City of Meriden, CT Article VII Special Districts

§ 213-34 Planned residential development district (PRD).

A. Purpose.

(1) The City, being confronted with increasing urbanization and acknowledging that the technology of land development and the demand for housing are undergoing substantial and rapid changes, and recognizing the applicability of the objectives set forth in this section, intends to encourage:

(a) Variety and flexibility in land development for residential purposes and uses ancillary thereto that are necessary to meet those changes in technology and demand and that will be consistent with the best interests of the entire City.

(b) The more efficient allocation and maintenance by private initiative of common open space ancillary to new residential areas.

(c) The more efficient use of those public facilities required in connection with new residential development.

(d) It is further the intent to encourage innovations in residential development so that the growing demands for housing of different types at all economic levels may be met by greater variety in type, design and siting of dwellings, and to encourage the maximum reasonable conservation and the most efficient possible use of large tracts of land. These purposes cannot be achieved through the use of rigid and uniform traditional bulk and use zoning and subdivision regulations.

(2) Therefore, the planned residential development section is adopted pursuant to Chapter 124 of the Connecticut State Statutes.

[Amended 8-17-1987]

B. Planning Commission authority. The Planning Commission is hereby designated as the agency to administer and enforce this section.

C. Statement of objectives.

(1) Planned residential development, including clustering of detached dwelling units, may receive favorable consideration where the following conditions are present and the following objectives are achieved:

(a) There is minimal adverse impact on adjacent properties.

(b) There is or can be sufficient capacity in sanitary sewer, water supply or other utility systems over the life of the development.

(c) There is access to a major street or highway.

(d) Exceptional developed recreation facilities and other amenities are provided by the developer.

(e) There is a diversity of dwelling-unit types.

(f) Creative design and careful land planning are accomplished.

(g) Appropriate screening and landscaping is provided.

(h) Water resources and natural features are protected and enhanced.

(i) Soil erosion and sedimentation that occur as a result of the development are minimized during construction and completely stabilized after the development is complete.

[Added 2-3-1986]

(j) Other necessary facilities are provided for the convenience and welfare of the residents.

(2) If any of the conditions noted in § 213-34C(1) are not present when a developer submits an application for preliminary approval, the Planning Commission may decide not to give further consideration to the application unless the developer presents adequate evidence of his ability and willingness to correct any condition not meeting these objectives or the official action of a municipal or state agency which will satisfy the condition within a time period acceptable to the Planning Commission. Planned residential development is not to be used as a device by developers to create apartment development in areas not presently zoned for apartments. Unless all provisions of § 213-34C(1) and other provisions of this chapter have been adhered to, the Planning Commission shall not approve any application for planned residential development.

(3) This statement of objectives shall not be subject to variance or exception by any City agency.

D. Applicability of planned residential development. The provisions of this section shall apply only to a tract of land of five or more acres, which tract is under single ownership and zoned for "multiple-family residential" uses only and for which an application for a planned residential development is made as hereinafter provided. These zones include R-2, R-3, R-4, C-1 and C-2.

[Amended 8-17-1987]

E. Permitted uses. Uses permitted in a planned residential development may include and shall be limited to:

(1) Dwelling units in detached, semidetached, attached or multistoried structures, or any combination thereof.

(2) Nonresidential uses of a religious, cultural, recreational and commercial character to the extent they are designed and intended to serve the residents of the planned residential development.

F. Standards and criteria for planned residential developments.

(1) A plan must be consistent with:

(a) The purpose of planned residential development.

(b) The statement of objectives for planned residential development.

(c) The general standards established in this chapter.

(d) The specific rules and regulations for planned residential developments adopted from time to time and placed on public record by the Planning Commission.

(2) A plan shall be consistent with the following general standards for use of land and the use, type, bulk, design and location of buildings, the density or intensity of uses, common open space, public facilities and development by geographic division of the area:

(a) The plan may provide for a variety of housing types, including single-family detached homes, townhouses, garden apartments or high-rise elevator apartments, whether in individual ownership, condominium, cooperative, municipal or other type of ownership. High-rise apartments will be permitted only in a planned residential development located within an R-4, C-1, C-2, C-3 or R-3 District.

(b) The total ground area occupied by buildings, structures and required parking area shall not exceed 20% of the total ground area of the planned residential development.

(c) The height of particular buildings shall not exceed 75 feet, except that the Planning Commission may authorize construction of high-rise apartment buildings exceeding 75 feet, provided that:

[1] They are located in the zones outlined in Subsection F(2)(a) above.

[2] The Planning Commission determines that adequate fire protection and water pressure is to be provided to serve each building.

[3] An additional setback of one foot for each five additional feet of building height may be required.

[4] Sufficient developed recreation space is provided on the site.

(d) Structures may be further restricted by the Planning Commission to provide for public safety, adequate light and air, and to maintain the neighborhood character. Structures shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services. Buildings located at the perimeter of a planned residential development shall be set back a minimum of 1 1/2 feet of horizontal distance for each one foot of vertical building height.

(e) The architectural style of the buildings shall be consistent with the best practices of the architectural profession and shall not conflict with development of any area designated by the City Council as a historical area. Adequate provisions shall be made for visual and acoustical privacy of individual dwelling units. Fencing, insulation within buildings, walks, barriers and landscaping shall be utilized to the greatest extent for the protection and aesthetic enhancement of property and the privacy of occupants.

(f) Nonresidential uses are permitted and shall be designed and intended for the use of the residents of the planned residential development only, and the burden shall be on the owner to show that such areas will primarily serve persons residing in the planned residential development. The total space allocated to commercial establishments shall not exceed 5% of the total residential building floor area, and the total area of commercial establishments and their required parking areas shall not collectively occupy more than 5% of the total ground area of the planned residential development. No building designed or intended to be used, in part or in whole, for retail commercial purposes shall be constructed prior to the completion of not less than 60% of the dwelling units in the plan; however, the Planning Commission, at its discretion, upon the completion of 500 dwelling units may permit commercial development. Convenience commercial uses may be permitted within the development but shall be limited to the following shops and stores: apparel, bakery, bank, barber, beauty, cocktail lounge, drug, food, gift, hardware, ice cream or sandwich shop, launderette, laundry or dry cleaning (pickup only), professional office, package store or restaurant. No shop or store shall contain more than 2,000 square feet of sales area, except a food store, which shall contain not more than 5,000 square feet of sales area.

(g) Density.

[Amended 8-17-1987].

[1] A plan may provide for a greater number of dwelling units per acre over what would normally be permitted by this chapter but shall not exceed a maximum density as indicated below:

	At Least (acres)	But Less Than (acres)	Density Factor
	5	10	1.1
	10	20	1.2
	20	30	1.3
	30	No limit	1.4

[2] In no case shall the density exceed 20 dwelling units per acre. The owner shall have the burden of showing that such excess will not have an undue adverse effect on public facilities and on the reasonable enjoyment of neighboring property. In determining the reasonableness of the increase in dwelling units per acre, recognition shall be given that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by:

[a] The amount, location, design and proposed use of common open space.

[b] The location, design and type of dwelling units.

[c] Provision or dedication of space or land for public facilities.

[d] Physical characteristics of the site.

(h) The amount, characteristics and location of common open space shall be consistent with the declared function of the common open space and set forth in the application for a planned residential development, and there shall be such provisions for ownership and maintenance of said common open space so as to assure its continuity and conservation.

(i) The plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential units, nonresidential uses and public facilities as are necessary for the welfare of the planned residential development and are consistent with the best interest of the neighborhood and the entire City. Said covenants, easements and other provisions may be modified, enforced, removed or released only with the written approval of the Planning Commission.

(j) The Planning Commission may approve divisible geographic sections of the entire parcel to be developed as a planned residential development and shall, in each case, specify reasonable periods within which development of each section must be commenced and may permit in each section deviations from the number of dwelling units per acre established for the entire planned residential development, provided that such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned residential development is not affected. The Planning Commission may also establish completion dates for each section, based on data and a projected schedule of completion provided by the developer.

(k) Completion of development.

[1] The development shall be initiated within 12 months of final approvals. The period of the entire development from the commencement date for each section thereof may be modified from time to time by the Planning Commission upon the showing of good cause by the owner, provided that in no case shall each extension of time exceed 12 months. The total development shall be completed in accordance with the following schedule.

	Number of Acres	Number of Years
	5 to 200	10
	201 to 300	15
	301 and over	20

[2] The above shall be the maximum period of time for completion of a planned residential development.

[3] The developer shall furnish such performance bond or bonds that may be determined by the Planning Commission to be reasonably required to assure performance in construction of public utilities, streets and other public facilities in accordance with the approved plan and to protect the public interest in the event of abandonment of said plan before completion of the total development.

[4] The estimated costs of measures required to control soil erosion and sedimentation, as specified in the approved plan, may be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified above.

[Added 2-3-1986]

(l) Restrictions shall not be placed on the rental, sale or lease of any property or dwelling unit within such development or membership in any association of residents in such development on the basis of race, religion, creed or national origin.

(m) Parking areas shall be so designed and landscaped as to provide for minimal adverse effects on total livability of the planned residential development. Parking spaces shall be in accordance with the required number of spaces for similar uses as noted in § 213-55 of this chapter. Parking under buildings is to be encouraged.

(n) Utilities shall be designed so that in all cases in a planned residential development underground installation of utilities, including electricity and telephone, in both public streets and under private property, is accomplished.

(o) A plan for soil erosion and sediment control shall be designed in accordance with Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed and does not cause off-site erosion and sedimentation. The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.

[Added 2-3-1986]

(p) The pedestrian circulation system and its related walkways shall be so designed as to provide, wherever possible, for separation between pedestrian and vehicular traffic, including pedestrian underpasses or overpasses, in the vicinities of schools, playgrounds, shopping or other neighborhood uses which generate a considerable amount of pedestrian traffic.

G. Application for tentative approval of planned residential development.

(1) Before exercising the powers of this section, the Planning Commission shall make such written regulations regarding procedure and form of applications as it may determine, provided that they are not inconsistent with this chapter.

(2) The application for tentative approval shall be executed by or on behalf of the owner and filed in duplicate with the Planning Commission. A filing fee in accordance with the City of Meriden Fee Schedule[1] shall be submitted to the Planning Commission. Said filing fee shall be in addition to the cost of any public hearing and advertising and publication costs.

[1] Editor's Note: Said fee schedule is on file in the Clerk's office.

(3) The application for tentative approval shall include such items as the Planning Commission, by its regulations, shall specify in order to disclose:

(a) The location and size of the area involved and the nature of the owner's interest in the land proposed to be developed.

(b) The location, function, ownership and manner of maintenance of common open space and recreation facilities.

(c) The density, approximate height, ground area covered by buildings, general location and basic design and type of buildings and other structures, and numbers of dwelling units and distribution of bedrooms.

(d) The proposals for the disposition of sanitary waste and stormwater.

(e) The proposals for supplying the development with fresh water.

(f) The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements for utilities.

(g) The provisions for parking of vehicles and the location and width of proposed streets and public ways, and the relationship of proposed streets and other public facilities to similar public facilities in proximity to the proposed planned residential development.

(h) Evidence of financial ability to assure completion of the development as proposed. Such evidence may take the form of price/earnings reports, letters from financial institutions or other information that illustrates the long-term financial capacity of the company.

(i) In the case of plans which call for development over a period of years, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed.

(j) The proposals for soil erosion and sediment control and stormwater facilities, including but not limited to the existing and proposed topography, soil types, wetlands, watercourses and water bodies, areas of clearing, the location of and design details for all proposed erosion and sediment control measures and stormwater management facilities, the sequence of grading and construction activities, installation of erosion and sediment control measures and final stabilization of the site. The plans shall conform to § 213-57 of this chapter.

[Added 2-3-1986]

(4) Said application shall also be accompanied by a written statement by the owner setting forth the reasons why, in his/her opinion, the planned residential development would be in the public interest and would be consistent with the standards and criteria of this chapter and with the regulations published by the Planning Commission.

(5) Informal consultations between the owner and the Planning Department prior to the filing of an application for tentative approval are to be encouraged; provided, however, that no statement or representation by a member of the Department shall be binding upon the Planning Commission.

H. Public hearing.

(1) Within 65 days after filing an application for tentative approval of a planned residential development, the Planning Commission shall hold a public hearing on said application. Notice of said hearing shall be given in the manner required by § 213-79A and B.

[Amended 8-17-1987]

(2) A transcript of the hearing shall be caused to be made by the Planning Commission, copies of which shall be made available at cost to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved. The original transcript shall be paid for by the applicant.

I. Action of Planning Commission after hearing.

(1) Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments or any other public agency which has programs or activities which might be affected by the development of a planned residential development.

(2) The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

(a) Grant tentative approval of the plan as submitted.

(b) Grant tentative approval subject to specified conditions not included in the plan as submitted.

(c) Deny approval of the plan, stating in writing its reasons for said disapproval.

(3) Failure of the Planning Commission to act within said period shall be deemed to be a grant of tentative approval of the plan as submitted.

(4) The resolution granting or denying tentative approval shall include conclusions and findings of fact on all the following:

(a) In what respects the plan is or is not consistent with the statement of objectives.

(b) In what respects the plan is or is not in the public interest.

(c) The nature and extent of the common open space.

(d) The reliability of the proposals for maintenance and conservation of the common open space.

(e) The adequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan.

(f) The manner and adequacy of plans for public services, control over vehicular traffic and furthering the amenities of light and air, recreation and visual enjoyment.

(g) The relationship of the proposed development upon the neighborhood in which it is proposed to be established.

(h) The sufficiency of terms and conditions proposed to protect the interests of the public and the residents of the development.

(i) The adequacy of plans for protecting natural resources.

(j) The adequacy of plans for flood control or stormwater retention and storage.

(k) The compatibility of the proposed land uses with existing or proposed land uses on adjacent properties.

(l) The consistency of the plan with the Planning Commission's adopted Comprehensive Plan of Development in effect at the time of application for tentative approval.

(m) The adequacy of plans for temporary and permanent soil erosion and sediment control.

[Added 2-3-1986]

(5) If a protest against a proposed planned residential development is filed within 15 days following tentative approval by the Planning Commission, signed by the owners of 20% or more of the area of the lots within 500 feet in all directions of the property proposed for the planned residential development, the planned residential development shall be referred to the City Council for tentative approval.

(6) Action by City Council.

(a) The City Council, sitting as the Zoning Commission, upon receipt of the petition and tentative approval by the Planning Commission, shall refer said matter to the appropriate Council committee, which shall hold a public hearing on said application within 65 days of said receipt. Notice of said hearing shall be given in the manner required by § 213-79A and B. All interested parties may attend said public hearing and speak for or against said application and submit appropriate evidence. The Council shall consider the proposal in light of the purpose of this section of the chapter and the effects of such development on the surrounding neighborhood and the total City. Within 65 days of public hearing, the Council, sitting as the Zoning Commission, shall either grant tentative approval as submitted or deny approval of the plan, stating its reasons for said disapproval. Notice shall also be posted in the Meriden Public Library.

[Amended 8-17-1987]

(b) Failure of the City Council to act within said period shall be deemed to be a grant of tentative approval as submitted.

(c) The City Council shall then transmit its decision to the owner and the Planning Commission within 15 days of its action.

(7) If tentative approval is granted by the Planning Commission and, where there is a protest by property owners, by the City Council, such approval shall be noted on the Zoning Map maintained in the office of the Planning Commission.

J. Status of plan after tentative approval.

(1) Tentative approval of a plan shall not qualify a plan for recording in the land records.

(2) A plan which has been given tentative approval shall not be modified or revoked nor otherwise impaired by action of any City agency or ordinance pending an application for final approval, except by failure of the owner to file an application for final approval within the specified time.

(3) If tentative approval is granted, subject to conditions, the owner shall, not later than 65 days after receiving a copy of such resolution, notify the Planning Commission of his acceptance or refusal to accept all such conditions. If the owner refuses to accept all such conditions, the application shall be deemed to have been denied. If the owner does not notify the Planning Commission of his acceptance or refusal of all such conditions within said period, tentative approval shall stand as granted.

