Article III Common Regulations

The Commission shall appoint an Architectural Review Committee. The Committee shall consist of five regular members and two alternate members. The Town Planner shall be a regular member of the committee. Initially, two members shall be appointed to a term of one year, two members shall be appointed to a term of two years and one member shall be appointed to a term of three years. Thereafter, all members shall be appointed to a term of three years. Initially, one alternate member shall be appointed to a term of one year and one alternate member shall be appointed to a term of two years. Thereafter, all alternate members shall be appointed to a term of three years. At least one alternate or regular member should be an architect or landscape architect. At least one alternate or regular member should have a background in historical preservation.

The Committee's recommendations are strictly advisory. The Committee's actions shall not result in a delay in the time allowed for the normal processing of applications.

Applicability. Proposed development, construction or redevelopment or use in a TC, PI, HLB or TG District shall be reviewed in relation to these design guidelines. In addition, nonresidential uses in any other district which will change the appearance of a structure, or where a new structure is to be built for nonresidential purposes, shall also be reviewed in relation to these design guidelines.

Procedure.

The Committee shall review an application in relation to the design guidelines of this section and may request the assistance of a design professional(s) in evaluating such plans. Within 35 days after being referred to the Committee, the Committee shall review and make written recommendations.

[Amended 4-14-2025]

Any recommendations or suggestions so received from the design professional(s) shall not be binding on the Committee.

Guidelines.

Relationship of buildings to site and adjoining areas.

Buildings should be organized in a coordinated and functional manner that is compatible with site features and the desirable characteristics of adjoining areas.

A unified design theme for building massing, exterior treatments and signage should be established where harmony in textures, lines and masses is provided and monotony is avoided.

Parking areas should be treated appropriately in relation to the building, the neighborhood and the community.

The height and scale of each building should be compatible with its site and existing (or anticipated) adjoining buildings.

Newly installed utility services, and service revisions necessitated by exterior alterations, should be underground.

A desirable streetscape and attractive landscape transitions to adjoining properties shall be provided.

Landscape and site treatment.

Landscape treatment should be provided to enhance architectural features, shield unsightly areas, provide shade and relate to the natural environment and topography.

Plant material that is indigenous to the area should be selected for its ultimate growth and for interest in its shape, texture and color.

Pedestrian walkways should provide safe. and convenient connections within the site and between adjacent sites and shall be constructed of all-weather materials appropriate for the location (such as brick, concrete or paving blocks, but not earth, gravel or loose stone).

Existing trees at four inches or greater caliper should be incorporated into the site plan.

Building design.

Architectural features should be evaluated based on the scale of the building(s), the quality of the design and the relationship to surroundings.

Facades and rooflines should be articulated and/or varied to reduce the appearance of bulk and provide architectural interest.

Building materials should have good architectural character and durable quality and shall be selected for harmony of the building with adjoining buildings and the immediate neighborhood.

Building textures, colors and components should be selected for harmony of the building with those in the neighborhood where it will be located.

Utility and service equipment areas shall be screened from public view with materials harmonious with the building.

Signs and lighting.

Signs should be designed as an integral architectural element of the building and site to which it principally relates and shall be coordinated with the building architecture.

Exterior lighting, where used, should enhance the building design and the adjoining landscape.

§ 415-16 Low-impact development (LID) regulations.

Lighting should be restrained in design and excessive brightness avoided.

Purpose and intent. The purpose of these LID regulations is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development water runoff.

Stormwater runoff and non-point source pollution associated with new development and redevelopment. LID site planning and proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, protect water and aquatic resources, and promote groundwater recharge to protect surface and groundwater drinking supplies.

Administration. The Commission shall administer, implement and enforce these regulations. The Commission may utilize consultants or staff as its authorized agent for the purposes of reviewing applications for consistency with these LID regulations.

Scope and applicability. These LID review regulations shall apply to all development subject to site plan review, or approval by the Commission or the Zoning Board of Appeals, as the case may be, of a special permit. A single-family dwelling that is not part of a subdivision of land shall be exempt from these low-impact development (LID) regulations, except where required in the HL District.

Review procedures and requirements. Applications requiring LID review shall be required to submit the materials as specified in this section, and are required to meet the LID criteria as specified herein.

Peer review. The Commission may retain the services of a registered professional engineer licensed in the State of Connecticut or other professional consultant to advise the Commission on any or all elements of the proposed development's LID plan. In all cases in which the Commission deems that a peer review of the LID plan is warranted, the applicant shall be required to reimburse the Town for the cost of the peer review. This payment shall be made to the Town in advance of the peer review based on an estimate provided by the peer reviewer. Failure to pay for the peer review costs shall be grounds for denial of the application.

Project completion. At completion of the project, the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices required for the site as required herein. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer licensed in the State of Connecticut.

LID plan contents.

The LID plan shall contain sufficient information for the Commission to evaluate the environmental impact, effectiveness and acceptability of the site planning process and the measures proposed by the applicant for reducing adverse impacts from stormwater runoff. This plan shall be in accordance with the criteria established in this section and must be submitted with the stamp and signature of a professional engineer (PE) licensed in the State of Connecticut.

The LID plan shall fully describe the LID elements of the proposed development in the form of a LID plan map and narrative. The map and attached narrative shall include and discuss, at a minimum, the following elements:

The proposed land use for the site and the location(s) of proposed buildings or other structures, impervious surfaces and drainage facilities, if applicable;

The location(s) of existing and proposed easements;

The location(s) of existing and proposed utilities;

The site's existing and proposed topography with contours at two-foot intervals;

The existing site hydrology (both groundwater recharge and surface runoff);

The delineation of existing stormwater conveyances, impoundments, wetlands, drinking water resource areas or other critical environmental resource areas, on or adjacent to the site or into which stormwater flows;

Soils information from test pits performed at the location of the proposed LID elements, including but not limited to soil descriptions, depth to seasonal high groundwater, depth to bedrock and percolation rates;

The delineation of the FEMA-designated 100-year floodplain, if applicable;

(i)

Estimated seasonal high groundwater elevation in areas to be used for stormwater retention, detention or infiltration;

(j)

The existing and proposed vegetation and ground surfaces, with runoff coefficients for each;

(k)

The delineation of both existing and post-development watershed boundaries, drainage areas and stormwater flow paths, including municipal drainage system flows;

(l)

Computations shall be provided for the project consistent with the Hydrologic Sizing Criteria as outlined in the DEEP Connecticut Stormwater Quality Manual. These shall include groundwater recharge volume (GRV), water quality volume (WQV) and peak flow control, where appropriate;

(m)

The delineation and description of all components of the proposed LID system, including:

Locations of all drainage discharges and their method of stabilization, with supporting computations;

All measures for the detention, retention or infiltration of water;

Description of nonstructural BMPs;

All measures for the protection of water quality; and

[5]

The structural details for all components of the proposed drainage systems and LID elements and BMPs; and

(n)

A plan for the operation and maintenance of each component of the stormwater management system, listing the maintenance to be conducted and the frequency of such maintenance. The maintenance schedule shall specify who is responsible for performing the maintenance and how the maintenance will be funded. The plan shall also identify any easements necessary for construction and maintenance of the system.

Performance standards and LID criteria.

At a minimum, all development projects shall comply with the applicable standards, principles and best management practices (BMPs) described in the 2014 Connecticut Stormwater Quality Manual and the Town of Winchester Low Impact Development and Stormwater Management Manual, both as amended.

Proposed residential, commercial or industrial subdivisions shall apply these standards and principles to the development as a whole. Individual lots in new subdivisions shall not be considered separate development projects, but rather the entire subdivision shall be considered a single development project.

The use of better site design and nonstructural BMPs is encouraged to minimize reliance on structural management measures.

Inspections.

At the discretion of the Commission and the Town, periodic inspections of LID elements and infrastructure may be conducted during both the construction phase of the development and the post-construction maintenance phase of the development. Such inspections may be conducted by the Zoning Enforcement Officer or other such other agent as the Commission may designate.

If the Commission determines that there is a failure to comply with the LID plan, the property owner shall be notified, in writing, of the nature of the violation and the corrective actions required.

§ 415-17 Nonconforming uses, buildings/structures and lots.

Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Commission upon request. Parties responsible for the operation and maintenance of a LID element or LID infrastructure shall make records of the installation and of all maintenance and repairs and shall retain the records for at least five years. These records shall be made available to the Town officer or the Town's designated agent during inspection of the LID element or LID infrastructure, and to the Commission at other reasonable times upon request.

Special considerations for PI Districts. As part of any special permit application in a PI District, the applicant must submit a narrative describing how the proposed use addresses or incorporates the applicable principles and best management practices (BMPs) outlined in Section 4.0, LID Design and Planning, of the Town's Low Impact Design and Stormwater Management Manual (September 2010). If applicable, LID principles and BMPs are not incorporated in the proposed special permit application, the narrative must clearly state the reasons why it is not feasible to incorporate such principles and BMPs. In addition, the applicant must submit an LID plan map that indicates the types and locations of all BMPs and other LID elements on the development site.

Intent. Within the districts established by these regulations or by amendments that may later be adopted, there exist lots, uses and structures which existed at the time that these regulations were adopted or amended, but which would be prohibited, regulated or restricted under the provisions of the regulations or future amendments. Such lots, uses and structures are declared nonconforming by these regulations. It is the intent of these regulations:

To permit these nonconformities to continue until they are discontinued/removed, but not to encourage their survival.

To prohibit the enlargement, expansion or extension of nonconformities, if such a change would increase the nonconformity, and to prohibit the use of nonconformities as grounds for adding other structures or uses prohibited elsewhere in the same district.

Continuation.

Nonconforming uses and structures that existed on the date these regulations, or amendments to these regulations, became effective may continue, except as provided below.

These regulations shall not require change in the plans, construction or designated use of a structure, provided that:

Commencement of the construction of a structure or commencement of a use predates the effective date of these regulations or amendments to these regulations.

