              SCHEDULE OF PERMITTED USES (Amended-8/8/2016)

ATTACHMENT B:              AREA AND BULK TABLE (Drawings)

ATTACHMENT C:                PARKING

ATTACHMENT D:              DESIGN GUIDELINES (Large File 9 Mb)

SECTION 1.0:      AUTHORITY, PURPOSE, ADOPTION, RETROACTIVITY, & SEVERABILITY

1.1          Authority

A.    These regulations are enacted pursuant to the provisions of Chapter 124, Connecticut General Statutes, Revision of 1958 as amended.

1.2          Purpose

A.    The purpose of these regulations is to promote the health, safety and general welfare of the community; to conserve the value of property and encourage the most appropriate use of land throughout the Town; to lessen congestion in the streets; to avoid undue concentration of population; to secure safety from fire; to facilitate adequate provision for transportation, water, sewerage, schools, parks, recreation and other public requirements; to provide for the Public Health, comfort and general welfare in living and working conditions and to regulate and restrict the location and time of operation of trades and industries and the location of buildings/structures for specific uses; to regulate and limit the height and bulk of buildings/structures hereafter erected; to regulate and determine the area of yards, courts and other Non-Developed Land for building hereafter erected in the Town of Ledyard; to conserve and improve the physical appearance of the Town.

1.3          Adoption

A.    These regulations are adopted in accordance with the provisions for notice and public hearing set forth in §8-3, Connecticut General Statutes, Revision of 1958, as amended.

1.4          Retroactivity

A.    Nothing herein contained shall require any change to approved site plans, or to the construction or designated use of a building for which a building permit has been issued and construction shall have commenced, based upon regulations in effect prior to the effective date of these regulations (or any amendment thereto) if the development work is completed according to such plans within the period of time specified by CGS §8-3(i) & CGS §8-3(j).  "Work" for purposes of this subsection, means all physical improvements required by the approved plan.  The Commission can grant extensions as provided by law.

1.5          Severability

A.    If any part of these Zoning Regulations, the Attachments to these Zoning Regulations, and/or the Ledyard Zoning Map, is declared invalid and/or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of these Zoning Regulations, the Attachments to these Zoning Regulations, and/or the Ledyard Zoning Map, which shall remain in full force and effect.

SECTION 2.0:      DEFINITIONS

2.1          Interpretation and Use of Words

A.    The following terms shall be interpreted as follows:

(1)      The masculine includes the feminine,
(2)      The singular includes the plural and the present tense includes the future tense,
(3)      The word "person" includes an individual, firm or corporation, limited liability company, trust, and federally recognized tribe,
(4)      The word "shall" is always mandatory; the word “may” is permissive or discretionary,
(5)      The word "lot" includes the word "plot" or "parcel,”
(6)      The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied,"
(7)      Any reference to a residence or residential district shall be interpreted to mean any district with the word "residence" in its title,
(8)      A building or structure includes any part thereof,
(9)      The words “zone”, “zoning district”, and “district” have the same meaning,
(10)   The words “these regulations,” “the regulations,” “said regulations,” “the zoning regulations,” and “said zoning regulations,” shall be deemed to refer to the Zoning Regulations of the Town of Ledyard as may be amended.

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2.2          Definitions

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

ACCESSORY APARTMENT (IN-LAW SUITE): A dwelling unit that (a) is (i) attached to or a part of the main living unit of a house that has an external appearance of a single-family dwelling indistinguishable from other single-family dwellings, (ii) has a full kitchen, (iii) has a size of not more than thirty (30) percent of the total square footage of the house, (iv) has an internal doorway connecting to the main living unit of the house, (v) is not billed separately from such main living unit for any utility service, and (vi) complies with the building code and health and safety regulations  (Reference: CGS §8-30-g-(k)); or  (b) is located above or behind a principal non-residential use to provide housing for the proprietor or caretaker, and his family, of the principal use.

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

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

ACRE:  For the purposes of these regulations, a parcel of land that contains 40,000 square feet.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BUILDING SETBACK LINE – FRONT: A line delineating the minimum allowable distance between the center line of the traveled portion of a lot’s abutting public or private street or public or private road right-of-way, or the center-line of an official future street right-of-way line, and the front of a building on that lot.  The front building setback line extends the full width of the lot and is parallel to, or concentric, with the right-of-way.

BUILDING SETBACK LINE – REAR: A line delineating the minimum allowable distance between the rear property line and a building on a lot (other than for permitted accessory structures).  The rear setback line extends the full width of the lot.

BUILDING SETBACK LINE – SIDE: A line delineating the minimum allowable distance between the side property line and a building on a lot.  The rear setback line extends the front building setback line to the rear building setback line.

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

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

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

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

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

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

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

CLINIC: A place for the treatment of outpatients.

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

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

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

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

COMMISSION: The Planning and Zoning Commission of the Town of Ledyard.

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

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

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

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

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

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

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

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

COUNTRY INN: A property providing, for a fee, overnight accommodations, meals, and a venue for corporate meetings, retreats, and social events, and which may include a restaurant that can be open to the general public.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FILING, MAJOR: The excavating or relocating or the movement of three hundred (300) cubic yards or more of topsoil, sand, gravel, clay, stone or other materials to, on, or from any lot.

FILLING, MINOR:  The excavating or relocating or the movement of less than three hundred (300) cubic yards topsoil, sand, gravel, clay, stone or other materials to, from, or on any lot.

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

FOUNDATION: A masonry substructure of a building.

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

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

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

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

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

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

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

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HEIGHT:  A vertical distance of the highest point on the main roof to a point on a plane having an elevation of the average finished grade of the ground within ten (10) feet of the walls of the building.

HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the state inventory of historic places; or (d) individually listed on the local inventory of historic places that have been certified

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LIVESTOCK:  See “Farming”

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

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

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

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

LOT LINE, FRONT: A line dividing a lot from a public or private road, street, or right-of-way.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OPEN SPACE SUBDIVISION:  A subdivision or re-subdivision of land in the Town of Ledyard into individual single-family residential building lots with respect to which not less than sixty (60%) percent of the total area of the land subdivided shall be permanently dedicated as active or passive open space, and with respect to which setbacks and density shall be based upon the applicable provisions of the Ledyard Subdivision and Zoning Regulations for open space subdivisions, and not upon the bulk requirements in the underlying residential Zoning District, and which otherwise comply with all municipal requirements of the Town of Ledyard.

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

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

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

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

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

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

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

PROHIBITED USES: Uses not listed in Attachment A.  However, if a use that is omitted in Attachment A is equivalent or similar to a listed permitted use, as determined by the Commission upon request, the use is a permitted use that is subject to the same constraints as is the equivalent or similar listed use.

PROPERTY: A lot including all buildings or improvements thereon.

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

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

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

RECREATIONAL FACILITY: Outdoor or indoor facilities designed for leisure activities 

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

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

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

RELIGIOUS USE: A building, facility, or main activity area, and its accessory buildings and uses, wherein persons regularly assemble for worship together.

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

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

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

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

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

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

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

ROOMER: One who occupies a rented room in a single-family dwelling.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SIGN – IDENTIFICATION: A sign that is attached to or projects from a building facade or other building surface and identifies the name, business, address, and/or use of the building.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SPECIAL PERMIT (ALSO KNOWN AS A SPECIAL EXCEPTION): A special permit allows a use which is generally compatible with the zoning district but requires special attention as to its location, design, appearance, and/or method of operation in order to keep it consistent with uses permitted as of right in the district. 

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date.  The actual start means either:

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

STATUTORY DATE OF RECEIPT:  The date of the next regularly scheduled meeting of the Commission, or 35 days, whichever is less, after receipt of an application.

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

SUBSTANTIAL IMPROVEMENT: Any combination or repairs, reconstruction, alteration, or improvements to a structure, taking place during a ten (10) year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures that have “substantial damage,” regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Zoning Official and are solely necessary to assure safe living conditions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ZONING:  The public regulation of land use and the intensity of such uses.

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

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

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SECTION 3.0:      ESTABLISHMENT OF DISTRICTS

3.1          Zoning Districts

R-20
High Density Residential District
20,000 sq. ft. min.

R-40
Medium Density Residential District
40,000 sq. ft. min.

RM-40
Mobile Home Retirement Village
10 acres minimum

R-60
Low Density Residential District
60,000 sq. ft. min.

R-80
Rural Residential District
80,000 sq. ft. min.

LCVD-1
Ledyard Center Village District – 1
(See §4.6 & Design Guidelines)

LCVD-2
Ledyard Center Village District – 2
(See §4.7 & Design Guidelines)

LCVD-3
Ledyard Center Village District – 3
20,000 sq. ft. min. (See Design Guidelines)

MFVD
Multi Family Village District
20,000 sq. ft. min. (See Design Guidelines)

GFDD-1
Gales Ferry Design District
25,000 sq. ft. min. (See Design Guidelines)

GFDD-2
Gales Ferry Design District
25,000 sq. ft. min.

RCCD-1
Resort Commercial Cluster District
200,000 sq. ft. min.

RCCD-2
Resort Commercial Cluster District
200,000 sq. ft. min.

I
Industrial District
200,000 sq. ft. min.

CM
Commercial Marine
40,000 sq. ft. min.

NC
Neighborhood Commercial
40,000 sq. ft. min.

CIP
Commercial Industrial Park
40,000 sq. ft. min.

3.2          Zoning Map

A.    The boundaries of said districts shall be shown on a map entitled: "Zoning Map of the Town of Ledyard" which is on file in the Office of the Town Clerk of Ledyard. Such maps and any duly adopted revisions thereto, with the explanatory matter thereon, are a part of these regulations as if set forth herein.

3.3          Zoning District Boundaries

A.    The District boundary lines are intended generally to follow the center line of streets, and similar rights-of-way, rivers, lot lines, or town boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated. In case of uncertainty as to the true location of a District boundary line in a particular instance, the Commission shall make the determination from the official records.