K. Application for final approval.

(1) An application for final approval may be filed for all the land included in a plan or for a section thereof after approval of a tentative plan by the Planning Commission. Said application shall be filed with the Planning Commission at least 15 days prior to a regular Planning Commission meeting and within one year of tentative plan approval. Failure to submit the plan within this time shall void previous approval unless an extension of up to one year is granted by the Planning Commission. The application shall be filed with such drawings, specifications, documents, information, covenants and easements as the Planning Commission shall have specified at the time of tentative approval. No such application shall be filed for any plan which has not received tentative approval from the Planning Commission or the City Council, sitting as the Zoning Commission, as may be appropriate. No application shall be filed for any property for which the same or a similar application for final approval has been denied by the Planning Commission. Any application filed in contravention of this section shall be deemed to be denied, within the meaning of §§ 8-3 and 8-7d of the Connecticut General Statues, and returned to the applicant. The Commission may require the fulfillment of special conditions and the posting of a performance bond to assure completion of each section of the development as approved. The applicant shall file all required documents and submit a filing fee per dwelling unit as indicated in the Land Use Fee Schedule.

[Amended 8-17-1987; 8-2-1988; 12-1-2008[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Each section shall contain a proportionate amount of the required open space and other public facilities, except that the Planning Commission may accept a performance bond in lieu of such facilities for the first section. In accordance with the schedule proposed in the application for tentative approval, the owner may elect to have final approval of a geographic section or sections of the land included in the plan and may delay application for the final approval of other sections.

(3) A public hearing shall not be required for a final plan submitted for final approval which is in substantial compliance with the plan given tentative approval. Minor changes in the locating, siting, height and design of buildings or structures may be authorized by the Planning Commission.

(a) The plan shall be deemed to be in substantial compliance with the plan previously approved, provided that no modification:

[1] Increases the gross residential density or intensity of use.

[2] Reduces the area set aside for common open space or recreation facilities or provides for a substantial relocation of such area.

[3] Varies the floor area for nonresidential uses by more than 10%.

[4] Varies the total ground area covered by buildings by more than 5% or involves a substantial change in the heights of buildings.

(b) Notwithstanding the above, however, a public hearing shall be required if the Planning Commission at the time of tentative approval has set any condition which is substantial in nature, either as set forth above or as determined by the Planning Commission at the time of tentative approval. Additionally, the Planning Commission may order that a public hearing be held for any application for final approval as it, in its sole discretion, determines necessary or desirable.

[added 8-2-1988]

(4) The Planning Commission may require evidence of financial ability to assure adequate project financing.

(5) (Reserved)[3]

[3] Editor's Note: Former Subsection K(5), regarding filing of documents and a filing fee, was repealed 12-1-2008. See now Subsection K(1).

(6) The burden shall be upon the owner to show the Planning Commission good cause for any variation between the plan given tentative approval and the final plan.

L. Action of Planning Commission on final plan.

(1) Final approval.

(a) If a public hearing is not required and has not been determined necessary or desirable, and the application for final approval has been filed together with all materials as specified by the Planning Commission at the time of tentative approval, the Planning Commission, within 65 days of such filings, shall either:

[Amended 8-2-1988]

[1] Grant final approval of the plan as submitted with whatever conditions it deems necessary;

[2] Deny final approval; or

[3] Refuse to grant final approval if the plan as submitted contains variations from the plan given tentative approval but remains in substantial compliance with such plan; in which case the applicant, within 30 days from the date of notification of such decision, may refile his application for final approval without such variations. If the applicant does not so refile, the refusal of final approval shall be deemed to be a denial. Failure of the applicant to comply with conditions set at the time of tentative approval shall not be considered to be variations within the meaning of this section.

(b) If the owner does not proceed with development within the time period of this chapter, the plan shall be considered to have been abandoned, and the plan shall be null and void, and the development of the property shall be in accordance with the assigned zoning classification.

(2) Plans not in substantial compliance.

(a) If the plan submitted for final approval is not in substantial compliance with the plan given tentative approval, the Planning Commission shall, within 65 days of the date of the filing of the application for final approval, so notify the owner in writing, setting forth the ways in which the plan is not in substantial compliance. The owner may:

[1] Treat said notification as a denial of final approval.

[2] Refile his plan in a form which is in substantial compliance with the plan given tentative approval.

[3] File a written request with the Planning Commission that it hold a public hearing on his application for final approval.

(b) If the owner acts in accordance with Subsection L(2)(a)[2] or [3], he shall take such action on or before the last day of the time authorized for filing the application for final approval or 30 days from the date on which he receives notice of said refusal, whichever is later.

(3) Any such public hearing shall be held within 30 days after the request is received by the Planning Commission. Notice of such hearing and conduct of the hearing shall be in accord with Subsection H.

(4) Within 65 days after the conclusion of such hearing, the Planning Commission shall by resolution either grant or deny final approval of the plan.

M. Status of plan after final approval.

(1) A certified copy of the approved final plan shall be filed in the land records and the office of the City Clerk. Approval of the final plan shall constitute certification that the soil erosion and sediment control plan complies with the applicable requirements of this chapter.

[Amended 2-3-1986]

(2) Upon the filing and recording of the approved final plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto.

(3) If the owner fails to commence construction of the planned residential development within one year after notification of final approval by the Planning Commission, said approval shall be null and void, and no further development shall take place on the property, except as otherwise authorized in this chapter.

(4) The Planning Commission shall review at least once every six months all building permits issued for the planned residential development and make a comparison of the overall development and its activity towards completion in relation to the approved plan and scheduling of the planned residential development.

(5) The Planning Commission or its designated agency shall make periodic inspections of the development activities to assure that temporary sediment and erosion control measures are adequate and maintained until site stabilization is complete and that permanent measures are properly installed.

[Added 2-3-1986]

(6) If the Planning Commission shall find substantial variations of any terms, conditions or restrictions upon which approval of the final plan was granted, the Planning Commission may rescind and revoke such approval upon written notice to the owner.

(7) Penalties for violation of provisions of this section shall be enforceable under § 213-71 of this chapter.

N. Appeal. Any person aggrieved by the action of the Planning Commission in granting final approval of a planned residential development may appeal said action within 15 days to the Court of Common Pleas of New Haven County.

O. Precedence over inconsistent provisions of the Zoning Ordinance. This section shall supersede all sections of this chapter where they may conflict.

P. Definitions. For the purposes of this section of the chapter, the following words shall have the indicated meanings:

COMMON OPEN SPACE

A parcel or parcels of land, or an area of water, or a combination of land and water, within the site designated for a planned residential development and designed and intended for the use and enjoyment of residents of the planned residential development. Said open space shall not include areas devoted to residential or commercial buildings and structures or parking areas. Such open space shall be for the exclusive use for recreation or leisure activities, with appropriate complementary structures and improvements.

OWNER

The legal or beneficial owner or owners of all the land proposed to be included in the planned residential development and the holder of an option or contract to purchase or other person having an enforceable interest in such land shall be deemed to be the "owner."

PLANNED RESIDENTIAL DEVELOPMENT

An area of land controlled by an owner to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk, type of dwelling, density, lot coverage and required open space to the regulations in the zoning district for which said development is proposed.

STATEMENT OF OBJECTIVES

A written statement of the goals of the City of Meriden with respect to land use for residential purposes, density, direction of growth, location and function of streets and other public facilities, common open space for recreation and other factors which the Planning Commission may find relevant in determining whether a planned residential development shall be permitted.

§ 213-35 Planned executive office development district (PEOD).

[Added 6-18-1984]

A. Purpose. The primary purpose of this district is to further the economic base of the City by encouraging well-planned, integrated developments of executive offices, corporate high-tech facilities and other supportive uses in an attractive, efficient, environmentally sensitive campus setting.

[Amended 5-7-1990]

B. Planning Commission authority. The Planning Commission is hereby designated as the agency to administer and enforce this section and shall make such written regulations regarding procedure and form of applications as it may determine.

C. Statement of objectives. A PEOD district shall be designed to meet the following objectives:

[Amended 2-3-1986; 5-7-1990]

(1) Application of creative design techniques to foster attractive, functionally efficient and well-planned developments which will be aesthetically integrated with adjacent areas so that there will be minimal adverse impact on the adjacent properties and streets.

(2) Sufficient capacity in sanitary sewer, water supply and other utility systems will be available over the life of the development.

(3) All water resources and natural land features shall be protected to the fullest extent possible.

(4) Appropriate screening and landscaping is provided.

(5) Soil erosion and sedimentation that occur as a result of the development are minimized during construction and completely stabilized after development is complete.

D. Applicability of PEOD district. The PEOD district designation shall apply only to a tract of land of 16 or more acres, which tract, at the time of application for such designation, is zoned for residential use and is under single ownership.

[Amended 5-7-1990]

E. Permitted uses:

(1) Executive offices, including facilities to house data processing equipment. "Executive offices" are defined as establishments engaged in management and general administrative functions, such as executive, personnel, finance and sales activities, performed centrally for other establishments of the same company, which services shall not be offered to the general public. Further, such offices shall be suites of at least 5,000 square feet. Such a "suite" shall be defined as a room or group of rooms functioning as a unit which are in the same leasehold or ownership for conducting the administrative affairs of one business or corporate entity.

(2) State and federal governmental administrative offices (other than offices which provide a significant amount of in-person service to the general public, e.g., department of motor vehicles, courthouse) engaged in the executive, legislative and/or judicial functions.

[Added 5-7-1990]

(3) High-tech research and development facilities. For purposes of this subsection and all other provisions of § 213-35, the term "high-tech" shall mean the use of sophisticated, state-of-the-art or highly specialized computer/electronic equipment as an integral part of the research/development conducted or the service provided. No such research and development facility shall conduct activities which are conducted at a northeastern manufacturing plant, or which involve abnormally high risk of bodily injury or disease to employees or others situated in or around the facility, or which create or discharge environmental pollutants or hazardous waste.

[Added 5-7-1990]

(4) High-tech medical research, development and testing laboratories which offer no patient care or which offer patient care that is only incidental to their research purposes and not significant in amount. No such medical research, development or testing laboratory shall conduct activities which involve abnormally high risk of bodily injury or disease to employees or others situated in or around the laboratory, or which create or discharge environmental, pollutants or hazardous waste.

[Added 5-7-1990]

(5) High-tech businesses that provide services through the use of sophisticated, state-of-the-art equipment; provided, however, that such businesses do not provide a significant amount of in-person services to the general public. Examples of such businesses might include telecommunications, regional banking and/or credit card processing centers, and computer graphics. These uses shall not include direct sales; provided, however, sales performed centrally for other establishments of the same business entity are permitted. No such high-tech business shall conduct activities which involve abnormally high risk of bodily injury or disease to employees or others situated in or around the facility, or which create or discharge environmental pollutants or hazardous waste.

(6) Among other uses, the following uses are expressly prohibited uses: retail in-person sales, warehousing, distribution, conventional manufacturing and outside storage. In addition, the Planning Commission shall review each proposal (and subsequent use) as to hours of operation and the impact thereof on adjacent properties.

[Added 5-7-1990]

(7) A facility or a college or university accredited by the State of Connecticut, provided that the gross leasable area of such facility shall not be greater than 25% of the total gross leasable area within the PEOD district where the facility is located.

[Added 8-21-2006]

F. Accessory uses.

[Amended 5-7-1990]

(1) Accessory uses may be permitted, provided that they are incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use, and provided that they are in accordance with all PEOD district standards and criteria.

(2) Accessory uses within the PEOD district shall be limited to those uses that are for the convenience of employees, e.g., coffee shop, newspaper, candy stand, or child day-care centers for offspring of employees, and limited to use by occupants and employees of the permitted use or to uses that are necessary to maintain and support the permitted uses. Accessory uses shall not be operated as commercial facilities nor provide services to the general public.

(3) Storage of the high-tech equipment and parts for permitted uses conducted on site.

(4) Any accessory use not approved by the Planning Commission, upon initial approval of a PEOD district, must be approved by the Planning Commission as an amendment to the approval at a regularly scheduled meeting. Such amendment shall only be obtained in accordance with the procedures stated in Subsections H through O of this section.

G. Standards and criteria for a PEOD district.

[Amended 2-3-1986; 5-7-1990]

(1) A plan shall be consistent with the following standards for use of land; the use, type, bulk, design and locations of buildings; the density or intensity of uses; and development by geographic divisions of the area:

(a) Minimum area required for PEOD district designation shall be 16 acres.

(b) Minimum lot area within the PEOD district shall be eight acres.

(c) The plan shall provide a forty-foot landscaped buffer around the entire perimeter, except for such portion of the perimeter on a site which abuts Interstate 91, Route 15 or Interstate 691. Only access drives, landscaping and utilities shall be permitted within this buffer area.

(d) The building setbacks for the underlying zone shall begin at the edge of the forty-foot buffer zone or that portion of the property which abuts Interstate 91, Route 15 or Interstate 691 and shall apply to all buildings within the interior. No parking or structures shall be allowed within this setback.

(e) Lot coverage for principal and accessory buildings and paved areas shall not exceed 50% of the gross land area of each lot within the PEOD district.

(f) All buildings in the PEOD district shall be of similar architectural design, color, texture and scale.

(g) Maximum height of buildings shall be three stories, not to exceed 40 feet, except that antennas, elevator stacks and other similar uses may be erected to a reasonable and necessary height but not greater than 10 feet above any roofline. All roof structures shall be integrated into the architectural design of the buildings so as to be concealed and inconspicuous.

(h) Structures may be further restricted by the Planning Commission to provide for public safety and adequate light and air and to maintain the neighborhood character and shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services as more specifically set forth herein.

(i) The plan shall contain such proposed covenants, easements and other provisions relating to bulk, location, density and public facilities which are consistent with the best interests of the neighborhood and the entire City, as more specifically set forth herein. Said covenants, easements and other provisions may be modified, enforced, removed or released only with the written approval of the Planning Commission.

(j) The Planning Commission may approve divisible geographic sections of the entire parcel so long as all lot and bulk requirements are in conformance with the PEOD district.

(k) The applicant shall provide a phasing plan stating the anticipated time frames for the development of the entire PEOD district.

(l) Streets shall be built to City standards but shall not be accepted by the City for maintenance purposes.

(m) All PEOD districts shall be adequately served by water and sanitary facilities.

(n) All PEOD districts shall have a minimum of 400 feet of frontage on a City street.

(o) Outdoor lighting shall be directed or shielded so that the light source is not readily visible and no glare or direct light is cast on adjacent properties. Indirect light falling on adjacent property shall be of low intensity. Normally, no luminaries shall be more than 10 feet above ground level.

(p) Signs.

[1] Only one freestanding sign pertaining to the use of the entire PEOD district, for the purpose of identifying the development, may be erected. Such sign shall not exceed 40 square feet in area nor a height of eight feet. Such sign shall be placed within the property boundaries of the PEOD district. Such sign may be illuminated but may not be animated, flashing or rotating. A sign which is illuminated shall be shielded so that no glare may be visible from the street.

[2] Only one freestanding sign pertaining to the business, for the purpose of identifying the name of the business, may be erected on any lot in the PEOD district. Such signs are subject in all respects to the requirements of the preceding Subsection G(2)(p)[1] of this section.

[3] Directional signs may be maintained on any lot, provided that no such sign shall be larger than four square feet in area nor exceed a height of four feet.

[4] On a site which abuts Interstate 91, Route 15 or Interstate 691, two additional signs may be permitted, per building, on the side of the building facing the public parking lot subject to the approval of the Planning Commission. Two additional signs, per building, may be permitted on the side of the building adjacent to the highway, subject to the approval of the Planning Commission and Department of Transportation. Said additional signs shall be wall signs and no sign shall be located on the roof of any building or on any exterior wall so as to project above the top of said exterior wall at the location of the sign. Each sign shall not exceed 40 square feet. Signs shall be horizontal and on the same reading plane. A sign may be illuminated if illumination is confined to, or directed to, the surface of the sign, such as a halo-lit sign. Flashing, rotating or intermittent illumination or neon illumination or other similar exposed illumination, including unshielded incandescent, LED or fluorescent bulbs, shall not be permitted.

[Amended 8-23-2018]

(q) Soil erosion and sediment controls shall be developed using the principles outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when complete and does not cause off-site erosion and/or sedimentation. The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.

(r) The development of each lot designated as a development lot in an application under this section shall be initiated (building permit secured) within 12 months of final approval. Upon the applicant's showing of good cause, the Planning Commission may grant one extension to initiate the development. Said extension of time shall not exceed 12 months.

[1] The development of a PEOD district, including all areas treated as subdivisions in the initial application for a PEOD district designation, shall be completed in accordance with the following schedule (as measured from the date the first building permit with respect to such district is issued).

Number of Acres	Number of Years
16 to 24	4
25 to 56	7
Over 56	10

[2] If construction is not completed in accordance with the above schedule, any further development within the area designated a PEOD district shall require another application per Subsection H.

