A.
Home occupations.
(1)
The purpose of these regulations is to provide economic opportunities
in all districts by permitting the operation of small businesses which
are capable of coexisting with residential uses without undue adverse
effects on the quality of life, environment, aesthetics and property
values of the district.
(2)
A home occupation application shall be filed with and approved
by the ZEO. Activities which the ZEO determines to be questionable
under the standards of a home occupation may be presented to the Commission,
upon recommendation of the ZEO, for approval.
(3)
Home occupations meeting the following standards of operation
shall be permitted:
(a)
The house shall be the primary residence of the business owner
(the applicant).
(b)
If the applicant for the home occupation is not the owner of
the residence, then the application shall include a letter signed
by the owner and attested by a notary stating that:
[1]
The owner is aware of the request for the home
occupation and the nature of the proposed activity.
[2]
The owner grants permission for the tenant to engage
in the proposed activity.
[3]
The owner acknowledges that he or she is responsible
for bringing the home occupation into compliance if it is found to
be in violation of any of these regulations.
(c)
Activities or storage associated with the home occupation shall
only take place within the residential structure or within a fully
enclosed accessory building.
(d)
Not more than 65% of the floor space of the primary residence
shall be used for the business. If activity related to the home occupation
takes place in an enclosed accessory building, 100% of the floor space
may be used for the business.
(e)
Interruption, congestion or change to the residential uses of
the neighborhood in terms of appearance, noise, traffic, vehicular
parking and employee/customer congregation resulting from the operation
of the home occupation shall be minimized. An applicant shall be required
to provide a statement detailing any such anticipated changes, subject
to review and approval by the ZEO.
[Amended 8-28-2023]
(f)
Changes to the outside appearance shall be minimized, and shall
be consistent with a residential structure, other than one nonilluminated
sign no more than four square feet in size.
(g)
A separate entrance may be added to accommodate for the home
occupation, provided it would be consistent with a residential structure,
subject to approval by the ZEO.
(h)
No on-street parking shall be permitted in association with
the home occupation. Off-street parking shall be provided to accommodate
all parking needs of the home occupation. The Commission may limit
the number of parking spaces allowed where it is determined necessary
to limit the volume of traffic.
(i)
Solid waste generated by the home occupation shall not substantially
exceed that which would normally be generated by residential use.
Any such solid waste generated shall be screened from view from the
street and neighboring properties and shall be disposed of at minimum
on a weekly basis by means of a private hauler or at the Thompson
Transfer and Recycling Station according to their schedule and guidelines.
Activities resulting in hazardous or toxic wastes are prohibited.
(4)
Equipment or processes used in the home occupation which generate
noise, vibration, glare, smoke, fumes or odors shall be minimized.
Any such processes and related equipment shall be screened from view
from the street or neighboring properties and shall only be in use
between the hours of 8:00 a.m. and 8:00 p.m. Activities resulting
in known hazardous or toxic fumes are prohibited.
(5)
Not more than three total persons, other than persons residing
on the premises, shall be engaged or employed on the premises in such
occupations. There is no limitation on the number of remote employees
who may be engaged in the home occupation, provided they are not physically
employed at the home site.
(6)
Any licenses or permits required by local, state or federal
agencies for a proposed home occupation use shall be submitted with
the application as a condition of approval.
(7)
Following approval of the permit, the applicant shall register
the home occupation as a trade certificate with the Thompson Town
Clerk.
(8)
The permit for the home occupation shall automatically terminate
when the applicant no longer resides in the dwelling unit.
B.
Neighborhood limited enterprises. "Neighborhood limited enterprises" (NLE) are small businesses that may reasonably be pursued in a residential district, but which may be shown to cause sufficient intensification of use as to require review and approval by the Commission. Such intensification may include, but is not limited to, increased need for parking, increased outdoor activity associated with the business or increased vehicle traffic. Applicants for an NLE must submit a site plan for review and approval by the Commission, according to the requirements in Article 4, § 275-4.4, of these regulations, except in the Lake District where a special permit is required pursuant to § 275-4.4C. The NLE shall be considered a permitted use following approval of the site plan, and provided that the application meets both the standards for a home occupation and the following additional standards:
(1)
Off-street parking may be required and, if so, shall be no less
than 10 feet from any property line and may be in addition to that
otherwise required for the residential use of the property. The Commission
may require parking for the NLE to be screened from neighboring residential
properties. A statement of the anticipated need for additional parking
shall be submitted with the site plan.
(2)
Activities or storage associated with the NLE shall not take
place outside the residential structure or a fully enclosed accessory
building unless they are screened from view from the street and neighboring
properties. An applicant shall be required to provide a statement
detailing any anticipated need for outdoor use or storage, which is
then subject to review and approval by the ZEO.
(3)
An NLE shall be open to the public no more than 12 hours per
day, and any such hours shall be between 8:00 a.m. and 8:00 p.m. A
statement of the anticipated hours of operation shall be submitted
along with the site plan. The Commission may, at its discretion and
with justification of its reasoning, impose further limitations upon
hours of operation of the NLE to avoid conflict with residential uses.
A.
Intent. The purpose of these regulations is to clarify the extent
to which trailers and mobile homes may be located on properties within
the Town. Trailers and mobile homes are considered separate and distinct
from manufactured homes and shall conform to the requirements for
single-family residences in a given district.
B.
General guidelines.
(1)
Mobile homes shall not be permitted. Where a mobile home exists as an established nonconforming use, that mobile home may only be replaced pursuant to the provisions of Article 3, § 275-3.7, of these regulations and provided the applicant obtains approval from the NDDH as to the adequacy and acceptability of the water supply and septic system for the site. Any expansion pursuant to Article 3, § 275-3.7, shall meet all setback requirements for the district in which the mobile home is situated.
(2)
No permanent additions of any kind shall be built onto or become
part of a mobile home, such as to attach the mobile home permanently
to the ground.