3.4          Uses by District

A.    The Schedule of Permitted Uses, “Attachment A,” establishes the permitted uses for each District:
(1)      Any use marked “P” is a permitted use by-right, subject to these regulations, and is normally approved by the Zoning Official.  The Commission may, upon the request of the Zoning Official, review and approve “by-right” uses.
(2)      Any use marked “P(CR)” is a permitted use by-right, subject to these regulations, that requires a site plan review and approval by the Commission
(3)      Any use marked “S” is a permitted use by special permit, subject to these regulations, if it satisfies the purpose of the District, and does not constitute a risk to public health, safety, convenience, and property values.  A public hearing, site plan review, and approval by the Commission are required for “(S)” applications.
(4)      Any use not listed or otherwise permitted in a District is prohibited unless the Commission determines, upon request, that a proposed use is sufficiently similar and/or equivalent to a listed permitted use.
 

SECTION 4.0:      ZONING DISTRICT REGULATIONS

4.1          High Density Residential District (R-20)

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

4.2          Medium Density Residential District (R-40)

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

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

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

4.4          Low Density Residential District (R-60)

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

4.5          Rural Residential District (R-80)

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

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

A.    Purpose: To encourage the development of a New England Village Center, identifiable as the center of the community, through the concentration of commercial businesses along a main street. The Commission established this Village District in accordance with §8-2j of the Connecticut General Statutes and the Plan of Conservation and Development (POCD).  The LCVD-1 District is the central area of the Village District.
B.    Strict architectural syntax is required.  See Attachment D –  “Design Guidelines” (§II).
C.    Changes in Use shall be in conformance with §14.1.
D.    10% Recreational space is required.
E.    There are no minimum lot sizes or widths.
F.    Ten (10) foot sidewalks are required.
G.   Uses are limited to commercial, or mixed use commercial with optional one or two bedroom apartments if they are not on the ground floor.
H.    Most new structures shall be built to the sidewalk.  See Attachment D –  “Design Guidelines” (§II).
I.     All proposed development, or substantial rehabilitation, may be reviewed by the Architectural Review Board  (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts.  The ARB will make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.
J.     Prohibited uses include:
(1)      Uses with a high potential to contaminate ground or surface water;
(2)      Uses incompatible with the purpose of the District;
(3)      Uses that will generate noise, create risk to personal safety, and/or produce vibration, smoke, fumes, or odors that may be offensive and/or detrimental to nearby property owners or property users;
(4)      Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and
(5)      Standalone parking lots, including recreational vehicle parking lots.

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

A.    Purpose: To encourage development of a New England village center identifiable as the center of the community, through the concentration of commercial businesses, mixed with residential uses, along a main street. The Zoning Commission of the Town of Ledyard established this Village District in accordance with §8-2j of the Connecticut General Statutes.  The LCVD-2 District generally abuts the LCVD-1 central area to the east.
B.    Strict architectural syntax is required.  See Attachment D – “Design Guidelines” (§II).
C.    Changes in Use shall be in conformance with §14.1.
D.    10% Recreational space is required.
E.    There are no minimum lot sizes or widths.
F.    Ten (10) foot sidewalks are required.
G.   Uses are limited to commercial, or mixed commercial with optional one or two bedroom residential units if they are not on the ground floor.
H.    Most new structures, if residential, shall be built to the sidewalk or within ten (10) feet of the sidewalk.  See Attachment D –  “Design Guidelines” (§II).
I.     This district also permits multi-family dwellings of up to 75% of the lot, or of the building usage, if the remaining balance of the lot or building usage is developed as a commercial use, or an equivalent area of a different parcel in the LCVD-1 or LCVD-2 is developed commercially.  Each multi-family dwelling unit shall have one (1) or more bedrooms. 
J.     All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board  (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts.  The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

K.    Prohibited uses include:
(1)      Uses with a high potential to contaminate ground or surface water;
(2)      Uses incompatible with the purpose of the District;
(3)      Uses that will generate noise, create risk to personal safety, and/or produce vibration, smoke, fumes, or odors that may be offensive and/or detrimental to nearby property owners or property users;
(4)      Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses, rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and
(5)      Standalone parking lots, including recreational vehicle parking lots.
4.8          Ledyard Center Village District-3 District (LCVD-3)
A.    Purpose: To encourage transition between the developed New England village center, identifiable by Mixed Uses, and the surrounding residential areas. The Commission established this Village District in accordance with §8-2j of the Connecticut General Statutes.   The LCVD-3 district is the immediate area abutting the LCVD-1 area to the west. 
B.    Strict architectural syntax is required.  See Attachment D – “Design Guidelines” (§II).
C.    Changes in Use shall be in conformance with §14.1.
D.    10% Recreational space is required.
E.    The minimum lot size is 20,000 square feet
F.    Five (5) foot sidewalks are required.
G.   Uses may be commercial, or mixed commercial with optional one or two bedroom apartments if not on the ground floor.
H.    Structures do not have to be built to the sidewalk, or within a certain distance of the sidewalk.
I.     Structures require a minimum of a 30-foot setback from the center of the roadway, and other conventional bulk requirements.
J.     This district permits multi-family (apartments) and condominiums of up to 75% of the lot, or of the building usage, if the remaining balance of the lot or building usage is developed as a commercial use, or an equivalent area of a different parcel in the LCVD-1 or LCVD-2 is developed commercially.  Each multi-family dwelling unit shall have one (1) or more bedrooms.
K.    This district permits single-family dwellings on interior lots.
L.     This district permits standalone two bedroom apartments (multi-family structures) and condominiums.
M.  This district permits standalone commercial structures.  (See Attachment A – “Schedule of Permitted Uses”).
N.   A single-family dwelling may not have more than two (2) roomers or two (2) boarders at any time.
O.   All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board  (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts.  The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.

P.    Prohibited uses include:
(1)      Uses with a high potential to contaminate ground or surface water;
(2)      Uses incompatible with the purpose of the District;
(3)      Uses that will generate noise, create risk to personal safety, and/or produce vibration, smoke, fumes, or odors that may be offensive and/or detrimental to nearby property owners or property users;
(4)      Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses, rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and
(5)      Standalone parking lots, including recreational vehicle parking lots.

4.9          Multi-Family Village District (MFVD)

A.    Purpose: To encourage development of a pedestrian-friendly village environment in Ledyard Center. The Zoning Commission established this Village District in accordance with §8-2j of the Connecticut General Statutes. This District is intended to accommodate only high-density residential development. 
B.    Strict architectural syntax is required.  See Attachment D – “Design Guidelines” (§II).
C.    10% Recreational space is required.
D.    The minimum lot size is 20,000 square feet
E.    The density shall not exceed one (1) dwelling unit per 7,500 square feet of lot area.
F.    Five (5) foot sidewalks are required.
G.   Structures do not have to be built to the sidewalk, or within a certain distance of the sidewalk.
H.    Structures require a minimum of a 30-foot setback from the center of the roadway, and other conventional bulk requirements.
I.     This district only permits multi-family, condominiums, cooperatives, and townhouses. 
J.     There is no limit on the number of bedrooms per dwelling unit.
K.    All proposed development, or substantial rehabilitation, will be reviewed by the Architectural Review Board  (ARB) to determine compliance with the Design Guidelines (Attachment D) for the Ledyard Center Village Districts.  The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.
L.     Prohibited uses include:
(1)      Uses with a high potential to contaminate ground or surface water;
(2)      Uses incompatible with the purpose of the applicable Village District;
(3)      Uses that will generate noise, create risk to personal safety, and/or produce vibration, smoke, fumes, or odors that may be offensive and/or detrimental to nearby property owners or property users;
(4)      Correctional facilities, alternate incarceration centers, methadone clinics, halfway houses, rooming houses, adult entertainment stores, tattoo and/or body piercing studios, and pawnshops; and
(5)      Standalone parking lots, including recreational vehicle parking lots.

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

A.    The GFDD-1 District is a subset of the Gales Ferry Design District.  Its Purpose is to encourage commercial development to be pedestrian-friendly and is of a unified design and scale suitable to create a higher density in Gales Ferry Village.   These regulations are intended to attract and encourage family activities.  In addition, the District is intended to:
(1)      Encourage a blend of low intensity commercial, civic, and residential architectures and land uses.
(2)      Encourage cohesive architectural and site design.
(3)      Establish a coordinated pattern of land development which insures safe access and movement of pedestrians and vehicles, and which minimizes curb cuts and maximizes connections to adjacent properties.
(4)      Encourage placement of primary structures closer to the street; to increase business exposure; to minimize sign clutter by reducing the need for redundant signs; to reduce traffic speeds; to discourage widening of streets and highways; and to discourage development with dominant front parking lots.
B.    Proposed development, or substantial rehabilitation, may be reviewed by the Architectural Review Board  (ARB) to independently determine compliance with the Design Guidelines (Attachment D).  The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.
C.    Strict architectural syntax is encouraged.  See Attachment D – “Design Guidelines” (§III).
D.    Changes in Use shall be in conformance with §14.1.
E.    Multiple uses may be combined on a single lot or within a single structure, provided that all standards for each individual use are met.

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

A.    The GFDD-2 District is the subset of the Gales Ferry Design District that falls south of the eastern intersection of Christy Hill Road and Rt. 12 and runs along both sides of Rt. 12.  Its purpose is the same for as the GFDD-1 District, except that the GFDD-2 District is intended to also permit a wider range and a more intensive mix of commercial and residential uses. 
B.    All proposed development, or substantial rehabilitation, may be reviewed by the Architectural Review Board  (ARB) to independently determine compliance with the Design Guidelines (Attachment D) for the Gales Ferry Design Districts.  The ARB shall make recommendations to the Commission within 35 days of receipt of an application on whether or not a proposal is compliant with the Design Guidelines.
C.    Strict architectural syntax is encouraged.  See Attachment D – “Design Guidelines” (§III).
D.    Changes in Use shall be in conformance with §14.1.
E.    Multiple uses may be combined on a single lot or within a single structure, provided that all standards for each individual use are met.
F.    Motor vehicles, including boats, that are outside being stored, under repair, or are available, shall be stored or displayed behind the extended front building line in the side or year yard.
G.   Uses shall not discharge volatile organic compounds (VOC’s) that are in excess of DEEP/OSHA limits, or that will create a nuisance or hazard at the property lines.
 