[3] The developer shall furnish such performance bond or bonds that may be determined by the Planning Commission to be reasonably required to assure performance in construction of public utilities, streets and other public facilities in accordance with the approved plan and to protect the public interest in the event of abandonment of said plan before completion of the total development. The estimated cost of measures required to control soil erosion and sedimentation, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Commission.

(2) Utilities shall be designed so that in all cases in a PEOD district underground installation of utilities, including electricity and telephone in both public streets and under private property, is accomplished.

H. Application for tentative approval of a PEOD district.

[Amended 2-3-1986; 5-7-1990]

(1) Before exercising the powers of this section, the Planning Commission shall make such written regulations regarding procedure and form of applications as it may determine, provided that they are not inconsistent with this section.

(2) The application for tentative approval shall be for the entire area of the proposed PEOD district and shall be executed by or on behalf of the owner and filed in duplicate with the Planning Commission. A filing fee in accordance with the City of Meriden Fee Schedule[1] shall be submitted to the Planning Commission. Said filing fee shall be in addition to the cost of any public hearing and advertising and publication costs.

[1] Editor's Note: Said schedule is on file in the Clerk's office.

(3) The application for tentative approval shall include such items as the Planning Commission, by its regulations, shall specify in order to disclose:

(a) The location and size of the area involved and the nature of the owner's interest in the land proposed to be designated a PEOD district.

(b) The location, function, ownership and manner of maintenance of common open space and accessory facilities.

(c) The approximate density, location, height and style, and ground area covered by buildings and other structures.

(d) The proposals for the disposition of sanitary waste and stormwater.

(e) The proposals for supplying the development with fresh water.

(f) The substance of covenants, grants of easements or other restrictions to be imposed upon the use of land, buildings and structures, including proposed easements for utilities.

(g) The provisions for parking of vehicles and the approximate location and width of proposed streets and public ways and the relationship of proposed streets and other public facilities to similar public facilities in proximity to the proposed PEOD district.

(h) A traffic study which addresses the impacts of the proposed development on the road network in the surrounding area and the character and general harmony of the surrounding neighborhood.

(i) The proposals for soil erosion and sediment control, including but not limited to the existing and proposed topography, soil types, wetlands, watercourses and water bodies, areas of clearing, the location of and design details for all proposed erosion and sediment control measures and stormwater management facilities, the sequence of grading and construction activities, installation of erosion and sediment control measures and final stabilization of the site. The plans shall conform to § 213-57 of this chapter.

(j) Evidence of financial ability to assure completion of the development as proposed. Such evidence may take the form of profit/earning reports, letters from financial institutions or other information that illustrates the long-term financial capacity of the company.

(k) In the case of plans that call for development over a period of years, a schedule showing the time within which applications for final approval of all parts of the planned executive office development are intended to be filed.

(4) Said application shall also be accompanied by a written statement by the owner setting forth the reasons why, in his/her opinion, the PEOD district designation would be in the public interest and would be consistent with the standards and criteria of this section and with the standards and criteria of this section and with the regulations published by the Planning Commission.

(5) Informal consultations between the owner and the Planning Department prior to the filing of an application for tentative approval are to be encouraged; provided, however, that no statement or representation by a member of the Department shall be binding upon the Planning Commission.

(6) Said application shall include a list of abutting property owners within 500 feet of the perimeter of the proposed planned executive office development. All abutters will be notified of the public hearing and their right of appeal to the City Council per Subsection J(5).

(7) If any of the standards and criteria are not met at the time that the developer submits an application for tentative approval, the Planning Commission shall not give further consideration to the application unless:

(a) The developer presents adequate evidence of his ability and willingness to correct any condition not meeting these standards; or

(b) The Planning Commission receives adequate documentary evidence of an official action of a municipal or state agency which will satisfy the condition within a time period acceptable to the Planning Commission.

I. Public hearing.

(1) Within 65 days after filing of an application for tentative approval of a planned executive office development, the Planning Commission shall hold a public hearing, and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days and the last notice being not less than two days before such hearing. A copy of the application shall be filed in the office of the City Clerk at least 10 days prior to the scheduled hearing date. All maps, reports and other documents required to be submitted with the application shall be on file in the office of the City Planning Commission and open to public inspection at least 10 days prior to the scheduled hearing date.

(2) A transcript of the hearing shall be made by the Planning Commission, copies of which shall be made available at cost to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved. The original transcript shall be paid for by the applicant.

J. Action of Planning Commission after hearing.

(1) Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments and any other public agency which has programs or activities which might be affected by the development of a planned executive office development.

(2) The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

(a) Grant tentative approval of the plan as submitted;

(b) Grant tentative approval subject to specified conditions not included in the plan as submitted; or

(c) Deny the approval of the plan, stating in writing its reasons for said disapproval.

(3) Failure of the Planning Commission to act within said period shall be deemed to be a grant of tentative approval of the plan as submitted.

(4) The resolution granting or denying tentative approval shall include conclusions and findings of fact on the following:

(a) In what respect(s) the plan is or is not consistent with the statement of objectives.

(b) In which respect(s) the plan is or is not in the public interest.

(c) The adequacy of plans for public services, control over vehicular traffic and furthering the amenities of light and air, recreation and visual enjoyment.

(d) The impact of the proposed development upon the neighborhood in which it is proposed to be established.

(e) The sufficiency of terms and conditions proposed to protect the interests of the public.

(f) The adequacy of plans for protecting natural resources.

(g) The adequacy of plans for flood control or stormwater retention and storage.

(h) The compatibility of the proposed land uses with existing or proposed land uses on adjacent properties.

(i) The consistency of the plan with the Planning Commission's adopted Comprehensive Plan of Development in effect at the time of application for tentative approval.

(j) The adequacy of plans for temporary and permanent soil erosion and sediment control.

[Added 2-3-1986]

(5) If a protest against a proposed PEOD district is filed with the Council within 15 days following tentative approval by the Planning Commission, signed by the owners of 20% or more of the area of the lots within 500 feet in all directions of the perimeter of the property proposed for the PEOD district, the application and the Planning Commission's tentative approval shall be referred to the City Council for tentative approval.

[Amended 5-7-1990]

(6) Action by City Council.

(a) The City Council, upon receipt of the petition and the Planning Commission's tentative approval, shall consider tentative approval at its next regularly scheduled meeting. The Council shall consider the proposal in light of the purpose of this section of the chapter, the effects of development on the surrounding neighborhood and the total City. Within 65 days of the meeting at which the City Council receives the proposal, it shall either:

[1] Grant tentative approval as submitted; or

[2] Deny approval of the plan stating its reasons for said disapproval.

(b) Failure of the City Council to act within said period shall be deemed to be a grant of tentative approval as submitted.

(c) The City Council shall then transmit its decision to the owner and the Planning Commission within 15 days of its action.

(7) If tentative approval is granted by the Planning Commission and if there is not a protest by property owners to the City Council, in accordance with Subsection J(5) hereof, such approval shall be noted on the Zoning Map maintained in the office of the Planning Commission.

[Amended 5-7-1990]

K. Status of plan after tentative approval.

(1) Tentative approval of a plan shall not qualify a plan for recording in the land records.

(2) A plan which has been given tentative approval shall not be modified or revoked nor otherwise impaired by action of any City agency or ordinance pending an application for final approval, except by failure of the owner to file an application for final approval within the specified time.

(3) If tentative approval is granted subject to conditions, the owner shall, not later than 65 days after receiving a copy of such resolution, notify the Planning Commission of his acceptance or refusal to accept all such conditions. If the owner refuses to accept all such conditions, the application shall be deemed to have been denied. If the owner does not notify the Planning Commission of his acceptance or refusal of all such conditions within said period, tentative approval shall stand as granted.

L. Application for final approval.

(1) An application for final approval may be filed for all the land included in a plan or for a section thereof after tentative approval of a plan by the Planning Commission. Said application shall be filed with the Planning Commission at least 15 days prior to a regular Planning Commission meeting and within one year of tentative plan approval. Failure to submit the plan within this time shall void previous approval unless an extension of up to one year is granted by the Planning Commission. The application shall include such drawings, specifications, covenants and easements as may be required by the Planning Commission.

(2) In accordance with the schedule proposed in the application for tentative approval, the owner may request to have final approval of a geographic section or sections of the land included in the plan and may request a delay in the application for the final approval of other sections. The Planning Commission may grant such a request for a delay, subject to specified conditions not in the submitted plan.

(3) A public hearing shall not be required for a plan submitted for final approval which is in substantial compliance with the plan given tentative approval.

(a) The plan shall be deemed to be in substantial compliance with the plan previously approved, provided that no modification:

[1] Significantly increases the gross density or intensity of use.

[2] Varies the total ground area covered by buildings by more than 5% or involves a substantial change in the heights of buildings.

[3] Reduces the area of the required buffer zones.

(b) Minor changes in the siting, height and design of buildings or structures may be authorized by the Planning Commission.

(4) The Planning Commission shall require evidence of financial ability to assure adequate project financing.

(5) The applicant shall file all required documents and a filing fee of $50.

(6) The burden shall be upon the owner to show the Planning Commission good cause for any variation between the plan given tentative approval and the final plan.

M. Action of Planning Commission on final plan.

(1) If a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, the Planning Commission shall, within 65 days of such filing, grant final approval of the plan as submitted; provided, however, that if the plan as submitted contains variations from the plan given tentative approval but remains in substantial compliance with the plan as submitted for tentative approval, the Planning Commission may approve or refuse to grant final approval and shall, within 35 days from the filing of the application for final approval, so advise the owner in writing of said refusal, setting forth in said notice of refusal the reasons why such variations are not in the public interest.

(a) In the event of such refusal, the owner may:

[1] Refile his application for final approval without such variations on or before the last day of the time within which he was authorized by the resolution granting tentative approval to file for final approval or within 35 days from the date he received notice of said refusal, whichever is later; or

[2] Treat the refusal as a denial of final approval and so notify the Planning Commission.

(b) If the owner does not proceed with development within the time period of this section, the plan shall be considered to have been abandoned, and the plan shall be null and void, and the development of the property shall be in accordance with the assigned zone classification.

(2) If the plan submitted for final approval is not in substantial compliance with the plan given tentative approval, the Planning Commission shall, within 65 days of the date of the filing of the application for final approval, so notify the owner in writing, setting forth the ways in which the plan is not in substantial compliance.

(a) The owner may:

[1] Treat said notification as a denial of final approval.

[2] Refile his plan in a form which is in substantial compliance with the plan given tentative approval.

[3] File a written request with the Planning Commission that it hold a public hearing on his application for final approval.

(b) If the owner acts in accordance with Subsection M(2) or (3), he shall take such action on or before the last day of the time authorized for filing the application for final approval of 35 days from the date on which he receives notice of said refusal, whichever is later.

(3) Any such public hearing shall be held within 35 days after the request is received by the Planning Commission. Notice of such hearing and conduct of the hearing shall be in accord with Subsection H of this section.

(4) Within 65 days after the conclusion of such hearing, the Planning Commission shall, by resolution, either grant or deny final approval of the plan.

(5) The Commission may require the fulfillment of special conditions and the posting of a performance bond to assure completion of each section of the development as approved.

N. City Council review when a plan is not in substantial compliance with the plan granted tentative approval.

(1) This subsection shall only apply if final approval is granted after a hearing required under Subsection M(2)(a)[3] and a protest against a proposed PEOD district is filed with the Council within 15 days following final approval by the Planning Commission, signed by the owners of 20% or more of the area of the lots within 500 feet in all directions of the perimeter of the property proposed for the PEOD district.

[Amended 5-7-1990]

(2) The City Council, upon receipt of the petition and the Planning Commission's final approval, shall consider final approval at its next regularly scheduled meeting. The Council shall consider the proposal in light of the purpose of this section of the chapter, the effects of development on the surrounding neighborhood and the total City. Within 65 days of the meeting at which the City Council receives the proposal, it shall either:

(a) Grant final approval as submitted; or

(b) Deny approval of the plan, stating its reasons for said disapproval.

(3) Failure of the City Council to act within said period shall be deemed to be a grant of final approval as submitted.

(4) The City Council shall then transmit its decision to the owner and the Planning Commission within 15 days of its action.

O. Status of plan after approval.

(1) A certified copy of the approved final plan shall be filed in the land records and the office of the City Clerk. Approval of the final plan shall constitute certification that the soil erosion and sediment control plan complies with the applicable requirements of this chapter.

[Amended 2-3-1986]

(2) Upon the filing and recording of the approved final plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto.

(3) If the owner fails to commence construction of the planned executive office development within one year after notification of final approval by the Planning Commission, said approval shall be null and void, and no further development shall take place on the property, except as otherwise authorized in this section.

(4) The Planning Commission shall review, at least once every six months, all building permits issued for the planned executive office development and make a comparison of the overall development and its activity towards completion in relation to the approved plan and scheduling of the planned executive office development.

(5) The Planning Commission or its designated agent shall make periodic inspections of the development activities to assure that temporary sediment and erosion control measures are adequate and maintained until site stabilization is complete and that permanent measures are properly installed.

[Added 2-3-1986]

(6) If the Planning Commission shall find substantial variations of any terms, conditions or restrictions upon which approval of the final plan was granted, the Planning Commission may rescind and revoke such approval upon written notice to the owner, at which time a new application per Subsection H would be required.

(7) Penalties for violation of provisions of this section shall be enforceable under § 213-71 of this chapter.

(8) No improvements shall be constructed and no use shall be conducted in a PEOD district at any time (whether before or after final completion of the total development of the district) unless:

[Added 5-7-1990]

(a) Such improvement, or the specific nature of such use, was approved in the approved final plan, or

(b) Application for such improvement or use is subsequently made and approved in the same manner and subject to the same criteria, to the extent applicable, as pertain to initial applications for tentative and final approval hereunder.

P. Appeals. Any person aggrieved by the action of the Planning Commission in granting final approval of a planned executive office development may appeal said action within 15 days to the Superior Court for the Judicial District of New Haven.

Q. Precedence over inconsistent provisions of the Zoning Ordinance. This section shall supersede all sections of this chapter of the City of Meriden where they may conflict.

R. Definitions. For the purposes of this section of the chapter, the following words shall have the indicated meanings:

OWNER

The legal or beneficial owner or owners of all the land proposed to be included in the planned executive office development and the holder of an option or contract to purchase or other person having an enforceable interest in such land shall be deemed to be the "owner."

PLANNED EXECUTIVE OFFICE DEVELOPMENT (PEOD) DISTRICT

An area of land not less than 16 acres in area, to be developed as a campus-like setting with executive office buildings, selected corporate high-tech uses and accessory uses as defined herein. This development will be designed using creative landscaping and site design methods to eliminate any adverse impact on surrounding areas.

[Amended 5-7-1990]

STATEMENT OF OBJECTIVES

A written statement of the goals of the City of Meriden with respect to land use for office purposes, location and function of streets and other public facilities, design and land planning principles and other factors which the Planning Commission may find relevant in determining whether a PEOD district shall be permitted.

[Amended 5-7-1990]

S. Off-site improvements.

[Added 5-7-1990]

(1) Approval prerequisites. Prior to receiving a building permit for any PEOD district proposal, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvement and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements that benefit the development as determined by the Planning Commission.

(2) Determination of nature of improvement.

(a) Consistent with the provisions of this section, the Planning Commission, with the approval of the City Council and with the assistance of appropriate City departments, shall, prior to the imposition of any conditions on an applicant for a development, determine whether the off-site improvement is to be constructed by the City as a general improvement or whether such improvement is to be constructed by the developer in accordance with Subsection S(1) above.

(b) Once the foregoing determination has been made, the Planning Commission shall estimate, with the aid of the City Engineer and such other persons having pertinent information or expertise:

[1] The cost of the improvement; and

[2] The portion of the total cost of the improvement that is attributable to the development under the provisions of Subsection S(1).

(c) If the improvement is to be constructed by the applicant, a bond or cash deposit in an amount equal to the estimated cost of the improvement may be required as a condition of approval.

(d) In the event that the developer shall not be required to install off-site improvements by virtue of the provisions of this section, then he shall pay to the City his share of the finally determined cost of the off-site improvement. All moneys received by the City in accordance with the provisions of this section shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated for a period of 15 years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest.

§ 213-36 Regional development district (RDD).

[Added 10-21-1985]

A. Purpose. The stated purpose of such a district is to further the economic base of the City by providing for development of a regional scale along the interstate highway system in an attractive, efficient, environmentally sensitive campus setting.

B. Statement of objectives. All development in a regional development district shall be designed to meet the following primary objectives:

(1) Provision of adequate facilities for sanitary sewerage, water supply, stormwater drainage and other utilities for the life of each development.