The application filed with the Commission or the Zoning Board of Appeals or the required zoning and building permits for such structure and/or use predate the effective date of these regulations or amendments to these regulations.

When a nonconforming use is intentionally discontinued or abandoned, the land and/or structure which harbored the nonconforming use may thereafter be used only for conforming uses.

Destruction of or damage to nonconforming structure.

A nonconforming structure that is destroyed or damaged by calamity (fire, explosion, wind, flood, accident, act of God, act of the public enemy, etc.) may be reconstructed, restored, and a nonconforming use that is destroyed or damaged by calamity may resume, provided that:

A zoning permit is issued for the structure or use;

Neither the floor area nor the volume of a reconstructed, restored or altered structure may be expanded beyond the floor area and volume of the structure that predated the calamity; nor may the area of land used for a nonconforming use be expanded; and

If a nonconforming use of land (not involving a structure) is resumed following a calamity, the area occupied by the nonconforming use must be no larger than, and in the same location as, the use immediately prior to the calamity.

The size and location of the structure before the calamity shall be determined from the best available information on file at the Town Hall and/or via a submitted survey or plan showing the old structure signed by a licensed surveyor, architect or engineer.

Nonconforming uses.

Nonconforming uses shall not be extended or expanded through the structure or on a lot beyond where the use existed as of the commencement of the nonconformity.

No portion of a nonconforming use of land (not involving a structure) shall be moved from place to place on the land after the date these regulations or amendments to these regulations became effective.

If a nonconforming use is changed to a use that is permitted by right or by special permit, the use shall never revert to one that is nonconforming.

No existing nonconforming use shall be changed to another nonconforming use unless the Commission approves a special permit and determines by grant of a special permit that the substitute use is so similar to the existing nonconforming use that no alterations other than trade fixtures will need to be made and the substitute nonconforming use will not create any impacts on the public dissimilar to the existing nonconforming use.

Voluntary discontinuance of a nonconforming use shall not by itself be evidence of the owner's intent not to reestablish such use, but instead must be accompanied by an intent not to reestablish such use.

Nonconforming structures. A structure which contains a permitted use, but which is otherwise nonconforming, may be expanded, or altered, provided that:

Only permitted uses shall be allowed to occupy the expanded or altered areas.

No nonconformities are created or expanded, except that a second floor may be added above an existing first floor, utilizing the same footprint, provided such addition is within the maximum building height of the district. No such second floor may be added to decks, patios, terraces and steps as described in § 415-13B(4).

In the case of residential structures, no additional family units are created as a result of the expansion or alteration.

If a nonconforming structure is modified to become conforming or more conforming, the structure may never be modified to become nonconforming or less conforming.

A nonconforming structure shall not be moved to any other location on a property unless the structure conforms to all applicable sections of these regulations after it is moved.

Ordinary repairs, remodeling, alteration or safety improvements (required by building or life safety codes) made to nonconforming structures are permitted, provided that:

Applicable building permits are secured; and

Such work does not increase any existing nonconformities, except that a second floor may be added above a first floor, utilizing the same footprint, provided such addition is within the maximum building height of the district.

Voluntary demolition of a nonconforming building or structure shall not by itself be evidence of the owner's intent not to reconstruct such building or structure, but must be accompanied by an intent not to reconstruct such building or structure. Any such reconstruction shall be of no greater floor area, nor a greater height at any point or greater volume other than as allowed in Subsection D(2) than the building or structure that was voluntarily demolished.

A special exception is obtained in accordance with Subsection F(2) of this section.

Nonconforming lots.

Provided that sewage disposal in accordance with applicable regulations and a safe water supply can be provided without endangering the health and safety of adjoining residents, nothing in these regulations shall prevent the construction of permitted building or the establishment of a permitted use on a lot containing less than the prescribed lot area or lot frontage which, at the time of adoption thereof or any pertinent amendments hereto:

Was owned separately from any adjoining lot and recorded in the land records of the Town; or

Was shown on a plan of subdivision, approved by the Commission and filed in the Town Clerk's office with the Land Records of the Town, in the manner prescribed by law.

No dwelling for more than one household shall be constructed on a lot, existing or created, which contain less than 100% of the required "minimum lot area per dwelling unit" in the applicable district. For any lot created after the effective date of these regulations, each approved residential lot in any RR District shall contain a contiguous developable land usable site area of 12,500 square feet. A minimum of 75% of the total building footprint must be situated within this contiguous developable area. Evidence of compliance with this requirement must be noted in all subdivision applications and applications for a zoning permit.

Except as otherwise provided herein, where two or more nonconforming adjoining lots of record are in the same ownership on or after the effective date of these regulations, then all such lots shall be combined as necessary toward meeting, or more nearly meeting, the lot area and width requirements of these regulations. If all such adjoining lots, when combined, still do not meet the area and width requirements of these regulations, such composite parcel shall be treated as a single lot under these regulations. The Zoning Enforcement Officer may issue a finding that such lots have merged, which finding shall be mailed to the owner of record, who shall have the opportunity to be heard by the Zoning Enforcement Officer, and to present evidence concerning lot merger or lack thereof; and to appeal the decision of the Zoning Enforcement Officer to the Zoning Board of Appeals. Where the Zoning Enforcement Officer's finding of lot merger is not appealed or overturned on appeal, the Zoning Enforcement Officer may file his or her finding on the land records of the Town of Winchester.

Nonconforming structure expansion allowances. Understanding many properties in Town predate these regulations and may not meet these regulations, this subsection has been created to allow reasonable allowances to improve these structures in an efficient manner, provided the proposed use conforms to these regulations.

Accessibility features for use by disabled individuals, such as ramps and expanded stoops which are wanted for access, may be installed under this provision, provided the feature is not any larger than recommended by ADA standards and is configured to intrude as little as possible into the required setback.

Any structure that is legal-nonconforming, as to a requirement listed below, may apply to the Zoning Board of Appeals for a special exception to conduct certain expansions within the constraints set forth herein. Other requirements of these regulations, such as limits on maximum impervious surfaces, shall still apply.

Setbacks. A principal residential building, or a commercial/industrial building abutting other nonresidentially zoned property, that does not meet one or more setback requirements of these requirements may be expanded via an application for special exception to the Zoning Board of Appeals, provided such expansion does not come any closer to that property line than any portion of the existing building which creates the nonconformity nor create a new nonconformity. If two setback nonconformities exist in an interior corner, that corner may be expanded to be no closer to the property line than the portion of each wall that creates the nonconformity. In addition, the height of a building may be increased under these same lateral limitations up to the height limit of the district. The Board shall carefully review the "Considerations for special permits" criteria in determining if the approval shall be granted.

Accessibility features. This provision may also be used to allow the installation of accessibility features for access or other accommodation by disabled individuals, not covered under Subsection F(1), above, provided the expansion within the required setback is the least possible and leaves a remaining setback of at least five feet.

This provision shall not apply to any structure that is to be voluntarily demolished and demolition shall void any approval under this section, unless part of a special exception issued as per the following Subsection G.

Voluntary demolitions.

Any nonconforming portion of a building or structure that is to be demolished and rebuilt must be rebuilt to comply with all applicable provisions of these regulations unless:

Such demolition is accompanied by an intent to reconstruct that building or structure in the same location, to no greater building coverage, height at any point or volume of the preexisting building other than as allowed in Subsection D(2); or

A special exception is granted by the Zoning Board of Appeals in accordance with the criteria in § 415-24D of these regulations, provided that:

No existing nonconformity is increased, except as allowed in Subsection F(2) above;

The applicant has shown that the proposal will, within the site constraints present, minimize any nonconformity or the impacts of any nonconformity to the greatest extent possible, balanced with the need for reasonable and prudent redevelopment of the lot;

LID techniques are utilized, as allowed by the site, to minimize the impact to the environment.

§ 415-18 Other generally applicable development regulations.

The Board may allow such nonconformities as they existed on the lot to be continued in the new construction, but shall give due consideration to the recommendations given in Subsection G(1)(b)[2] above, to minimize these nonconformities when possible. The Board may also relocate the nonconforming building footprint or volume to better situate the structure on the lot by, for example, centering the structure between the lot lines or rotating the structure to better align it with the street setbacks or visual impact on neighboring properties, or to provide more buffering from a water body, provided the nonconformities are not increased overall.

Required frontage and access.

No building shall be built on any lot unless the lot has frontage on a public street, or unless it has unobstructed and permanent easement of access, or by way of a private right-of-way leading to a public street.

In the case of the subdivision of land in any district, other than for open space subdivisions, or in the case of a first cut not involving a subdivision, not more than the following percentage of lots in such subdivision may have frontage on a public street in an amount less than the required minimum lot width specified for the applicable district:

Maximum Percentage of Lots Having Frontage Less than Minimum Lot Width
Number of Lots in Subdivision	Maximum Number of Rear Lots
1 to 10	1 or 40%
11 to 15	30%
16 to 20	20%
21 and over	10%

No subdivision plan, boundary line adjustment or first-cut shall be filed with the Town Clerk unless first reviewed by the ZEO to assure compliance with these Zoning Regulations.

Building on existing lots.

Provided that sewage disposal in accordance with applicable regulations and that a safe water supply can be provided without endangering the health and safety of adjoining residents, nothing in these regulations shall prevent the construction of a permitted building or the establishment of a permitted use on a lot containing less than the prescribed lot area or lot width which, at the time of adoption thereof or any pertinent amendments hereto:

Was owned separately from any adjoining lot and recorded in the land records of the Town; or

Was shown on a plan of subdivision, approved by the Commission and filed in the Town Clerk's office with the Land Records of the Town, in the manner prescribed by law.

No dwelling for more than one family shall be constructed on a lot, existing or created under the conditions herein, which contains less than 100% of the required "minimum lot area per dwelling unit" in the applicable district.