4.12        Resort Commercial Cluster District-1 (RCCD-1)

A.    Purpose:  To encourage development of non-residential commercial land uses that may be related to, but do not constitute, recreational land uses – to the area designated as RCCD-1 on the Zoning Map, while maintaining the character of the surrounding area.  In addition, the RCCD-1 District is intended to:
(1)      Cluster new commercial buildings and parking areas on the most developable land within the District while retaining significant contiguous land areas in a natural or landscaped condition.
(2)      Assure that the design of new structures, parking, access ways and landscaping is compatible with the natural features and topography of the area.
(3)      Limit and control access for new development from public roads so that traffic safety is maintained and a sense of the rural landscape is retained and enhanced.
(4)      Discourage uncoordinated strip commercial development consisting of small, individual, unrelated uses varying unpredictably in type, size, style, access arrangements and environmental impact. Such development is inconsistent with the maintenance of a rural appearance and maximum traffic safety.
(5)      Protect surface and groundwater resources through the careful control of sewage disposal systems and storm water runoff. Require best management practices available for all land uses located in close proximity to aquifer recharge areas.
B.    Maximum building height shall be the height permitted by the Connecticut Building Code for the use and type of building construction, subject to approval by the Fire Marshal if greater than 35’.  However, structures shall be of such height and so located and screened to minimize off-site visual impact.
C.    Traffic management.
(1)      Primary access to development shall be from Route 2.
(2)      Access will be reviewed based on the following:
(a)          Design of access;
(b)          Any proposed or necessary traffic controls;
(c)           Physical features of the site;
(d)          Existing traffic conditions; and
(e)          Any nearby pending development.

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

A.    Purpose:  To encourage development of commercial recreational uses and commercial tourism-oriented uses while maintaining the character of the surrounding area.   In addition, the District is intended to:
(1)      Cluster new commercial buildings and Parking Areas on the most developable land within the District while retaining significant contiguous land areas in a natural or landscaped condition.
(2)      Assure that the design of new structures, parking, access ways and landscaping is compatible with the natural features and topography of the area.
(3)      Limit and control access for new development from public roads so that traffic safety is maintained and a sense of the rural landscape is retained and enhanced.
(4)      Discourage uncoordinated strip commercial development consisting of small, individual, unrelated uses varying unpredictably in type, size, style, access arrangements and environmental impact. Such development is inconsistent with the maintenance of a rural appearance and maximum traffic safety.
(5)      Protect surface and groundwater resources through the careful control of sewage disposal systems and storm water runoff. Require best management practices available for all land uses located in close proximity to aquifer recharge areas.
B.    Maximum building height shall be the height permitted by the Connecticut Building Code for the use and type of building construction, subject to approval by the Fire Marshal if greater than 35 feet.  However, structures shall be of such height and so located and screened to minimize off-site visual impact.
C.    Traffic management.
(1)      Primary access to development in this district shall be from Pequot Trail (off Route 214).
(2)      Secondary or emergency access directly from Route 214 will be reviewed based on the following:
(a)          Design of access;
(b)          Any proposed or necessary traffic controls;
(c)           Physical features of the site;
(d)          Existing traffic conditions; and
(e)          Any nearby pending development.

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4.14        Industrial District (I)

A.    Purpose: To encourage the adoption, continuation and expansion of manufacturing, research, and industrial uses consistent with the rural character and natural resource constraints of Ledyard.
B.    Maximum building height shall be the height permitted by the Connecticut Building Code for the use and type of building construction, subject to approval by the Fire Marshal if greater than 35’.  However, structures shall be of such height and so located and screened to minimize off-site visual impact.
C.    Permitted uses may be conducted outside of a building upon approval of the Commission (by special permit).  However, storage and/or warehousing shall be within a building.
D.    Permitted accessory uses include, but are not limited to, cafeteria-style food service within a building for employees of the principal use; recreational facilities for employees; and child day care facilities for children of employees.
E.    To the extent possible, existing trees, vegetation and unique site features such as stonewalls, ledge faces, kettle holes, and boulder trains shall be retained and protected.
F.    Any disturbed area of a lot which is not used for the location of buildings, structures, accessory uses, parking, loading and storage areas, or similar purposes, shall be landscaped and maintained in such a manner as to minimize storm water runoff.

G.   Perimeter vegetative buffering and/or screening are required to maintain the rural appearance of Ledyard and to protect the values of nearby properties.  Buffers and screening shall be installed to reduce excessive heat, glare, and accumulation of dust, to provide privacy from noise and visual intrusion, and to prevent the excessive runoff of storm water and erosion of soil.
(1)      A perimeter buffer area is required along and within the boundaries of a lot abutting a town road or state highway or abutting any lot within a residential district.
(2)      The minimum width of the perimeter buffer, if required, shall be one hundred (100) feet.  The buffer area shall be free of any structures and parking areas, and shall be maintained in a natural or landscaped state, except for fencing as may be approved by the Commission.
(3)      Where lot size and shape or existing structures make it infeasible to comply with the minimum width of the required buffer, the Commission may modify the width requirement provided that the reduced width meets the purpose of the buffer area.
(4)      The retention of existing topography and vegetation in the buffer areas is preferable to regrading and new plantings.  The Commission may determine if existing conditions will satisfy the purposes of buffering and screening. 
(5)      If natural site conditions are not adequate to meet the purposes of the buffer requirement, the Commission may require a screening fence, earthen berm, and/or evergreen and deciduous plants of such type, height, spacing, and arrangement that will effectively screen the activity on the lot from the adjacent public road and/or residential area.
(6)      A water tower/tank may be constructed without complete screening from adjacent public road and/or residential areas provided:
(a)          The tower/tank is essential to providing for the health and general welfare of the community;
(b)          The location of the tower/tank is not a designated historic site;
(c)           The location of the tower/tank is the optimum site based on the long-term needs of the Town;         
(d)          Technical considerations prohibit adequate screening; and
(e)          Coastal vistas and viewpoints will not be adversely impacted.
H.    The minimum lot width is reduced to 30 feet if a perimeter buffer is not required (does not abut a Town accepted road, state highway, or lot in a residential district).            
I.     The Commission will consider the design of access, proposed or necessary traffic controls, physical features of the access site, and proposed construction designs peripheral to access and related to traffic control, existing traffic conditions, and any nearby pending development.
J.     Use of the property which can reasonably be expected to generate a large volume of traffic may be required by the Commission to provide for entrances to and exit from the property by way of an adjacent and less traveled public highway or frontage road in lieu of direct access from and to a major or more heavily traveled public highway.
K.    The Commission may require minimum sight line distances depending on present and anticipated traffic conditions and posted speed limits (Reference:  Ledyard Ordinance #45)
L.     Vehicle entrances shall be a minimum of 30 feet wide, unless a wider entrance(s) is/are approved by the Commission for safety.  The entrances shall be clearly defined.  The total number of entrances that can safely be accommodated along the road will be a consideration for approval or disapproval of the site plan.  When possible, each development shall be limited to one access point per property.  However, separate access may be approved for employee vehicles and truck traffic, where appropriate.  Where significant truck traffic is anticipated, the Commission may require the construction of a separate truck turning lane at the site entrance.
M.  The Commission may deny an application if the proposed access to a public highway is deemed to create a hazardous condition or when the expected traffic to be generated from the proposed use considered cumulatively with exiting traffic conditions is deemed to cause or worsen hazardous conditions so as imperil public safety.
N.   Parking or loading shall not be located in the perimeter buffer.
O.   Parking and loading areas shall be screened from the public roadway and from adjacent residential properties.
P.    Driveways, parking and loading areas shall be paved of bituminous concrete or other similar material.  Entrances shall be clearly defined by a six (6) inch curb of bituminous concrete.  However, the Commission may approve exemptions for employee parking; storage of vehicles provided such vehicles are not junked or wrecked; and low flow traffic areas.  The exempted areas may be constructed of processed stone with suitable, positively drained, well-graded sub-base gravel.
Q.   Lighting:  Outdoor illumination, including area lighting and floodlighting, shall be designed for safety, convenience and security while minimizing sky glow, safeguarding against discomfort glare, and disability veiling glare, and avoiding trespass lighting and adverse effect from illumination upon the use, enjoyment and value of nearby property and upon the appearance of the community.
R.    The applicant shall identify any hazardous materials and wastes to be associated with the proposed use of the property, and shall provide evidence that all applicable permits and approvals from Federal, State, or local authorities have been or are in the process of being obtained.
S.    Historical and Archaeological Sites:  When a site or portion of a site has been identified by the State Historic Preservation Officer, or the State Archaeologist, as historically significant, the applicant shall identify on the plans the nature and location of the resource, and shall indicate what measures are being taken to protect such resource.
T.    No use shall be permitted which by reason of noise, safety, vibration, fumes, dust, glare or odors are offensive and/or detrimental to nearby property owners or users.
U.   The Commission shall evaluate each proposed use and prohibit any use that has a high potential to contaminate ground or surface waters, or other uses, which are deemed incompatible with the purpose of the district.

4.15        Commercial Marine District (CM)

A.    Purpose: To provide for the appropriate development of waterfront properties and to allow for maximum utilization of water-dependent and water-related uses.
B.    Accessory uses include, but are not limited to, a residence of an owner of a permitted use, an office for a permitted use, dockside facilities such as fuel and ice sales, restrooms, and laundry facilities for overnight boaters in a marina.

