[Amended 3-19-1984; 10-21-1985; 2-3-1986; 11-20-1989; 12-1-2008; 12-7-2020]
Purpose. The site plan approval process is intended to ensure
that all aspects of industrial, commercial and multifamily residential
development in the City, as well as other specialized uses, comply
with the requirements and standards of these regulations and that
adequate provision is made in such developments for vehicular and
pedestrian access and circulation, parking, landscaping, buffers,
signage, lighting, drainage, utilities, and other aspects of the proposed
development and use of the land.
A. Applicability.
(1) Approval by Planning Commission.
(a)
Site plan approval by the Planning Commission shall be required
before any building permit may be issued for the following:
[1]
All permitted uses of land or buildings in any commercial, industrial
or regional development district requiring the construction of 20
or more parking spaces;
[2]
All construction, development or redevelopment in any zone disturbing
more than 0.5 acre of total land area;
[3]
All changes of permitted uses adding 25% or more to the floor
area, cars generated, parking spaces or occupants of the site;
[4]
All uses in a residential district requiring eight or more off-street
parking spaces; and
[5]
All expansions of existing uses which add 25% or more to the
floor area, cars generated, parking spaces or occupants of the site.
(b)
Modification of an approved site plan that does not exceed the
above thresholds shall be reported to the Planning Commission.
(2) Approval by Zoning Board of Appeals.
(a)
Site plan approval by the Zoning Board of Appeals (ZBA), as part of a special exception application to the ZBA, shall be required for applications that meet the development thresholds set above in §
213-72A(1) before any building permit may be issued.
(b)
Modification of an approved site plan that does not exceed the
above thresholds shall be reported to the Zoning Board of Appeals.
B. Site plan objectives. In reviewing a site plan application, the Commission/Board
shall take into consideration the health, safety and welfare of the
public in general and the immediate neighborhood in particular and
may prescribe reasonable conditions and safeguards to ensure the accomplishment
of the following general objectives:
(1) That all buildings, structures, uses, equipment or material are readily
accessible for fire and police protection.
(2) That adequate off-street parking and loading spaces are provided
to prevent on-street and off-traffic congestion; that all parking
spaces and maneuvering areas are suitably identified; that entrances
and exits are suitably identified and designed to specific use radii;
that the interior circulation system is adequately designed to provide
safe and convenient access to all structures, uses and/or parking
spaces; that parking areas are provided with suitable bumper guards,
guardrails, islands, crosswalks, speed bumps and similar safety devices
when deemed necessary by the Commission/Board to adequately protect
life and property; and that provision is made for safe pedestrian
movement within and adjacent to the property by the installation of
sidewalks.
(3) That all proposed traffic and pedestrian accessways do not create
traffic hazards and are adequate in width, grade, alignment and visibility;
adequate in distance from street corners, places of public assembly
and other accessways; and adequate in design for other similar safety
considerations.
(4) That the general landscaping of the site complies with the purpose
and intent of this chapter; that existing trees are preserved and
specimen trees of thirty-six-inch diameter or greater as measured
4.5 feet above ground are actively preserved to the maximum extent
possible; and that parking, storage, refuse and service areas are
suitably screened during all seasons from the view of adjacent residential
zones and public rights-of-way.
(5) That lighting of the site shall be adequate at ground level for the
protection and safety of the public in regard to pedestrian and vehicular
circulation and that glare from the installation of outdoor lights
and illuminated signs is properly shielded from the view of adjacent
property and public rights-of-way, as well as from the view of any
residential units located on the subject site.
(6) That all utility systems are suitably located, adequately designed,
suitably screened during all seasons from the view of adjacent residential
zones and public rights-of-way, and properly installed to serve the
proposed uses and to protect the property from adverse air, water
or land pollution.
(7) That the development of the site will preserve sensitive environmental
land features, such as 25% or steeper slopes, wetlands and large rock
outcroppings, and will preserve public scenic views or historically
significant features to the greatest extent possible.