Single-family conversions to multifamily uses. After the effective date of these regulations, no building shall thereafter be altered, and no lot shall be converted for use for three or more dwelling units, except where such a use is permitted in the subject zone by special permit granted by the Commission, where the Commission shall find that the use:

Will not result in undue concentration of population in the neighborhood;

Will not create traffic hazards or traffic volumes beyond the capacity of the roads;

Will not have a depreciating effect on the neighborhood;

Will conform to these regulations; and

Will be subject to such further conditions as the Commission deems necessary to protect the public health, safety, convenience and property values.

Placement of fill. Any person proposing the placement of 100 cubic yards or more of fill material upon a property, except in conjunction with a bona fide construction activity relating to a residential dwelling, or an approved site plan, including construction of driveways, septic tanks and leaching fields incidental thereto, which is completed within six months, shall notify the Zoning Enforcement Officer of such activity for approval. The Zoning Enforcement Officer shall review such proposal to ensure proper design of resultant grades and drainage and protection of adjacent properties. In the conduct of such review, the Zoning Enforcement Officer may require the provision of necessary maps and data.

Steep slope regulations. The Town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides and the degradation of scenic views. Accordingly, the following requirements are hereby imposed on activities that involve the cumulative disturbance of 10,000 square feet or more on slopes exceeding 15% gradient:

[Amended 6-26-2023]

No permit shall be granted for the development of or construction on any lot that involves the disturbance of slopes greater than 15%, over a cumulative area of 10,000 square feet or more, unless a special permit is approved and issued, subject to the following conditions:

Adequate erosion control and drainage measures shall be put in place to avoid erosion and sedimentation during or after construction, and all erosion control and stormwater management measures shall comply with all applicable laws and guidelines; and

Adequate measures to minimize the clear-cutting of trees or the clearing of shrubs and other natural vegetation.

Clear-cutting trees on or within 1,000 feet of any ridgeline is prohibited.

No disturbance, including clear-cutting trees or clearing of vegetation or the construction of driveways, shall be permitted on any slope of 25% or greater, except as may be necessary for public safety or public utilities.

Performance standards. For the purpose of promoting the general welfare, and protecting the public health and safety and providing adequate light and clean air and water, the following performance standards shall apply to all commercial and industrial uses of land:

No new use shall be permitted, and no existing use shall be changed, except in conformance with these regulations.

The use shall be carried on in such a manner and with such precautions against fire and explosion hazards as to produce no serious exposure hazard to adjacent property, and the storage of all flammable or explosive materials shall be in a manner approved by the Fire Marshal.

All commercial and industrial uses and processes shall comply with the emission standards established by the Connecticut Department of Energy and Environmental Protection.

All commercial and industrial uses shall comply with the regulations governing the discharge of water, substances and materials into the ground or into streams of the Connecticut Department of Energy and Environmental Protection, Commission and the Department of Public Health.

Commercial or industrial interior or exterior lighting shall not produce discomfort or glare on public highways or neighboring property, or conflict with any traffic signals.

[Amended 4-14-2025]

§ 415-19 Parking types, outdoor lighting and landscaping.

Vibration noticeable off the lot shall not exceed the standards developed by the U.S. Bureau of Mines, Bulletin #442, or any revision thereof.

Accessory structures. One accessory structure having a gross floor area of 200 square feet or less and a building height of less than 10 feet, which will not house any persons or animals, may be constructed in a side or rear yard, provided it is located behind the principal structure, not counting decks or minor additions, and no closer than five feet to any property line. An application to the Zoning Board of Appeals may be filed for a special exception to allow up to one additional accessory structure under this provision. The Board shall carefully review the "Considerations for special permits" criteria in determining if the approval shall be granted.

Setback exemptions. Common architectural features which do not protrude more than two feet from a structure, such as overhangs, gutters, bow/bay windows and other similar elements, can protrude into the required setbacks; however, the structure wall must comply. Chimneys can also enter the required setbacks, provided they are less than 30 inches in depth and seven feet in width.

[Amended 11-25-2024; 4-14-2025; 3-9-2026]

Off-street parking. Any use or construction on a lot, except for those expressly exempt from parking requirements in a particular district, shall have off-street parking and shall conform to the following requirements:

Parking areas, general. In addition to the minimum parking requirements specifically set forth in the Table of Uses and Minimum Parking Requirements in Appendix A,[1] all of the following shall apply to all off-street parking areas:

Location and size.

All parking areas required by these regulations shall be on the same lot with the building or within a 200-foot walk, as measured by drawing a straight line between the nearest lot lines of the principal lot and off-site parking lot.

Location of required on-site parking in all districts and where parking is permitted as a principal use is subject to all minimum building dimensions and placement requirements. Except for lots in the Town Center (TC) District, parking areas proposed to be located within a setback shall require a special permit.

A contiguous single parking area shall not exceed one acre in total area. Parking areas larger than one acre in total area shall be divided into smaller parking areas with planted buffers of a minimum depth of 15 feet between them to minimize the perceived scale of the total field of stalls. Such planted buffers may have one three-foot gap for connecting driveways and pedestrian walkways.

Unless otherwise permitted herein, all parking areas serving commercial and multifamily uses shall be paved with asphalt or concrete, striped, and parking spaces directly abutting a building or structure shall have bumper and wheel guards, and, if located directly in front of a building, shall have at least two permanent concrete or steel bollards in front of each entrance to the building.

Calculating number of spaces for mixed-use buildings. The minimum number of parking spaces for a building containing multiple uses shall be calculated separately for each use according to the following example:

A 10,000 sq. ft. building containing 8,000 sq. ft. of warehouse space and 2,000 sq. ft. of sales space = 8,000 sq. ft. x 1 space per 2,000 sq. ft. = 4 required spaces + 2,000 sq. ft. x 1 space per 300 sq. ft. = 7 spaces = 11 total required spaces.

Space and aisle dimensions. Parking spaces shall be designed in accordance with the following minimum dimensional requirements:

All parking spaces where a vehicle has direct access to/from the parking space and a public right-of-way shall be either parallel or placed at a 45° angle to the right-of-way in the discretion of the Commission.

Parking spaces where a vehicle accesses the public-right-of-way via an access driveway and are not directly accessible to/from a public right-of-way shall be of a perpendicular layout.

The following table and graphics provide the minimum dimensional requirements for parking areas and spaces:

Parking Space Layout	Parking Row Depth (feet)	Drive Aisle Width — One-Way (feet)	Drive Aisle Width — Two-Way (feet)	Space Width (feet)	Space Length (feet)
	(A)	(B)	(C)	(D)	(E)
Parallel	9	12	20	9	20
Angled (45°)	20	13	24	9	20
Perpendicular	18	14	24	9	18

Editor's Note: Appendix A is included as an attachment to this chapter.

Access and circulation, general. Vehicular and pedestrian access to and circulation within a lot shall be designed in a manner that:

Safeguards against hazards to traffic and pedestrians in the public right-of-way and upon the lot;

Avoids traffic congestion on any public right-of-way; and

Provides safe and convenient circulation for vehicles and pedestrians within a lot and to adjacent lots.

Access and circulation, specific.

Shared driveways. The primary purpose of a shared driveway is to minimize curb cuts that preserve street traffic-carrying capacity, reduce traffic congestion and improve safety of vehicular and pedestrian movements. Shared driveways are encouraged along state highways and major Town roads but are also appropriate in locations on other Town roads where the Town Engineer finds that they will improve safety of traffic movement and upon submission, review and approval of a site plan by said official.

Review and approval. Upon the Commission's approval via site plan or other requirement, shared driveways may be utilized by two adjacent residential lots or by one or more lots and businesses in a TC, TG or PI District. The shared driveway shall also meet the requirements of the Public Works Director or his or her designee.

Private agreement required. As a condition of any such site plan approval, the applicant shall submit a shared driveway agreement to the Zoning Enforcement Officer in form and substance that is acceptable to the Town Attorney and the Public Works Director or his or her designee. The approved shared driveway agreement must be executed and recorded with the deeds to the lots.

Off-street loading. An area for the loading and unloading of goods and materials shall be accommodated on a lot. The Commission shall consider the nature of the use, the volume of the vehicular and pedestrian movement that passes the lot and the location of the principal building in relation to the street.

Shared parking areas for mixed uses. Parking required for two or more lots, buildings or uses may be provided in a combined parking area or facility. The total number of parking spaces required for all applicable uses in the aggregate may be reduced by up to 50% if the applicant demonstrates and the Commission determines, by special permit, that the hours or days of peak parking need for the uses are sufficiently varied that a reduced number of parking spaces would provide adequately for all uses served by the designated parking area or facility. If a reduced number of parking spaces is approved, no change in any use shall thereafter be permitted without an additional determination by the Commission that the reduced number of parking spaces will remain adequate for expected parking needs. If the Commission determines that a change in any use will necessitate additional parking, such parking shall be provided before the change in use is authorized.

Deferred construction of parking spaces.

The Commission may permit the deferred construction of parking spaces if it determines that:

The particular use and intensity of use may not require all of the required parking spaces; and/or

The deferred construction of parking spaces will not cause substantial inconvenience to the patrons of such uses or impair the safety of the public.

The Commission may allow for the deferred construction of up to 50% of the parking spaces required by these regulations, provided that:

All required parking must be shown on the plans and be in conformance with these regulations.

The spaces for which delayed installation is desired and/or approved shall be so specified.

The stormwater management system shall be designed as if the deferred spaces were built, and stormwater management structures shall be installed in the deferred parking area.

The applicant/owner/developer of the project must agree to install the required parking spaces at such time as the Commission determines that the installation is appropriate, after notice to the applicant/owner/developer and the opportunity to be heard.

[5]

If the Commission determines that installation of all of the parking spaces is appropriate under existing circumstances, then the applicant/owner/developer must complete the installation within 180 days of notification. Failure to install said spaces shall be considered a violation of these regulations.

Electric vehicle charging infrastructure.