(3)
Camping trailers or other vehicles designed for temporary occupation during travel, vacation or recreation shall not be occupied except in campgrounds operated by the State of Connecticut, in campgrounds approved by special permit or as described below in § 275-14.2B(5) through (7). No more than two such trailers shall be parked on a single lot in the Lake District or on a single plot within an approved campground in the Rural Residential Agricultural District. No such trailer or vehicle shall be occupied as a permanent dwelling. Any such trailer or vehicle may be occupied only during the annual period from April 1 to December 31, except as described below in § 275-14.2B(5) through (7). Such trailers or vehicles may be stored, without being occupied, in any district.
(4)
Boxed trailer bodies are prohibited in all primarily residential
districts (Rural Residential Agricultural, Common Residential, Thompson
Common Village, Lake District).
(5)
The Commission may, at its discretion, allow the use of temporary
construction or business trailers for the duration of a project operating
under a permit or special permit. The construction or business trailer
shall be removed from the site prior to the issuance of a certificate
of occupancy.
(6)
The Commission may, at its discretion, allow the use of a trailer
or mobile home as a temporary dwelling on the site of a residential
property with an active building permit for a new residence. Such
temporary dwelling may only be occupied by the owner(s) of the new
residence under construction. A temporary certificate of occupancy
may be issued for a maximum of one year.
(7)
The Commission shall allow the use of a trailer or mobile home
as a temporary dwelling in the event of a primary dwelling being rendered
uninhabitable by fire or natural disaster. A temporary certificate
of occupancy may be issued for a maximum of one year.
(8)
Rental temporary storage units (e.g., storage "pods") are permitted
in all districts, with the following limitations:
(a)
Only one temporary storage unit is permitted on any single lot,
with a maximum volume of 2,690 cubic feet.
(b)
Where there is an active building permit open on a property,
the temporary storage unit may remain in place for the duration of
the construction.
(c)
Where there is not an active building permit open on a property,
the temporary storage unit may remain in place for up to 90 days.
(d)
Where a temporary storage unit exceeds the allowable time limits
on a property, a zoning permit shall be required and the ZEO shall
refer the property to the Assessor for possible taxation as personal
property.
A.
Intent. The following provisions regarding the establishment and
continuance of gravel banks and the conduct of earth removal activities
in the Town have been developed to regulate the impact of such activities,
particularly as pertains to the following:
(1)
Protection of environmental resources, including but not limited
to:
(2)
Protection of property values by ensuring that, following such
activities, land utilized for filling and/or excavation will be usable
for residential, commercial, industrial or conservation purposes consistent
with the underlying zoning district in which such use is located.
(3)
Protection of values and usefulness for those properties neighboring
earth filling and/or excavation operations.
B.
Exemptions. The following uses are exempt from the provisions of
this section as a requirement to obtain a permit:
(1)
Excavations (not fills) for pools, raised foundations, retaining
walls, basements or other below-grade structures and earthwork associated
with approved subdivisions do not require a grading/gravel excavation
permit, but are subject to building permits. A grading/gravel excavation
permit is otherwise required if any of the following criteria apply:
(2)
Excavation, removal, filling or grading in direct connection
with an agricultural use.
(3)
Excavation, removal, filling or grading of a total amount up
to 1,500 cubic yards.
C.
Standards for earth removal. The removal of earth materials under this section shall require a special permit from the Commission and shall comply with the following standards, in addition to those described in Article 4, § 275-4.4C, and Article 5 of these regulations:
(1)
The site plan shall show all planned phases of the operation,
including an estimate of the duration of each phase. In order to minimize
disruption to the surrounding neighborhood, the Commission may require
that each phase be limited to five acres of disturbance, and reclamation
shall occur as each phase is completed.
(2)
The hours of operation for earth and gravel removal shall be
limited to Monday through Friday, 7:00 a.m. to 5:00 p.m., and Saturday
7:00 a.m. to 12:00 noon. No operation shall be permitted on Sundays
or legal holidays.
(3)
Excavation and grading shall provide for proper drainage of
the property both during the earth removal operation and after its
completion.
(4)
Buffer areas. There shall be no excavation within 50 feet of
any lot line, unless the applicant obtains a signed waiver of that
setback from the adjacent property owner/s. Such buffer areas shall
remain undisturbed for the duration of the earth removal operation
and shall not be used for any purpose, including, but not limited
to, the following:
(a)
Vehicular access to any portions of the site, other than the
excavation area, except as otherwise approved by the Commission.
(b)
The parking or storage of equipment, machinery or vehicles.
(c)
The location of any building(s) or structure(s), such as sanitary
facilities or field offices.
(d)
The excavation, processing, stockpiling or storage of any earth
materials.
(e)
The location of the fuel pad.
(5)
If the Commission finds that the existing vegetation or topography
within such a buffer area will not effectively screen the earth removal
operation from adjoining properties, additional screening methods
may be required, e.g., earthen berms or fences.
(6)
If the Commission finds that the existing vegetation or topography
within a lesser buffer area will effectively screen the earth removal
operation from adjoining properties; or that the adjoining property
owners have consented, in writing, to a lesser buffer area; or that
a lesser buffer area is warranted in order to match proposed contours
to the existing topography; or that fencing, plantings or a combination
thereof proposed by the applicant will effectively screen the earth
removal operation from adjoining properties, the Commission may reduce
the required buffer area. In reducing the required buffer area, the
Commission shall consider the proximity of adjoining uses, the type
and quantity of existing or proposed vegetation, the relative elevations
of the operation and adjoining properties, and the proximity of the
operation to any public right-of-way. Such reduction shall be the
minimum necessary to accomplish the purpose of these regulations.
(7)
In order to allow the final grade of the earth removal operation
at the street line to conform to the grade of the street along which
the property has frontage, the Commission may allow excavation up
to the street line.
(8)
The final grade of any excavated slope shall not exceed one
foot of vertical rise per three feet of horizontal distance. Where
ledge rocks or similar geological conditions are encountered, the
Commission may approve a steeper grade, but it may require fencing
or other protective measures to control hazardous conditions.
(9)
Unless otherwise approved by the Commission, the maximum depth
of excavation shall be:
(a)
No greater than 10 feet below the grade of the street on which
the property has frontage within 100 feet of the street line;
(b)
If the property has no street frontage, no greater than 10 feet
below the grade of the property line through which access to the site
is provided, within 100 feet of that property line; and
(c)
No closer than five feet to the maximum groundwater level on
the property, except in locations where permanent ponds are proposed
as part of the excavation plan.