(2) Application of creative design techniques to foster attractive, functionally efficient and well-planned developments which will be aesthetically integrated with adjacent areas.

(3) Provision of appropriate landscaping, screening and buffers.

(4) Provision of all appropriate off-site roadway and utility improvements necessitated by each development.

C. Uses.

(1) Permitted uses. No building or premises may be used, in whole or in part, for any purpose except those listed below.

(a) Permitted uses by right:

[1] Conference center hotel.

[2] Executive offices, as defined in § 213-35 of this chapter.

[3] Research and development.

[4] Medical centers.

[5] A college or university accredited by the State of Connecticut.

[6] Distribution facility combined with the permitted uses in Subsection C(1)(a)[2] and [3].

[7] Religious assemblies and institutions including places of worship, parochial schools, meeting rooms, and recreation facilities customarily accessory to such uses.

[Added 4-5-2021]

(b) Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73:

[1] Heliports, subject to the conditions of § 213-23B(2)(m).

[2] Coliseums, arenas or stadiums shall be permitted only where direct access to Interstate Route I-691 or I-91 will be provided.

(2) Accessory uses.

(a) Uses incidental and subordinate to the principal use of the land or building and located in the same lot with such principal use, provided that they are in accordance with all other regional development district standards. Accessory uses within the regional development shall be limited to those uses that are for the convenience of employees and limited to use by occupants and employees of the principal permitted use or to uses that are necessary to maintain and support the principal use. Accessory uses shall not be operated as commercial facilities nor provide services to the general public. Any accessory use not approved by the Planning Commission, upon approval of a site plan in a regional development district, must be approved by the Planning Commission as an amendment to the approval at a regularly scheduled meeting.

(b) Light assembly and storage may be permitted as an accessory use.

(c) Corporate training facility may be permitted as an accessory use to an executive/office development or a research and development facility.

(d) A restaurant may be permitted as an accessory use to a hotel/motel. Such restaurant may be open to the general public, provided that the hotel/motel use is in operation.

(e) Signs, as regulated herein and in § 213-56.

(f) Off-street parking in accordance with the requirements of § 213-55.

(g) High-tech processing of goods and materials as an accessory use, provided that:

[1] The proposed processing methods and operations will comply with the following definition of "high tech:" The complex, automated processing or the conversion of goods utilizing computer and/or electronically driven sophisticated, highly specialized equipment.

[2] No more than 30% of the building area on a lot shall be so used and shall be located in the same building as one of the permitted uses.

[3] The following performance standards shall be met at all times by this accessory use:

[a] Noise. Noise from the processing operation shall not be discernible at any point where the regional development district zone abuts a residential zone or use.

[b] Vibration. No vibration shall be transmitted and, therefore, felt outside the lot from which it originates.

[c] Emissions. Emissions of dust, fumes, smoke, vapor, gas, and odorous substance into the outdoor atmosphere shall be made only in compliance with the standards of all applicable federal, state and local laws and regulations. Outside air stacks for control of heat and exhaust in compliance with § 213-36D(6)(a) shall be permitted on the building in which the accessory use is located in compliance with the above federal, state and local laws.

[d] Hazardous materials. The use, storage and disposal of hazardous and/or dangerous materials (as defined in federal and state law and local ordinances and regulations) shall be in accordance with the regulations of the United States Environmental Protection Agency and Connecticut Department of Environmental Protection and applicable local and state fire regulations.

[e] Odor. There shall not be a discernible odor to any objectionable degree from the processing operations at the point where the regional development district abuts a residential zone or use. Any odor will be deemed "objectionable" when either:[1]

[i] The Zoning Enforcement Officer determines, following personal observation, that the odor is objectionable, taking into account its nature, concentration, location and duration; or

[ii] The Department of Environmental Protection Air Compliance Unit determines such according to guidelines and standards provided by the General Statutes of Connecticut.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[f] Glare and heat. The processing use shall be conducted so that direct or indirect illumination from a source of light in the process shall not cause illumination in excess of 0.50 footcandle at the point where the regional development district abuts a residential zone or use. Any form of heat shall not be perceptible outside of the lot where it originates.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) There shall be no outside storage of materials.

(4) The location of the portion of the building devoted to the processing use shall be set back 180 feet from the perimeter of the RDD zone where it abuts a residential zone or use.

D. Development standards. Any plan submitted for approval of a development in the regional development district shall be consistent with the following standards for the use of land; type, bulk design and locations of buildings; and the density or intensity of land uses:

(1) Minimum lot area shall be eight acres.

(2) There shall be a minimum building setback of 60 feet for all yards. For the front yard and all yards abutting residential uses or residential zones, a sixty-foot setback area shall be landscaped so as to provide adequate visual buffering. Such landscaping shall be along the perimeter of a regional development. Where a regional development abuts Route I-91 or I-691, the building setback shall be 25 feet from the highway property line and no visual buffering shall be required unless storage or loading areas face either highway. Screening of loading and storage areas shall consist of coniferous plantings, which shall be installed at the edges of such loading and storage areas. The remainder of the sixty-foot setback shall be attractively landscaped with shrubs, shade trees and grass.

(3) No parking shall be permitted in any sixty-foot setback area in a front yard or any other yard which abuts a residential use or residential zone. Only access drives, natural features, landscaping, directional and identification signs and utilities shall be permitted within the sixty-foot setback area. In no instance shall parking be permitted within 15 feet of a line.

(4) Total lot coverage for principal and accessory buildings and paved areas shall not exceed 50%.

(5) All buildings on an individual lot shall be integrated in terms of architecture, color, texture and scale.

(6) Maximum height of buildings.

(a) Maximum height of buildings, except coliseums, shall be three stories, not to exceed 40 feet, except that antennas, elevator stacks and other similar structures may be erected to a reasonable and necessary height but not greater than 10 feet above any roofline. All roof-mounted structures shall be integrated into the architectural design of the building(s) so as to be concealed and inconspicuous.

(b) Coliseums may be constructed to a height not to exceed 120 feet, including roof-mounted structures. For each foot in height that a coliseum exceed 50 feet, an additional 2 1/2 feet shall be added to the sixty-foot setback requirement.

(7) Structures may be further restricted by the Planning Commission to provide for public safety and adequate light and air and to maintain the neighborhood character and shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services as more specifically set forth herein.

(8) All regional developments shall be adequately served by all necessary utilities, including water, sanitary facilities and storm drainage.

(9) All regional developments shall have a minimum of 200 feet of frontage on a City street.

(10) Outdoor lighting shall be directed or shielded so that the light source is not readily visible and no glare and direct light is cast on adjacent properties. Indirect light falling on adjacent property shall be of low intensity. No luminaries shall be higher than 20 feet above ground level.

(11) Wherever practicable, the regional development shall be planned to accommodate existing natural features, including topography.

(12) Off-street parking facilities shall be laid out in conformance to the requirements of § 213-55E(1), (2), (3) and (4).

(13) All utilities, including electricity and telephone, in both public streets and under private property, shall be underground.

(14) The development shall be initiated (building permit secured) within 12 months of the approval date. Upon the applicant's showing of good cause, the Planning Commission may grant one extension to initiate development. Said extension of time shall not exceed 12 months.

(a) The total development shall be completed in accordance with the following schedule:

	Number of Acres	Number of Years
	8 to 24	4
	24 to 64	6
	64 and over	10

(b) The above shall be the maximum period of time for completion of a regional development site plan from the initiation of development.

(c) If construction is begun and is not completed in accordance with the above schedule, any further development requires another application per the regulations then in effect.

(d) The developer shall furnish such performance bond or bonds that may be determined by the Planning Commission to assure performance in the construction of public utilities and other facilities in accordance with the approved plan and to protect the public interest in the event of abandonment of said plan.

(15) Signs.

(a) Only one freestanding sign, pertaining to the principal use of a regional development, for the purpose of identifying the development, may be erected. Such sign shall not exceed 40 square feet in area nor eight feet in height. Such sign shall be placed within the property boundaries of the regional development. Such sign may be illuminated but may not be animated, flashing or rotating. A sign which is illuminated shall be shielded so that no glare may be visible from the street.

(b) Only one wall sign pertaining to each accessory business use within a regional development, for the purpose of identifying the name of each business, may be erected on any lot in the regional development district. Such signs are subject in all respects to the requirements of building signs contained in § 213-56 of this chapter, as well as the requirements of the preceding subsection of this chapter.

(c) Directional signs may be maintained on any lot, provided that no such sign shall be larger than four square feet in area nor exceed a height of four feet.

(d) On a site which abuts Route I-91 or I-691, one additional sign may be permitted, subject to the approval of the Planning Commission. Such additional sign may be either wall or freestanding, but not a roof sign, and shall not exceed 40 square feet.

E. Standards for review.

(1) For any development within a regional development district a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of this chapter prior to the issuance of a building permit.

(2) In order to aid the Planning Commission's review of a regional development proposal, the Commission shall require that the developer submit for review the following information and studies in addition to information required for a certificate of approval application (§ 213-72J):

(a) A traffic study which identifies the probable impacts of a proposed development on the road network in the surrounding area and the measures necessary to mitigate the negative traffic impacts, if any.

(b) An economic feasibility report which provides sufficient evidence that the developer has the financial means and experience necessary to successfully carry out the project and identifies the fiscal impact of the project on the City.

(c) The site plan shall include all buildings, utilities, grading and structures, both for principal and accessory uses.

(d) An environmental impact report. Such report shall generally include the following items as appropriate for a particular site:

[1] An inventory of existing environmental conditions at the project site and the surrounding area, which shall describe air quality, water quality, water supply, soils, topography, vegetation, wildlife, archaeology, geology and land use.

[2] A listing of all licenses, permits or other approvals required by law other than those to be obtained from the Planning Commission and the status of each.

[3] An assessment of the probable impact of the project upon all topics described in Subsection E(2)(d)[1] above.

[4] A listing of adverse environmental impacts which cannot be avoided and steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding area.

(e) A written statement must be provided by the applicant addressing the following:

[1] The reasons the particular proposal is consistent with the statement of objectives.

[2] A detailed description of all uses and how each accessory use relates to the primary use. This statement shall include area calculations, employment projections, time of operation, storage and equipment area and special needs.

(f) In the case of plans that call for development over a period of years, a schedule showing the time within which the phase will be completed.

(g) The applicant shall file all required documents, and submit a filing fee as indicated in the Land Use Fee Schedule.

[Amended 12-1-2008]

(h) Within 65 days of the meeting at which the application for site plan approval is presented, the Planning Commission shall hold a public hearing, and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days before such hearing. The Planning Commission shall reject or issue the certificate of approval within 65 days of the closing of the public hearing. Failure of action within this time frame shall be deemed approval by the Commission.

F. Off-site improvements.

(1) Approval prerequisites. Prior to the receiving of a building permit for any regional development proposal, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements required for the development and/or improvements that benefit the development, as determined by the Planning Commission.

(2) Determination of nature of improvement.

(a) Consistent with the provisions of this section, the City Council, with the assistance of the Planning Commission and appropriate City departments, shall, prior to the imposition of any conditions on an applicant for a development, determine whether the off-site improvement is to be constructed by the City as a general improvement or whether such improvement is to be constructed by the developer in accordance with Subsection F(1) above.

(b) Once the foregoing determination has been made, the Planning Commission shall estimate, with the aid of the City Engineer and such other persons having pertinent information or expertise:

[1] The cost of the improvement; and

[2] The portion of the total cost of the improvement that is attributable to the development under the provisions of Subsection F(1).

(c) If the improvement is to be constructed by the applicant, a bond or cash deposit in an amount equal to the estimated cost of the improvement may be required as a condition of approval.

(d) In the event that the developer shall not be required to install off-site improvements by virtue of the provisions of this section, then he shall pay to the City his share of the finally determined cost of the off-site improvement. All moneys received by the City in accordance with the provisions of this section shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated for a period of 15 years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest.

G. Precedence over inconsistent provisions of the Zoning Ordinance. Section 213-36 shall supersede all sections of this chapter of the City of Meriden where they may conflict.

§ 213-37 Active adult cluster developments (AACD).

[Amended 9-6-2005]

A. Purpose. The purpose of this section is to encourage developments that provide alternative housing choices for people of 55 years or older. The active adult cluster development is a method of development which permits variation in lot sizes for detached single-family dwellings in R-R, S-R and R-1 Zones without an increase in the density except to the limited extent provided herein with regard to historic structure. Furthermore, development shall consider the protection of surrounding properties and shall provide for open space and preservation of natural and historic features to provide for a shorter network of streets and utilities and more efficient use of infrastructure, i.e., streets and utilities.

B. Planning Commission authority. The Planning Commission is hereby designated as the agency to administer and enforce this section.

C. Statement of objectives.

(1) Active adult cluster development may receive favorable consideration where the following conditions are present and the following objectives are achieved:

(a) There is no adverse impact on adjacent properties;

(b) There is sufficient capacity in sanitary sewer water supply or other utility systems over the life of the development;

(c) Passive and active recreation facilities and other amenities are provided by the developer;

(d) Creative design and careful land planning are accomplished;

(e) Appropriate screening and landscaping is provided;

(f) Water resources and natural and historical features are protected and enhanced;

(g) Soil erosion and sedimentation that occurs as a result of development are minimized during construction and completely stabilized upon completion of development; and

(h) Other necessary facilities are provided for the convenience and welfare of the residents.

(2) If any of the conditions noted in Subsection C(1) are not present when a developer submits an application for approval, the Planning Commission may decide not to give further consideration to the application unless the developer presents adequate evidence of his ability and willingness to correct any condition not meeting these objectives or of the official action of the municipal or state agency which will satisfy the condition within a time period acceptable to the Planning Commission.

(3) This statement of objectives shall not be subject to variance or exception by any City agency.

(4) Homeowners'/unit owners' association.

(a) Prior to the sale of any dwelling units, a homeowners' association or, where ownership of the active adult cluster development is to be in the form of a condominium or other common-interest community, the unit owners' association shall be established (collectively, the "association"). Membership in such association shall be mandatory for all owners of dwelling units in the active adult cluster development.

(b) The association shall be responsible for management, operation and maintenance of all common open space, recreational, cultural and other common areas that are not dedicated to public use or separately owned by owners of dwelling units.

(c) A declaration shall be recorded in the Meriden land records to implement the occupancy restrictions required herein. Such declaration shall specifically provide that the City of Meriden shall be entitled to exercise all enforcement rights that are provided to the association with respect to occupancy restrictions. Such enforcement rights are in addition to any and all rights of the City of Meriden to enforce the conditions of the approval of the planned active adult cluster development. Such provisions of the declaration relating to occupancy restrictions and enforcement by the City of Meriden may not be modified or terminated without the approval of the Planning Commission.

(d) The declaration and association bylaws shall be approved by the Planning Commission prior to recording of same in the City of Meriden land records.

D. Applicability of active adult cluster development. The provisions of this section shall apply only to a tract of land of seven or more acres, which tract is under single ownership and zoned for R-R, S-R or R-1.

E. Permitted uses. Uses permitted in an active adult cluster development may include and shall be limited to:

(1) Single-family detached dwelling units with a maximum of three bedrooms or, in the alternative, two bedrooms plus one utility (guest, study, etc.) room.

(2) Accessory uses such as parking lots, garages, recreational and cultural, to the extent they are designed and intended to serve the permitted occupants of the active adult cluster development and are consistent with and appropriate to the needs and interest of those occupants.

F. Standards and criteria for active adult cluster development.

(1) A plan must be consistent with:

(a) The purpose of active adult cluster development;

(b) The statement of objectives for active adult cluster development;

(c) The general standards established in this chapter; and

(d) The specific rules and regulations for active adult cluster developments adopted from time to time and placed on public record by the Planning Commission.

(2) Occupancy restrictions. Occupancy within active adult cluster development shall be restricted as follows.

(a) Each of the occupied dwelling units shall be occupied only by:

[1] A person who is 55 years of age or older (an "age-qualified person");

[2] A spouse, companion or relative of a age-qualified person residing in the dwelling unit with the age-qualified person;

[3] The spouse, relative or companion of a deceased age-qualified person who had formerly resided in the dwelling unit or who has entered into a long-term care facility, provided that if any surviving spouse, relative or companion of a deceased age-qualified person shall remarry or cohabit then the occupancy requirements of Subsection F(2)(a)[1] and/or [2] above must be met; or

[4] A personal care attendant who is in service to a permitted occupant to attend to that occupant's medical and/or health needs, provided that: the personal care attendant is 21 years of age or older, registered with the Director of Planning's office, and not paying any form of rent; the occupant in question has a note from his/her doctor stating that the condition of the occupant is such that a personal care attendant is warranted; if the occupant in need of a personal care attendant is not in occupancy of the dwelling unit for a period in excess of one month, unless extended by the Commission, the personal care attendant shall not live in the dwelling unit; and provided further that, in all events, at least 90% of the dwelling units shall be occupied by at least one age-qualified person.