In accordance with Public Act 22-25, all new parking lots consisting of at least 30 parking spaces associated with any commercial or multi-unit residential building shall provide electric vehicle charging infrastructure that is capable of supporting level two electric vehicle charging stations in at least 10% of the available parking spaces.

Outdoor and exterior lighting.

The following shall apply to all outdoor and exterior lighting on a lot:

All external illumination shall be stationary and shielded or recessed within the roof canopy and directed in such a manner that the source (bulb, tube, etc.) of light will not be visible from any street or from any adjoining lot and that the illuminated areas shall be confined essentially to the lot where the illumination originates.

The use of LED and other energy-efficient lighting is encouraged.

The maximum height shall not exceed 16 feet above the grade directly below the fixture housing the light source.

All motion-sensing light fixtures shall be fully shielded.

Any privately or publicly owned outdoor light fixture with a lamp of initial output over 10,000 lumens located within 50 feet of any residential, including any multifamily residential use, or any public right-of-way, shall utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass over the adjacent lot or right-of-way line. If an external shield is used, its surface must be painted black to minimize reflections.

Emergency lighting that is only turned on in the event of a power failure or when an alarm is activated is permitted.

All outdoor lighting shall comply with 505.6.3, Light Pollution Controls, of the Connecticut Building Code.

The following types of outdoor lighting are prohibited:

Searchlights, laser-source lights or any similar high-intensity light, except in emergencies by law enforcement, emergency services personnel, public utilities and road construction/maintenance crews at their direction, and except for meteorological data-gathering purposes.

Any lighting device located on the exterior of a building or on the inside of a window which is objectionable to anyone beyond the boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating or strobe light illumination.

Landscaping. The following landscaping regulations and standards are intended to protect and enhance the appearance, character and value of property in the Town; provide aesthetic and visual mitigation between dissimilar land uses and districts; and meet the general principles and objectives of low-impact design (LID) through quality site development and the inclusion of LID best management practices (BMPs). These LID principles include, but are not limited to, prevention of soil erosion, prevention of excessive stormwater runoff and prevention of the pollution of water bodies, watercourses, wetlands and aquifers.

General landscaping requirements.

All portions of any lot containing a structure that is not used for the location of buildings, structures, accessory uses, off-street parking and loading, sidewalks or other paved areas shall be landscaped in accordance with an approved landscaping plan.

For all landscaping plans, an ample variety and quantity of planting materials shall be used. The composition of landscaping elements shall complement both the scale and style of existing and proposed buildings.

The use of non-native invasive or potentially invasive plants, as defined by the Connecticut Invasive Plants Council, or as determined by the Connecticut Department of Energy and Environmental Protection (DEEP), or successor agencies, shall be prohibited.

The use of low-impact development (LID) infrastructure and best management practices (BMPs) as identified in the Town of Winchester's Low Impact Development and Stormwater Management Manual is strongly encouraged to be incorporated in all landscaping plans.

Landscaping, trees and plants required by these regulations shall be planted in accordance with accepted horticultural practices. All trees, shrubs and plants shall be spaced according to the accepted landscaping practices applicable to each species.

The following are the minimum size requirements for any required plantings:

Large deciduous shade trees (example: maple, oak, ash) shall be single-stem, three-inch diameter at breast height.

Ornamental deciduous trees (example: crabapple, cherry, magnolia, dogwood) shall be single-stem, two inches at breast height.

Evergreen trees (example: spruce, pine) shall be single-stem and at least six feet tall.

Deciduous shrubs shall be 18 inches to 24 inches in size.

[5]

Broadleaf evergreen shrubs (example: rhododendron) shall be 24 inches in spread or height.

[6]

The minimum size for container-grown shrubs shall be three gallons.

[7]

Ground covers shall be two-year-old plants.

[8]

Vines shall be a minimum five leaders of six-inch length.

The incorporation of existing vegetation, particularly large-caliper and specimen trees, in landscaping plans is strongly encouraged. Invasive species shall be removed in areas where existing vegetation is proposed to be preserved prior to site development. Where a lot is cleared of such existing vegetation and trees prior to the filing of an application, the Commission may require the planting of the largest trees that are commercially available to replace them.

Any landscaping, trees or plants shown on the approved site plan that are in a condition that does not meet the intent or specific requirements of these regulations shall be replaced by the property owner during the next planting season for the particular plant material.

(i)

For all landscaping plans, an impervious area shall be provided and maintained of an area adequate to store total snowfall amounts of at least six inches in a 24-hour period.

(j)

Outdoor lighting shall be designed so as to not interfere with landscaping elements.

Measurements of trees and planting materials. Calipers and heights for all trees and planting materials shall be measured according to American Association of Nurserymen standards.

Maintenance of landscaped areas.

Maintenance of landscaped areas is the ongoing responsibility of the property owner. The property owner shall prepare and present to the Commission a landscaping maintenance plan at the time of application.

Maintenance of landscaped areas shall include continuous operations of removal of weeds, mowing, trimming, edging, cultivation, reseeding, plant replacement, appropriate fertilization, spraying, control of pests, insects and rodents by nontoxic methods whenever possible, watering and other operations necessary to assure normal plant growth.

The obligation for continuous maintenance shall be binding on the applicant for landscape plan approval, and to any subsequent owners of the property or any other parties having a controlling interest in the property.

Landscaping of yards/setback areas.

Residential uses. No landscaping requirements shall apply to lots used for single-family or two-family dwellings.

Nonresidential uses and special permit uses in residential districts.

Front yard landscape areas, where required, shall include the full width of each lot along the front lot line, except where driveways, sidewalks and parking are located. Front yard landscape areas shall extend to a depth equal to the minimum front yard setback distance of the applicable district.

Front yard landscape areas shall consist of either lawn, evergreen ground cover or other suitable vegetative cover.

Tree plantings shall include a minimum of one deciduous tree for every 40 lineal feet of lot frontage (or fraction thereof), or one nondeciduous tree for every 20 lineal feet of lot frontage (or fraction thereof). Deciduous trees must comprise 50% or more of the total trees planted or retained to meet these requirements. The spacing of trees planted shall be appropriate for the species selected.

Existing trees with a caliper of three inches or greater that are retained in the front yard landscape area as part of the development of a lot may be used to meet all or part of these landscaping requirements.

Buffer areas for applicable districts. Buffer areas provide important separation distances between different land uses, help minimize noise and light trespass between properties, provide an attractive and natural visual barrier between dissimilar uses and protect critical natural features and habitat. The following requirements are designed to achieve these objectives:

General buffer area requirements.

A landscaped buffer area shall be provided and maintained along the full length of applicable lot lines. All buffer areas must comply with applicable general and specific landscaping requirements provided herein.

Each buffer area shall include a suitable combination of various planting materials. The buffer area must effectively screen the subject lot from abutting properties. The buffer areas must be designed and composed of materials that provide for year-round screening of the lot.

Buffer areas may include elements such as fencing, earthen berms and other similar features, provided that these elements are used in conjunction with appropriate planting materials.

No structures, other than fences, shall be permitted within any designated buffer areas.

If the different land uses requiring a general buffer area are separated by a public street, the public street may serve to satisfy the general buffer area requirement.

Buffering single-family uses. Where any nonresidential use or multifamily development having over five units abuts a lot zoned for a single-family use, a 35-foot-wide buffer area is required along the abutting lot line.

Integration of LID infrastructure into yard/setback/buffer areas. All low-impact development (LID) infrastructure identified in the Town of Winchester's Low Impact Development and Stormwater Management Manual shall be permitted within any required yard, setback or buffer area.

Landscaping of parking areas.

General landscaping requirements for all parking areas.

Landscaping shall not be specifically required for surface parking facilities containing fewer than 10 parking spaces.

All surface parking facilities containing 10 or more parking spaces shall have a landscaped area situated along the entire length of any abutting street line or public right-of-way line. This landscaped area shall be a minimum of 10 feet in depth over its entire length, with the exception of areas required for driveway access into and out of the parking facility and internal walkways connecting to the public sidewalk system. This landscaped area shall be planted and maintained in compliance with these regulations.

Specific regulations for parking lots with 10 to 99 parking spaces. Surface parking areas with between 10 and 99 parking spaces shall have the following additional landscaping treatments:

All landscaped areas located between the maximum number of parking spaces shall be:

A minimum of eight feet wide where parallel to the length of the vehicle;

A minimum of 10 feet wide where separating the ends of two opposing lines of vehicles; and

Landscaped with a ground cover as required herein and with a minimum of 3-1/2-inch-caliper deciduous trees or with a minimum of six-foot-tall evergreen trees, or a combination thereof, spaced not more than 20 feet apart in the areas between the ends of the vehicles.

A landscaped island shall be located at each end of every row of parking spaces, and an intermediate island situated along each row after every 15 parking spaces. However, landscaped islands shall not be required between a parking space and a building wall if the building wall is within 10 feet of the parking space.

Landscaped islands shall be a minimum of 18 feet in length and six feet in width. Each landscaped island shall contain at least one deciduous tree with a minimum caliper of 3 1/2 inches. A flowering, ornamental or evergreen tree may be substituted in cases where its location does not interfere with sight distances within the parking lot.

Specific regulations for parking lots containing more than 99 parking spaces. Parking facilities containing 99 or more parking spaces shall have landscaping treatments as described below, in addition to those required for those containing 99 or fewer parking spaces above.

Landscaped islands may be combined into planting clusters or rows, provided the following requirements are met:

Planting clusters shall be located adjacent to or within the parking area.

Planting clusters shall be evenly distributed throughout the parking area, with no more than 200 feet separating each cluster.

An individual planting cluster shall have minimum dimensions of 12 feet by 18 feet.

The total area of the planting clusters shall be greater than or equal to the area of the required landscape islands.

The planting cluster shall have at least the same number of trees as the required landscaped islands.

Usable open space for multifamily dwelling units.