(10)
The final grade plan shall demonstrate that the site will be
left in suitable condition for residential, commercial, industrial
or conservation use.
(11)
In granting a special permit for earth removal, to safeguard
the public health, safety and general welfare, the following shall
be required:
(a)
The area of property to which the earth removal operation shall
be confined.
(b)
The extent of stockpiling materials on the property.
(c)
Protective measures to minimize the nuisance of noise, dust
and flying rock.
(d)
The location of vehicular access into and out of the property.
(e)
The location of the fuel pad.
(f)
A dust control plan.
(g)
Requirement that trucks exiting the property be covered.
(12)
A special permit for earth removal shall not become effective
until the applicant posts a bond with the Commission. The applicant
shall provide a bond estimate for the projected cost of reclamation
of the site for review by the Commission. The Commission may seek
the opinion of the Director of Public Works or that of an engineer
employed by the Town or by NECCOG in considering the adequacy of the
proposed bond. Cash bonds or surety bonds are the types of bond acceptable
by the Commission. Such bond shall insure restoration of the earth
removal operation in accordance with the requirements of the approved
special permit. Such bond shall permit the Town to finish any incomplete
or required restoration covered by said bond, if the special permit
expires or is revoked for failure to comply with the requirements
of the special permit. Such bond shall not be released by the Commission
until it has received a final plan and a report by the engineer of
record, stating that all conditions of the special permit covered
by the bond have been fulfilled and that the required permanent vegetative
cover is growing and in a healthy condition. Such a report shall be
reviewed by the ZEO for compliance with gravel operation closure,
prior to submission to the Commission.
D.
Processing/screening/crushing.
(1)
The processing of materials on the site shall be allowed only
by special permit. Processing shall not take place within 1,000 feet
of a residence.
(2)
The crushing of earth products with permanently installed machinery
shall be permitted only in the Business Development District and the
Thompson Corridor Development District.
(3)
Portable crushing plants may be allowed in all districts in
association with specific site-development earthwork.
(4)
Screening may be accomplished at a valid excavation site in
any district when the following conditions are met:
(a)
The processing (screening) equipment shall be portable and self-contained.
(b)
The processing (screening) activity shall take place only between
7:00 a.m. and 5:00 p.m. No processing shall be permitted on Saturdays,
Sundays or holidays.
(c)
Only material excavated and unearthed at a site in accordance
with a valid excavation permit shall be permitted to be processed
(screened) on said site.
E.
Renewals.
(1)
In order to mitigate the disruption of the surrounding neighborhood
by an ongoing operation, prior to renewing a special permit for earth
removal, the Commission may require that those areas of the property
where excavation has reached finished grade, per the approved plan,
be restored with topsoil and subsoil to predisturbance levels and
seeded with native species to establish a permanent vegetative cover.
(2)
Every 12 months after the effective date of a special permit
for earth removal, the applicant shall submit to the Commission a
statement regarding the progress of the operation, accompanied by
a letter, signed by a licensed surveyor stating the bottom elevation
of the excavation, the approximate amount of material removed, the
size of the disturbed area and a certification that the grading is
being done in conformance with the approved plan. Failure of the applicant
to provide the Commission with such information within 30 days after
the end of the twelve-month period shall be deemed sufficient cause
for the ZEO to recommend to the Commission to revoke the special permit,
upon notice and opportunity to be heard.
(3)
As a part of the renewal process, the ZEO may request a compliance
review by any Town departments that were involved in the original
application and approval (e.g., building office/Fire Marshal/Inland
Wetlands Commission).
(4)
If, at any time, the Commission finds that the earth removal
operation is not being conducted in accordance with the special permit
as approved, the Commission may order the applicant to cease the operation
and, following a duly noticed hearing, may revoke the special permit.
F.
Reclamation.
(1)
Topsoil and subsoil stripped from the property shall be set
aside on the premises. Such topsoil and subsoil stockpiles shall not
be sold or removed from the premises.
(2)
Upon completion of the earth removal operation, all disturbed
areas of the property, except rock exposed by excavation or permanent
ponds, shall be restored with topsoil and subsoil to the equivalent
level of coverage prior to excavation, as certified by the engineer
of record. Such topsoil and subsoil shall be evenly spread over the
disturbed area and seeded with native species suitable to prevent
erosion and to stabilize all slopes.
(3)
Prior to final reclamation, an as-built plan shall be approved
by the Commission and filed in the records of the Town Clerk. The
posted bond shall be released following the approval of the Commission
and the filing of the plan.
A.
Intent. Groundwater reserves/stratified drift deposits are a potential
source of water for the future and, therefore, should be protected
from contamination.
B.
Identification of stratified drift deposit areas. Thompson's stratified
drift deposit areas have been delineated according to data supplied
by the Connecticut Department of Energy and Environmental Protection
and can be seen on the map entitled "Town of Thompson Groundwater
or Aquifer Resources (Stratified Drift Deposits)," dated January 2020
(Appendix G[1]).
[1]
Editor's Note: Appendix G is included as an attachment to this chapter.
C.
Application requirements.
(1)
Applications in any district for activities that involve storage,
use, handling and/or disposal of hazardous materials, such as petroleum
products, solvents, waste oil, chemicals, shall require supplemental
information as follows:
(a)
Detailed description of the proposed use.
(b)
List of hazardous materials used, generated or stored in association
with the application.
(c)
Detailed description of measures that will be implemented to
protect against potential contamination, including how materials will
be handled at the site to protect against leakage, spillage or any
other means of potential contamination.
(2)
All hazardous materials as defined in the Town of Thompson Aquifer
Protection Regulations (2017), Section 2(a)(14), shall be stored,
handled, used and/or disposed of in accordance with all state and
federal laws.
(3)
Best management practices shall be utilized as outlined in the
Town of Thompson Aquifer Protection Regulations (2017), Section 12.
A.