(b) No unit may be occupied by a resident who is younger than 18 years of age.

(c) No unit may be occupied by more than three residents.

(d) An owner of a dwelling unit may rent or lease his dwelling unit for a term(s) of not more than one year, provided that each occupant complies with the occupancy restrictions of this section.

(e) Purchase or acquisition of a dwelling unit for investment purposes, that is by an individual who does not intend to occupy the dwelling unit as his residence, or by a trust or other entity where the owner(s) or beneficiary(ies) thereof do not occupy the dwelling unit as his/her/their residence, shall be prohibited, except for ownership (either directly or indirectly) of a particular unit by an individual who is a family member of an occupant of the dwelling unit who meets the occupancy requirements of this section.

(f) Each year in the month of September, the association established pursuant to Subsection C(4) shall deliver to the Commission and the Zoning Enforcement Officer a written certificate certifying, based on reasonable inquiry and documentation obtained from occupants of the units, compliance with the foregoing occupancy restrictions and expressly stating the number of units in which at least one occupant is 55 years of age or older.

(3) A plan shall be consistent with the following general standards for use of land, the use type, bulk, design and location of buildings, the density or intensity of uses, common open space, public facilities and development by geographic division of the area:

(a) The plan may provide for single-family detached structures whether in individual ownership, condominium, cooperative, municipal or other type of ownership.

(b) The total ground area occupied by buildings, structures and paved area (drives, parking, etc.) shall not exceed 20% of the total ground area of the active adult cluster development.

(c) Height of particular buildings shall not exceed 30 feet. Structures may be further restricted by the Planning Commission to provide for public safety, adequate light and air and to maintain the neighborhood character. Structures shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services.

(d) Architectural style of the buildings shall be consistent with the best practices of the architectural profession and shall not conflict with development of any area designated by the Planning Commission as a historical area or amenity. Adequate provisions shall be made for visual and acoustical privacy of individual dwelling units. Insulation within buildings, walks, barriers and landscaping shall be utilized to the greatest extent for the protection and aesthetic enhancement of property and the privacy of occupants. Interior floor plans shall be consistent with and appropriate to active adults and shall include a minimum of one bedroom on the first floor. Units should provide a quality amount of overall living space reflecting the standards of the underlying zoning district.

(e) The maximum number of lots/units to be permitted within an active adult cluster development is determined by reducing the total acreage by 8 1/2% for street right-of-way; also, a further reduction of land area of slopes exceeding 25%; land area designated "inland wetland and watercourses" and land within the one-hundred-year floodplain, at the time of application. The resulting area (development area) is then divided by the minimum per-dwelling-unit area requirement of the underlying zoning district as stated in the Schedule of Lot and Bulk Requirements (§ 213-12B).[1]

[Amended 8-3-2009]

[1] Editor's Note: The schedule is included at the end of this chapter.

(f) Lot size.

[1] The minimum lot size and width and yard requirements are to be as follows:

				Yards (feet)
	Zone	Minimum Lot Size (square feet)	Minimum Width (feet)	Front	Side	Rear
	R-R	30,000	150	30	25	40
	S-R	11,250	90	25	15	40
	R-1	10,000	70	25	7	35

[2] Rear lots shall be permitted per the requirement that each rear lot be a minimum of 1 1/2 times the above minimum lot area requirement, excluding the area of the accessway. Accessways to rear lots shall be a minimum of 20 feet wide, with a minimum of 12 feet of driveway. Each accessway shall provide access for one lot only, and the maximum number of adjoining accessways is two. Front yards for a rear lot must be a minimum of 40 feet from the rear lot line of the lot fronting on the road.

[Amended 8-3-2009]

(g) If the active adult cluster development is not to have separate lots, then the distance between dwelling units shall be a minimum of 25 feet, and all structures shall be set back a minimum of 25 feet from all streets (interior and exterior). The Planning Commission may require further setbacks from streets if sidewalks are required. A building unit envelope of at least 50 feet by 50 feet shall be provided in districts with an underlying RR Zoning District.

[Amended 8-3-2009]

(h) All structures shall be located a minimum of 50 feet from the perimeter property boundary of the active adult cluster development.

(i) Cul-de-sac streets shall not serve more than 16 residential structures.

(j) There shall be a minimum of two off-street parking spaces for each dwelling, one of which shall be within an attached garage.

(k) Each dwelling shall not front on more than one interior street except at street intersections.

(l) Open space.

[1] The land area not allocated to building lots, buildings and/or streets shall be open space and may include certain covered open areas in community facilities, such as patios, walks, walking trails, plazas or covered recreation areas. This space shall be devoted to park, recreation or environmental amenity for the enjoyment of all residents of the development. The Planning Commission may require a permanent conservation easement over that portion of the open space that is to remain in a native state except for amenities such as walking trails. Improved open space shall be of the same character of land to be developed and shall be designed to capitalize on the natural beauty and amenities of the site and landscaped with native trees and shrubs.

[Amended 8-3-2009]

[2] Provisions shall be made for maintenance of open space after completion of the development, either by agreement with the City of Meriden to accept dedication as a municipal park open to the general public or by other methods such as a homeowners' association. The method of maintenance shall be described in detail and approved by the City Planning Commission prior to final approval of the development. Documentation, including deed covenants and homeowners' association organization, shall be presented to the City Planning Commission for its evaluation and approval.

(m) Recreation facilities. Each adult active cluster development must consider the active and/or passive recreation needs of future residents. Each development with more than 15 units shall include a clubhouse for residents.

(n) Streets. All interior streets within the development are to be private streets and the maintenance responsibility of the development. All streets are to be built to subdivision design standards except that interior collector streets shall have a minimum pavement width of 28 feet and interior local street minimum pavement width of 24 feet. Also, the Planning Commission may permit machine-form bituminous curbs in lieu of concrete curbs.

(o) The plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential units, nonresidential uses and public facilities as are necessary for the welfare of the adult active cluster development and are consistent with the best interest of the neighborhood and the entire City. Said covenants, easements and other provisions may be modified, enforced, removed or released only with the written approval of the Planning Commission.

(p) The Planning Commission may approve divisible geographic sections of the entire parcel to be developed as an adult active cluster development and shall, in each case, specify reasonable periods within which development of each section must be commenced and may permit, in each section, deviations from the number of dwelling units per acre established for the entire adult active cluster development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire adult active cluster development is not affected. The Planning Commission may also establish completion dates for each section, based on data and a projected schedule of completion provided by the developer.

(q) The development shall be initiated within 12 months of approval. The period of the entire development from the commencement date for each section thereof may be modified from time to time by the Planning Commission upon the showing of good cause by the owner, provided that in no case shall each extension of time exceed 12 months.

[1] The total development shall be completed in accordance with the following schedule:

	Number of Acres	Number of Years
	10 to 200	10
	201 and over	15

[2] The above shall be the maximum period of time for completion of an adult active cluster development.

[3] The developer shall furnish such performance bond or bonds that may be determined by the Planning Commission to be reasonably required to assure performance in construction of public utilities, streets and other public facilities in accordance with the approved plan and to protect the public interest in the event of abandonment of said plan before completion of the total development. The estimated costs of measures required to control soil erosion and sedimentation, as specified in the approved plan, may be covered in a performance bond or other assurance acceptable to the Commission in accordance with the provisions specified above.

(r) Parking areas shall be so designed and landscaped as to provide for minimal adverse effect on total livability of the adult active cluster development. Parking spaces shall be in accordance with the required number of spaces for similar uses as noted in § 213-55 of this chapter. At least one required space per unit shall be located in an attached garage.

(s) Utilities shall be designed so that, in all cases in an adult active cluster development, underground installation of utilities, including electricity and telephone, in both public streets and under private property, is accomplished.

(t) The pedestrian circulation system and its related walkways shall be so designed as to provide, wherever possible, for separation between pedestrian and vehicular traffic.

(u) A plan for soil erosion and sediment control shall be designed in accordance with Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction; is stabilized and protected from erosion when completed; and does not cause off-site erosion and sedimentation. The appropriate method from of the Connecticut Guidelines for Soil Erosion and Sediment Control (2002), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.

(4) To encourage development that supports preservation of residences and other structures of significant historic, architectural or cultural value or interest (a "historic building"), the Commission, in its discretion, may permit, as part of an active adult cluster development, an increase of up to one additional unit per development acre [Subsection (F(3)(e) above] more than the number of dwelling units that might otherwise be allowed in the proposed active adult cluster development but, in no case, more than four additional dwelling units, provided that the following criteria are satisfied:

(a) The Commission determines that any increase in density under this subsection will be adequately supported by adjacent streets, utilities and other infrastructure;

(b) The Commission determines, based upon appropriate evidence provided by the applicant, that the historic building has significant historic, architectural or cultural value or interest that justifies being supported and encouraged as provided in this section. In its deliberation of the significance and historic value of the structures, the Commission may request the input of Meriden or other government historical societies or bodies, as well as recognized private historic organizations;

(c) The proposed use of the historic building (whether a continuation of an existing use or an adaptive reuse) will not be inconsistent with the character of the historic building or inconsistent with the preservation, with any necessary restoration, of the exterior of the historic building and its architectural features;

(d) Any proposed restoration of deteriorated architectural features shall match design, color, texture and other visual qualities of the rest of the historic building and be based on documented duplications of such features as opposed to conjectural designs;

(e) The proposed development will recognize and respect the siting of the historic building on its lot, including, but not limited to, existing view corridors to the historic building from public streets and, where relevant and appropriate, its relationship to the neighborhood;

(f) The architectural design of new construction shall be compatible with the architectural style exhibited by the historic building; and

(g) The Commission may condition its approval of a development that is approved pursuant to this subsection on appropriate covenants being recorded against the property requiring compliance with undertakings proposed by the applicant to satisfy the above requirements.

G. Application for approval of adult active cluster development.

(1) The application for approval shall be executed by or on behalf of the owner and filed in duplicate with the Planning Commission. A filing fee in accordance with the City of Meriden Fee Schedule shall be submitted to the Planning Commission. Said filing fee shall be in addition to the cost of any public hearing and advertising and publication and for study/studies by a consultant(s) hired by the Planning Commission.

(2) The application for approval shall include such items as the Planning Commission by its regulations shall specify in order to disclose:

(a) The location and size of the area involved and the nature of the owner's interest in the land proposed to be developed.

(b) The location, function, ownership and manner of maintenance of common open space and recreation facilities.

(c) The density, approximate height, ground area covered by buildings, general location and basic design and type of buildings and other structures and numbers of dwelling units and distribution of bedrooms.

(d) The proposals for the disposition of sanitary waste and stormwater.

(e) The proposals for supplying the development with fresh water.

(f) The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements for utilities.

(g) The provisions for parking of vehicles and the location and width of proposed streets and public ways and the relationship of proposed streets and other public facilities to similar public facilities in proximity to the proposed adult active cluster development. Traffic study regarding generation and effect, capacity and alignment of existing street system.

(h) In the case of plans which call for development over a period of years, a schedule showing the time within which applications for final approval of all parts of the adult active cluster development are intended to be filed.

(i) The proposals for soil erosion and sediment control and stormwater facilities, including but not limited to: the existing and proposed topography; soil types; wetlands; watercourses and water bodies; areas of clearing; the location of and design details for all proposed erosion and sediment control measures and stormwater management facilities; the sequence of grading and construction activities; installation of erosion and sediment control measures, and final stabilization of the site. The plans shall conform to § 213-57 of this chapter.

(3) Said application shall also be accompanied by a written statement by the owner setting forth the reasons why, in his/her opinion, the adult active cluster development would be in the public interest and would be consistent with the standards and criteria of this chapter and with the regulations published by the Planning Commission.

(4) Informal consultations between the owner and the Planning Department prior to the filing of an application for tentative approval are to be encouraged; provided, however, that no statement or representation by a member of the Department shall be binding upon the Planning Commission.

H. Public hearing. Within 65 days after filing of an application for approval of an adult active cluster development, the Planning Commission shall hold a public hearing and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days and the last notice being not less than two days before such hearing. All maps, reports and other documents required to be submitted with the application shall be on file in the office of the City Planning Commission and open to public inspection at least 10 days prior to the scheduled hearing date.

I. Action of Planning Commission after hearing.

(1) Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments, and any other public agency which has programs or activities which might be affected by the development of an adult active cluster development.

(2) The Planning Commission shall, within 65 days following the conclusion of the public hearing, either:

(a) Grant approval of the plan as submitted.

(b) Grant approval subject to specified conditions not included in the plan as submitted.

(c) Deny approval of the plan, stating in writing its reasons for said disapproval.

(3) Failure of the Planning Commission to act within said period shall be deemed to be a grant of approval of the plan as submitted.

J. Status of plan after final approval.

(1) A certified copy of the approved final plan shall be filed in the land records and the office of the City Clerk.

(2) Upon the filing and recording of the approved final plan, the zoning and regulations otherwise applicable to the land included in such plan shall cease to apply thereto.

(3) If the owner fails to commence construction of the adult active cluster development within one year after notification of final approval by the Planning Commission, said approval shall be null and void and no further development shall take place on the property, except as otherwise authorized in this chapter.

K. Precedence over inconsistent provisions of the Zoning Ordinance. Section 213-37 shall supersede all sections of this chapter of the City of Meriden where they may conflict.

L. Definitions. For the purposes of this section of the chapter, the following words shall have the indicated meaning:

ACTIVE RECREATION FACILITIES

A common area designated on the final plan including indoor facilities, such as a pool, gym, track, exercise room, etc., large enough to accommodate 1/2 of all residents of the development and outdoor places and equipment for energetic leisure-time activities, such as fields, courses or courts for games involving cardiovascular exercise, and competition involving persons of all ages, such as softball, golf, tennis, swimming, ski trails, including cross-country, appropriate to the needs of the community, but not including basic yards, pavement or areas that are often unusable, such as floodplains.

COMMON OPEN SPACE

A parcel or parcels of land, or an area of water, or a combination of land and water within the site designated for an adult active cluster development and designed and intended for the use and enjoyment of residents of the adult active cluster development. Said open space shall not include areas devoted to residential or commercial buildings and structures or parking areas. Such open space shall be for the exclusive use for recreation or leisure activities, with appropriate complementary structures and improvements.

INTERIOR STREETS

Streets within the boundaries of the adult active cluster development.

OWNER

The legal or beneficial owner or owners of all the land proposed to be included in the adult active cluster development and the holder of an option or contract to purchase or other person having an enforceable interest in such land shall be deemed to be the owner.

PASSIVE RECREATION FACILITIES

A common area designated on the final plan, including indoor and outdoor areas and equipment for less energetic leisure-time activities such as trails for walking and nature observation, remote fishing areas, picnic areas, clubhouse rooms for social recreation such as table games and special health facilities such as saunas or hot tubs, but not including basic yards and sidewalks.

STATEMENT OF OBJECTIVES

A written statement of the goals of the City of Meriden with respect to land use for residential purposes, density, direction of growth, location and function of streets and other public facilities, common open space for recreation, and other factors which the Planning Commission may find relevant in determining whether an adult active cluster development shall be permitted.

M. Effect on previously approved planned residential cluster developments (PRCD).[2]

[Added 7-2-2007]

(1) All lots and single-family detached dwelling units which have been permitted pursuant to a previously approved and filed planned residential cluster development, and for which the owner has commenced construction of the planned residential cluster development within one year after notification of final approval by the Planning Commission, shall be and remain valid building lots or approved units irrespective of the other provisions, conditions and terms set forth in this § 213-37. All conditions which were specified by the Planning Commission in its approval of the PRCD shall remain in effect.

(2) Any modifications, i.e., boundary changes to lots created by such previously approved and filed planned residential cluster development shall be treated, in the same manner as a resubdivision, as defined in § 8-26 of the Connecticut General Statutes. The number of approved lots and density and bulk requirements shall remain as were approved for the PRCD.

[2] Editor's Note: Regulations in this section pertaining to planned residential cluster developments (PRCD) were replaced by those for active adult cluster developments 9-6-2005 by Meriden City Council acting in its capacity as zoning authority.

§ 213-38 Planned elderly housing community (PEHC).