Required usable open space shall be intended, designed and constructed for the outdoor use and enjoyment of the residents and, except in the case of balconies, porches and terraces, shall:

Be open to the sky and unobstructed, except for ordinary structural projections not exceeding 12 feet;

Be landscaped in accordance with the requirements herein; and

Contain a landscaped buffer area between such open space and any street, driveway, parking area or service area on the same lot or any adjoining lot.

The net area of a balcony or terrace, reserved for the exclusive use of a dwelling unit, may be counted toward meeting the required usable open space per dwelling unit, provided that such balcony or terrace:

Has no side less than six feet in length;

Contains not less than 70 square feet of usable area; and

Is open for the full length of its longest dimension to a yard or court, except for a protective railing.

Street trees. All street trees shall be planted and maintained in accordance with the Town of Winchester Subdivision Regulations.[2]

Editor's Note: See Ch. 400, Subdivision Regulations.

Out-of-season surety. In the case where a certificate of zoning compliance or a certificate of occupancy is requested beyond the planting season, at the request of the applicant, the Zoning Enforcement Officer, or his/her designee, may accept a performance surety. The plantings covered by the performance surety shall be completed within eight months from the date of the certificate of zoning compliance or the certificate of occupancy. Such surety shall be either a certified check, a passbook or an irrevocable letter of credit. The surety shall be in a form approved by the Town and shall be payable to the Town in an amount of the estimated total cost of all plant materials and installation costs. This estimate shall be developed by the applicant and approved by the Zoning Enforcement Officer. Such surety shall be made conditional upon the applicant complying with the provisions of these regulations. Releases shall be made by the Commission, under the advisement of the Zoning Enforcement Official.

Landscape treatment of surface parking facilities. Where an off-street parking or loading facility is located adjacent to a street or right-of-way line, there shall be a landscaped area between such street line and the balance of the lot, as required herein. All surface parking facilities shall be suitably landscaped to minimize noise, glare and other nuisance characteristics, as well as to improve the aesthetics of the site and surrounding area. Landscape placement shall take into consideration the location of overhead utilities. All surface parking facilities shall be required to have painted lines, designating spaces in accordance with the site plan approved by the Commission. Painted lines shall be applied within one month of paving and shall be maintained so as to be visible.

Screening of service areas, dumpster and mechanical equipment. All service areas, trash storage areas and ground- or roof-mounted mechanical equipment shall be screened from ground-level view and from adjacent properties or public rights-of-way. Such screen shall be designed as an integral part of the site design using materials and forms that are similar to that of the architecture and design of the principal building. Individual refuse/recycling facilities shall be stored behind the dwelling unit. Refuse/Recycling containers shall not be placed at the curb more than 24 hours in advance of scheduled date. Furthermore, collection containers shall be removed within 24 hours of 6:00 a.m. of the scheduled collection date.

§ 415-20 Prohibited items.

Junkyards;

Unattended donation containers;

Hoop houses, portable garages and similar tent-like structures unless they are issued a zoning permit for the construction and meet all applicable requirements. Hoop houses for farming purposes on a farm shall be exempt, provided they meet the applicable setback for buildings; and

Mobile homes and mobile home parks, except they, and recreational vehicles, may be allowed as temporary housing during construction or reconstruction, as evidenced by a bona fide building permit, as allowed by the Zoning Enforcement Officer for periods of no longer than six months, renewable once, provided they are properly connected to water, sewer/septic and power facilities.

§ 415-21 Sign types.

[Amended 4-14-2025; 3-9-2026]

There are six types of signs that may be allowed by district or use, as defined in Article II. In most districts, one may choose from a certain number of the sign types as listed in the following subsections; however, some uses in residential districts dictate the specific permitted sign type. The sign types are set forth in Subsections A through F below, and a summary table of allowable signs by district is set forth in Subsection J below.

Awning sign: one sign per shopfront.

Maximum sign face area: 75% of total face area of valance portion; 25% of total face area of sloping portion.

Maximum awning width: width of shopfront.

Maximum lettering height: 18 inches on sloping portion; 16 inches on valance portion; eight inches on a perpendicular or flat-roofed awning.

Freestanding sign: one sign per lot. See table below.

Site Developed Frontage* (feet)	Maximum Height of Sign to Top of Support Post (feet)	Maximum Face Area of Sign, per side** (square feet)	Maximum Sign Width (feet)
269 or less	12	50	8
270 to 319	14	70	8
320 and more	16	90	8

*	For purposes of the above table, "developed frontage" shall mean frontage on any one street fronting the parcel that is visibly developed from the street with buildings, parking areas, maintained landscape areas and lawns (not including wooded or buffer areas).
**	Freestanding signs shall have no more than two sides.

Monument sign: one per lot.

Maximum sign area: 72 square feet.

Maximum sign height: 10 feet from the grade directly under the sign base to the top of the sign, including all structural supports and framing.

Minimum sign setback: 1/2 of the height of the sign from the street line.

Projecting sign: one sign per shopfront.

Maximum sign face area: six square feet.

Maximum sign projection from building: 36 inches.

Maximum sign height: 36 inches.

Sandwich board sign: one sign per shopfront.

Maximum sign face area: six square feet.

Maximum board width: 24 inches.

Maximum board height: 36 inches.

Maximum allowable use: placed no more than one hour prior to opening and removed within one hour of closing each day, but not to exceed 12 hours each day.

Wall sign.

Total allowance per building: two square feet for every linear foot of building facing a front lot line, to be allocated among the tenants accessed from that side of the building; or where a building's parking and/or tenant access is located to the side of the building, frontage on that side may also be counted and shall be allocated among the tenants accessed from that side of the building to allow signs on that side of the building. Where a building has a rear or side access point which fronts a second street or parking area, one additional wall sign per tenant may be allowed using the formulas above, to be posted on that building side which faces the second street or parking area.

Gas station canopies may have signage on any face of a canopy, limited to one square foot in size for every linear foot of the canopy face for that side where the sign is mounted, or 20 square feet, whichever is smaller.

Approval procedure.

Any new development shall have the signage depicted on the site plan to be reviewed by the Commission as part of the site plan review, special permit or special exception process.

Any existing development shall have additional or replacement signage reviewed and approved by the Zoning Enforcement Officer; however, all new or structurally altered freestanding signs shall only be reviewed by the Commission under a site plan review (face changes exempt).

Sign illumination.

Wall signs.

Wall signs may be illuminated only by:

Reverse backlighting, also known as "halo lighting," against an opaque exterior channel letter face that creates a halo or reverse engraved effect; or

Shaded gooseneck sign lighting.

Wall sign illumination shall be by light-emitting diode (LED) with a maximum intensity of 12.0 footcandles as measured five feet directly in front of the sign face.

Sandwich board signs are not permitted to be illuminated.

Projecting signs and awning signs may only be lit by shaded gooseneck sign lighting containing LED bulbs.

Monument and freestanding signs may be lit by either:

Shaded up or directional sign lighting placed on the ground or on the base of the sign directly in front of the sign;

Shaded gooseneck sign lighting containing LED bulbs; or

Internally illuminated by fluorescent lamps or light-emitting diode (LED), with a maximum of 12.0 footcandles measured five feet directly in front of the sign face, with an opaque exterior facing of a dark color that will create a reverse engraved effect.

General.

The area of a sign face shall be calculated in accordance with the definition of "sign area or face" in § 415-55 of these regulations.

No sign shall advertise or refer to an activity, use, structure or business which does not take place or which is not located on the same lot as the sign.

No sign shall be of the flashing, animated, pulsing, moving or rotating type.

Signs must be constructed of quality material, firmly supported, maintained in good condition and repair and removed when the purpose for which they were erected no longer exists.

No sign shall be affixed to the roof of any building.

Exposed or unshaded incandescent or fluorescent electric lightbulbs or neon shall not be allowed by themselves or as part of any sign, except as part of seasonal decorations or community events or celebrations.

The Zoning Enforcement Officer may order the removal of any signs that are not maintained or erected in accordance with the provisions of this section.

Fuel price signs on lots used for motor vehicle fuel sales shall be permitted on a monument or freestanding sign and shall be included in the calculation of maximum size. Fuel price signs may also be included as pump toppers. Fuel price signs may be digital and changeable.

Signage placed in the window of any commercial establishment shall not obscure more than 50% of the window area and shall not be internally illuminated.

(10)

A family child-care home shall be entitled to either one freestanding sign or one projecting sign.

(11)

The Board of Selectmen may install directional signs within Town or state road rights-of-way or on private property with the written consent of the owner to direct the public to municipal, community or private facilities that may be difficult for the motoring public to find. Such signs shall not exceed 20 square feet in area, nor six feet in height, and there shall be no more than one sign per facility or within 100 feet of another similar sign on the same side of the street. Single signs may be shared by more than one facility.

(12)

The following are exempt from these regulations:

Historic site markers or plaques, gravestones and address numbers.

Placards required by law, including official or legal notices issued and posted by any public agency or court and traffic directional or warning placards.

Plaques, tablets or inscriptions indicating the name of a building, date of erection or other commemorative information, if they meet the following criteria:

They are an integral part of the building structure or are attached flat to the face of the building;

They are nonilluminated; and

They do not exceed four square feet in surface area.

Incidental placards, if they do not exceed two square feet in surface area, but not including signs required by law as set forth above, and including signs related to rest rooms, hours of operation, acceptable credit cards and forms of payment, property ownership and management, recycling containers and identifying applicable forms of social media.

Religious symbols under 16 feet in height.

A flag, so long as it is not greater than 20 square feet in surface area.

Internal circulation and directional signs.

Menu boards approved as part of an approved drive-through.

(i)

One freestanding or monument sign installed to identify a park or open space installed by the Town, a Land Trust or other similar government or nonprofit conservation organization, provided it is less than 12 square feet in size, no greater than 12 feet in height and nonilluminated.