(8) That soil erosion and sediment controls are designed, installed and
maintained to prevent soil erosion and sedimentation resulting from
development.
(9) Adequate provision has been made for the sustained maintenance of
the proposed development (structures, streets, landscaping and other
improvements). This may include landscaping management plan, litter
removal plan and similar documents.
C. Procedure.
(1) Application. Application for site plan approval shall be made in writing and shall be accompanied by plans, elevations and any other data necessary to show the detail of the proposed use of land or buildings, as outlined in §
213-72J. Each application shall require a fee as indicated in the Land Use Fee Schedule.
(2) Bonding requirements. Before a permit is granted under this section,
the applicant may be required to post a bond in accordance with § 8-3
of CGS, as amended. The estimated cost of measures required to control
soil erosion and sedimentation, as specified in the approved plan,
that are a condition of approval of any site plan may be required
to be covered in a performance bond or other assurance in accordance
with this provision.
(3) Approval. Approval or rejection of a site plan shall be made in a
time manner prescribed under § 8-7d of CGS, as amended.
D. Soil erosion and sediment control certification. A separate approval
shall be required for certification of the soil erosion and sediment
control plan, as filed, complies with the requirements and objectives
of this chapter.
E. Inspection. Inspection shall be made by the Commission/Board or its
designated agent during development to ensure compliance with the
approved plan and that control measures and facilities are performed
or installed and maintained. The Commission/Board may require the
permittee to verify through progress reports that soil erosion and
sediment control measures have been performed or installed according
to the certified plan and are being operated and maintained.
F. Expiration. All work in connection with an approved site plan shall
be completed in time prescribed under § 8-3 of CGS, as amended.
G. Amendments or modification. Application for amendments to an approved
site plan shall be made in the same manner as the original application.
The Director of Planning or their designee may approved minor modifications.
H. Continuance. All conditions and improvements shown on an approved
site plan shall remain with the property as long as the use indicated
on the approved site plan is still in operation. The conditions and
improvements shall continue in force regardless of any change in ownership
of the property.
I. Appeals. Any person aggrieved by the action of the Planning Commission
or ZBA may appeal said action in accordance with the Connecticut General
Statutes.
J. Application requirements. Application for a site plan shall include
seven sets of the following information, maps and plans and accompanied
by an electronic file of all documents submitted. All applications
shall include an accurate Class A-2 survey of the property and improvements
prepared by a land surveyor registered in the State of Connecticut.
All plans shall be prepared, signed and sealed by a licensed Connecticut
engineer, architect or landscape architect, whichever is appropriate.
All plans shall be prepared at a scale of one inch equals not more
than 20 feet or not less than 50 feet.
(1) General information.
(a)
Name and address of the applicant and owner of record as listed
on the City's tax rolls. If the applicant is not the owner of record,
the latter shall also sign the application.
(b)
Date, North arrow and numerical and graphical scale on each
map.
(c)
A written description of the proposed use or uses.
(d)
A table or chart indicating the proposed number or amount and
types of uses, lot area, lot width, yards, building height, coverage,
floor area, parking spaces, landscaping and open spaces as they relate
to the requirements of this chapter.
(2) Location map. An accurate scale map at a scale of one inch equals
1,000 feet shall be submitted showing the subject property and all
property and streets within 1,000 feet of any part of the subject
property.
(3) Easement(s). Location, width and purpose of all existing and proposed
easements and rights-of-way on the property.
(4) Buildings and uses.
(a)
Location, dimensions, area, height and setbacks of all existing
and proposed buildings, signs, fences and walls.
(b)
Location of all existing and proposed uses and facilities not
requiring a building, such as swimming pools, tennis courts, light
standards, tanks, transformers and dumpsters.
(5) Parking, loading and circulation.
(a)
Location, arrangement and dimensions of automobile parking spaces,
aisles, vehicular drives, fire lanes, entrances, exits and ramps.
(b)
Location, arrangement and dimensions of loading and unloading
areas.
(c)
Location and dimensions of pedestrian walkways, entrances and
exits.