[Added 7-5-1988]

A. Purpose. The purpose of this district is to permit the creation of developments for the elderly that provide for a continuum of care, including detached and attached residential units, with convalescent homes, as defined in this chapter, on a single site in which the users are integrated to provide a comfortable, safe and attractive environment for elderly living and care.

B. Authority and permitted uses. The Planning Commission is hereby designated as the agency to administer and enforce this section and shall make such written regulations regarding procedure and form of application as it may determine. A planned elderly housing community may be permitted on any parcel of land in the City improved with a rest home with nursing supervision (intermediate care facility) or chronic and convalescent nursing home (skilled nursing facility), as licensed by the State of Connecticut, at the time of the adoption of this chapter and otherwise meeting the standards and criteria of this section and on parcels not so improved in R-2, R-3, R-4, C-1 and C-2 Zones.

(1) Uses permitted in a planned elderly housing community may include and shall be limited to:

(a) Independent housing units detached, semidetached or attached units, or any combination thereof.

(b) Convalescent home, as defined in this chapter, provided that any planned elderly housing community shall have at least a rest home with nursing supervision (intermediate care facility) or chronic and convalescent nursing home (skilled nursing facility) in order to qualify for approval under this section. At least 50% of the beds in the planned elderly housing community licensed by the State of Connecticut shall be in the rest home with nursing supervision (intermediate care facility) or chronic and convalescent home (skilled nursing facility) category.

(c) Accessory uses: day-care centers for the elderly which may be located in a separate building or in a convalescent home, as defined in this chapter.

(d) Community building for the use of residents of the planned elderly housing community and recreation facilities oriented to use by elderly persons.

(e) Residential rooms for the elderly licensed by the Housing Division of the City of Meriden, provided that no more than 25% of the total beds in the planned elderly housing community shall be in this category.

[Added 10-2-1989]

(2) A planned elderly housing community shall include a combination of housing units and at least a rest home with nursing supervision (intermediate care facility) or chronic and convalescent nursing home (skilled nursing facility) licensed by the State of Connecticut. This section shall not be applicable to convalescent home separate from independent housing nor to independent housing separate from convalescent home.

C. Development standards. Any plan submitted for approval of a development in a planned elderly housing community shall be consistent with the following standards for the use of land; type, bulk, design and locations of buildings; and the density or intensity of land uses.

(1) Density.

(a) Dwelling units: four units per acre.

(b) Convalescent home: one acre for each thirty-bed unit; each shall be exclusive, i.e., land area may not be counted for dwelling units and a convalescent home.

(c) Residential rooms for the elderly: one acre for each thirty-bed unit or part thereof. Each use shall be exclusive with respect to density, i.e., land area may not be counted both for dwelling units and/or convalescent home and/or residential rooms for the elderly.

[Added 10-2-1989]

(2) Building height: maximum of 35 feet.

(3) A building to be used for housing units shall not exceed 3,000 square feet nor contain more than four units.

(4) Setback and yard requirements. Setback and yard requirements for housing units shall be identical to those required for the zone in which the planned elderly housing community is proposed to be located and for a convalescent home shall be a minimum of 50 feet in any residential zone.

(5) Access. A planned elderly housing community shall be located only on collector or major streets.

(6) Site area: minimum site of five acres. The total ground floor area of all buildings shall not exceed 25% of the site area.

(7) Off-street parking. Off-street parking shall be provided at the ratio of 1.5 spaces for every dwelling unit plus one space for every three beds in a convalescent facility, one space for every three employees, and one space for every five persons enrolled in the day-care facility.

(8) Utilities. Utilities in a planned elderly housing community shall be underground wherever practical.

(9) Pedestrian walks. A pedestrian circulation system shall be so designed so as to provide wherever possible for separation between pedestrian and vehicular traffic. All such walks shall be designed and built to provide for wheelchair access. All existing walks shall be upgraded to accommodate wheelchairs.

(10) Water and sewer. A planned elderly housing community shall be located only in areas which shall have access to public water supply and public sanitary sewer service.

(11) Total lot coverage for principal and accessory buildings and paved areas shall not exceed 50%.

(12) All buildings on an individual lot shall be integrated in terms of architecture, color, texture and scale.

(13) Wherever practicable, the planned elderly housing community shall be planned to accommodate existing natural features, including topography.

(14) Off-street parking facilities shall be laid out in conformance to the requirements of § 213-55E.

(15) Structures may be further restricted by the Planning Commission to provide for public safety, adequate light and air, and to maintain the neighborhood character, and shall be designed and located to be consistent with the reasonable enjoyment of neighboring property and the efficiency of public services as more specifically set forth herein.

(16) The development shall be initiated (building permit secured) within 12 months of the approval date. Upon the applicant's showing of good cause, the Planning Commission may grant two extensions to initiate development. Said extensions of time shall not exceed 12 months each. Building permits for housing units may be restricted by the Planning Commission until such time as the applicant has received all regulatory approvals required for the construction of a convalescent facility and until such time as construction on such facility has actually commenced.

(17) The Planning Commission shall require that 12 1/2% of the independent housing units be constructed as handicapped units in conformity with state and federal requirements for handicapped housing units including handicapped kitchens. All of the units shall be equipped with residential sprinkler systems, handicapped bathrooms and/or intercom systems connecting to the rest home with nursing supervision (intermediate care facility) or chronic and convalescent nursing home (skilled nursing facility) in the complex with the establishment of a response program for handling emergencies. All units shall be totally accessible to wheelchairs. The Planning Commission may reduce the number of handicapped units required by amendment to the site plan approval after the units have been built but only upon the showing by the developer that substantial marketing efforts have been pursued for the handicapped units and that such units have not been sold or rented.

(18) The developer shall furnish such performance bond or bonds as may be determined by the Planning Commission to assure performance in the construction of public utilities and other facilities in accordance with the approved plan and to protect the public interest in event of abandonment of said plan.

(19) The Planning Commission may require a part of the independent housing units to have garages and/or carports.

D. Standards for review.

(1) For any development of a planned elderly housing community, a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of this chapter prior to the issuance of a building permit.

(2) In order to aid the Planning Commission's review of a planned elderly housing community proposal, the Commission shall require that the developer submit for review the following information and studies in addition to information required for a certificate of approval application (§ 213-72J).

(a) A traffic study which identifies the probable impacts of a proposed development on the road network in the surrounding area and the measures necessary to mitigate the negative traffic impacts, if any.

(b) The site plan which shall include all buildings, utilities, grading and structures, both for principal and accessory uses.

(c) An environmental impact report. Such report shall generally include the following items as appropriate for a particular site:

[1] An inventory of existing environmental conditions at the project site and the surrounding area which shall describe air quality, water quality, water supply, soils, topography, vegetation, wildlife, archeology, geology, and land use.

[2] A listing of all licenses, permits or other approvals required by law, other than those to be obtained from the Planning Commission, and the status of each.

[3] An assessment of the probable impact of the project upon all topics described in Subsection D(2)(c)[1] above.

[4] A listing of adverse environmental impacts which cannot be avoided and steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding area.

(d) In the case of plans that call for development over a period of years, a schedule showing the time within which each phase will be completed.

(e) The applicant shall file all required documents and a filing fee as established by the Commission 15 days prior to regular Planning Commission meetings.

(f) Within 65 days of the meeting at which the application for site plan approval is presented, the Planning Commission shall hold a public hearing and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days before such hearing. A copy of the application shall be filed in the office of the City Clerk at least 10 days prior to the scheduled hearing date. All maps, reports and other documents required to be submitted with the application shall be on file in the office of the City Planning Commission and open to public inspection at least 10 days prior to the scheduled hearing date. A transcript of the hearing shall be made by the Planning Commission, copies of which shall be made available at cost to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved. The original transcript shall be paid for by the applicant.

E. Action of Planning Commission after hearing.

(1) Prior to acting on the application, the Planning Commission shall solicit advice and comment from the City Engineer, Board of Education, Fire and Police Departments, and any other public agency which has programs or activities which might be affected by the development of a planned elderly housing community.

(2) The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

(a) Grant approval of the plan as submitted;

(b) Grant approval subject to specified conditions not included in the plan as submitted; or

(c) Deny the approval of the plan, stating in writing its reasons for said disapproval.

(3) Failure of the Planning Commission to act within said period shall be deemed to be a grant of approval of the plan submitted.

(4) The resolution granting or denying approval shall include conclusions and finding of fact on the following:

(a) In what respect(s) the plan is or is not consistent with the purposes of this section.

(b) In what respect(s) the plan is or is not in the public interest.

(c) The adequacy of plans for public services, control over vehicular traffic and furthering the amenities of light and air, recreation, and visual enjoyment.

(d) The impact of the proposed development upon the neighborhood in which it is proposed to be established.

(e) The sufficiency of terms and conditions proposed to protect the interests of the public.

(f) The adequacy of plans for protecting natural resources.

(g) The adequacy of plans for flood control or stormwater retention and storage.

(h) The compatibility of the proposed land uses with existing or proposed land uses on adjacent properties.

(i) The consistency of the plan with the Planning Commission's adopted Comprehensive Plan of Development in effect at the time of application for approval.

F. Covenants and restrictions. An appropriate declaration of covenants and restrictions running with the land in favor of the City of Meriden shall be submitted as part of an application for site plan approval for a planned elderly housing community. Said declaration shall restrict the design, use and occupancy of the buildings and land for "elderly person," as defined in § 213-38G, in accordance with the plans approved by the Planning Commission. Said declaration shall be recorded in the land records of the City of Meriden.

G. Special definitions.

ELDERLY PERSON

An elderly person, for the purpose of this section, shall be defined as any person 62 years of age or over or a person who has been certified by the Social Security Board as being totally disabled under the Federal Social Security Act. At the time of admission to housing in a planned elderly housing community, at least one person per unit must meet the foregoing definition.

H. Precedence over inconsistent provisions of the zoning ordinance. Section 213-38 shall supersede all sections of this chapter of the City of Meriden where they may conflict.

§ 213-38.1 Assisted and Independent Living Facilities Overlay District (ASSIST).

[Added 9-19-2016]

A. Purpose. The purpose of this section is to provide a mechanism for the approval in the M-1, C-1, C-2, R-2 and R-4 Zoning Districts of:

(1) Assisted living facilities (ALF), with or without memory care units, within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, and nutrition;

(2) Independent living facilities (ILF) that offer congregate living arrangements with supportive services to persons over the age of 55;

(3) The development of ALF and ILF in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings;

(4) The development of ALF and ILF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.

B. Permitted uses.

(1) Permitted uses shall be assisted living facilities and/or independent living facilities with supportive services, as well as accessory uses that are intended and designed as supportive services for the maintenance and/or operation of the assisted living facility or independent living facility and/or the use of its residents.

(2) Accessory and incidental retail use, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; food services; library; bank automated teller machine; management offices; adult day care or adult day health facility within the facility is allowed, provided the retail uses are primarily to serve the needs of the residents of the facility, as determined and approved by the Commission. There shall be no external advertising or signs related to any internal retail use, unless approved by the Commission.

(3) When the assisted living facility is located in a nonresidential zone, medical services and adult day care services located within the facility and each occupying no more than 10% of the building area may also be offered to the general public, provided that these services are an important part of the assisted living community and serve the residents thereof.

C. Definitions. Within this section, the following terms shall have the following meanings:

APPLICANT

The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The applicant shall own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site; the owner (or owner's representative) of such land must also sign the application.

ASSISTED LIVING FACILITY (ALF)

Assisted living residence or residence means any development, conducted for profit, which is licensed by the State of Connecticut as an ALF and meets all of the following criteria:

(1) Provides room and board; and

(2) Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, personal care services for three or more adults who are not related by consanguinity or affinity to their care provider; and

(3) Collects payments or third-party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.

BEDROOM

A separate room or distinct sleeping area intended for, or which customarily could be used for, sleeping.

COMMISSION

The Meriden Planning Commission.

DWELLING UNIT

A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

INDEPENDENT LIVING FACILITY (ILF)

A facility reserved for occupancy by persons age 55 who are able to care for themselves, but with some common facilities incorporating supportive services as described herein.

D. Special permit. The development of an ALF and/or an ILF may be permitted upon the issuance of a special permit by the Planning Commission and upon site plan approval pursuant to § 213-72.

E. Statement of objectives. An ASSIST District shall be designated to meet the following objectives:

(1) Application of creative design technique to foster attractive, functionally efficient and well-planned new developments, which will be aesthetically integrated with adjacent areas.

(2) Sufficient capacity in sanitary sewer, water supply and other utility systems will be available over the life of the development.

(3) Appropriate landscaping and buffering is provided.

(4) The independent living facility with supportive services and/or the assisted living facility proposal will help meet senior housing needs of Meriden.

(5) The independent living facility with supportive services and/or the assisted living facility have been designated to meet the needs of handicapped residents or visitors.

F. Standards for ASSIST District, special permit.

(1) Requirements for lot and bulk design criteria applicable to such facilities:

(a) Minimum lot area shall be determined by reducing the lot area for slopes exceeding 25%; land area designated "inland wetland and watercourses" and land within the one-hundred-year floodplain, at the time of application.

[1] Facility containing 101 to 150 units: seven acres.

[2] Facility containing up to 100 units: five acres.

(b) Maximum density dwelling units per acre: 20.

(c) Minimum lot width: 150 feet.

(d) Minimum front and rear yards: 40 feet.

(e) Minimum side yards: 20 feet.

(f) Maximum lot coverage for all building and paved areas: 50%.

(g) Maximum height: underlying zone.

(h) Minimum floor area per ILF unit, square feet: 400 (studios)*; 600 (one or two bedrooms).

(i) Minimum floor area per ALF unit, square feet: 250 (studios)**; 450 (one or two bedrooms).

*Studios shall be limited to a maximum of 20% of total number of units in a development.

**Studios shall be limited to a maximum of 50% of total number of units in a development. [Amended 11-7-2016]

(2) Buffer. A buffer area of 50 feet shall be provided at the perimeter of the property on all sides except street frontage, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Commission may waive the buffer requirement:

(a) Where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least 20 feet in depth which may include such restricted land area within such buffer area calculation; or

(b) Where the land abutting the site is held by the Town for conservation or recreation purposes; or

(c) The Planning Commission determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

(3) Removal and replacement of vegetation. With the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas. No site work shall be permitted prior to the granting of the special permit and written authorization from the Planning and Development Department.

(4) Roadways. The principal roadway(s) and private way(s) serving the site shall be designed to conform to the rules and regulations of the Planning Commission, and acceptable to the Department of Public Works, as required.

(5) Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be 0.3 parking space per dwelling unit in an ALF and one parking space per dwelling unit in an ILF. For both ALFs and ILFs, one parking space shall be provided for every employee during the largest shift. The Planning Commission may increase or decrease the required parking by up to 10% to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least 10 feet in width. Parking lots in front setbacks in residential zones, and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings where practical. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of 20 or more parking stalls, at least one tree of three-inch or greater caliper shall be planted for every 10 parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged.

(6) Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.

(7) Paths. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.

(8) Design and architectural character (for new construction).

(a) Massing and style. Building massing and style shall be distinctively residential in character and compatible with surrounding. Historical and traditional design elements are encouraged. Where an ALF has an accompanying ILF a mix of building styles, including smaller, lower buildings with separate entrances, should be incorporated.

(b) Roofs. New England traditional or vernacular styles are preferred but not mandated. Material shall be consistent with the architecture of the building. Composition shingle material is acceptable, providing that it is of high quality and provides architectural definition to the tab shingle to emulate traditional wood shingle styles. Tile, slate, or metal roofing is permitted, provided it is consistent with the architectural style of the building. Gutters and downspouts are encouraged to provide drainage away from foundations, but shall be consistent with the other architectural elements of the building.

(c) Facade element. Design of any newly developed facade shall be highly detailed and articulated to be compatible with the scale and sensitivity to the residential uses of the project. Facades should have a well-defined foundation, a modulated wall element, and pitched roof or articulated cornice that defines the character of the building, and provides relation to the human scale of typical family residences.

(d) Entrances. Building entrances shall comply with all current accessibility regulations, however, the use of ramps and lifts is discouraged. Buildings should be designed with entrances that are barrier free for the intended residential or commercial uses. The use of sloping entry walks, covered entryways, porticos, arcades, and covered porches is encouraged. Where grade separation of an entrance is required because of site topography, accommodation should be provided in the architectural detail of the entry to allow barrier-free use by building residents and visitors.