Intent. The intent of these regulations is to promote the safe, effective
and efficient installation of solar photovoltaic (PV) systems. It
is the further purpose these regulations to:
(1)
Reduce barriers to the installation of renewable energy systems
for use by private homeowners;
(2)
Establish clear standards for the installation of medium- or
large-scale PV systems for commercial or municipal use; and
(3)
Reduce unintended impacts on agricultural lands and open space
resulting from the installation of large-scale PV systems.
B.
Table of permitted uses:
|
District
|
Construction Type
|
Zoning Permit
|
Site Plan
|
Special Permit
|
Prohibited
| |
|---|---|---|---|---|---|---|
|
1.
|
Rural Residential Agricultural District
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
2.
|
Common Residential District
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
3.
|
Thompson Common Village District**
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
4.
|
Business Development District
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
5.
|
Thompson Corridor Development District
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
6.
|
Downtown Mill Rehabilitation District
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
7.
|
Lake District
|
Residential, roof-mounted
|
*
| |||
|
Residential, ground-mounted
|
X
| |||||
|
Medium-scale
|
X
| |||||
|
Large-scale
|
X
| |||||
|
*
|
Residential roof-mounted solar panels require a building permit
only and not a zoning permit.
|
|
**
|
Additional limitations may apply. See § 275-14.5C(1)(e) (below).
|
C.
Residential-scale installations. An installation is considered to
be residential scale if it occupies 1,750 square feet of surface or
less. Such installations may be either ground-mounted or installed
upon a rooftop.
(1)
General guidelines.
(a)
Solar PV systems that primarily deliver electricity to an on-site
building or structure shall be categorized as an accessory building
or structure.
(b)
Accessory roof-mounted solar PV systems are permitted in all
zoning districts.
(c)
Building-integrated solar PV systems integrated into the roof
or facade of a structure, which do not alter the relief of the roof,
are permitted in all districts. For the purposes of these regulations,
these will be treated as accessory roof-mounted systems, except in
as far as their physical configuration may render any dimensional
requirements inapplicable.
(d)
Ground-mounted solar PV systems are subject to site plan review and approval by the Commission in all districts. The following items are required as a part of the application for a site plan review of a residential scale ground-mounted solar PV system, in addition to any items which the Commission may request, as per Article 4, §§ 275-4.4 and 275-4.6, of these regulations:
[1]
The distance between the proposed solar collector
and all property lines and existing on-site buildings and structures.
[2]
The tallest finished height of the solar collector.
[3]
Proposed changes to the landscape of the site:
grading, vegetation clearing and/or planting, exterior lighting, screening
vegetation or structures.
[4]
Documentation of the major system components to
be used (e.g., panels, mounting system, inverter).
(e)
Residences or other structures on the National or State of Connecticut
Register of Historic Places, or those within a recognized village
district as defined under C.G.S. § 8-2j, may be subject
to stricter limitations. These regulations do not supersede any such
limitations.
(2)
Dimensional and design requirements.
(a)
All setback requirements for a given district shall also apply
to ground-mounted systems. The Commission may, upon its review of
the site plan, impose additional setback requirements if a ground-mounted
system may be shown to interfere substantially with a neighboring
property (e.g., resulting in excessive shade or screening of scenic
vistas). The Commission may, at its discretion, consider statements
from abutters in considering such an application, but a public hearing
shall not be required.
(b)
Accessory roof-mounted solar PV systems are exempt from building
height restrictions.
(c)
Roof-mounted solar PV systems shall be located in such a manner
as to ensure emergency access to the roof, provide for smoke-ventilation
opportunities and provide emergency egress from the roof.
(d)
No roof-mounted solar PV system shall be located in such a way
that would cause the shedding of ice or snow from the roof into a
pedestrian travel area or a public right-of-way.
(e)
The apparatus for residential ground-mounted solar PV systems
shall not be included in calculations for lot coverage or impervious
cover. Surfaces upon which such an apparatus may be installed and
that are paved or otherwise rendered impervious shall be included
in calculations for lot coverage or impervious cover.
D.
Medium-scale and large-scale ground-mounted installations. An installation
is considered to be medium-scale if the footprint of the equipment
and the projection of the panels on the ground occupies more than
1,750 square feet but less than 40,000 square feet. An installation
is considered to be large scale if the footprint of the equipment
and the projection of the panels on the ground occupies 40,000 square
feet or more.
(1)
General guidelines.
(a)
Medium-scale solar PV systems may be subject to application criteria under site plan review or the special permit process, according to the district in which the planned installation is located. Large-scale solar PV systems, unless otherwise prohibited in a given district, are always subject to the special permit process. Refer to the table under § 275-14.5B.
(b)
For installations subject to site plan review, the following items are required as a part of the application for a site plan review of a medium-scale solar PV system, in addition to any items which the Commission may request, as per Article 4, §§ 275-4.4 and 275-4.6, of these regulations:
[1]
The distance between the proposed solar collector
and all property lines; and existing on-site buildings and structures.
[2]
Proposed changes to the landscape of the site:
grading, vegetation clearing and/or planting, exterior lighting, screening
vegetation or structures.
[3]
Blueprints or drawings of the solar energy system
prepared by the engineer of record, showing the proposed layout of
the system, any potential shading from nearby structures, and the
tallest finished height of the solar collector.
[4]
Name, contact information and signature of the
property owner, the project proponents, any coproponents, and any
agents representing the project on behalf of the owner(s) and proponent(s).
[5]
Signed statement of consent by the applicant, allowing entry by the Town to remove an abandoned or decommissioned installation under the conditions of § 275-14.5D(5) (below).
(2)
Dimensional and design requirements.
(a)
All setback requirements for a given district shall also apply
to ground-mounted systems. The Commission may, upon its review of
the site plan, impose additional setback requirements if a ground-mounted
system may be shown to interfere substantially with a neighboring
property (e.g., resulting in excessive shade or screening of scenic
vistas). As a condition of site plan review, the Commission may, at
its discretion, consider statements from abutters in considering such
an application, but a public hearing shall not be required unless
the application requires a special permit in the given district.
(b)
Fencing shall surround a medium-scale or large-scale ground-mounted installation, with the exception of a canopy-mounted solar PV system on a parking lot or an agricultural site as described in § 275-14.5E. The fence shall be chain-link with a minimum height of eight feet; the wire mesh shall be a maximum of two-and-one-fourth-inch square. There shall be a minimum of two accessibility entrances for service and emergency vehicles.