(j)

Up to two one-sided, freestanding signs installed to identify a cemetery, provided that each is no more than 32 square feet in size and no greater than 12 feet in height, and is nonilluminated, shall be allowed through a zoning permit subject to the review of the Zoning Enforcement Officer.

(13)

The following signs are not permitted in any district:

Signs on utility poles.

Signs located in the public right-of-way other than those posted by the government agency having jurisdiction over such right-of-way.[1]

Editor's Note: Original Subsection iii, regarding cemetery signs, which immediately followed this subsection, was moved to Subsection I(11) 4-14-2025.

Changing message center signs where the message changes more frequently than once every 10 seconds.

Flashing or scrolling text signs, signs containing or surrounded by flashing or blinking lights.

Video boards or displays, except accessory to a use and approved by special permit. Such signs must be designed to be complementary to the overall project design, to not cause traffic or other safety concerns and to not be unreasonably objectionable to neighboring properties. These boards or displays may be allowed separately from the allowed signage for that zone and shall be limited by the conditions of the special permit.

(14)

The following temporary signs are permitted as follows:

Grand opening displays, such as signs, posters, pennants, strings of lights, blinking lights, balloons and searchlights that announce the opening of a new enterprise or the opening of an enterprise under new management for a period of up to 30 consecutive days, not to exceed a total of 60 days per annum.

Temporary signs as listed below are allowed, but not to exceed 32 square feet in total for all listed:

Construction signs, including "coming soon" signs for real estate developments, for a period of up to one year after the initial placement of the sign on the lot.

Political signs.

Real estate "for sale" or "for rent/lease" signs, one per lot, which must be removed not later than 10 days after the sale or letting of the property being advertised.

Nonprofit or community signs may be displayed on the Town Green in the area set aside for such purposes or other similar Town-owned areas elsewhere in Town as allowed by the adopted policy of the Board of Selectmen, provided that each individual sign is no larger than eight square feet, nor taller than four feet, nonilluminated, and all signs in total, per site, are no larger than 64 square feet.

(15)

Nothing in these regulations shall restrict the placement of signage required upon any structure as required by the State Building Code, State Fire/Safety Code, the State or Local Fire Marshal or the Americans with Disabilities Act.

Sign Type and Quantity Table. The table below lists the permitted sign type and quantity for each land use district:

Key:
X	Sign type allowed
—	Sign type not allowed
SP	Special permit required

District	TSF	TCR	TC	TG	PI	RR	HL	HLB
Sign Type*
Number of any allowable sign types	SP	2 of any sign type listed below (multi- family develop- ment only)	2 of any sign type listed below	2 of any sign type listed below	3 of any sign type listed below	1 of any sign type listed below	1 of any sign type listed below (comm- ercial establish- ments and farms only)	1 of any sign type listed below
Awning	SP	X	X	X	X	—	—	X
Freestanding	SP	X	X	X	X	X	X	X
Monument	SP	—	X	X	X	—	—	—
Projecting	SP	X	X	X	X	—	—	X
Sandwich board	SP	—	X	X	X	—	—	X
Wall	SP	X	X	X	X	—	—	X

*	See Subsection I above for signs related to family child-care homes. [Amended 4-14-2025]

§ 415-22 Site plan requirements.

[Amended 11-25-2024; 4-14-2025]

Site plan required in certain districts or for certain uses in other districts. In all Town Center (TC), Town Center Residential (TCR), Town Gateway (TG) and Production and Innovation (PI) Districts, and for all uses other than a single-family home, accessory residential use, family child-care home, farm, home farming and seasonal cottages in all other districts, approval of a site plan of development by the Commission is a prerequisite to receiving a zoning permit for the following:

Construction of new structures, whether principal or accessory;

Expansion of buildings as existing on the effective date of these regulations by an amount greater than 20% of the total floor area or volume for existing structures 5,000 square feet or smaller, or by an amount greater than 10% of the total floor area or volume for existing structures larger than 5,000 square feet;

Construction of new site facilities, including, but not limited to, parking areas containing five or more parking spaces, landscaping greater than 1,500 square feet in area, retaining walls greater than four feet in height and drainage systems with contributing watersheds greater than one acre in area;

Changes in use of structures, site facilities or land, including, but not limited to, changes that require different off-street parking or loading requirements, alteration or moving relocation of curb cuts or a different on-site traffic distribution; and

Reconstruction of conforming or nonconforming uses of land that are destroyed by calamity. See § 415-17.

Site plan submission requirements. All site plans shall be prepared, signed and sealed by a professional engineer, landscape architect, land surveyor or architect, whichever is appropriate. The professional engineer, landscape architect, land surveyor or architect must be registered in the State of Connecticut. All plans shall be based on an A-2 survey. The scale of the plans shall be a minimum of one inch equals 40 feet. The plans shall include the following information:

A date of drawing or revision within six months of submission;

Name and address of professional completing the drawing;

A block showing existing and proposed compliance with the Bulk Table requirements for the zone where development is proposed;

A signature block for the approval by the Commission;

A location map;

An index listing contents of submitted plan;

Site data information (zone; lot/block number);

A location and dimensions of all hard-surfaced areas, including curb and gutter, sidewalks, driveways, parking spaces, loading areas, garbage areas and access points to public streets;

§ 415-23 Soil erosion and sedimentation control.

The size, shape and location of all existing and proposed structures, including overhanging projections, garages, carports, sheds, storage containers and the distance to the nearest point of any dwelling to abutting properties;

(10)

Front, side and rear yard setback dimensions from property line to all existing and proposed structures;

(11)

Parking strip layout, including lawn areas, location of existing and proposed street trees and curb cuts;

(12)

Architectural plans, including exterior elevations (including sign areas), floor plans and exterior materials and colors;

(13)

A statement of use describing, in detail, the nature of the proposed use, including the hours of operation, anticipated number of employees, truck traffic and truck routes, and such other information as the Commission may require;

(14)

The size, shape and location of all existing landscape features, including large trees, pools, decks, patios, exterior lighting, utility lines, streams and any other exterior element;

(15)

Landscape plan, including location, spacing, size, quantity and type of all proposed plant materials and installation details;

(16)

Location and height of fences, retaining walls and railings;

(17)

Contour lines indicating existing and proposed grade changes at intervals not to exceed two feet;

(18)

Location, height, size and design of all existing and proposed exterior signs and advertising features;

(19)

Location and type of catch basins or surface water detention basins and other surface drainage facilities; and

(20)

Show all existing and proposed public way improvements.

The Commission may not necessitate any of these items required for a site plan application if the Commission determines that the information is not needed to determine compliance with these regulations.

General provisions. The Commission hereby establishes these Soil Erosion and Sedimentation Control Regulations and designates the Inland Wetlands Commission for their implementation. Any application to the Commission where the activity requires the submission of a soil erosion and sediment control plan to the Zoning Enforcement Officer shall contain therein a certification that an application for certification has also been submitted to the Inland Wetlands Commission along with such plan. All such plans shall include measures to minimize soil erosion and sedimentation resulting from land development and measures for controlling erosion and sediment which equal or exceed those contained in the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, as amended. The Commission may require an applicant to submit a copy of the soil erosion and sediment control plan, certified by the Inland Wetlands Commission, to the Commission. The Inland Wetlands Commission shall send a report to the Commission setting forth its actions taken with respect to any soil erosion and sediment control plan submitted pursuant to these regulations.

[Amended 4-14-2025]

Activities requiring a soil erosion and sediment control plan.

[Amended 6-26-2023]

A soil erosion and sediment control plan shall be submitted with any application for development when any of the following conditions prevail:

The disturbed area of such development is cumulatively more than one-half acre;

The disturbed area within the Highland Lake (HL) District is cumulatively more than 4,000 square feet.

The disturbed area of slopes exceeding 15% gradient is cumulatively equal to or greater than 10,000 square feet.

A single-family dwelling that is not part of a subdivision of land shall be exempt from these Soil Erosion and Sedimentation Control Regulations under the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control.

Erosion and sediment control plan requirements. To be eligible for certification, a soil erosion and sediment control plan shall contain adequate provisions to control accelerated erosion and sedimentation and reduce the danger from stormwater runoff from the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, as amended. Said plan shall contain, but not be limited to:

A narrative describing:

The proposed development;

A schedule for grading and construction activities, including start and completion dates; sequence of grading and construction activities; sequence for installation and/or application of soil erosion and sediment control measures; and sequence for final stabilization of the project site;

The design criteria for proposed soil erosion and sediment control measures and stormwater management facilities;

The construction details for proposed soil erosion and sediment control measures and stormwater management facilities;

The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities;

The operations and maintenance program for proposed soil erosion and sediment control measures and stormwater management facilities;

An emergency contact and telephone number;

Site plan map.

A site plan map at one inch equals 100 feet or larger scale to show:

[a]

The location of the proposed development and adjacent properties;

[b]

The existing and proposed topography, including soil types, wetlands, watercourses and water bodies;

[c]

The existing structures on the project site, if any;

[d]

The proposed area alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines;

[e]

The location of and design detail for all proposed soil erosion and sediment control measures and stormwater management facilities;

[f]

The sequence of grading and construction activities;

[g]

The sequence of installation and/or application of soil erosion and sediment control measures;

[h]

The sequence of final stabilization of the development site;

[i]

Any other information deemed necessary or appropriate by the applicant or the Zoning Enforcement Officer in order to review and certify the proposed soil erosion and sediment control plan; and

[j]

An A-2 drawing.

Such plan shall be prepared by a professional engineer registered in the State of Connecticut. Such engineer shall certify that the plan, as prepared, complies with the requirements and objectives of these regulations; and

Any other information deemed necessary and appropriate by the Zoning Enforcement Officer to complete an application.

Minimum acceptable standards.

Soil erosion and sediment control plans shall be developed in accordance with these regulations using the principles as outlined in Chapters 3 and 4 of the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, 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/or sedimentation.

The minimum standards for individual soil erosion and sediment control measures are those contained in the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.