4.16        Neighborhood Commercial District (NC)

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

4.17        Commercial Industrial District (CIP)

A.    Purpose: To allow for a mix of commercial and industrial uses which are mutually compatible and which will augment the economic tax base of the Town and the region.
B.    To the extent possible, existing trees, vegetation and unique site features such as stonewalls, ledge faces, kettle holes, and boulder trains shall be retained and protected.
C.    Any disturbed area of a lot or property which is not used for the location of buildings, structures, accessory uses, parking, loading and storage areas, or similar purposes, shall be landscaped and maintained in such a manner as to minimize storm water runoff.
D.    The Commission will consider the design of access, proposed or necessary traffic controls, physical features of the access site, and proposed construction designs peripheral to access and related to traffic control, existing traffic conditions, and any nearby pending development.
E.    Use of the property which can reasonably be expected to generate a large volume of traffic may be required by the Commission to provide for entrances to and exit from the property by way of an adjacent and less traveled public highway or frontage road in lieu of direct access from and to a major or more heavily traveled public highway.
F.    The Commission may require minimum sight line distances depending on present and anticipated traffic conditions and posted speed limits (Reference:  Ledyard Ordinance #45)
G.   Vehicle entrances shall be a minimum of 30 feet wide.  The Commission may approve wider entrances for safety.  The entrance shall be clearly defined.  The total number of entrances that can safely be accommodated along the same road will be a consideration for approval or disapproval of the site plan.  When possible, each development shall be limited to one access point per property.  However, separate access may be approved for employee vehicles and truck traffic, where appropriate.  Where significant truck traffic is anticipated, the Commission may require the construction of a separate truck turning lane at the site entrance.
H.    The Commission may deny an application if the proposed access to a public highway is deemed to create a hazardous condition or when the expected traffic to be generated from the proposed use considered cumulatively with exiting traffic conditions is deemed to cause or worsen hazardous conditions so as imperil public safety.
I.     Driveways, parking and loading areas shall be paved of bituminous concrete or other similar material.  Entrances shall be clearly defined by a six (6) inch curb of bituminous concrete.
J.     Lighting:  Outdoor illumination, including area lighting and floodlighting, shall be designed for safety, convenience and security while minimizing sky glow, safeguarding against discomfort glare, and disability veiling glare, and avoiding trespass lighting and adverse effect from illumination upon the use, enjoyment and value of nearby property and upon the appearance of the community.
K.    The applicant shall identify any hazardous materials and wastes to be associated with the proposed use of the property, and shall provide evidence that all applicable permits and approvals from Federal, State, or local authorities have been or are in the process of being obtained.
L.     Historical and Archaeological Sites:  When a site or portion of a site has been identified by the State Historic Preservation Officer, or the State Archaeologist, as historically significant, the applicant shall identify on the plans the nature and location of the resource, and shall indicate what measures are being taken to protect such resource.
M.  No use shall be permitted which by reason of noise, safety, vibration, fumes, dust, glare or odors are offensive and/or detrimental to nearby property owners or users.
N.   The Commission shall evaluate each proposed use and prohibit any use that has a high potential to contaminate ground or surface waters, or other uses, which are deemed incompatible with the purpose of the district.
O.   Storage and warehousing shall be within a building.  No highly toxic, flammable, odorous, or other hazardous materials shall be stored.
P.    The manufacture, fabrication, processing, compounding, treatment, assembly, maintenance, repair, or packaging of goods or products is permitted provided that all subject operations are conducted within a building or structure designed for such operations and that such operations are not dangerous, obnoxious, or offensive for reasons of noise, odor, dust, smoke, vibrations, glare, refuse, water carried waste, fire, explosion, or toxic fumes.
Q.   Cafeteria-style food service is permitted for employees of the industry.
R.    Fast food restaurants require entry and exit on Route 12.
S.    Open storage is permitted if the material to be stored is confined solely to inventory and equipment held in connection with industrial or commercial operations.  With the exception of necessary access ways, a buffer strip shall be provided for areas within the lot used for open storage which are not otherwise effectively screened from any highway and/or neighboring structures (including parking areas).  The screening shall be a minimum of thirty (30) feet wide and shall be appropriately landscaped to effectively screen such use from public roads and adjacent structures (including parking areas) and/or any interior access drive.
T.    Convenience stores, and gas stations with fast food facilities and drive-thrum’s, are permitted on lots that have street frontage on Route 12.

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SECTION 5.0:      CONSERVATION & OPEN SPACE SUBDIVISION DEVELOPMENTS 

Conservation Subdivision Developments

A.    Applicability

This Section is to provide flexibility in clustering of residential units on areas of a project site best suited for development and to protect the remaining land as open space. The creation of open space is accomplished by permitting flexibility in the minimum lot size normally required in specific zones for residential development. The creation of a Conservation Subdivision is intended to:
(1)      Protect natural streams, water supplies and watershed areas;
(2)      Maintain and enhance the conservation of wildlife, natural, agricultural, or scenic resources;
(3)      Promote conservation of soils, wetlands, and other significant natural features and landmarks;
(4)      Enhance the value to the public of abutting or neighboring parks and unfragmented forests; wildlife preserves, nature reservations or sanctuaries, or other open spaces;
(5)      Enhance public recreation opportunities;
(6)      Preserve historic sites;
(7)      Promote orderly efficient development; and
(8)      Limit the extent of impervious surfaces and control runoff.

Conventional Subdivision                                                                          

Conservation Subdivision

B.    Constraints

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

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

(2)      A Conservation Subdivision Development utilizing a community water system shall not be approved unless the applicant obtains one (1) of the following:
(a)          A Certificate of Public Convenience and Necessity is issued pursuant to Sections 8-25a and 16-262m of the Connecticut General Statutes; or
(b)          A Water Main Extension Agreement is executed by the public water company designated to serve the Conservation Subdivision Development.
C.            Density and Bulk Requirements
(1)      Overall residential density. A residential conservation development shall not contain a total number of dwelling units which exceeds the number which could be permitted if the land were subdivided into conventional lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is located and conforming to all applicable requirements of these zoning regulations.
(2)      Bulk requirements. In order to encourage and enable a conservation subdivision of desirable and imaginative design and to maintain flexibility, specific controls of the bulk and lot coverage of permitted uses and public facilities are not contained in this section. Instead, it is required that the conservation subdivision be developed according to a comprehensive final plan for the overall development, which shall conform to the requirements of this chapter.
(3)      Open space and Number of Lots.
(a)          Each conservation development shall result in the preservation of at least 40% of the gross land area of which at least 15% will be of usable open space, exclusive of streets and other paved areas, for parks, recreation, public trails, conservation, agricultural, or other open space purposes. The result shall be the maximum number of lots in a Conservation Subdivision provided the lots comply with the subdivision regulations and the Connecticut State Public Health Code.
(b)          The open space shall have access, shape, dimensions, character, location, and topography suitable for the purpose intended. In determining which land is to be preserved as open space, the natural and scenic qualities of the site shall be taken into consideration, as well as the ecological significance of the site and its utility as an open space.
(c)           The open space shall be shown on the plat map and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space into perpetuity.
(d)          The applicant shall submit sketch layouts for both conventional subdivision and conservation subdivisions to determine the number of conventional lots, which could be permitted if the land were subdivided in accordance with all applicable regulations of the Zoning Regulations and Subdivision Regulations.
(e)          An applicant may be required to submit sketch layouts for both conventional subdivision and conservation subdivision. After review of the conventional and conservation site layouts, the Commission may, at its discretion, require the applicant to provide a conservation subdivision if it is determined that the conservation subdivision would be consistent with the objectives set forth herein.

5.2          Open Space Subdivision Developments

A.    Applicability
        Open space subdivisions containing single-family residential dwellings only, are a use allowed in all residential zoning districts, subject to approval of an Open Space Subdivision by the Planning & Zoning
Commission pursuant to section 4.9 of the Subdivision Regulations of the Town of Ledyard.
B.    Water system requirements
(1)      An open-space subdivision utilizing a community water system shall not be approved unless one of the approvals noted in Subsections (a) or (b) below is obtained by the applicant:
(a)          A certificate of public convenience and necessity has been issued pursuant to Sections 8-25a and 16-262m of the Connecticut General Statutes; or
(b)          A written water main extension agreement has been approved by the public water company possessing the exclusive service area to serve the area in which the open space subdivision is proposed;
(2)      Any improved, above ground, area belonging to or to be conveyed to a water company in conjunction with the development of an open space subdivision shall not be considered open space for purposes of satisfying the minimum open space dedication requirement for an open space subdivision.
C.    Number of Lots – Policy – The number of lots in an open space subdivision shall be determined based upon:
(1)      The ability of the parcel being subdivided to achieve a minimum dedication of sixty (60%) percent of the parcel as permanently dedicated open space and thereafter complying with the minimum requirements of the Connecticut Public Health Code,
(2)      A minimum lot area shall be based on the ability of the proposed lot to support a single-family residence; and, if applicable, on-site well and septic system in compliance with the Connecticut Public Health Code rather than upon any minimum geometric requirement, and
(3)      The lot density limits in Section 5.2-D of these Regulations.
D.    Number of Lots – Calculations – The maximum number of lots in an open space subdivision shall be determined utilizing the following (Fractional lots shall be rounded down.):
(1)      If the property being subdivided will be developed with on-site sewerage disposal systems and on-site wells - divide the gross parcel area of the parcel being subdivided by the minimum lot area for the underlying zoning district.
            By way of example, if the parcel being subdivided contains 40 acres and is located in an R-60 Zoning District, the gross lot area is 1,742,400 square feet divided by the 60,000 square foot minimum lot area for the underlying zoning district yielding a maximum of 29 lots.

(2)      If the property being subdivided will be developed utilizing either a public water supply or municipal sewers - divide the gross parcel area of the parcel being subdivided by the minimum lot area for the underlying zoning district and multiply by a factor of 1.15.
            By way of example, if the parcel being subdivided contains 40 acres and is located in an R-60 Zoning District, the gross lot area is 1,742,400 square feet divided by the 60,000 square foot minimum lot area for the underlying zoning district yielding 29 lots multiplied by a factor of 1.15, yielding a maximum of 33 lots.
(3)      If the property being subdivided will be developed utilizing both a public water supply and municipal sewers - divide the gross parcel area of the parcel being subdivided by the minimum lot area for the underlying zoning district and multiply by a factor of 1.5.
            By way of example, if the parcel being subdivided contains 40 acres and is located in an R-60 Zoning District, the gross lot area is 1,742,400 square feet divided by the 60,000 square foot minimum lot area for the underlying zoning district yielding 29 lots multiplied by a factor of 1.5 yielding a maximum of 43 lots.
 