(c)
Canopy-mounted solar PV systems shall not be lower than 15 feet
at the low-leading edge.
(d)
The apparatus for ground-mounted or canopy-mounted solar PV systems shall not be included in calculations for lot coverage or impermeable cover, except under the conditions stated in § 275-14.5E(2). Surfaces upon which such apparatus may be installed that are paved or otherwise rendered impermeable shall be included in calculations for lot coverage or impermeable cover.
(e)
Inasfar as is practicable, utility connections from the solar
PV installation shall be underground. If such proposed connections
cannot reasonably be underground, justification must be shown on the
site plan. Electrical transformers for utility interconnections may
be above ground if so required by the utility provider.
(f)
The owner or operator of the installation shall provide a copy
of the project summary, electrical schematic and approved site plan
to the Building Official, the Fire Marshal and local Fire Chief whose
district it will impact. Every means of shutting down the solar system
shall be clearly marked. The owner or operator shall identify a responsible
person for public inquiries throughout the life of the installation.
(g)
Signage shall be posted at the entrance, and on all sides at
appropriate distances surrounding the solar installation. Such signs
shall be two square feet in dimension, shall indicate electrical danger
present, shall identify the owner and shall provide a twenty-four-hour
emergency contact phone number or as dictated by the National Electrical
Code.
(h)
Notwithstanding the setbacks for the structure, the Commission
may require up to an additional 50 feet of buffer between a ground-
or canopy-mounted solar PV system and a residential or agricultural
use. The Commission may require additional screening where it is deemed
necessary to protect neighboring properties from noise, light or other
nuisances. Such additional screening may include the erection of a
solid fence, the installation of an earthen berm or other measures
deemed appropriate by the Commission. Any plantings so required should
be of varieties native to Connecticut. Species from the most current
Connecticut Invasive Plant List, as compiled by the Connecticut Invasive
Plant Council, are prohibited (https://portal.ct.gov/-/media/CAES/Invasive-Aquatic-Plant-Program/Plant-Information/Invasive-Plant-List-2013.pdf?la=en).
(i)
Clearing of natural vegetation shall be limited to that which
is necessary for the construction, operation and maintenance of the
solar energy system.
(3)
Bonding.
(a)
The Commission may require a bond estimate as part of the submission
for any site improvements that will be conveyed to or controlled by
the Town; and/or the implementation of any erosion and sediment controls
required during construction activities. If a bond is required, the
applicant shall submit said bond, calculated per C.G.S. § 8-3(g),
in a form satisfactory to the applicant's attorney and acceptable
to the Commission. Such bond shall not be released by the Commission
until written certification has been received from the ZEO that all
of the requirements of these regulations have been fully satisfied.
(b)
Proponents seeking to construct and operate a large-scale ground-mounted
solar PV system shall provide, prior to construction, surety in form
and amount satisfactory to the Commission, which may be an escrow
account, bond or otherwise, to cover the cost of removal in the event
the Town must remove the solar array and remediate the landscape.
Such surety shall not be required for municipal- or state-owned facilities.
The project proponent shall submit a fully inclusive estimate of the
costs associated with removal, prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal
costs due to inflation.
(4)
Monitoring/maintenance.
(a)
The project proponent of a medium- or large-scale solar PV system
shall submit a plan for the general procedures for operational maintenance,
which shall include safe access to the installation.
(b)
The owner or operator of the installation shall maintain the
facility in good condition. Maintenance activities include, but are
not limited to, structural repairs and integrity of security measures.
(c)
Site access shall be maintained to a level acceptable to the
local Fire Chief, Emergency Management Director and Emergency Medical
Services. The owner or operator shall be responsible for the cost
of maintaining the solar PV system and any private access roads or
rights-of-way.
(5)
Decommissioning/abandonment. Any medium- or large-scale ground-
or canopy-mounted solar PV system that has reached the end of its
useful life, or that has been abandoned, shall be removed. Upon written
request from the ZEO sent by certified mail to the contact address
provided and maintained by the owner or operator as part of the special
permit application, the owner or operator shall provide evidence to
the ZEO demonstrating the continued use of the solar facility. Failure
to provide such evidence within 30 days of such written request shall
be held as evidence that the installation has been discontinued. An
owner or operator intending to decommission such an installation shall
notify the Commission by certified mail of the proposed date of discontinued
operations, including plans for removal.
(a)
Decommissioning shall consist of:
[1]
Physical removal of solar panels, electrical inverters
with all underground conductors, structural mounding systems and structural
enclosures. Conduit may remain underground if the Commission determines
that removal would have deleterious effects (e.g., increased erosion
or runoff). The Commission may allow utility poles to remain on-site.
[2]
Disposal of all solid and hazardous waste in accordance
with state or federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary
to minimize erosion. The Commission may allow the owner or operator
to leave in place landscaping or designated below-grade foundations
to minimize erosion and disruption to vegetation. The owner or operator
must factually demonstrate how leaving such elements in place would
serve to minimize negative impacts.
[4]
Decommissioning shall take place no more than 182 days after the
date of discontinued operations.
(b)
Decommissioning shall take place no more than 182 days after
the date of discontinued operations.
(c)
Absent notice of a proposed date of decommission or written
notice of extenuating circumstances, a medium-scale ground-mounted
solar PV system shall be considered abandoned when it fails to operate
for more than one year. If the Commission considers the written notice
of extenuating circumstances to be acceptable, written consent may
be granted for the installation to remain for a period longer than
one year. Such longer period shall be defined in the written consent
by the Commission.
(d)
If the owner or operator of the solar PV system fails to remove
the installation in accordance with this subsection, the Town of Thompson
retains the right, after the receipt of an appropriate court order,
to enter and remove an abandoned, hazardous or decommissioned solar
PV system. Such removal shall be at the expense of the owner(s) of
the installation and the owner(s) of the site on which the facility
is located.
E.
Large-scale installations, special considerations.
(1)
Purpose. The purpose of this subsection is to encourage the
development of renewable energy resources, while preserving core forest,
prime farmlands and other open spaces.