The appropriate method from Chapter 9 of the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, as amended, shall be used in determining peak flow rates and in volumes of runoff unless an equally effective alternative method is approved by the Zoning Enforcement Officer.

Issuance or denial of certification.

Certification by Commission; Inland Wetlands Commission report.

The Commission shall either certify that the soil erosion and sediment control plan, as filed or as conditioned by it in its certification, either:

Complies with the requirements and objectivities of these regulations; or

Deny certification when the plan does not comply with these regulations.

The Inland Wetlands Commission shall send a report to the Commission within seven days of its decision.

Nothing in these regulations shall be construed as extending the time limits for the approval of any application under C.G.S. Chapter 124, 124A or 126.

The Commission may, prior to certification, forward a copy of the soil erosion and sediment control plan to the County Soil and Water Conservation District or other review agency or consultant for its or their review and comment.

The Commission may, as a condition to its certification of any soil erosion and sediment control plan, require that the applicant deliver to the Town a cash bond, or performance bond or other financial assurance acceptable to the Town, in an amount equal to the estimated cost of measures required to implement, perform and maintain the requirements of the certified plan. If so required, site development shall not commence until such bond or financial assurances have been delivered to the Town.

Conditions relating to soil erosion and sediment control. Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional. Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan. All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.

Inspection.

The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.

Where field conditions so indicate, the Zoning Enforcement Officer may require corrective or alternate means of soil erosion and sediment control measures not shown on the certified plan.

§ 415-24 Special permits and special exceptions.

Inspections may be made by the Town staff during the development to ensure compliance with the certified plan and that control measures and facilities are properly performed, installed and maintained. The regulations in this section may be enforced by the Zoning Enforcement Officer.

Bond release. Bonds may be released by the Zoning Enforcement Officer when the work is complete and the site is stabilized.

Special permits and special exceptions. Within this section, "special permit" and "special exception" are interchangeable, except that special permit applications are heard by the Planning and Zoning Commission, and special exceptions by the Zoning Board of Appeals.

A special permit or special exception application shall be submitted for any activity designated in the regulations as requiring a special permit. The Commission shall process the special permit application in accordance with the period of time permitted under C.G.S. § 8-7d and other requirements of C.G.S. Chapter 124.

Application requirements. Each application for a special permit shall be accompanied by a site plan and a detailed statement describing how the special permit criteria herein will be addressed. Such a site plan shall conform to all requirements laid out in § 415-22B, as applicable, unless the proposed activity involves only work within existing structures, with no modifications to the building footprint or any other aspects of the site, and does not increase the parking requirements for the site by changing its use. The Commission retains the right to request such a site plan be submitted for any such application should the Commission deem it appropriate.

[Amended 6-26-2023]

Considerations for special permits. In considering any application for a special permit, the Commission shall evaluate the merit of the application with respect to the following factors:

Suitable location for use. Whether the location and size of the site and the nature and intensity of the operations involved with the use will be in harmony with the appropriate and orderly development of the area.

Appropriate improvements. Whether the site improvements associated with the proposed development (location of buildings and activities, design of buildings, extent of landscaping) will be attractive and suitable in relation to the site and the existing and probable future character of the neighborhood in which the use is located.

Suitable transportation conditions. Whether the nature of the proposed use or activity and the characteristics of the transportation system will adversely affect safety in the streets or unreasonably increase traffic congestion in the area or interfere with the pattern of vehicular circulation.

Adequate public utilities. Whether the provisions for water supply, sewage disposal and stormwater drainage will conform to accepted practices and will not unduly burden the capacity of such facilities.

Adequate public services. Whether the proposed use or activity will provide easy accessibility for fire apparatus and police protection and is laid out and equipped to further the provision of emergency services.

Environmental protection and conservation. Whether appropriate consideration has been given to the protection, preservation and/or enhancement of natural, scenic, historic and unique resources.

Long-term viability. Whether adequate provision has been made for the sustained maintenance of the proposed development (structures, streets and other improvements).

Purposes. Whether the proposed use or activity will conflict with the purposes of these regulations.

Plan of Conservation and Development. Whether the proposed use or activity will facilitate achievement of one or more of the goals, objectives, policies and recommendations of the Plan of Conservation and Development.

Additional considerations for special permits in certain residential districts. In considering an application for a special permit, the Commission shall consider all of the following in addition to the foregoing considerations:

That the existing and future character of the neighborhood in which the special permit is to be located will be adequately protected;

That adequate safeguards have been taken to protect adjacent property and the neighborhood in general;

That traffic circulation within the site and the amount, location and access to parking is adequate;

That the basic design of the proposed uses or structures, the relationship between the structures and the land and overall physical appearance of the proposed use of the structures will be in general harmony with the character of the neighborhood surrounding and will not serve to blight or detract from abutting residences or other property;

That adequate safeguards have been taken to protect the natural environment; and

That all required public services will be reasonably available to serve the proposed development.

Special permits for drive-through facilities. Drive-in and drive-through service facilities, with the exception of car washes, require a special permit and shall be located, developed and operated in compliance with the following:

[Amended 4-14-2025]

Each facility must provide sufficient queue area of at least 20 feet per vehicle in advance of the service point to accommodate at least three vehicles per service point or at least six vehicles per establishment, whichever is greater. The queue area may not interfere with other on-site circulation and parking facilities.

At least one permanent trash receptacle mush be installed.

Menu boards must be located at least 50 feet from any residential district boundary. Speaker noise levels may not be audible on any abutting residential property.

Pedestrian walkways must have clear visibility and be emphasized by enhanced paving or markings when they intersect the drive-in or drive-through aisles.

Conditional approval. In granting a special permit, the Commission may stipulate such conditions as are reasonable and necessary to protect or promote the public health, safety or welfare; property values; the environment; sound planning and zoning principles; improved land use, site planning and land development; or better overall neighborhood compatibility.

Decision. Whenever it grants or denies a special permit, the Commission may, in its discretion, state upon its record the reason(s) for its decision and shall:

State the name of the owner of record;

Contain a description of the premises to which it relates;

Identify the section and/or subsection of the regulations under which the special permit was granted or denied; and

Specify the nature of the special permit.

Effective date. A special permit granted by the Commission shall only become effective upon the filing of a copy, certified by the Commission, in the land records of the Town, in accordance with the provisions of C.G.S. § 8-3d.

Public notice.

In addition, a sign, which may be provided by the Town, must be posted in a clearly visible location, within 10 feet from the street, on the property which is the subject of the application no less than 10 days before the scheduled hearing and shall remain posted until the hearing commences, and an affidavit must be signed at the time of application acknowledging this requirement. Such notice shall be mailed a minimum of seven days prior to the date of public hearing. At the time of public hearing, the applicant shall present receipts from the postal service to demonstrate compliance with this subsection. Certified Mail is not an acceptable means of providing public notice.

[Amended 6-26-2023]

In addition, a sign, which may be provided by the Town, must be posted in a clearly visible location, within 10 feet from the street, on the property which is the subject of the application no less than 14 days before the scheduled hearing and shall remain posted until the hearing commences, and an affidavit must be signed at the time of application acknowledging this requirement. In a case where a property fronts more than one street, a sign shall be posted on each street. The first sign(s), if available, shall be provided for free (deposit required); replacements are available for a charge. Such signs shall be at least 11 inches by 17 inches, feature one-inch typeface and read (at a minimum):

TOWN LAND USE BOARD (P/Z or ZBA)

APPLICATION PENDING FOR THIS PROPERTY

For information call Town Hall at 379-3818 or 738-6593

Planning and Community Development

(or as approved or supplied by the Zoning Enforcement Officer)

§ 415-25 Zoning administration; site plans; appeals; enforcement; consultations and technical reviews.

This public notice subsection shall not apply to any action initiated by the Planning and Zoning Commission or Inland Wetlands Commission regarding adoption or change of any zoning regulation or boundary or any subdivision regulation.

Text and map amendment procedures. Amendment of these regulations, including the Official Zoning Map, may be petitioned for by an application for zone change filed by any person or persons, or may be initiated by the Commission. Amendments may be made after notice and hearing in accordance with the provisions of the Connecticut General Statutes, as amended, and of these regulations. An amendment of these regulations, including the Official Zoning Map, shall be effective on the first business day following both the filing of a copy of such amendment in the office of the Town Clerk and publication of a notice of the Commission's decision in a newspaper having a substantial circulation in the Town; or on such later date as the Commission shall have established as the effective date for such amendment. Before the Commission approves any amendment to these regulations, the Commission shall determine that the proposed amendment will not hinder the attainment of the purposes of these regulations, and that the public health, safety, welfare and property values will not be adversely affected.

Applications. Applications for zone change shall be on a form approved by the Commission, accompanied by the filing fee established by the Commission, and shall be accompanied by six sets of a plan accurately drawn to a scale of one inch to 100 feet on a sheet 24 inches by 36 inches. Such plan shall include a location map and shall show the existing and proposed zoning designations and the location of buildings, streets, driveways and other facilities on the subject land and adjoining properties within 500 feet.

Considerations. Before the Commission approves a zone change, the Commission shall determine that the proposed zone change will be in conformance with the Plan of Conservation and Development (POCD) and the purposes of these regulations, and that the uses permitted in the proposed zone will not adversely affect the public health, safety, welfare and property values.

Protests. If a protest is filed at such hearing with the Commission against a proposed zone change, signed by the owners of 20% or more of the area of lots included in such a proposed change, or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of 2/3 of all the members of the Commission.

Multiple petitions. The Commission is not required to hear any petition or petitions relating to the same zone change(s) or substantially the same zone change(s) more than once in a period of 12 months (365 days).

[Amended 4-14-2025; 9-8-2025]

Zoning administration, permits and certificates.