E.    Bulk Requirements
(1)      Minimum parcel area prior to subdivision:        40 acres
(2)      Minimum side yard distance:                                  10 feet  (within each lot)
(3)      Minimum both side yards (combined):              25 feet (within each lot)
(4)      Minimum lot rear yard distance:                           30 feet (within each lot)
(5)      Minimum front yard setback:                                 55 feet from centerline of road or 30 feet from the front                                                                                               lot line, whichever is greater.
(6)      Maximum building height:                                       35 feet
(7)      Minimum lot area:                                                       Not Applicable

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SECTION 6.0:      SITE PLANS AND SITE PLAN REVIEW

6.1         Site Plans

A.    Purpose: To help ensure that buildings and land uses are designed and situated so that they will conform to these regulations.
B.    Applicability:  Site plans are required for all development applications and for new or change of uses as shown on ‘Attachment A – Schedule of Permitted Uses”. 

6.2              Application Procedures

A.    Applications for zoning permits must be submitted by the Owner of the property, his agent, or someone acting with the Owner’s consent.
B.    Applications must be on a form provided by the Zoning Office.
C.    For applications for a change of use, or a new or a replacement principal structure, pursuant to §20-300-10b-(b) of the Department of Consumer Protection Rules and Regulations for Professional Engineers and Land Surveyors, a sealed site plan to A-2 survey standards, prepared by a Connecticut licensed land surveyor, shall be required.
D.    Applications shall include the required site plan as part of the development application package, and must be submitted to the Zoning Office no later than five (5) working days before a scheduled regular Commission meeting to either schedule the public hearing, if required, or to conduct a site plan review of the application.  
E.    The statutory date of receipt of a site plan and development package application requiring review by the Commission shall be in accordance with CGS §8-7d(c).
F.    The Commission Site Plan Review fee, or if applicable, the Special Permit fee, as specified in the Fee Schedule, shall be paid at the time of submittal of a complete application.
G.   A previously approved site plan with proposed modifications will be considered a new application, and shall comply with current regulations. 
H.    A new sealed site plan is not necessary if:
(1)      A drawing provided by the Ledyard Land Use Department is submitted in support of a proposed relatively inexpensive unfounded accessory structure, for a home occupation permit where no structures are proposed, or for a replacement sign with no change in the location of the sign – if, as determined by the Zoning Official or the Commission, there is (a) no need to measure, evaluate, and/or map topographic conditions, (b) no need to know the exact location of boundary lines, interior lot lines, and/or street lines, and (c) no need to know the exact locations of existing buildings and the proposed structure, to determine compliance with the zoning regulations, or
(2)      The application consists of a modification to an existing sealed site plan that satisfies all of the requirements listed in the appropriate section of §6.6, together with a letter signed and sealed by a licensed land surveyor confirming that the proposed location of the structure as shown on that modified site plan is in compliance with setback and location requirements, or

(3)      The application, as determined by the Zoning Official or Commission:
(a)          Consists of only a minor modification (such as the addition of a relatively inexpensive, unfounded accessory structure) to an existing sealed site plan;
(b)          There is no additional need to measure, evaluate, and/or map topographic conditions;
(c)           There is no additional need to know the location of boundary lines, interior lot lines, and/or street lines;
(d)          There is no need for additional monumentation;
(e)          The exact horizontal locations of existing buildings and the proposed structure, or other improvements, are not necessary to determine compliance with the zoning regulations;
(f)           The exact vertical locations of existing buildings and the proposed structure, or other improvements, are not necessary to determine compliance with the zoning regulations; and
(g)          The sealed site plan satisfies all of the requirements listed in the appropriate section of §6.6.
I.     The application fee will be waived upon request if the proposed development will be located on Town or state owned land and/or is in support of a Town Council authorized Commission, such as the Cemetery Commission, Library Commission, Historic Commission, Economic Development Commission, Conservation Commission, Planning & Zoning Commission, and similar agencies.
J.     Pursuant to CGS §7-159b, for applications requiring Commission approval, an applicant may request the Commission conduct a pre-application review for the purposes of (a) helping the applicant meet these regulations and goals, (b) to discover in advance what the Commission will allow and to determine how to meet the Commission’s concerns when a formal application is submitted, (c) eliminate misconception and generate suggestions by both sides which solve respective problems and concerns, and (d) to save money for the applicant by avoiding numerous costly revisions to application documents.  A pre-application review shall not be binding on the applicant or the Commission.

6.3          Review Procedures

A.    The Zoning Official shall review all site plans for compliance with the regulations, and make recommendations as appropriate for site plans that will be reviewed by the Commission.
B.    Site plans may be reviewed by outside experts and consultants, as determined by the Commission or Zoning Official.  A fee may be charged to the Applicant for expert outside review as shown by the Fee Schedule.
C.    The Zoning Official will notify the clerk of the adjoining municipality by certified mail for any application for any project on any site in which:
(1)      Any portion of the property affected by a decision is within five hundred (500) feet of the boundary of the adjoining town.
(2)      A significant portion of the traffic to the completed project on the site will use streets within the adjoining town to enter or exit the site.
(3)      A significant portion of the sewer or water drainage from the project on the site will flow through, and significantly impact, those systems within the adjoining town.
D.    The Zoning Official shall review and approve or deny all site plans and development applications that are identified as “P” [by-right uses] in Attachment A “Schedule of Permitted Uses” within sixty-five (65) days of the statutory date of receipt. 
E.    The Commission shall review and approve or deny all site plans and development applications that are identified as “P(CR)” [by-right uses with Commission Review] in Attachment A “Schedule of Permitted Uses” within sixty-five (65) days of the statutory date of receipt. 
F.    For applications that are for uses identified as “S” [special permit uses] in Attachment A “Schedule of Permitted Uses”), the Commission shall schedule and commence the public hearing within sixty-five days of the statutory date of receipt of the application.  The public hearing shall be completed within thirty-five (35) days after the hearing is commenced.  The Commission shall render its decision within 65 days after closing of the public hearing.
G.   The applicant may consent to one or more extensions provided the total extension of all such periods shall not be for longer than sixty-five (65) days, or he may withdraw his application.  In the event of conflict with changing statutory time requirements, the statutory time periods take precedence.
H.    The Commission, in approving any site plan, may require, as a condition of said approval, the applicant to post satisfactory surety in order to assure satisfactory completion of and full compliance with all proposed public improvements, not including buildings, shown on the approved site plan and other approved documents.   Reference “Bonding” in §15.0 “Administration and Enforcement.”
I.     During any site plan review, for an otherwise meritorious application that fails in some minor technical aspect to meet a regulation and is within scope of the original application, the Applicant may agree to an amendment necessary to meet the regulations if doing so will not endanger public safety, health, convenience, or surrounding present or future property values and the purpose of the regulations will be achieved.
J.     Any decision by the Commission to agree to a modification (amendment) of a site plan, or to deny a site plan, shall include the reasons for such modifications or denial on its record.
K.    A Notice of Decision by the Commission will, within fifteen (15) days after such decision is rendered, be (1) sent by certified mail to the person who submitted such plan, and (2) published in a newspaper having a substantial circulation in Ledyard.
L.     The Commission may grant an extension of the time to complete work in connection with such a modified site plan. The Commission may condition the approval of such extension on a determination of the adequacy of the amount of the bond or other surety furnished under this section to assure completion of public improvements.

6.4          Certificate of Use and Compliance

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

6.5          Site Plan Expiration

A.    Nothing herein contained shall require any change to approved site plans, or to the construction or designated use of a building for which a building permit has been issued and construction shall have commenced, based upon regulations in effect prior to the effective date of these regulations (or any amendment thereto) if the development work is completed according to such plans within the period of time specified by CGS §8-3(i) & CGS §8-3(j).
B.    The approval of such site plan shall state the date on which such period expires.
C.    Failure to complete all work within such period shall result in the expiration of the approval of such site plan unless the Commission grants one or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed the time periods in CGS §8-3(i) and CGS § 8-3(j).  “Work” means all physical improvements required by the approved plan. 
D.    If a Commission approved site plan for a non-residential development expires, a new application for development of the property is required which must conform to the regulations that are in effect at the time of reapplication.
E.    Pursuant to CGS §8-3(h), if (1) development work under a Commission approved site plan for a residential development is not completed, (2) the site plan for the residential development has not expired, (3) the original approved site plan was recorded with the Town Clerk, and (4) the applicable zoning regulations for the residential development are amended, the development of the property may conform with the site plan and regulations that were in effect when the original application and site plan were approved, or alternatively, a new application and site plan can be submitted that is in conformance with the regulations that are in effect at the time of reapplication.
F.    For site plans approved by the Zoning Official, the site plan shall automatically expire when the applicable zoning regulations are amended unless a building permit is issued prior to the effective date of the amended regulations.  If a building permit is issued, and the applicable zoning regulations are amended while the building permit is valid, the site plan will automatically expire when the building permit expires unless construction is substantially in progress by that time. 