(e) Materials and design elements. Material chosen for exterior elements should be consistent with the intent and use of materials traditionally found in residential design in New England. Siding materials such as clapboard and shingle are preferred, and the use of new materials, which reduce maintenance, but emulate the look and feel of traditional materials, is encouraged. The use of a variety of trim material to provide detail at the eaves, corners, gables, pediments, lintels, sills, quoins, and balustrades is encouraged. The use of bays, towers, cupolas, cross gables, and dormers to provide unique character to a building and provide articulation of the facade is encouraged.

(9) The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles.

(10) An ALF or an ILF may consist of a single building or multiple buildings.

(11) Structures and uses accessory to the ALF or ILF may also be provided within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; library; bank automated teller machine; management offices; adult day care or adult day health facility; certain medical facilities; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary, but not exclusive, use of the residents and staff of the ALF or ILF. Such accessory uses shall have no exterior advertising display.

(12) The facility shall be served by the municipal water and sewer system.

G. Conversion of existing structures. Notwithstanding the standards set forth in Subsection F(8)(a) through (e) hereinbefore, applicants may apply for an overlay designation to convert land and buildings that are no longer needed or suitable for their original use, and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

H. Outdoor recreation. Each assisted living facility must provide at least one acre total of outdoor recreation area(s), creatively designed to provide stimulation (i.e., landscaping, walkways, site lighting, bird feeders, benches, and gardens) and shielded from heavy traffic. No less than 25% of the total area of such space shall be contiguous.

I. Zoning Map designation of overlay district area: creation of district. Within any zoning district M-1, C-1, C-2, R-2 and R-4, the City Council may create an Assisted and Independent Living Facilities Overlay District (ASSIST) in accordance with the standards, criteria and procedures contained in this chapter.

J. Application. An application for a special permit, in accordance with the process and procedure as stated in § 213-27R(2) through (8) and listed below, for a site entirely within the ASSIST overlay district shall be submitted to the Planning Commission on forms furnished by the Commission. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the regulations of the Commission. In addition, the applicants shall submit:

(1) The following plans:

(a) A site plan pursuant to § 213-72;

(b) A plan at a scale of one inch equals 40 feet showing the topography of the site at a minimum of two-foot intervals, as well as vegetation and special features, including wetlands, perennial streams and ponds, trees of more than eight-inch caliper, rock outcroppings, slopes in excess of 15%, slopes in excess of 25% for the purposes of calculated lot area, existing and proposed trails and paths, open vistas, structures of historical importance and biological or wildlife habitats, and proposed conservation and recreation easement areas; and

(c) A plan illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings, and typical elevations, as well as the general height, bulk and appearance of structures. The Commission may subsequently require perspective drawings.

(2) The following narrative reports or data:

(a) A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;

(b) A development impact statement determining the impact of the development on the City's capacity to furnish services, including, but not limited to, roads, police, fire, emergency services and water.

(c) The applicant shall provide a market analysis indicating the need for the facility and describing how the project will benefit the City of Meriden and its residents.

(d) Any and all other information that the Commission may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of this section.

K. Action of Planning Commission.

(1) For any development in an ASSIST District a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72 of the zoning regulations prior to issuance of a building permit.

(2) Within 65 days of the meeting at which the application for special permit approval is presented, the Planning Commission shall hold a public hearing, and public notice shall be published at least twice at intervals of not less than two days, the first notice being not less than 10 days nor more than 15 days before such hearing. A copy of the application shall be filed in the office of the City Clerk at least 10 days prior to the scheduled hearing date. All maps, reports and other documents required to be submitted with the application shall be on file in the office of the City Planning Commission and open to public inspection at least 10 days prior to the scheduled hearing date.

(3) Prior to acting on the application, the Planning Commission shall solicit advice and comment from the Department of Public Works, Fire and Police Departments, and any other public agency which has programs or activities which might be affected by the development proposed.

(4) The Planning Commission shall, by resolution, within 65 days following the conclusion of the public hearing, either:

(a) Grant approval of the plan as submitted;

(b) Grant approval subject to specified conditions not included in the plan as submitted;

(c) Deny the approval of the plan, stating in writing its reasons for said disapproval.

(5) Failure of the Planning Commission to act within said period shall be deemed to be a grant of approval of the plan submitted.

(6) The resolution granting or denying approval shall include conclusions and finding of fact on the following:

(a) In what respect(s) the plan is or is not consistent with the purposes of this article.

(b) In what respect(s) the plan is or is not in the public interest.

(c) The adequacy of plans for public services, control over vehicular traffic and furthering the amenities of light and air, recreation, and visual enjoyment.

(d) The impact of the proposed development upon the neighborhood in which it is proposed to be established.

(e) The sufficiency of terms and conditions proposed to protect the interests of the public.

(f) The compatibility of the proposed land uses with existing or proposed land uses on adjacent properties.

(g) The consistency of the plan with the Planning Commission's adopted Plan of Conservation and Development in effect at the time of application for approval.

(7) The Commission shall consider in each case whether the proposed use will:

(a) Be in accordance with the Plan of Conservation and Development.

(b) Not prevent or inhibit unreasonably the orderly growth of the retail business development of the area.

(c) Not adversely affect storm drainage, sewerage disposal or other municipal facilities.

(d) Not materially adversely affect adjacent areas located within the closest proximity to the use.

(e) Preserve or enhance important open space and other features of the natural environment and protect against deterioration of the quality of the environment, as related to the public health, safety and welfare.

(f) Not interfere unreasonably with pedestrian circulation, most particularly as related to retail shopping patterns.

(g) Not adversely affect safety in the streets nor increase traffic congestion in the area so as to be inconsistent with an acceptable level of service nor interfere with the pattern of highway circulation.

(h) Be in scale with and compatible with surrounding uses, buildings, streets and open spaces.

(i) Preserve land, structures or features having special historical, cultural, or architectural merit.

§ 213-39 Planned development district (PDD).

[Added 9-5-1989; amended 7-28-1998]

A. Purpose. The stated purpose of such a district is to allow for diverse but integrated uses (including, but not limited to, open space, recreation, industrial, education, retail-commercial, and housing) in a large area consistent with the objectives set forth in the Land Use Plan of the City of Meriden (adopted August 14, 1985). All of the land in such district may be considered as a single unit of development for the purpose of site planning and utilities so that the integrated nature of the development will be encouraged and maintained, even though individual lots created after the adoption of this district may be separately owned.

B. Statement of objectives. All development in the planned development district shall be designed to meet the following:

(1) Provision of adequate facilities for sanitary sewerage, water supply, stormwater drainage and other utilities for the life of each development;

(2) Application of creative design techniques to foster attractive, functionally efficient, and well-planned developments which will be aesthetically integrated with adjacent areas;

(3) Provision of appropriate landscaping, screening and buffers;

(4) Provision of all appropriate off-site roadway and utility improvements necessitated by each phase of the development; and

(5) An integration of the different uses considering inherent differences of needs and protections.

C. Uses.

(1) Permitted uses by right:

(a) Single-family dwellings.

(b) Two-family and/or multifamily structures.

(c) Manufacturing, production, fabrication and warehouse.

(d) Research and development facilities.

(e) Offices, banks, institutional, public and municipal buildings, schools, including facilities to house data processing equipment, recreational (including equestrian center for general public) and/or health club.

(f) Retail-commercial uses are permitted and shall be designed and intended for the use of the residents of the planned development district, and the burden shall be on the owner to show that such areas will primarily serve persons residing in the planned development district. The total space allocated to retail-commercial establishments shall not exceed 10% of total residential building floor area, and the total area of retail-commercial establishments and their required parking areas shall not collectively occupy more than 10% of the total ground area of the planned development district. No building designed or intended to be used in part or in whole for retail commercial purposes shall be constructed prior to the completion of not less than 30% of the dwelling units in the plan; however, the Planning Commission, at its discretion, upon the completion of 200 dwelling units, may permit retail-commercial development. Retail-commercial uses may be permitted within the development but shall be limited to the following types of shops and stores: bakery, barber, beauty, drug, food, gift, ice cream or sandwich shop, launderette, laundry or dry cleaning (pickup only), restaurant with liquor license, liquor store or gas sales with service center and limited repair (no auto body or general repair). No shop or store shall contain more than 2,000 square feet of sales area, except a food store, which shall contain not more than 5,000 square feet of sales area.

(g) Congregate living center to be defined as a convalescent home, as defined in this chapter, combined with elderly housing to provide a comfortable environment for elderly living and care. Each convalescent house shall be located on one acre of land for each thirty-bed unit. The density of the elderly residential segment shall be per § 213-39D(2).

(h) Hotel.

(i) Riding academies and stables for rental to general public, subject to provisions of § 213-16B(2)(c).

(j) Public and private utility substations.

(k) Places of worship and public assembly.

(l) Home occupations, as per § 213-18B(2)(e).

(m) Commercial clubs.

(n) Child-care provider — Class II.

(o) Electric-generation facilities.

[1] Electric-generation facilities are defined as follows: Any bulk-electric-generating unit and its ancillary buildings and structures. Such ancillary buildings and structures shall be defined to include, but not be limited to, cooling towers, water and fuel storage facilities, stacks and gas and electric transmission lines and towers, provided that such electric-generation facilities shall meet the following conditions:

[a] Such facilities shall be located on a lot having a minimum area of 20 acres.

[b] No building shall be in excess of 120 feet in height. This height limitation and any limits specified in § 213-49A shall not apply to ancillary buildings and structures which may be up to 200 feet in height, provided that the plan for such ancillary buildings and structures shall be submitted to the Planning Commission prior to installation. Upon its review of such plan, the Planning Commission may recommend reasonable conditions to minimize any adverse impacts.

[c] Such facilities shall meet all regulations of the Department of Environmental Protection for such facilities.

[d] Such facilities shall comply with the performance standards set forth in § 213-54 for the industrial districts.

[e] Such facilities shall comply with the width, coverage and minimum yard requirements set forth in § 213-39D(2)(b) for nonresidential uses.

[f] Such facilities shall comply with the off-street parking requirements specified in § 213-55, except that the minimum parking spaces required for such facilities shall be one parking space for each three total employees or 500 square feet of gross building area, whichever is less.

[2] The following provisions shall apply to electric-generation facilities in the PDD and supersede all sections of this chapter of the City of Meriden where they may conflict:

[a] More than one main principal building shall be permitted on one lot.

[b] Outdoor storage or parking of construction trailers shall be permitted.

[c] The supplementary lot, yard, height and building regulations specified in § 213-48 shall not apply.

(p) Child-care provider — Class III, subject to the requirements of § 213-19B(2)(j).

[Added 2-3-1992]

(2) Accessory uses:

(a) Regarding residential permitted uses, same accessory uses are allowed per accessory uses in the R-1 Zone (§ 213-18C).

(b) Regarding nonresidential permitted uses, same accessory uses are allowed per accessory uses in the M-4 Zone (§ 213-32C).

(c) Earth and rock excavation and removal and/or rock crushing for the preparation of land for permitted uses, accessways and utilities.

D. Development standards.

(1) Overall planned development district.

(a) The planned development district zoning designation shall be only applied to a parcel or group of contiguous parcels totalling a minimum of 200 acres. At the time of application for such zoning designation, the entire area must be in single ownership.

(b) A fifty-foot-wide nonencroachment strip shall be provided around the entire perimeter of the planned development district. Only access drives, landscaping and utilities shall be permitted within this nonencroachment strip.

(c) At least 50% of the land area within the planned development district shall be used for open space, recreation, education or housing. All nonresidential buildings shall be a minimum of 50 feet from any residential property line. Like uses shall be clustered together and appropriately separated through landscaping and other buffer methods from other uses (i.e., residential vs industrial areas).

(d) The initial application for development or subdivision within the planned development district shall be accompanied by an A-2 survey of the entire district and a conceptual plan highlighting major land features, environmentally sensitive areas, potential land use areas, access points and conceptual estimate of overall population density. All subsequent applications shall be accompanied with an updated conceptual plan and updated land use calculations of lot coverage, area devoted to different uses, open space and road pattern.

(2) Lot and bulk requirements within the planned development district. For any development within the planned development district, a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of this chapter prior to the issuance of a building permit. Any plan (site plan or subdivision) submitted for approval of a development in the planned development district, except plans for electric-generation facilities which only must comply with the width, coverage and minimum yard requirements for nonresidential uses, shall be consistent with the following lot and bulk requirements:

	Lot				Minimum Yard Requirements1 (feet)
	Area	Area per Dwelling Unit (square feet)	Width (feet)	Coverage (%)	Front	Side	Rear	Maximum Height (feet)
Single-family2	Same as R-1 Zone requirements
Two-family /multifamily3	Same as R-2 Zone requirements, except density for high-rise residential shall be 1,500 square feet per unit. No more than 40% of the acreage devoted to residential use in the planned development parcel shall be developed for high-rise building.							754
Nonresidential3	1 acre	—	100	40%	25	20	20	40

NOTES:
1	When lot lines are coterminous with the perimeter boundary of the planned development district, the minimum yard requirements are in addition to the required nonencroachment strip, § 213-39D(1)(b).
2	Rear lots per § 213-48B are allowed for single-family lots only.
3	More than one principal building is allowed in these areas.
4	The Planning Commission may authorize a high-rise residential structure up to 125 feet, provided that:
	a.	Adequate fire protection and water pressure is to be provided to serve each building;
	b.	An additional setback of one foot for each five additional feet of building height is provided;
	c.	Sufficient developed recreation space is provided on the site; and
	d.	The site is deemed appropriate for a building in excess of 75 feet.

(3) General development standards.

(a) All buildings and signs shall be integrated and compatible in terms of architecture, color, texture and scale.

(b) Structures may be further restricted by the Planning Commission to provide for public safety, adequate light and air, and to maintain the character of the entire district, and shall be designed and located to be consistent with reasonable enjoyment of neighboring property and the efficiency of public service, as more specifically set forth herein.

(c) All uses shall be adequately served by all necessary utilities including water, sanitary sewer facilities and storm drains.

(d) All structures and roads shall be planned to accommodate existing natural features, including topography and inland wetlands and watercourses.

(e) Off-street parking facilities shall be laid out in conformance to the requirements of § 213-55.

(f) All utilities required by § 213-39D(3)(c) above shall be underground.

(g) All streets shall be built to City standards unless waived by the Planning Commission upon consultation with the City Engineer. Any street for which the City standards relating to the construction integrity (i.e., subgrade, base, binder, finished surface, etc.) have been waived shall not be considered for acceptance by the City.

(h) The performance standards in § 213-54 are applicable to all nonresidential uses within the planned development district.

E. Off-site improvements.

(1) Approval prerequisites. Prior to the receiving of a certificate of occupancy for any planned development proposal, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewage and drainage facilities directly related to or required by the proposed development and easements therefor located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements that benefit the development, as determined by the Planning Commission. The Planning Commission shall consider the portion of the developer's land which will be benefited by improvements as compared to developed and other undeveloped land which may be further benefited by the proposed improvements.

(2) Determination of nature of improvement.

(a) Consistent with the provisions of this section, the City Council, with the assistance of the Planning Commission and appropriate City departments, shall, prior to the imposition of any conditions on an applicant for a development, determine whether the off-site improvement is to be constructed by the City as a general improvement or whether such improvement is to be constructed by the developer in accordance with Subsection D above.

(b) Once the foregoing determination has been made, the Planning Commission shall estimate, with the aid of the City Engineer and such other persons having pertinent information or expertise, including the developer and its consultants, the cost of the improvement and the portion of the total cost of the improvement that is attributable to the development under provisions of Subsection E(1).

(c) If the improvement is to be constructed by the applicant, a bond or cash deposit in an amount equal to the estimated cost of the improvement may be required as condition of approval.

F. Precedence over inconsistent provisions of the Zoning Ordinance. Section 213-39 shall supersede all sections of this chapter of the City of Meriden where they may conflict.

§ 213-39.1 Adaptive reuse.

[Added 11-26-2019]

A. Purpose.

(1) The purpose of this regulation is to encourage flexible and creative approaches to the reuse of vacant and underutilized historic industrial buildings, with a view toward conserving and preserving the value of historic buildings, encouraging the most appropriate use of those structures, and reasonable consideration as to the character of the neighborhood.

(2) The development shall promote the economic, cultural and general welfare of the citizens of Meriden through the preservation and protection of the distinctive characteristics of Meriden's historic industrial buildings and provide for appropriate and compatible uses, otherwise not allowed in the underlining zoning district, that complement the surrounding neighborhood.