(a)
"Core forest" means unfragmented forest land that is 500 feet
or greater from the boundary between forest land and nonforest land,
as determined by the Commissioner of Energy and Environmental Protection
(C.G.S. § 16-50k).
(b)
"Prime farmland" means land that meets the criteria as described
in 7 CFR 657, as amended.
(2)
Lot coverage considerations.
(a)
The footprint of the equipment and the projection of the panels
on the ground of a large-scale solar PV installation shall not cover
more than 50% of the lot on which it is situated, with the exception
of the considerations delineated below.
(b)
Any undeveloped portion of the remaining 50% of the lot not covered by the solar installation shall be maintained as one of the three land types defined in § 275-14.5E(1) (above).
(c)
In the Business Development District, these restrictions are
waived for open space. For an installation proposed on a site in the
Business Development District that incorporates core forest or prime
farmland, these restrictions shall not be waived.
(d)
These restrictions may be waived by the Commission if the installation
is proposed as a means of reclaiming a site under the conditions of
a special permit for earth and gravel removal. Such waiver shall be
for the percentage of lot coverage, only. Replacement of topsoil and
revegetation requirements, or any other erosion and sediment control
requirements, shall not be waived.
(e)
For an installation proposed on prime farmland or actively being
used for the purposes of agriculture [as defined in these regulations
and in Connecticut General Statutes, Sec. 1-1(q)] in any district,
these restrictions may be waived, at the discretion of the Commission,
if the application includes panels of sufficient elevation to allow
agricultural activity to continue below them. Such an application
must show the plan for the continuation of the agricultural activity.
Examples of agricultural activity that may occur alongside elevated
solar installations include grazing/pasturing of livestock, apiaries
and high-value vegetable or fruit crops requiring hand-picking for
harvest. Any waiver under such a plan would only apply to the elevated
portion of the proposed installation.
A.
Intent. The purpose of these regulations, in concert with the Connecticut
Siting Council as per C.G.S. § 16-50j, is to provide for
the location of wireless communications towers, antennas and facilities
while protecting neighborhoods and minimizing adverse visual and operational
effects through careful design, siting and screening consistent with
the provisions of the Telecommunications Act of 1996.[1] This section of the Zoning Regulations is intended to
be consistent with the Telecommunications Act of 1996 in that it does
not discriminate among providers of functionally equivalent services
or regulate the placement, construction and modification of personal
wireless service facilities on the basis of environmental effects
of radio frequency emissions to the extent that such facilities comply
with FCC regulations concerning such emissions. Additional purposes
of these regulations are as follows:
(1)
To encourage use of nonresidential buildings and structures
for the location of wireless communications apparatus.
(2)
To require joint use of new or existing towers and facilities
whenever possible.
(3)
To avoid potential damage to adjacent properties from tower
failure/collapse through careful engineering and siting of towers.
(4)
To accommodate the need for wireless communications towers and
antennas while regulating their location and number.
(5)
To protect historic and residential areas from potential adverse
impacts of wireless communications facilities.
(6)
To encourage suitable design measures to minimize adverse visual
effects of wireless communications facilities.
(7)
To reduce the number of towers and/or antennas required for
future use.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
B.
Siting preferences. This subsection indicates the general order of
preference for facility locations; one is the most preferred, while
four is the least preferred:
(1)
One: on tall towers located on property occupied by one or more
towers.
(2)
Two: on mini towers on existing nonresidential buildings/facades,
water towers/tanks, utility poles, chimneys, bridges, grain elevators
and silos or in structures such as steeples, clock and bell towers.
(3)
Three: on mini towers located in the Business Development District.
(4)
Four: on new towers of any height located in other districts
by special permit.
C.
General standards. The wireless communications facility standards
enumerated below shall be as follows:
(1)
A tower must comply with the setback requirements of the district
in which it is located or be set back from all property lines a distance
equal to the height of the tower, whichever is greater.
(2)
A telecommunications facility may be considered as either a
principal or accessory use. The minimum lot area for the construction
of a new tower shall be that of the district in which it is located.
More than one tower on a lot may be permitted if all setbacks, design,
and landscape requirements are met for each tower. A telecommunications
facility may be located on leased land as long as there is adequate
ingress and egress to the site for service vehicles and such access
is documented in a deed easement presented to the Commission.
(3)
All towers in primarily residential districts shall be a monopole
design unless otherwise modified and approved by the Commission.
(4)
No lights or illumination shall be permitted unless required
by the FAA.
(5)
No signs shall be permitted on any tower or antenna, except
that "No Trespassing," "Warning" and ownership signs are permitted
at ground level or no higher than seven feet from ground level.
(6)
The proposed support structure shall be required to accommodate
a minimum of three users unless it is determined to be technically
unfeasible based upon information submitted by the applicant and verified
by the Commission. These users may include other wireless communications
companies and local police, fire and ambulance companies.
(7)
The Commission may require the application of the provisions
of Section 16-50aa of the Connecticut General Statutes to promote
tower sharing.
D.
Permitted and special permit uses. The following uses generally pose
a minimum adverse visual effect and shall be deemed permitted uses
in all zoning districts subject to the standards in these regulations:
(1)
Wireless communications facilities where the antenna is mounted
on the rooftop or facade of a commercial or industrial building, provided
the following standards are met:
(a)
No change is made to the height of the building.
(b)
Panel antennas shall not exceed 60 inches in height by 24 inches
in width, whip antennas shall not exceed 48 inches in height and dish
antennas shall not exceed 36 inches in diameter.
(c)
Equipment cabinets and sheds shall meet the requirements of
these regulations.
(d)
Facilities shall be of a material or color that matches the
exterior of the building and shall blend into the existing architecture
to the extent possible.
(e)
Facade-mounted antennas shall not protrude above the building
structure and shall not project more than three feet beyond the wall
or facade.
(f)
Roof-mounted antennas shall not exceed the highest point of
the rooftop by more than 10 feet.
(g)
Roof-mounted antennas shall be set back from the roof edge a
minimum of 10 feet or 10% of the roof width, whichever is greater.