(6) Signs and lighting.
(a)
Location, size, height, orientation and plans of all signs.
(b)
Location, size, height, orientation and design of any outdoor
lighting.
(7) Utilities. Location and design of all existing and proposed sanitary
sewer, storm drainage, water supply facilities and refuse collection
areas, as well as other underground and aboveground utilities. All
public utilities shall be placed underground. The Commission may waive
this requirement if engineering data substantiates that such underground
placement of utilities is impractical.
(8) Topographic map. The topographic map shall illustrate the existing
and proposed conditions of the property, including existing and proposed
contours with intervals of five feet, referred to the City of Meriden
datum, and location of all existing wooded areas, watercourses, wetlands,
rock outcrops and other significant physical features and, where appropriate,
the wetlands boundary and the flood hazard area.
(9) A soil erosion and sediment control map and narrative shall be submitted for all development activities in which the cumulative disturbed area will be more than 1/2 acre. The plan shall conform with §
213-57 of this chapter.
(10)
Open space and landscaping plan. The open space and landscaping
plan shall illustrate the existing and proposed landscape development
of the property, including location, general layout, type and size
of buffer or landscape areas, plant material (including a listing
of genus, species, variety, common name, and size), fencing, screening
devices, decorative paving or other materials proposed.
(11)
A statement on the plan indicating the presence of endangered,
threatened, and special concern species as shown on the Natural Diversity
Data Base (NDDB) Maps produced by the Connecticut Department of Energy
and Environmental Protection (CT DEEP). If subject species are indicated,
a NDDB review of the proposed development by the CT DEEP shall be
required and guidelines for the protection of subject species shall
be followed.
(12)
Staging plan map. In cases where the applicant wishes to develop
in stages, an overall site and staging plan indicating ultimate development
for the entire property shall be submitted at the same scale as the
site plan.
(13)
Other information. The applicant shall submit any other information
deemed by the Commission/Board to be necessary to determine conformity
with the intent of this chapter.
[Amended 11-26-2019; 12-7-2020]
A. Applicability. In all cases where this chapter requires approval
by special exception permit, no building permit shall be issued by
the Building Official except after public notice and hearing in accordance
with the General Statutes of the State of Connecticut upon the authorization
of the Planning Commission or the Zoning Board of Appeals.
B. Special exception objectives. In evaluating a special exception application,
the Planning Commission or the Zoning Board of Appeals shall take
into consideration the health, safety and welfare of the public, in
general, and the immediate neighborhood, in particular, and may prescribe
reasonable conditions and safeguards to ensure the accomplishment
of the following objectives:
(1) The site plan submitted as part of the application shall satisfy the requirements for site development plan approval as detailed in §
213-72 of this chapter.
(2) The location and size of the proposed use and the nature and intensity
of use in relation to the size of the lot will be in harmony with
the orderly development of the area, compatible with other existing
uses, and, if applicable, further the goals and objectives of the
Plan of Conservation and Development.
(3) The design, size, mass, scale, height, and location of the structure
and the nature and extent of landscaping on the lot are appropriate
for the use and will not hinder or discourage the appropriate use
of adjoining property or diminish the value thereof.
(4) The design elements of the proposed development are suitable in relation
to the site characteristics and style of other buildings in the immediate
area. The Commission may request advice and recommendations from the
Design Review Board for issues related to the exterior of structures
only.
(5) The intensity of the proposed use will not alter the essential characteristics
of the area or adversely affect property values in the neighborhood.
(6) The parking and loading facilities are adequate and properly located,
and the entrance and exit driveways are laid out to achieve reasonable
safety.
(7) Streets providing access to the proposed use are adequate in width,
grade, alignment, and visibility, and have adequate capacity for the
additional traffic generated by the proposed use, and the proposed
use will not create a traffic hazard and will not block or hamper
the City circulation pattern.
(8) The proposed use or site shall have proper accessibility for fire
apparatus and police protection and is laid out and equipped to further
the provision of emergency services.
