Applications for approval of all uses named as special cases
by these Regulations, or for the approval of any use not provided
for or allowed by these Regulations, shall be made to the Zoning Commission.
In addition to specific uses requiring special case approval, special
case approval is required for any proposal having any of the following
characteristics:
1) Any increase in floor area by the following amounts per use:
Use
|
Square Feet
|
---|
Restaurant
|
3,000
|
Commercial/office
|
5,000
|
Industrial
|
20,000
|
Warehouse/wholesale/storage
|
50,000
|
2) Any new building, change of use or combination thereof, which requires
an increase of parking by 50 spaces or greater.
3) Any building/use in which a drive-through window is proposed.
4) Any significant alteration of a previous special case, as determined
by the Zoning Commission.
5) Any reuse of vacant commercial or industrial space greater than 150,000
square feet, regardless of the proposed use.
Those uses which are named as special cases by these Regulations
shall be considered to be permitted uses in the districts under which
they are named, subject to approval by the Commission as to each specific
use. Each of these uses is declared to be of such peculiar and unusual
nature in its effect on an area that in order to have it comply with
the purposes of the zoning regulations it is necessary to consider
it as a special case. In reviewing a special case application, the
Commission shall require adherence to the following special case criteria
and objectives and site plan objectives set forth in the following
sections. The Commission may, after public notice and hearing in the
same manner required by law for zoning amendments, and by the affirmative
vote of four or more members present at the hearing, approve the use
after making special application of these Regulations in harmony with
their general intent by stipulating such restrictions as appear to
the commission to be reasonable and the minimum necessary to protect
property values in the district as a whole and the public health,
safety and welfare. If the Commission determines that an application
does not comply with the following criteria and objectives it shall
deny the application.
Before approving any special case the Commission shall consider
the following special case criteria and objectives in addition to
all site plan objectives set forth in Section 20.2.2 of these Regulations.
20.2.1 Special case criteria and objectives.
A)
The proposed use shall be in conformance to all requirements
of the district in which it is located in addition to any other standard
prescribed by these Regulations.
B)
The location, size and intensity of such use shall be compatible
and harmonious in relation to the size of the property and existing
neighborhood development.
C)
The proposed use shall be in conformance with the Town Plan
of Development.
D)
The design, location and specific details of the proposed use
shall not adversely affect safety in the streets nor increase traffic
congestion in the area nor interfere with the pattern of highway circulation.
Information on past and present roadway conditions, existing roadway
capacity, traffic accidents, existing and projected traffic volumes
(ADT, Peak a.m. and Peak p.m.) existing and projected volume/capacity
ratios, existing and projected levels of service and adequacy of traffic
signalization and channelization shall be required for all projects
impacting traffic conditions.
E)
The emission of noise, light, smoke, odor, gas, dust or vibration
shall not adversely affect land, water or air quality.
F)
The proposed use shall not adversely affect the tax valuation
of neighboring properties as a result of the proposed use.
G)
The proposed use shall not create any fire or police hazards.
20.2.2
Site plan objectives.
In reviewing a site plan, the commission shall take into consideration
the health, safety and general welfare of the public and may require
such modifications it shall deem necessary to ensure the accomplishment
of the following objectives. If the Commission determines that an
application does not comply with the following objectives it shall
deny the application.
20.2.2.1 General building and property considerations. That the location,
size, design and specific details of all proposed buildings and uses
shall be compatible and harmonious with the character and appearance
of the surrounding neighborhood. The following aspects shall be evaluated
to determine conformity to this objective.
A)
The architectural design of all buildings including materials,
color, elevations, roof line, height, size, location, bulk and signage.
B)
The specific nature of the use including but not limited to
occupancy, number of employees, hours of operation, etc.
C)
The provision for open space and/or recreation areas.
D)
The protection, preservation and/or enhancement of the natural
environment including topography, vegetation, watercourses, wetlands,
scenic views, historical structures, etc.
20.2.2.2 Traffic, pedestrian access, circulation and parking. That all vehicular
and pedestrian accessways, vehicular circulation patterns and off-street
parking areas are safely designed to prevent traffic and pedestrian
hazards both on and off the site. The following aspects shall be evaluated
to determine conformity to this objective.
A)
The number, location, width, grade and alignment of vehicular
and pedestrian entrances, exits, drives and walkways and the adequacy
of pedestrian drop-off areas.
B)
The distance of entrances and exits from street corners, other
accessways and places of public assembly.
C)
The visibility in both directions at all entrances and exits
of the site.
D)
The extent, nature and arrangement of parking facilities, entrances
and exits including the location and design of vehicle maneuvering
areas, back around areas and fire lanes and the adequacy of vehicular
stacking lanes.
E)
The minimization of curb cuts and the interconnection of adjoining
parking areas in order to encourage safe and convenient circulation.
F)
The provision of safety devices necessary to protect life and
property such as traffic signs, crosswalks, guardrails, etc.
20.2.2.3 Landscaping and screening. That the proposed development will protect
the environmental quality of the site and preserve and enhance adjacent
property values. The following aspects shall be evaluated to determine
conformity to this objective.
A)
Existing trees shall be preserved to the maximum extent possible
particularly within all setback and buffer areas.
B)
The adequacy of landscaping within and bordering parking and
loading areas.