(h)
Roof-mounted antennas shall not occupy more than 25% of the
roof area in residential zones, and 50% in all other zones.
(2)
Wireless communications facilities where the antenna is mounted
on existing towers, water towers/tanks, utility poles, chimneys, bridges,
grain elevators, and silos, or in steeples, clock or bell towers,
provided the following standards are met:
(a)
No change is made to the height of the structure.
(b)
Panel antennas shall not exceed 60 inches in height by 24 inches
in width, whip antennas shall not exceed 48 inches in height and dish
antennas shall exceed 36 inches in diameter.
(c)
Equipment cabinets and sheds shall meet the requirements of
these regulations.
(d)
Facilities shall be of material or color that matches the exterior
of the structure and shall blend into the existing architecture of
the structure to the extent possible.
(3)
Wireless communications facilities where a tower is located
on property occupied by one or more towers erected prior to the effective
date of adoption of telecommunication zoning amendments by the Town
(August 24, 1998), provided the following standards are met:
(4)
All other placement of wireless communications facilities shall
comply with the special permit requirements found in these regulations,
and with the following additional requirements:
(a)
All of the plans and information required for a permitted use wireless communications facility site plan required in § 275-14.6E (below) of the regulations.
(b)
A GIS viewshed analysis showing all areas from which the tower
would be visible. The Commission may require a simulation of the proposed
site in order to help the Commission determine the visual impacts
associated with the proposal.
(c)
Proximity of the tower to residential and business structures.
(d)
Nature of uses on adjacent and nearby properties within 1,000
feet.
(e)
Surrounding topography within 1,000 feet at contour intervals
not exceeding 10 feet.
E.
Site plan requirements. All applications to develop a wireless communications facility as a permitted use or special permit shall meet the site plan requirements listed in Article 4, § 275-4.4B, of these regulations. In addition, the following information shall be submitted for each application, where applicable. The Commission may require independent engineering/technical review of submitted materials at the sole expense of the applicant.
(1)
A map indicating the service area of the proposed wireless communications
site, a map indicating the extent of the provider's existing and planned
coverage within the Town and a map indicating the search radius for
the proposed wireless communications site, including the location
of tall structures within 1/4 mile of the proposed site.
(2)
A report from a licensed telecommunication systems engineer,
indicating why the proposed site location is necessary to satisfy
its function in the applicant's proposed wireless communications system.
(3)
A plan showing where and how a proposed mini tower will be affixed
to a particular building or structure.
(4)
Details of all proposed shielding and details of material, including
color.
(5)
Elevations of all proposed shielding and details of material,
including color.
(6)
An elevation of all proposed equipment buildings, boxes or cabinets.
Details of all proposed fencing, including color.
(7)
Tower base elevation and height of tower.
(8)
A report from a licensed telecommunication systems engineer,
indicating that the proposed wireless communications facility will
comply with FCC radio frequency emission standards and that the installation
will not interfere with public safety communications.
(9)
All proposed landscaping, if appropriate, with a list of plant
materials. Species from the most current Connecticut Invasive Plant
List, as compiled by the Connecticut Invasive Plant Council, are prohibited.
The related website is https://portal.ct.gov/-/media/CAES/Invasive-Aquatic-Plant-Program/Plant-Information/Invasive-Plant-List-2013.pdf?la=en.
(10)
Proposed access to the site.
(11)
Detailed analysis of alternative sites, structures, access and antennas as provided by the applicant. Particular attention will be placed upon the siting preferences found in § 275-14.6B of these regulations.
(12)
Tower sharing or co-location to facilitate the telecommunication
needs of municipalities and other entities in order to reduce the
need to construct additional towers. The Commission reserves the right
to require the applicant to utilize the provisions of Section 16-50aa
of the Connecticut General Statutes, as amended, to achieve tower
sharing.
(13)
Assessment of design characteristics/architectural treatments
that mitigate, reduce or eliminate visual impacts on adjacent areas.
(14)
If located on or within 1/4 mile radius of a property listed
on the National or State of Connecticut Register of Historic Places,
preservation of the historic and/or architectural integrity of the
landscape or any structure.
[Amended 8-28-2023]
(15)
The owner of the facility shall keep the Town notified annually
as to the current contact person for maintenance purposes.
F.
Ancillary buildings. All ancillary buildings associated with wireless
communications facilities shall comply with the following:
(1)
Each building shall not contain more than 250 square feet of
gross floor area or be more than eight feet in height.
(2)
Each building shall comply with the setback requirements for
accessory buildings for the zoning district in which it is located.
(3)
If located on the roof of a building, it shall be designed to
blend with the color and design of the building to the extent possible.
(4)
All ground-level buildings, boxes or cabinets shall be surrounded
by an eight-foot-high chain-link or comparable fence and shall be
planted with evergreen shrubs and trees at least six feet high or
in a density sufficient to obscure lights and other visually objectionable
items and satisfactory to the Commission as it will safeguard or enhance
the privacy and appearance of the adjoining properties.
[Amended 8-28-2023]
G.
Abandonment. A wireless communications facility not in use for 12
consecutive months shall be removed by the facility owner at their
expense. This removal shall occur within 90 days of the end of such
twelve-month period. The Commission may require a bond satisfactory
to the Town to guarantee removal. If there are two or more users of
a single tower, this provision shall not become effective until all
users cease utilizing the tower.
H.
Telecommunication site plan review fee. The fee for a telecommunications
site plan review may be found in the Planning and Zoning Fee Schedule,
Appendix F.[2]
[2]
Editor's Note: Appendix F is included as an attachment to this chapter.
A.
Intent. The purpose of these regulations is to provide appropriate
guidelines for the development and operation of businesses selling
retail liquor products and/or adult-use (nonmedical) cannabis products,
while minimizing any harmful secondary effects of such businesses.
B.
Retail alcohol.
(1)
Alcoholic liquor and alcoholic beverage shall be defined according
to Chapter 545 of the Connecticut General Statutes, the Liquor Control
Act.