(9) The water supply, the sewage disposal, and the stormwater drainage
shall conform with accepted engineering criteria, comply with all
standards of the appropriate regulatory authority, and that such utilities
have, or can be improved by the developer to have, adequate capacity
for the proposed use.
(10)
The proposed plans have provided for the reasonable conservation
of natural features to include the active preservation of specimen
trees of thirty-six-inch diameter or greater as measured 4.5 feet
aboveground and the utilization of best management practices to minimize
degradation of stormwater run-off, and the utilization of landscape
and/or buffer areas to protect environmentally sensitive portions
of the site.
(11)
Where two or more special exception uses apply to the same premises,
the minimum requirements shall be the minimum requirements for each
use as specified in this chapter or, in cases of two or more special
exception uses in the same building, whichever requirements are more
restrictive.
C. Procedure. Application for a special exception shall be made to the
Planning Commission or the Zoning Board of Appeals in writing and
shall be accompanied by all required items as outlined in § 213-731.
The applicant shall also provide a digital copy of all the materials
at the time of submission.
(1) Public hearing and notice.
(a)
The Planning Commission or the Zoning Board of Appeals shall
hold a public hearing on all applications for a special exception
and shall publish a notice of said hearing in a newspaper of general
circulation in accordance with §§ 8-3 and 8-7d of the
Connecticut General Statutes.
(b)
In addition to published notice, the Planning Commission or
the Zoning Board of Appeals shall give notice of any such hearing
at least 10 days prior to the date of the hearing to the applicant
filing the application and to the property owners whose property is
located within, abutting and directly across the street from all boundaries
of the property which is the subject of such hearing.
(c)
Further, the petitioner shall erect or cause to have erected
a sign on the premises affected by the proposed special exception
at least 10 days prior to the public hearing on such special exception.
Said sign shall be a minimum of four feet by five feet with black
lettering no smaller than three inches by 1/2 inch on a white background.
Said sign shall be weather-resistant, securely fastened or staked,
be clearly visible from the street closest to the affected property
and be maintained as such until the day following the public hearing.
The sign shall contain the following information:
Public Notice
|
A petition for a special exception has been filed with the (Planning
Commission or the Zoning Board of Appeals). A public hearing will
be held on said petition on (date of hearing) in City Hall.
|
(2) A report from the Director of Planning, Development and Enforcement
or their designee attesting to whether the above-described sign was
erected and maintained as required shall be made part of the record
at the public hearing. Failure of a petitioner to comply with this
requirement may be grounds for automatic denial of the proposed special
exception with consideration being given to cases where weather conditions
or acts of vandalism have destroyed a properly posted sign.
(3) The Planning Commission or the Zoning Board of Appeals shall reject
or issue a special exception permit according to § 8-7d
of the Connecticut General Statutes, as amended.
D. Conditions and safeguards. Any condition or safeguards attached to
the granting of a special exception shall remain with the property
as long as the special exception use is still in operation. These
conditions and safeguards shall continue in force regardless of any
change in ownership of the property.
E. Revocation. Any authorized special exception shall be subject to
revocation by the Planning Commission or the Zoning Board of Appeals
if any condition or safeguard imposed by the Planning Commission or
the Zoning Board of Appeals upon buildings, structures, land or uses
for said permit is not strictly adhered to by the applicant, user
and/or owner.
F. Amendments or modifications. Applications for special exception amendments
which are necessitated by site conditions or which are deemed to be
in the public interest shall be made in the same manner as the original
application, except that amendments which are found to be of a minor
nature or which do not materially alter the special exception, as
determined by the Planning Commission or the Zoning Board of Appeals,
may be authorized with Planning Commission or the Zoning Board of
Appeals approval only without another public hearing.
G. Time period and expiration. In approving a special exception, the
Planning Commission or the Zoning Board of Appeals may set time limits
on the permit and/or require periodic renewal of the permit without
a public hearing. In the event that an appeal is taken from the Planning
Commission or the Zoning Board of Appeals' approval of a special exception,
then the time period shall commence on the date of final disposition
of such litigation.