Establishment of Zoning Enforcement Officer. The Zoning Enforcement Officer (ZEO) of the Town or, if none, such other person as may be designated by the Commission as the Zoning Enforcement Officer (ZEO), shall be the administrative official charged with the enforcement of these regulations. No building permit, zoning permit, certificate of occupancy or certificate of zoning compliance may be issued except in conformity with all applicable provisions of these regulations and other applicable laws, regulations and ordinances of the Town and the State of Connecticut, except to the extent the same may be modified by legal process or law.

Building permit. A building permit is a document issued and certified by the Building Official that the proposed construction is in conformance with the State Building Code and, if applicable, the State Fire Code. No building permit shall be issued unless and until a zoning permit has been duly issued, if required by these regulations.

Zoning permit. A zoning permit is a document issued and certified by the Zoning Enforcement Officer that the proposed use and construction are in conformance with these regulations. A zoning permit is not required for repairs or alterations to existing buildings or structures, provided that such work does not increase the floor area of any building or structure and does not change the use thereof. An application for a zoning permit shall include:

Plot plan.

A drawing of the lot, drawn to scale, and showing property lines, open spaces, structure and building areas and the location of the lot with reference to all abutting properties and streets;

The Zoning Enforcement Officer may require any such plot plan to: (i) be prepared by a Connecticut-licensed surveyor or professional engineer, certified to the A-2 Standard of Accuracy; and (ii) be in compliance with the requirements for a site plan under these regulations. Any applicant who submits a drawing that is not certified shall be fully responsible for its accuracy. No variances shall be issued to resolve any issues caused by any inaccuracy.

A written statement of use describing in detail the proposed use of the property;

A copy of the application for the building permit;

A set of dimensional plans of floors and elevations of the building or structure, and specifications to indicate the kind, size and quality of the proposed construction; and

The fee, as per the Planning and Zoning Application Fee Ordinance.

Permits, building and zoning. No land shall be used and no building or structure shall be used, erected, moved, enlarged or structurally altered at a cost exceeding $100, and no permanent sign, exceeding four square feet of total sign face area, shall be constructed, erected or maintained, unless and until a zoning permit has been issued by the Zoning Enforcement Officer and a building permit has been issued, when required, by the Building Official. Applications for a building permit and zoning permit shall be made by the owner or his agent on forms approved by the Commission and shall be accompanied by the applicable fee for each, payable to the Town of Winchester.

Expiration. A zoning permit shall become null and void unless construction is commenced within six months from the date of its issuance, unless such time shall have been extended in writing by the Zoning Enforcement Officer.

Certificates, zoning compliance and occupancy. No land, building, structure, permanent sign exceeding four square feet of total sign face area, or lot of which the use or area of construction of which has been changed, extended, moved, enlarged or structurally altered, shall be occupied or used, in whole or in part, until both a certificate of occupancy has been issued by the Building Official and a certificate of zoning compliance has been issued by the Zoning Enforcement Officer. Prior to any issuance of certificate of occupancy by the Building Official, an applicant must apply for and obtain a certificate of zoning compliance. In the event of a valid nonconforming use, building, lot or structure, the certificate of zoning compliance shall so indicate. When a proposed change, extension, enlargement or alteration of land, structure, building or lot does not require, under these regulations, a building permit or zoning permit, a certificate of zoning compliance and certificate of occupancy shall be applied for and obtained prior to any such proposed change, extension, enlargement or alteration being commenced.

Certificate of occupancy. A certificate of occupancy is a document issued by the Building Official certifying that a certificate of zoning compliance has been issued by the Zoning Enforcement Officer and that the as-built condition is in conformance with the building permit, if required, and in compliance with the State Building Code and, if applicable, the State Fire Safety Code.

Certificate of zoning compliance. A certificate of zoning compliance is a document issued by the Zoning Enforcement Officer, certifying that such land, building, structure, sign or lot is in compliance with the zoning permit, if required, and in conformance with these Zoning Regulations or any permit issued hereunder, or is a valid nonconforming structure or use under these regulations.

Definitions.

Wherever in these regulations reference is made to the "Town Building Code," "Building Code," "Basic Building Code" or "State Building Code," the same shall mean the State Building Code adopted pursuant to C.G.S. Chapter 541, as amended, and any amendments thereto, as well as any regulations, rules, orders, directives and interpretations promulgated thereunder.

Wherever in these regulations reference is made to the "State Fire Safety Code," the "Life Safety Code" or "Fire Code," the same shall mean the State Fire Code adopted pursuant to C.G.S. Chapter 541, as amended, and any amendments thereto, as well as any regulations, rules, orders, directives and interpretations promulgated thereunder.

The term "Building Official," as used in these regulations, shall mean the local Building Official appointed, qualified and licensed pursuant to C.G.S. § 29-260 through 29-262, as amended.

(10)

Records. The Zoning Enforcement Officer shall keep a record of all issued zoning permits and certificates of zoning compliance, together with all supporting documentation therefor. Such records shall be maintained in the office of the Zoning Enforcement Officer and shall be available for public inspection and copying at reasonable cost. The Building Official and Zoning Enforcement Officer may integrate such records, in which event such records shall then be jointly maintained by and be the responsibility of the Building Official and Zoning Enforcement Officer and shall be maintained in the office of either.

(11)

Change of use. The Zoning Enforcement Officer may administratively approve changes in nonresidential uses, and resumptions of uses which have been inactive or abandoned, via a zoning permit, where the use is allowed in the district via the special permit process, where all aspects of the regulations are met except for any existing nonconformities related to the existing building such as setbacks and coverage, and where no changes to the footprint of the building or, in the case of multi-tenant buildings, where no interior partitions between uses are changed. The Zoning Enforcement Officer may consult with the Chairman of the Commission before approving such application, and the Zoning Enforcement Officer shall be allowed to refer any application to the full Commission for any reason.

Appeals.

Establishment of Zoning Board of Appeals.

Membership and records. The Zoning Board of Appeals shall be established as set forth in Charter Section 604. Said Board, by a vote of its seated members, shall elect a Chairman and Vice Chairman from its membership and shall appoint a Secretary, who shall keep minutes of its proceedings showing the vote of every member upon each question, or, if absent or failing to vote, indicating such fact. Each rule and regulation, and each amendment or repeal thereof, and each order, requirement or decision of the Board shall immediately be filed in the office of the Board, and shall be a public record. Before acting on any matter under the provisions of these regulations, the Board shall hold a public hearing, as required by C.G.S. Chapter 124, as amended.

Meetings. All meetings of said Board shall be held at the call of the Chairman, and at such other times as said Board may determine, and shall be open to the public. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.

Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:

To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer or any other official charged with the enforcement of these regulations;

To hear and decide all matters upon which it is required to pass by the specific terms of these regulations; and

To determine and vary the application of provisions of these regulations in harmony with their general purpose and intent, and with due consideration for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land, where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of these regulations would result in exceptional difficulty or unusual hardship, so that justice will be done, and the public safety and welfare preserved.

Procedure. All appeals and applications made to said Board shall be submitted on forms prescribed by said Board and with supporting plans, materials and other information required by said Board. Applications shall be accompanied by the appropriate fee as established by said Board. Any action required by the appellant as a result of decisions or orders made by said Board must be taken within the time affixed by said Board. The Zoning Board of Appeals shall not be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision by said Board or by a court on an earlier such application.

Enforcement.

Zoning Enforcement Officer. These regulations shall be enforced by the Zoning Enforcement Officer (ZEO), acting as agent for and under the supervision of the Commission. The Zoning Enforcement Officer will work closely with the Commission and keep it fully informed of all enforcement actions and will keep and maintain records (including a daily log) of all enforcement actions. The Zoning Enforcement Officer (ZEO) is hereby authorized to cause any land, building, structure, sign, lot or use to be inspected and/or issue orders in writing to remedy any condition found to exist which is in violation of these regulations. Copies of any orders issued by the Zoning Enforcement Officer shall be sent contemporaneously to the Commission. The Zoning Enforcement Officer shall furnish reports to the Commission of enforcement activities at the Commission's regular meetings or at such times and in such manner as the Commission may require.

Enforcement actions. The Commission, the Zoning Enforcement Officer or any other official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent the unlawful erection, alteration, reconstruction, maintenance or use of any land, building, structure, sign or lot and/or to correct or abate any unlawful act or to prevent the illegal occupation of any land, building, structure or lot or any illegal act or violation of these regulations.

Fines and remedies. Any person, firm, association, corporation or other legal entity violating any of the provisions of these regulations shall be subject to a fine in an amount not to exceed that permitted under Connecticut law for each such offense, and for each and every day that such offense continues; provided, however, that the Commission may exercise any and all of the remedies and sanctions, including without limitation imposition of fines in the same or greater amount, for violation of these regulations as are prescribed by the Connecticut General Statutes, as amended.

Consultations and technical reviews:

On any application, the Commission may seek the advice and opinion of other officials, boards, or commissions to assist it in evaluating applications.

On any application, the Commission may retain an architect, landscape architect, professional land use planner, or other consultant to review, comment, and guide its deliberations on any application.

The Town Planner, or designee as assigned by the Commission, may make a preliminary determination of the need for such technical assistance to be provided by non-town personnel following a review of the application with other Town staff provided that such preliminary determination shall be subject to review by the Commission.

Prior to retaining an outside consultant, the Commission shall make findings that the nature and intensity of the development may have a significant impact on the Town of Winchester and that:

The Town staff will not be able to complete a technical review of the application in a timely fashion; or

That the project is of such a nature as to require expertise not available from staff.

The Town Planner, or designee, shall estimate the cost of such services based upon information received from qualified technical experts.

Upon determining the need for such technical assistance, the Commission or the Board shall require that the applicant:

Deposit funds with the Town for 150% of the estimated costs of any consulting review fees before review of the application by the Commission or the public hearing, if such hearing is necessary; or

Reimburse the Town for the cost of such consulting review.

Upon completion of the technical review and final action by the Commission on the application, the Commission shall determine the costs incurred for the review and refund excess funds (if any) to the applicant.