C)
The location, height and materials of walks, fences, berms,
hedges so as to ensure compatibility with adjacent development.
20.2.2.4 Lighting.
A)
All exterior lights and illuminated signs shall be designed
and directed so as to prevent objectionable light at, and glare across,
the property lines.
B)
All exterior light fixtures shall be located at a minimum height
from the ground and the maximum distance from the property line necessary
to provide adequate and safe lighting.
20.2.2.5 Public health and safety. That all utility systems shall be suitably
located, adequately designed and properly installed to serve the proposed
uses and to protect the environment from adverse air, water or land
pollution. All buildings and uses shall be directly accessible for
fire, police, and emergency medical services.
A)
All refuse and recycling areas shall be located near the service
entrance and shall be screened or otherwise enclosed by plantings,
walls or fencing.
B)
The applicant shall prepare pre-development and post-development
calculations of the stormwater runoff and provide a design that demonstrates
a zero impact to the Town's storm drainage system, including natural
waterway systems. Accordingly, the applicant shall evaluate the impacts
to downstream conditions. The analysis shall include impacts from
the quantity of runoff as well as the quality of the runoff. The drainage
collection system shall be designed in accordance with the requirements
of the Connecticut Stormwater Quality Manual, as amended, as well
as the requirements of Town stormwater ordinances. In addition to
best management practices currently available and in the absence of
specific design criteria which may not be identified in these documents
or other requirements of the Town, the applicant shall, at a minimum,
design the stormwater collection system to retain the first inch of
runoff on site, and provide a zero increase in the peak rate of runoff
from the site for the twenty-five-year storm, with an evaluation of
the impacts from a fifty- and 100-year storm. After the evaluation
is complete, if a larger design storm is warranted as determined in
consultation with the Town Engineer, the applicant shall design the
drainage for no net increase in the runoff from the 100-year storm.
C)
Provision shall be made for all necessary sedimentation and
erosion controls during construction. [Effective 12-27-1991]
Any petition approved as a special case and no building permits
having been secured within 18 months of the final approval by the
Commission or no extension having been granted by the Planning and
Zoning Administrator, the area shall revert back to its original status.
The Planning and Zoning Administrator may grant an extension
of 18 months, not to exceed a cumulative total of six years, to obtain
building permits for any petition approved as a special case. The
Planning and Zoning staff shall report back to the Zoning Commission
administratively when an extension is granted. The Planning and Zoning
Administrator may choose to refer any request for an extension to
the Zoning Commission for an administrative review. Any extension
sought after the initial six years from the date of approval shall
return to the Zoning Commission for an administrative review.
Site plan review is the standards-based process by which development
applications are examined for consistency with the requirements of
these Regulations. Site plan review shall be required if:
a. An application involves a variance (Section 21);
b. An application involves a special case or unnamed uses (Section 20);
c. An application involves a coastal site plan approval, with exceptions
(Section 3.1.1);
d. An application involves a subdivision;
e. An application involves a zone change; or
f. An application involves a development pursuant to C.G.S. § 8-30(g).
An application for site plan approval may only be submitted
by the owner of the property, a holder of a legal interest in the
subject property, or the owner's or holder's agent. The application
shall be submitted to the Zoning Commission on a form provided by
the Zoning Office and shall include the requisite fee for review of
the site plan application and the following information:
a)
Legal data:
1.
A list of the names and addresses of all property owners of
record as per the Tax Assessor's records within 100 feet of all property
lines of the subject property.
2.
Lot dimensions and survey data, and section and lot numbers
of the subject property.
3.
Reservations, easements, and areas dedicated to public use,
if known, shall be shown.
b)
Site plan review requirements.
1.
The site plan must be drawn to a scale of 40 feet to one inch
and shall include the subject site and the adjacent street(s) to the
near curbline and, as may be relevant to the application, adjacent
streets and the closest 50 feet of adjacent lots.
2.
Proposed and existing structures and amenities, including, but
not limited to, footprints of foundations, porches, decks, walkways,
travel lanes, and parking areas, shall be indicated. Sufficient dimensions
shall be shown to allow all zoning requirements to be confirmed.
3.
Existing natural features, such as watercourses, wetlands, and
trees of two-inch caliper and larger, including street trees, shall
be indicated. Proposed landscaping (including trees and/or shrubs,
lawn, other landscape features and natural terrain not to be disturbed)
shall be indicated.
4.
Zone development standards/table required and proposed shall
be indicated in a table. Existing and proposed street and lot lines,
setback lines, building heights, roof profiles, amounts of floor area
by use, amounts of lot area by open use, amounts of parking required
and provided, and outdoor illumination shall be indicated.
5.
Existing and proposed grades shall be shown at two-foot intervals.
6.
One or more benchmarks that can be used in the field to verify
conditions shall be indicated.
7.
Survey: A class A-2 survey of the property, improvements and
easements.
8.
Impact analysis: An impact analysis of the development upon
storm drainage, sanitary sewerage, traffic, site conditions and/or
environmental resources, including environmental impacts to coastal
resources and the ecosystems and habitats of Long Island Sound.
c)
Site plan review standards.
1.
In acting upon any application for site plan approval, the Zoning
Commission shall determine that all requirements of the Zoning Regulations
of the Town of Stratford are met and that all applications comply
with site plan review objectives set forth in Section 20.2.2.