H. Continuance. Notwithstanding any other provision of this chapter,
when an amendment is adopted to this chapter or boundaries of zoning
districts, a special exception which has been approved according to
the regulations in effect at the time of filing shall not be required
to conform to such amendment, provided that:
(1) Construction of any of the proposed improvements, including but not
limited to roads, sewer lines, landscaping, recreational facilities,
etc., shall have commenced within five years from the effective date
of the special exception and certificate of approval (site plan) approvals.
(2) Construction of the improvements are diligently pursued and prosecuted
to substantial completion within the original time constraints set
forth at the time of approval or within five years following the effective
date of such amendment in the zoning regulations or boundaries of
zoning districts.
(3) If the applicant and/or owner does not adhere to these conditions,
the special exception permit shall be reconsidered by the Planning
Commission or the Zoning Board of Appeals and declared void. Notification
thereof shall be filed with the City Clerk.
I. Applications. Applications to the Planning Commission shall be made
in writing in seven copies. Applications to the Zoning Board of Appeals
shall be made in writing in 12 copies. All applications for special
exception shall include:
(1) A statement describing the existing and proposed use or uses.
(2) A site plan in accordance with §
213-72, if applicable.
(3) A list of all property owners required to be notified in §
213-79B, together with addresses.
(4) All applications shall be accompanied by a fee, as provided in the
Fee Schedule of the City of Meriden, to cover the cost of administration. Said fee shall be
paid at the time of filing the application.
J. Appeals. Appeals from the Planning Commission or the Zoning Board
of Appeals may be taken to the Superior and/or Appellate Court in
accordance with the Connecticut General Statutes.
[Added 9-7-2021]
Purpose. The provisional special exceptions process is intended to ensure that the City of Meriden is compliant with zoning approvals for establishments licensed pursuant to Public Act 21-1. Section
213-73 A through J of the regulations are hereby incorporated into this section. In any conflict between §§
213-73 and
213-73.1, the provisions of §
213-73.1 shall prevail.
A. Procedures.
(1)
Application for provisional special exception. Applications shall be filed with the Planning Commission in accordance with requirements of §
213-73I. In addition, the applicant shall submit the following documents:
(a)
Hours of operation schedule.
(c)
Security plan, including interior floorplan.
(d)
Other documentation to demonstrate compliance with the special exception objectives in §
213-73B, such as a parking analysis or traffic study where applicable or an odor control plan in the case of a producer such as a micro-cultivator.
(2)
Application for final special exception. Applications will be
filed with the Planning Department and may be granted only upon verification
of the applicant's status as an approved provisional licensee
by the State of Connecticut Department of Consumer Protection (DCP).
Administrative final special exception certification will be provided
in the following manner.
(a)
The applicant shall provide a copy of their DCP provisional
approval to the Planning Department. If the licensee is not the same
as the special exception provisional applicant, they shall provide
an authorization letter from the owner of the building to apply for
final certification of the special exception.
(b)
The application shall be reviewed for compliance with distance
requirements for the respective use. No final certificates shall be
granted if the proposed location does not comply with the distance
requirements.
(c)
The application shall be held for seven days. At the end of
this waiting period, the application shall be reviewed along with
any other applications received during this time. Applications shall
be approved in chronological order that reflects their provisional
approval date from the State of CT DCP.
(d)
The maximum permitted retail cannabis establishments (retail
and hybrid retail establishments) is three. No special exceptions
shall be approved, nor applications received, once the maximum amount
of retail establishments have been granted a final special exception
approval.
(e)
The maximum permitted micro-cultivators under this section is
subject to the license cap outlined in Public Act 21-1, one establishment
per 25,000 residents of the City through June 30, 2024. Once the maximum
number is reached, no further final special exception certifications
may be approved. The cap will be reviewed by the Zoning Commission
at the time the state provides additional legislation.
[Added 11-15-2021]