6.6          Site Plan Requirements

A.    A minimum of two (2) copies of site plans is required for any application.  Applications that require Commission review require an additional eight (8) copies for Commission members.
B.    All site plans shall illustrate the proposed development of the property and shall satisfy the following requirements:
(1)      The site plan shall be drawn at a scale of one inch (1”) equals forty feet (40’), or another scale as may be approved by the Zoning Official or Commission, as appropriate, and shall include the following information:
(a)          The name and address of the applicant and owner of record as listed on the Town's tax roles.
(b)          Date, north arrow, and a numerical and graphic scale on each map.
(c)           A brief written description of the proposed use or uses and the type of work proposed.
(d)          A table or chart indicating the proposed number or type of uses, lot area, lot width, yards, building height, coverage, floor area, parking spaces, existing and proposed impervious cover, total percentage of impervious coverage, landscaping, and non-developed Land or buffer areas as they relate to requirements of the zoning regulations.
(e)          The address of the property and/or parcel identification number.
(f)           Signed permission authorizing Commission members, the Zoning Official, and Town staff to conduct a site walk of the property.  (May contain reasonable dates and time limits)
(g)          The boundaries of the property.
(h)          Location, width and purpose of all existing and proposed easements and rights-of-ways on the property.
(i)            Existing and proposed contours with intervals of two (2) feet, referred to NGVD 29 or NAVD 88 datum.
(j)           Location of all existing wooded areas, watercourses, flood hazard areas, wetlands as confirmed by a certified soil scientist, 200 square feet or larger of ledge, and other significant physical features.
(i)            Where appropriate, the mean high water line, the flood hazard boundaries, and the channel encroachment line should also be shown.
(ii)           If an inland wetlands and watercourses permit is required, an             application to     the wetlands agency shall be made prior to, or on the same day, as submission of the application for the zoning permit.
(k)          Adjacent properties.
(l)            Demarcation line showing CAM boundary.
(m)         An approval block on the site plan for Chairman/Vice Chairman, date of approval, and date of expiration.  (Required only for site plans requiring Commission approval, including site plans submitted as part of special permit applications.)

(2)      Applications that involve Buildings and Land Uses

(a)          Site plan information required per §6.6.B(1).
(b)          Location and building footprint (including decks, overhangs, pools, etc.), design, size (to scale) and height of all existing and proposed buildings and structures, signs, fences, walls and any other structures as may be appropriate.  (Reference the Design Guidelines if in a Design or Village District.)
(c)           Location of all existing and proposed uses and facilities not requiring a building, such as tanks, light standards, dumpsters, transformers, tennis courts, benches and such.
(d)          Setback lines required by zoning.  (See Attachment B – “Area and Bulk Schedules”)
(e)          Actual setback distances.
(f)           Offsets from both principal structures and accessory structures to property lines.
(g)          Well location and/or public water connection.
(h)          Septic system.
(i)            Location of footing and/or gutter drains and their point of discharge.
(j)           Location and height of retaining walls.
(k)          Encroachments on Town property.
(l)            Mapped wetlands, if applicable.
(m)         Landscaping (to acceptable scale).
(n)          Mapped and written description of measures to be taken to minimize the erosion of soil and the deposition of sediments.
(o)          Utility easements.
(p)          A location map providing an accurate scale map at one (1) inch equals one thousand (1,000) feet showing the subject property and all property and streets within 1,000 feet of any part of the subject property, including all lots and lot lines, all District boundaries, and all existing streets and roads. The location map may be included on other plan sheets.

(3)      Applications that require Parking, Loading, and/or Circulation

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Location, arrangement and dimensions of automobile parking spaces, aisles, vehicular drives, fire lanes, entrances, exits and ramps. 
(i)            Any use of property which can reasonably be expected to generate large volumes of traffic may be required by the Commission to provide for entrances to and exits from the property by way of an adjacent and less traveled public highway, or frontage road, in lieu of direct access from and to a major or more heavily traveled public highway. 
(ii)           Site plans shall include a plan for interconnections to adjacent properties, including a plan to reserve land for any future connections. 
(c)           Location, arrangements and dimensions of loading and unloading areas. 
(d)          Location and dimensions of pedestrian walkways, entrances, and exits.
(e)          Surface treatment of all parking and loading areas.

(4)      Applications that involve Non-Developed Land and Landscaping
(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Percentage, size, arrangement, uses, and dimensions of all Non-Developed Land of the site.
(c)           Location, layout, type, and size of all buffers, landscaping, plant materials, fencing and screening materials proposed.
(d)          Location of existing trees with a trunk caliper of more than six (6) inches, except in densely wooded areas where the foliage line shall be indicated.

(5)      Applications that involve Signs and Lighting.

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Location, size, dimensions, height, orientation, and plans (including content) of all signs.
(c)           Location, size, height, orientation, and design of all outdoor lighting.    

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

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Location and design of all existing and proposed public and private utilities (including septic systems), provisions for recycling, wells, and refuse collection areas.
(c)           Drainage: Storm water control measures shall be provided for impervious surfaces within the site, either as stipulated below or in other situations.
(i)            All storm water control measures shall be approved first by the appropriate Town of Ledyard staff member, or its consultant, followed by a review by the Commission.
(ii)           All storm drainage for proposed commercial development in which the combined square footage of roofs, paved Parking Areas and other impervious surfaces exceeds ten thousand (10,000) square feet shall be designed in accordance with, and subject to, the provisions of the Drainage Ordinance of the Town of Ledyard.

(7)      Applications that require Sedimentation and Erosion control measures

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          A site plan will be required for all minor and major filling, excavating or relocating of topsoil, sand, gravel, clay, stone, or other materials on any lot except if part of an approved construction site of a permitted building, part of a farming operation, or is an exempt activity as permitted by these regulations.
(c)           The site plan shall detail areas to be altered, denoting any existing drainage routes and/or changes to these routes.
(d)          Existing topography shall be disturbed to a minimum.
(e)          Wherever possible, trees shall be preserved.

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

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Locations and descriptions of the proposed development and adjacent properties;
(c)           Locations of areas to be stripped of vegetation, re-graded and contour data indicating existing and proposed grades;
(d)          A schedule of operations, including the sequence of major improvement phases such as clearing, grading, paving, installation of drainage features and the like;
(e)          Seeding, sodding or re-vegetation plans and specifications for all unprotected or un-vegetated areas;
(f)           Location, design and timing of structural control measures, such as diversions, waterways, grade stabilization structures, debris basins, storm water sediment basins, and the like. The narrative shall indicate design criteria used in the design of control measures;
(g)          A description of procedures to be followed to maintain sediment control measures;
(h)          The name of the individual responsible for monitoring the plan with whom an inspector for the Town may contact routinely; and
(i)            The plan map shall show the words: "Erosion and Sediment Control Plan" with space for the date and signature of the Chairman/Vice Chairman of the Zoning Commission or its agent.

(9)      Applications for multi-family dwellings, residential-institutional uses, clubs, convalescent homes, sanatoria, private non-residential educational institutions, retail, and similar uses. 

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Landscaping (per §6.6.B(4))
(c)           Signs (per §6.6.B(5))
(e)          Lighting (per §6.6.B(5))
(f)           Drainage (Reference Storm Water Management Ordinance if greater than 10,000 square feet of new impervious surfaces.)

(10)   Applications that involve a Staging Plan. 

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

(11)   Applications that involve Home Husbandry. 

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          The amount of contiguous area available to keep the livestock and/or poultry.
(c)           Location, type and size of fences and shelters to be used for animal keeping.
(d)          Distances from fences and shelters to property lines, streets, houses on abutting properties, and wells on applicant and abutting properties.
(e)          The total number and type of livestock and/or poultry to be kept.

(12)   Applications that involve filling, excavating or relocation of topsoil, sand, gravel, clay, stone or other minerals. 

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          The proposed truck access to the excavation.
(c)           Entry and exit locations.
(d)          The hours of operation.
(e)          The machinery to be used on site.
(f)           The type of buildings or structures to be constructed on site.
(g)          Location of existing structures on the subject parcel and adjacent properties, including information regarding depth to the ground water table and a log of soil borings taken to the depth of the proposed excavation.
(h)          Such proposal shall show details for landscaping the site during and after completion of operations, and proper drainage of the area of the operation during and after completion of the work.

(13)    Additional site plan requirements for antenna towers permitted by right.

(a)          Site plan information required per §6.6.B(1) & §6.6.B(2).
(b)          Tower base elevation and height of tower.
(c)           Written description of all proposed antenna and mounting equipment including size and location on existing tower or building.  The description shall include the structure’s capacity, including the number and type of antennas it can reasonably accommodate as well as the proposed location of all mounting positions for co-located antennas and the minimum separating distances between antennas.
(d)          Evidence that all facilities, including equipment cabinets and sheds, are of a material and color which matches the exterior of the existing structure, and to the maximum extent possible blends into existing
surrounding architecture.

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(14)    Additional site plan requirements for antenna towers requiring a special permit.

(a)          Site plan information required per §6.6.B(1), §6.6.B(2), and 6.6.B(13).
(b)          A report from a licensed radio engineer indicating that no other existing or planned tower or structure can accommodate the applicant’s antenna.
(c)           For tall structures located within a quarter-mile of the propose antenna site, provide documentation that the owners of these locations have been contacted and have denied permission to install the antenna on these structures for other than economic reasons.
(d)          The site plan shall include the location of all proposed towers, structures, fall circle, property lines, buildings, fencing, landscaping (with a list of plant materials), and driveway access to the site.
(e)          If the antenna tower is proposed to be located on an existing structure that is not in an industrial district, the site plan shall include where and how the antenna will be affixed to the particular building or structure.
(f)           The plan shall indicate how, if failure occurs, the tower will collapse without encroaching outside the site’s lease lines (if any) or upon any adjoining property.
 
(g)          A design drawing of the proposed tower(s) that includes the cross-section and elevation depictions of the proposed tower, antennas, accessory buildings, boxes, cabinets, and security fencing including sizes and materials. 
(h)          Provide evidence that all facilities, including equipment cabinets and sheds, are of a material and color which matches the exterior of nearby structures, and to the maximum extent possible, is of an architectural style that is characteristic of the vicinity.
(i)            To help the Commission determine if the tower should be disguised, provide a view shed analysis showing all areas from which the tower would be visible, and if requested by the Commission, a graphical simulation of the proposed site to help determine visual impacts associated with the proposal.
(j)           A written description of proximity of the tower to residential structures, and the nature of uses on adjacent and nearby properties within one-quarter mile of the facility.