B. Applicability. Adaptive reuse shall be allowed by special exception and limited to the properties listed in Appendix 1,[1] otherwise known as the Adaptive Reuse Overlay Zone, as amended, provided that:

(1) Above described principal building is at least 50 years old;

(2) The property is no longer productively utilized, or is severely underutilized, and it has been in that state for at least one year;

(3) The Planning and Zoning Commission finds the proposed adaptive reuse in the proposed location is consistent with the Plan of Conservation and Development (POCD).

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

C. Allowed uses. Adaptive reuses shall include the following uses:

Artisan industrial

Artist studio

Banquet hall

Brewery

Brewpub

Brewpub-restaurant

Commercial club

Daycare

Farmers market

Health care services/medical offices

Hotel

Indoor arts, recreation, and entertainment

Indoor storage facilities

Laboratories and research

Light industrial

Membership clubs

Multiple-family dwelling

Planned elderly housing development

Professional offices

Recreation center

Retail sales and service, excluding package stores

Restaurant

A mix of any permitted uses

D. Development standards; site development criteria. Since prior building development has determined the character of the site, land development shall be consistent and shall be in harmony with the established physical relationship of existing buildings to land area. Such site area may be developed and used for the special exception use provided that the Planning Commission finds that the site development plan for the lot or site area has been formulated and integrated in a proper manner with the adjacent developed lots with respect to height, building coverage, building line and building placement on the site and takes into consideration the criteria set forth in the following provisions:

(1) Building setbacks, coverage, frontage and height requirements shall not apply to existing buildings but shall apply to any proposed building additions, or new proposed structures.

(2) Height:

(a) Existing principal and accessory buildings shall not be increased in height except to allow accessory building utilities, including but not limited to radio and television antennae, air conditioners, ventilation, solar heating and elevator systems.

(b) New principal buildings shall not exceed the height of existing principal buildings adjacent to the new building.

(c) New accessory buildings shall not exceed 18 feet in height.

(3) Minimum yards:

(a) The minimum front yard and side yard requirements abutting public streets for new buildings shall be the same as the greatest existing front or side yard dimension on adjacent properties. Additions to existing buildings shall not encroach into those existing yard dimensions.

(b) The minimum requirement for all other side yards shall be consistent with the underlying zone or 40% of the height of the principal building.

(c) The minimum requirement for all rear yards shall be consistent with the underlying zone or 40% of the height of the principal building.

(4) Sidewalks and curbs. The developer shall construct or reconstruct sidewalks and curbs to City standards along all sides of the site which abut a public road. The Planning Commission may waive this requirement for sections of sidewalk that are found to be in good condition and are in compliance with City standards.

(5) Site drainage:

(a) The site shall be adequately designed to convey stormwater. The stormwater drainage system shall meet the City of Meriden Development Stormwater Management Standards outline in Title V of the City of Meriden Subdivision Regulations (as amended).

(b) Roof drainage pipes shall not discharge onto or across sidewalks, driveways, roadways or parking areas.

(6) Roadways, driveways:

(a) All roadways which are proposed to become City-owned streets shall be constructed in accordance with the City of Meriden standards.

(b) All private roadways, driveways, and parking areas shall be:

[1] Designed to facilitate traffic circulation and emergency vehicle movement;

[2] Subject to modifications recommended by the cognizant fire chief and the traffic authority and required by the Commission.

(7) Vehicle parking and loading:

(a) The applicant shall demonstrate that adequate parking is available for all existing and proposed uses on the site.

(b) The required parking for all new buildings and building additions is calculated based on newly constructed gross leasable area and shall be provided in accordance with § 213-55.

(c) The vehicle parking area may be within the building, underground, elevated, or at grade level.

(d) All loading and parking spaces required by these regulations shall be located on the same lot as the use with which such parking spaces are associated, except as may otherwise be permitted by the Planning Commission as part of an approved site development plan and provided the following requirements are met:

[1] Vehicle parking in the front yard shall be separated from the public sidewalk by a landscaped area not less than eight feet in width.

[2] Parking spaces shall not occupy any part of a minimum yard abutting a public right-of-way unless specifically permitted by the Commission and separated from the public right-of-way by a landscaped border of not less than eight feet in width.

[3] Loading space shall not be construed as supplying any required parking space.

(e) Development and maintenance of off-street parking areas or facilities. Every parcel used in whole or in part for off-street parking or loading purposes shall be developed and maintained by the owner of said premises in accordance with the following requirements:

[1] Adequate ingress and egress to an off-street parking area or facility shall be provided for all vehicles by means of clearly limited and defined drives.

[2] Separate pedestrian walkways and/or means of pedestrian ingress and egress to the parking area of the facility shall be required by the Commission in appropriate instances because of the size, layout or location of the parking area or facility.

(f) Nothing in these regulations shall be construed to prevent the collective use of off-street parking areas or facilities for two or more structures or uses, provided the total of such off-street parking spaces supplied collectively shall be not less than the sum of the requirements for the various structures or uses computed separately.

(g) In the case of buildings containing a mix of uses, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses computed separately and adjusted for use scheduling allowances.

(h) Specific and appropriate joint use of off-street parking spaces may be permitted by the Commission in response to a particular development situation, only after it has received a written agreement made between the use parties involved clearly stipulating the terms of the joint use of the parking spaces, and that such spaces are committed and available to the respective users on a nonconflicting basis.

(8) Landscaping. Every developed site shall be landscaped in accordance with these regulations and approved by the Commission. The intent of landscaping, screening and site preservation is to enhance the visual quality of the area, to protect the integrity of the uses, and to preserve the historic environment.

(a) There shall be provided a landscaped border not less than eight feet in width adjacent and parallel to all sides of the site except points of entry. This requirement may be waived by the Commission for borders which abut public streets, which have existing adequate landscaping, or which are determined to be incompatible with good site planning.

(b) Landscaping shall be designed to complement site areas such as pedestrian access, off-street loading areas, parking areas, the building perimeter, etc.

(c) Landscape treatment shall consist of shrubs, ground cover, and trees. Existing trees shall be conserved and integrated into the landscape plan wherever possible. Small or inaccessible areas should be planted with a ground cover other than grass. On large sites the use of knolls, berms, etc. to visually break up large flat areas is encouraged. All new deciduous trees shall be a minimum of two-inch caliper measured one foot above the root crown when planted and all evergreen trees shall not be less than six feet in height when planted unless otherwise noted or required by the Commission. All plant materials shall be selected on the basis of hardiness and appropriateness to its intended use.

(d) Landscaping shall be installed and maintained consistent with the approved site plan.

(9) Screening for specific accessory uses and structures. Facilities for the storage of refuse and garbage shall be located in such a manner as to make the facilities inconspicuous to the general public view with suitable materials to harmonize with the building. Such materials may include, but not be limited to, fencing and plantings. Screening for roof top equipment shall be designed as an integral part of the building.

(10) Lighting.

(a) All floodlighting and all other types of lighting which are intended to illuminate the building or yards shall be arranged so that the lights will not shine into the eyes of any person external to the premises, or cause a nuisance from excessive glare.

(b) The Commission shall require that an off-street parking area, loading area, or parking facility be properly lighted as determined by its size, layout, location or the particular use served by it. Any lighting used to illuminate any off-street parking area, loading area, or parking facility shall be so arranged as to direct the light away from any adjoining premises, not shine into the eyes of any person external to the site, and not cause a nuisance from excessive glare.

(11) Fire protection. Fire hydrants shall be installed on the water lines either within the site or external to the site in accordance with recommendations of the cognizant fire chief.

(12) Noise abatement. All machinery and devices such as ventilation fans, drying fans, air compressors, air-conditioning unit, etc. shall be screened for visual impact as well as shielded and insulated in a manner which shall deaden noise and deflect sound waves away from abutting premises.

(13) Utilities:

(a) If improvements to the City water, sanitary or drainage system are necessary to accommodate sanitary and drainage discharge from the site or increased water service to the site, the developer shall make such improvements as may be required by the Commission and such improvements shall be shown on the site development plan.

(b) All new site utilities shall be located underground. The requirement for underground utilities may be waived by the Planning Commission if underground installation is found to be infeasible.

(14) Proof of land interest/restrictions:

(a) The applicant or applicants seeking approval of a site development plan shall submit evidence of their interest in all land included in the application. In addition, the applicant shall supply the Commission with information on all easements and restrictions.

(b) The developer will be responsible to obtain any covenants, easements or other provisions necessary for the development of the site prior to filing an application for a building permit.

(c) Where it is necessary to place public utility lines across the land comprising the site, or on land not contained in the site, the developer shall provide easements in favor of the City of Meriden on said lands.

(d) Development of all sites shall be designed in such a manner as to minimize erosion from the site both during construction and after development and to prevent sedimentation of watercourses and storm drainage system both on and off the site. Disturbed areas shall be kept to a minimum and seeded as soon as is practicable. Reasonable erosion/sedimentation controls shall be used including but not limited to staked hay bales, drainage, diversion, temporary seeding, sedimentation basins or chambers, watering, and application of chemical agents.

(15) Additional site development requirements applicable to multiple-family dwellings, planned elderly housing developments and elderly living or care facilities:

(a) Multiple-family dwelling, planned elderly housing development, elderly living or care facilities site(s) shall be landscaped, graded and developed to preserve and establish natural vegetation for recreation, screening, shade, and soil stabilization in addition to the other pertinent landscaping requirements.

(b) One-bedroom and efficiency units are a minimum of 500 square feet. Two-bedroom units are a minimum of 650 square feet.

(c) Units shall be designed to provide an acoustically controlled environment in relation to exterior noise and noise from adjacent dwelling units and public spaces.

(d) On-site active or passive recreational facilities and open space areas may be required by the Commission to serve the needs of those living on the site, in consideration of the residential density, and the proximity and adequacy of municipal recreation facilities.

E. Development standards: building criteria.

(1) The exterior rehabilitation of all segments of the visible structure shall be subject to review and approval by the Planning Commission at the time of application. If a building facade is replaced or significantly modified, the Planning Commission may refer the application to Design Review Board.

(2) Findings to the design, architectural treatment and aesthetic character shall be made in view of the fact that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings in any neighborhood adversely affects the desirability of the immediate area and the neighboring areas for residential, commercial or other purposes and, by so doing, impairs the benefits of occupancy of existing property in such areas, the stability and value of both improved and unimproved real property in the area, prevents the most appropriate development and use of such areas and produces degeneration of property with deterioration of conditions in the area affecting the health, general safety and welfare of the community.

(3) Designs for exterior building rehabilitation shall consist of appropriate material, colors, etc. intended to maintain or restore the integrity of the original architectural character of a given structure.

(4) Property to be rehabilitated shall be required to meet the following level of rehabilitation:

(a) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed unless specifically approved by the Commission. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(b) All buildings, structures, and sites shall be recognized as products of their own time.

(c) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and shall be recognized and respected as such.

(d) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site as determined by the Commission shall be treated with sensitivity.

(e) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities to the extent possible. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(f) The surface cleaning of structures shall be undertaken with the gentlest means possible.

(g) Modifications and additions to existing buildings shall not be discouraged when such modifications and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color and material of the structure and character of the property, neighborhood or environment.

(h) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

F. Planning procedures:

(1) Application for special exception will be filed to the Planning Commission in accordance with requirements of § 213-73, and it may be filed concurrently with the C.A. site plan application pursuant to § 213-72.

(2) Amendments and modifications to the special exception and to the site plan shall be made per the procedures outlined in § 213-73 and § 213-72.

(3) Criteria for approval of the special exception. Prior to the approval of a special exception, the applicant must show that the special exception, proposed use and proposed general plan of development shall comply with the following criteria:

(a) The proposed plan of development shows an appropriate and beneficial use of the land and structure thereon.

(b) The proposed use is compatible with the character of the neighborhood.

(c) The proposed use allows the land and structures thereon to retain the historic qualities which allow the City to maintain a reference to its past.

(d) The Commission shall consider the basic design of the proposed use, buildings or development; the relationship between the buildings and the land; the relationship between the use and between buildings or structures; the overall physical appearance of the proposed use, building or development; and its subsequent compatibility with surrounding development and the neighborhood.

(e) The Commission shall also consider the type, size and intensity of the proposed use and compatibility with the adopted City Plan of Conservation and Development, adjacent zones, and the neighborhood.

(f) This special exception approval may or may not be deemed appropriate at every or any location therein or without restrictions or conditions being imposed. The Commission may impose reasonable conditions by reason of the natural location and incidence of the use. In addition to the standards imposed in any referenced section of these regulations as to this particular use, the applicant must comply with these additional conditions as they may apply to the specific use proposed:

[1] The use will not create or aggravate a traffic hazard, fire hazard, or panic hazard.

[2] The use will not block or hamper the City pattern of highway circulation.

[3] The use will not tend to depreciate the value of property in the neighborhood, or its residences or alter the neighborhood's essential characteristics.

[4] The use will not obstruct light or air.

[5] The use will not create the emission of noise, light, smoke, odor, gas, dust or vibration in noxious or offensive quantities.

[6] The extent, nature and arrangement of parking facilities, entrances, and exits are appropriate for the use.

[7] There is adequate public sanitary sewer and water available.

[8] The use conforms with the City of Meriden's Plan of Conservation and Development and other applicable laws, codes or ordinances.

(g) Accessory uses will be permitted, including but not limited to radio and television antennae; signs; maintenance and elevator buildings; vehicle parking areas and parking structures for residents, customers, visitors and employees of the uses conducted and for which the parking use is appurtenant.

§ 213-40 Ridgeline protection zone.

A. Statutory authorization. This chapter is adopted pursuant to § 8-2 of the Connecticut General Statutes, as amended.

B. Purpose. To restrict development in the ridgeline setback area, as defined herein.

C. Definitions. In this section, words and phrases defined below shall have the meanings indicated:

BASALT (TRAPROCK) RIDGELINE

The line on a traprock ridge created by all points at the top of a fifty-percent slope (two horizontal for each vertical unit of distance) along Beseck Mountain, Lamentation, Cathole, South Mountains, East/West Peaks, (not Chauncey Peak), which is maintained for a distance of 50 horizontal feet perpendicular to the slope and which consists of surficial basalt geology.

DEVELOPMENT

Defined as found in C.G.S. § 8-2.

NONCONFORMING USE

A use, whether of a building, structure or lot, or combination thereof, that legally exists before the effective date of this chapter, yet currently fails to conform to this chapter as a result of the adoption of this chapter.

PASSIVE RECREATION

Nonmotorized recreation, such as hiking, bicycling, picnicking and birdwatching.

RIDGELINE SETBACK AREA

The area bounded by: .

(1) A line that parallels and is placed a horizontal distance of 150 feet off the more wooded, lesser-sloped side of all basalt (traprock) ridgelines, as defined in this subsection; and

(2) That contour line located below the basalt (traprock) ridgeline on the rocky, more steeply sloped side of a basalt (traprock) ridgeline, where a fifty-percent slope (two horizontal for each vertical unit of distance) has been maintained for a distance of 50 horizontal feet

SELECTIVE TIMBERING

The harvesting of no trees greater than six inches in diameter at breast height (dbh).

D. Applicability.

(1) All development proposals within the ridgeline setback area, as defined in Subsection C, whether public or private, shall comply with the requirements and purposes of this chapter.

(2) For the purposes of this chapter, development proposals include proposals which require any of the following: certificate of approval, special exceptions, variance, building permit, PRD, PRCD, grading, filling or excavation permits.

E. General requirements.

(1) Map. The City shall cause to be drafted and obtain within three months after the enactment of this chapter a map or series of maps which generally delineate the ridgeline setback area as defined in Subsection C. This map shall not be the definitive source for these areas but will serve to alert the public and municipal officials of the potential presence of a ridgeline setback area. The City may subsequently amend this map as newly acquired information concerning the presence of additional ridgeline setback areas is presented to it. Information provided by the map shall be used for general informational and illustrative purposes only. The actual presence and location of ridgeline setback areas, as determined by qualified technical professionals, shall govern the review of a submitted development proposal.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Permitted operations and uses. The following operations and uses shall be permitted in ridgeline setback areas, as of right, as set forth in C.G.S. § 8-2(c).

(a) Emergency work necessary to protect life or property.

(b) Approved development proposals which were applied for prior to the effective date of this chapter.

(c) Any nonconforming use of the land lawfully existing at the effective date of this chapter.

(d) Selective timbering, grazing of domesticated animals, passive recreation.

(3) Prohibited operations and uses. Prohibited operations and uses in the ridgeline setback areas are building construction, road construction, utility construction, quarrying, clear-cutting of vegetation and cutting of timber within 50 feet of the ridgeline, as defined in Subsection C.

Ridgeline Protection Zone