6.7          Additional Site Plan Requirements by District

A.    Mobile Manufactured Home Land Use Community District (RM-40):
(1)      In addition to site plan requirements (§6.6.B) as applicable, the application shall also include:
(a)          Storm drainage plan;
(b)          Sanitary sewer plan;
(c)           Water source, water distribution plan, and location of system isolation valves;
(d)          If well water is the water source, include water treatment facilities and sampling spigot locations;
(e)          Community lighting plan;
(f)           Electrical distribution plan;
(g)          Cable distribution plan;
(h)          Roadways;
(i)            Pathways;
(j)           Street names;
(k)          Site numbering (for compliance with 911 requirements);
(l)            Fire hydrants (if any);
(m)         Sidewalks (if any);
(n)          A general landscape design overview approach including a detail representative landscape proposal for one (1) (or more) homes and home sites, a detail landscape proposal for the community entrance, and a detail landscape proposal for the Community Center, if any;
(o)          Common area, site, perimeter, dumpster (if any), and RV storage screening plan;
(p)          All signage (including, as appropriate, community entrance, office, sales, parking, traffic control and direction, street names, "private property," "no soliciting," and "no trespassing" signs.);
(q)          Refuse and recycling management plan;
(r)           Dumpster size and location(s), if any;
(s)           Mail and newspaper delivery plan (on site vs. central structure delivery);
(t)           Parking plan including on-site, guest, and RV parking;
(u)          Public facilities, if any;
(v)          The lease lines for each site, parking for each site, and the recommended orientation footprint of each proposed Mobile Manufactured Home when installed on each site;
(w)         Descriptions of any significant facilities and services that will be provided by the land lease community owner;
(x)          The location, design, and size of the Mobile Manufactured Home land lease community bulletin board required for the posting of the Community Rules and Regulations, and the posting of the License issued by the Department of Consumer Protection; and
(y)          The identification of a sales office and/or community management office, if any.

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

(1)      In addition to site plan requirements (§6.6.B as applicable), the application shall include:
(a)          Statement of Use: A written statement, signed by the applicant, and by the owner if different from the applicant, describing the nature and extent of the proposed use or occupancy in sufficient detail to determine compliance with the use provisions of these regulations.
(b)          Identification of the proposed potable water supply.
(c)           Fire Protection:  The applicant shall identify the source of water for fire protection.
(d)          Traffic Generation:
(i)            For all new industrial development, a report of the estimated amount and type of vehicular traffic to be generated on a daily basis and at peak hours; and
(ii)           The estimated number of persons to occupy or visit the premises on a daily basis, including parking and loading requirements for the proposed use or uses.
(e)          All other plans and reports required under these regulations, a listing of any permits required from any state and/or federal agencies, and the status of such permit applications
(2)      Loading Spaces
(3)      Important existing landscape features
(4)      Proposed Landscaping
(5)      Storm drainage
(6)      Water supply
(7)      Refuse management provisions
(8)      Encroachments on Town property
(9)      Demarcation on site plan of areas within 500 feet of the boundary of an adjoining town.
(11)   Note on site plan when a significant portion of the traffic to the completed project on the site will use streets within the adjoining town to enter or exit the site.
(12)   Note on site plan when a significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact those systems within the adjoining town.
(13)   Approval block on site plan for Chairman/Vice Chairman, & date of approval and date of expiration.
 
C.    Ledyard Center Village Districts (LCVD 1, 2, 3 & MFVD):

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

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SECTION 7.0:      SPECIAL PERMITS

7.1          Purposes and Authority

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

7.2          Application for Special Permit

A.    Applications for a special permit shall be made in writing to the Commission and shall include the following:
(1)      A written statement describing the proposed use or uses.
(2)      A site plan in accordance with §6.0 of these regulations.
(3)      The application fee, in accordance with the fee schedule adopted by the Commission.  Said fee shall be paid at the time of filing the application.
(4)      During the hearing, “Certificates of Mailing” (Proof of Mailing), and a copy of the notice, showing that each Owner of Record of property abutting the subject property was notified of the proposed development, the nature of the development, and the date, time, and location of the public hearing.

7.3          Special Permit Objectives

A.    To insure that the proposed development is a permitted use for the district and is consistent with the purpose of the use as stated in these regulations.
B.    To insure that the proposed development’s size, location, and character will be in harmony with the surrounding area.
C.    To insure that the proposed development will be implemented in a manner that will not be detrimental to the orderly development of adjacent properties.
D.    To insure that the proposed development will be implemented in a manner that will not be detrimental to the health, safety, and convenience of its neighbors.
E.    To insure that the location and size of such use, the nature and intensity of operations involved in connection to the use, its site layout, and its relation to access streets shall be such that both pedestrian and vehicular traffic, and the assembly of persons in connection with the use, will not be hazardous or inconvenient, or incongruous with, any abutting Residential District or conflict with the normal traffic of the neighborhood.
F.    To insure that the location and size of such use, the nature and intensity of operations involved in connection therewith, and the site layout and development will not have a negative impact on any environmental and natural resource areas on or adjacent to the site or within the neighborhood.

7.4          Public Hearing

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

7.5          Conditions of Approval

A.    The Commission shall approve an application for a special permit if it determines, after a public hearing, that:
(1)      The proposed use or uses are expressly permitted in the Zoning Regulations,
(2)      The standards in these regulations plus those in Attachment A (Schedule of Permitted Uses), Attachment B (Area and Bulk Schedule), Attachment C (Parking Table), and Attachment D (Design Guidelines if the application is for a use in a Village District), are satisfied.
(3)      The application is consistent with the special permit objectives; and
(4)      The proposed use will not constitute a risk to public safety, health, convenience, and present and future neighboring property values. 
B.    All requirements set forth herein are in addition to the requirements for any use in the District that is a designated use by right.
C.    The Commission may impose conditions of approval if necessary to protect the public health, safety, convenience, and property values.
D.    The Commission may impose, as a condition of approval, a requirement for the applicant to periodically brief the Commission or the Zoning Official, and/or to periodically provide data to certify the compliance status of his development with the approved site plan, development plans, and with these regulations.
D.    No Approval shall be effective until a copy of the decision containing the name of the Owner of Record, a description of the premises to which it relates, and specifying the reasons for its decision, is recorded in the land records.  The applicant or the Owner of Record shall be responsible for and pay for such recording.
E.    Any permit application may be denied by the Commission if proposed access to a public highway is deemed to create a hazardous condition, or when the expected traffic to be generated from the proposed use of property is considered cumulative with existing traffic conditions, and is deemed to cause or to worsen hazardous conditions so as to imperil public safety.
F.    On each individual application, the Commission will consider the design of access, any proposed construction designs peripheral to access and related to traffic control, existing traffic conditions and any adjacent nearby pending and potential development.
G.   The Commission may impose, as a condition of approval, certain minimum sight line distances depending on traffic conditions and posted speed limits and/or a survey of average vehicular speeds.  (Reference Town Road Ordinance #45 for Town roads, and /or DOT requirements for state roads.)

7.6          Enforcement

A.    In the event of non-compliance with the approved site plan, non-compliance with any of the conditions of approval imposed by the Commission, or if there is a non-compliance with the zoning regulations in effect at the time the special permit was granted, a special permit shall, in perpetuity if not abandoned, be subject to enforcement by the Zoning Official and/or the Commission as provided by CGS §8-12, CGS §8-12a and Ordinance #118 as appropriate.

7.7          Amendments or Modifications to Special Permits

A.    Applications for modifications to existing special permits shall be made in the same manner as for the original application. 
B.    Applications for amendments or modifications which are deemed by the Commission to be for a minor change of use (see definition) may, upon request of the holder of the special permit, be reviewed as an agenda item and adopted or rejected by the Commission without a public hearing.

SECTION 8.0:      SUPPLEMENTAL REGULATIONS

All structures and uses are required to conform with constraints imposed by the applicable regulations unique to each zone (see the Zoning District Map and §4.0), plus the applicable constraints imposed by the Schedule of Permitted Uses (Attachment A), the Area and Bulk Schedule (Attachment B), the Parking Table (Attachment C), and, for structures and uses in the Village and Design Districts, the Design Guidelines (Attachment D). 
In addition, structures and uses are required to conform to these Supplemental Regulations to further protect the public health, public safety, public convenience, and/or property values.  With the exception of the Design Guidelines (Attachment D) for the Ledyard Center Village District and the Gales Ferry Design Districts, in the event of conflict, these Zoning Regulations take precedence over the attachments.
 
Applicants who desire to develop a use not shown for any zoning district must first submit an application to amend Attachment A “Schedule of Permitted Uses”, Attachment B (Area and Bulk Schedule) if necessary, Attachment C (Parking Schedule) if necessary, and these Supplemental Regulations, if necessary to properly protect the public health, public safety, public convenience, and/or property values.  The Commission, Planning Department, or a member of the public, may also propose amendments to the regulations.

8.1          Accessory Apartment (In-Law Suite)

A.    Accessory Apartments (in-law suites) are permitted as an accessory use of a single-family dwelling.
B.    Accessory Apartments shall be equal to or larger than 400 square feet and not exceed 1/3 of the gross floor area of the single-family dwelling.
C.    The owner of the property, who must be a natural person in whom the fee title of the subject premises is vested, shall occupy either the principal dwelling unit or the accessory apartment.
D.    Accessory apartments shall be occupied only by the parents, siblings, grandparents, great grandparents, children (including adopted children), grandchildren, great grandchildren, aunts, uncles, nieces, nephews, or the first cousins of one or more persons who occupy the single-family dwelling.
E.    The owner of the property shall file on the land records that the property contains an accessory apartment that cannot be rented, and which may be occupied only by parents, siblings, grandparents, great grandparents, children (including adopted children), grandchildren, great grandchildren, aunts, uncles, nieces, nephews, or first cousins of one or more persons who occupy the single-family dwelling.  A copy of the proposed notice shall be provided to the Commission at the time of the public hearing.
F.    The accessory apartment shall not be rented for income.
G.   Both the existing single-family dwelling and the proposed accessory apartment shall demonstrate compliance with the Connecticut Public Health Code and Building Code.
H.    No more than two (2) individuals shall reside in the accessory apartment.
I.     The space devoted to the accessory apartment shall be within a single-family dwelling and connected by at least one doorway so that there is access to the accessory apartment from the interior of the single-family dwelling, and vice versa.
J.     No part of the accessory apartment shall be below grade.
K.    The accessory apartment shall contain one (1) bedroom, one (1) bath, one (1) kitchen, and one (1) living room area.
L.     A single-family dwelling unit with an accessory apartment may not have roomers or boarders.
M.  The appearance of the single-family dwelling containing an accessory apartment shall not be distinguishable from other single-family dwellings in the neighborhood.
N.   Parking for the accessory apartment shall be per §10 and Attachment C.
O.   The exterior entrance to the accessory apartment, if required, shall be on the rear or in other such location that it cannot be viewed from the street.
P.    The accessory apartment (in-law suite) shall share the same electrical, heating, water, hot water heating, cable, and sewage disposal systems that are provided for the principal single-family dwelling.

8.2          Accessory Structures and Uses

A.    Accessory Buildings and structures with a floor space larger than fifty (50) square feet require a zoning permit.
B.    A building attached to a principal building by a covered passageway, or having a wall or part of a wall in common with it, shall be considered an integral part of the principal building and not an accessory building.
C.    Accessory buildings require a principal building on the same parcel except if the parcel is a 3-acre or larger operating farm, in which instance a barn and/or a farm stand may be a principal building if there are no other buildings.
D.    In Residential Districts, the footprint size, measured in square feet, of all accessory buildings combined shall not exceed 75% of the footprint size of the principal building unless the accessory building is a barn on an operating farm of 3 acres or more.
E.    In Residential Districts, the height of an accessory building shall not exceed 75% of the height of the principal building, or twenty (20) feet, whichever is greater, unless the accessory building is a barn on an operating farm of 3 acres or more.
F.    In Residential Districts, Accessory Buildings shall be located in rear yards or in side yards and are prohibited in front yards.
G.   In Residential Districts, Accessory Buildings that are used primarily for the storage of motor vehicles may be located no closer to the street than the extended front plane of the principal structure or the minimum front-yard setback for the zone, whichever is less.
H.    When located in a Side Yard, an Accessory Building shall be situated no closer to a side lot line than the minimum width required by a Side Yard for a principal building. When located on a corner lot, an Accessory Building shall be no closer to a side street lot line than at least the depth of any Front Yard required along such street. No Accessory Building located in a Rear Yard shall be closer to a lot line than six (6) feet. When a lot fronts on two (2) parallel streets, any Accessory Building shall be located on the one-third (1/3) of the lot farthest from both streets

8.3  Antennas & Antenna Towers

A. Purpose: To provide for wireless telecommunication facilities, antennas and towers, while protecting residential neighborhoods and minimizing the adverse visual and operational effects through careful design, siting and screening. This section of the Zoning Regulations is consistent with the Telecommunications Act of 1996 in that it does not discriminate among providers of functionally equivalent services, prohibit or have the effect of prohibiting the provision of personal wireless services, or regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations concerning such emissions.
B.    Scope:  These regulations are applicable only for Antennas and Antenna Towers that are not subject to the jurisdiction of the Siting Council, which has exclusive jurisdiction for community antenna television towers and head-end structures, including associated equipment, which may have a substantial adverse environmental effect, and telecommunication towers, including associated telecommunications equipment, owned or operated by the state, a public service company or a certified telecommunications provider or used in a cellular system, as defined in the Code of Federal Regulations Title 47, Part 22, as amended.  Reference CGS §16-50i.
B.    Telecommunication Facilities, Antennas, and Towers Permitted as a Use by Right.
(1)      Amateur Radio Service (including Amateur Radio Emergency Service) Antennas and Amateur Radio Service Tower installations meeting the following standards:
(a)          Towers, transmitters and Antenna installations that comply with Part 97 of FCC rules and regulations;
(b)          The distance to the nearest property boundary shall be not less than two-thirds (2/3) of the Tower height. For bracketed Towers supported by a building, the Tower height shall be measured from the bracket attachment height;
(c)           A copy of the applicant’s federal amateur radio license shall be provided to the Zoning Official when applying for a zoning permit for an amateur radio service antenna;
(d)          Towers shall meet all setback requirements for the Zoning District.
(2)      Traditional radio, television, scanner and miscellaneous antennas used by homeowners that meet the following requirements:
(a)          Height of roof-mounted antenna does not exceed twenty (20) feet above the highest point of the structure;
(b)          Size of roof-mounted dish antennas shall not exceed three (3) feet in diameter;
(c)           Tower and overall antenna height shall not exceed sixty-five (65) feet.
(3)      Citizen Radio Service (CB) Antennas and Towers that are operated in accordance with FCC regulations and emissions standards (twenty (20) feet above highest point of structure and sixty-five (65) feet maximum Tower height) and having a maximum power of five (5) watts. Towers shall meet all setback requirements for the Zoning District.

C.    Antennas and Towers Permitted as a Use by Special Permit.
(1)      The tower and/or antenna shall be erected to the minimum height necessary to satisfy technical requirements of the telecommunications facility.  Documentation of the minimum height needed, prepared by a licensed radio engineer, is required with the application.  The Commission may require the submission of propagation modeling results to facilitate its review of tower height.
(2)      The tower and/or antenna shall comply with the setback requirements of the zoning district in which it is located, or be set back from all property lines and lease lines (if any) a distance equal to but not less than the height of the tower, whichever is greater.  However, if it can be demonstrated that the design and installation of the tower limits the collapse distance to less than the tower’s height, or if it is unlikely that a structure will be constructed on adjacent property within the fall circle, the distance to the property line or lease line (if any) may be reduced by the Commission by up to one-third the tower’s height.
(3)      The tower and/or antenna may be considered as either a principal or accessory use.
(4)      More than one (1) tower on a lot may be permitted if all setback, design, and landscape requirements are satisfied for each tower.
(5)      The tower and/or antenna may be on leased land as long as there is adequate ingress and egress to the site for service vehicles, and such access is documented in a deeded easement presented to the Commission.
(6)      All towers in residential districts shall be of a monopole design unless the applicant demonstrates that wind loading at the proposed location will exceed monopole tower design specifications, and/or that no monopole tower is available that will satisfy the minimum height, shape, size, or weight requirements of the antenna(s) to be located on the tower.
(7)      The Commission reserves the right to require that a monopole tower be designed and treated with architectural materials so that it is camouflaged to resemble a woody tree with a single trunk with branches on its upper part, or other suitable art form/sculpture.
(8)      Towers not requiring FAA painting or markings shall be painted a non-contrasting blue, gray, or other neutral color.
(9)      No lights or illumination shall be permitted unless required by the FAA.
(10)    No signs or advertising shall be permitted on any tower or antenna, except that no trespassing, warning, and ownership signs are permitted at ground level.
(11)    The proposed tower, accompanying building and electrical utilities, shall be built to accommodate a minimum of three co-users unless it is determined to be technically unfeasible based upon information submitted by the applicant and verified by the Commission.  These co-users shall include other wireless telecommunication companies, and local police, fire, and ambulance companies.  If co-users are not known at the time of application, applicants shall base designs for co=users on equipment requirements similar to their own.
(12)    The tower shall be designed and constructed to all applicable standards of the American National Standards Institutes, as amended.
(13)    The Commission may require the use of CGS §16-50aa to promote co-use and tower sharing.
 
D.    Siting Preferences:  The general order of preference for antenna towers is as follows (most preferred to least preferred):
(1)      On existing structures such as non-residential structures/facades, water towers/tanks, utility poles, or chimneys,
(2)      Co-location on existing or approved towers,
(3)      On new towers located on property currently occupied by one or more existing towers. 
(4)      On new towers in industrial districts.
(5)      On new towers in commercial districts.
(6)      On new towers in residential districts.
(7)      On new towers in Village or Design Districts.

8.4          Assisted Living for Senior Citizens 

A.    Purpose. To provide community living and a semi-independent lifestyle for residents, at least one (1) of whom is a person fifty-five (55) years of age or older, and not to exceed two (2) residents per dwelling unit. The design and development of the facility shall meet the needs of the elderly and shall provide for their safety, health and general welfare.
B.    Requirements:
(1)      The minimum lot area shall be 3,000 square feet per apartment.
(2)      The maximum capacity of an Assisted Living for Senior Citizen community is 130 apartments (260 residents).  The minimum capacity of an Assisted Living for Senior Citizen community is 10 apartments (20 residents).
(3)      Community areas, or areas suitably equipped to meet the social interaction and leisure time needs of the residents. The space shall include social interactive areas as well as individual interactive areas. The community areas shall be conducive to activities such as conversational seating, areas for reading, television viewing, table games, as well as space and equipment for other recreational and social activities.
(4)      Garage or Parking Areas, open or covered.
(5)      All services shall be for occupant/resident use only.
(6)      Parking shall be in accordance with §10.0. 
(7)      A management plan shall be submitted, describing and guaranteeing, to the satisfaction of the Commission, the maintenance, repair, and replacement of facilities and property, in perpetuity, for both the common facilities and the apartments.
(8)      At least eighty percent (80%) of the units shall be affordable housing as defined in CGS §8-39a.
(9)      Restrictions, consistent with CGS §8-39a, shall be recorded in the Land Records, maintaining the affordability for at least forty (40) years;

C.    Accessory Uses. Accessory Uses are permitted provided they are compatible with, and subordinate to, the Assisted Living for Seniors facility.  Accessory uses include, but are not limited to:
(1)      Medical, health care and social services offices, and health, therapy and rehabilitation facilities.
(2)      Common Dining Area.
(3)      Pharmacy.
(4)      Laundry Services.
(5)      Emergency Services.
(6)      Personal Service Establishments.
(7)      Chapel/religious services.
(8)      Recreational Facilities.
(9)      Shuttle bus or van service, exclusively for the residents, guests of residents, and employees of the Assisted Living for Seniors facility.

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