(2)
Except as provided in § 275-14.7B(6) (below), no building or premises shall hereafter be used and no building shall be erected or altered that is arranged, intended or designed to be used for the retail sale of alcohol, spirits, wines, beer or alcoholic liquor or any other beverage requiring a permit under the State Liquor Control Act of the State of Connecticut, C.G.S. Chapter 545, if the entrance of said building or premises is within 1,500 feet from the entrance of another building or premises in which alcoholic liquor is sold under a permit previously issued under the Liquor Control Act of the State of Connecticut.
(3)
When such proposed outlet and other outlets are located along
the same street, such distance shall be measured along the center
line of such street from the center of the entrance of the proposed
outlet to the center of the entrance of the other outlet.
(4)
When such proposed outlet and other outlets are on intersecting
streets, such distance shall be measured along a line running from
the center of the entrance of the proposed outlet to the center of
the entrance of the other outlet.
(5)
When such proposed outlet and other outlets are located other than as described in § 275-14.7B(3) and (4) above, such distance shall be measured along a line running from the center of the entrance of the proposed outlet to the center of the entrance of the other outlet.
(6)
Any such use presently existing contrary to the provisions of
this section may be continued; however, if any such use contrary to
the provisions of this section has been or shall be abandoned as defined
elsewhere in these regulations, it shall not thereafter be reestablished.
(7)
The Commission may require the screening of the uses permitted
herein from adjacent residential, institutional, religious or public
uses and may prohibit access to a public thoroughfare containing such
protected uses where a safer means of access is available.
C.
Adult-use cannabis.
(1)
Cannabis, cannabis product, paraphernalia and cannabis establishment
shall be defined according to C.G.S. § 21a-420, Definitions,
added by P.A. 21-1.
(2)
The number of cannabis establishments permitted in the Town
shall be as determined based on population by the Connecticut Department
of Consumer Protection (DCP).
(3)
No nonmedical cannabis facility or micro-cultivator shall be
permitted within 1,000 feet of any public or private school, library
or day-care center. In determining compliance with this provision,
the controlling distance shall be the shortest distance between the
door of the proposed outlet and those lot lines of the affected facility.
(4)
Adult-use cannabis establishments shall be allowed by special
permit in the BDD, TCDD and DMRD. Micro-cultivators that do not engage
in direct retail sales or home deliveries shall be allowed by special
permit in the RRAD.
(5)
As a condition of a special permit for an adult-use cannabis
establishment, the Commission may require the screening of the uses
permitted herein from adjacent residential, institutional, religious
or public uses and may prohibit access to a public thoroughfare containing
such protected uses where a safer means of access is available. The
Commission may also set conditions regarding parking or traffic control
methods.
(6)
Public smoking or vaping of cannabis products is prohibited
at food and beverage service establishments, including outdoor seating
areas.
A.
The purpose of these adult entertainment regulations is to address
and mitigate the secondary effects of adult entertainment businesses.
B.
Secondary effects have been shown to include increased crime, adverse
impacts on public health, adverse impacts on the business climate,
adverse impacts on the property values of residential and commercial
property and adverse impacts on the quality of life. All of said secondary
impacts are adverse to the health, safety and general welfare of the
Town of Thompson and its inhabitants.
C.
The provisions of these regulations have neither the purpose nor
intent of imposing a limitation on the content of any communicative
matter or materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of these regulations to
restrict or deny access by adults to adult entertainment businesses
or to sexually oriented matter or materials as that access is protected
by the Constitutions of the United States or of the State of Connecticut,
nor to restrict or deny rights that distributors or exhibitors of
such matter or materials may have to sell, rent, distribute or exhibit
such matter or materials. Neither is it the purpose or intent of these
regulations to legalize the sale, rental, distribution or exhibition
of obscene or other illegal matter or materials.
E.
In addition to the requirements described in Article 4, § 275-4.4C, and Article 5, a special permit application for an adult entertainment business shall include the following information:
(1)
Name and address of the legal owner of the adult entertainment
business.
(2)
Name and address of all persons having a fee, equity and/or
security interest in such facility. In the event a corporation, partnership,
trust or other entity is listed, the name and address of every person
who has an ownership interest and/or beneficial interest in the entity
must be listed.
(3)
Name and address of the manager.
(4)
The number of employees, or proposed number of employees, as
the case may be.
(5)
Proposed security precautions, and the physical layout of the
premises.
F.
No special permit for an adult entertainment business shall be granted
except in accordance with the following conditions and requirements:
(1)
Shall not be located within a radius of 1,250 feet of any type
of residence.
(2)
Shall not be located within a radius of 1,250 feet of any school,
library, day-care center or teaching facility, whether public or private,
governmental or commercial.
(3)
Shall not be located within a radius of 1,250 feet of any church,
synagogue or permanently established place of religious services or
other house of worship.
(4)
Shall not be located within a radius of 2,000 feet of any other
adult entertainment business.
(5)
The separation from the uses described above shall be shown
on the site plan.
(6)
The sale, provision, service or consumption of alcohol shall
not be permitted on the premises of an adult entertainment business.
(7)
All other development standards within the Business Development
District shall apply equally to an adult entertainment business.
G.
Special permits for adult entertainment businesses shall not be granted
to any person convicted of violating Connecticut General Statutes
governing contributing to the delinquency of a minor, or dissemination
of any materials harmful to a minor. All persons listed on the application
for a special permit as required in the previous subsection are subject
to this prohibition.
In districts where outdoor seating for food and beverage service
establishments is an allowable use (TCVD, BDD, TCDD, DMRD), the following
standards apply:
A.
Any outdoor seating area shall be clearly defined by some physical
partition, including, but not limited to: permanent enclosure such
as fencing or knee walls; or temporary/seasonal enclosure by means
of planters or other movable barriers.
B.
The outdoor dining seating area shall be no greater than 50% of the
interior seating, inclusive of 30% of any bar seating.
C.
Any signage or advertising shall be table-top only.
D.
Any lighting of outdoor seating areas shall be configured so that
all fixtures are downcast and illumination is contained entirely within
the seating area. The height of any fixtures shall be not greater
than eight feet. Lighting shall not be permitted that creates glare
for adjoining residential properties or vehicular travel rights-of-way.
E.
Where outdoor amplified sound is proposed for an outdoor seating
area (e.g., live or recorded music performance), such amplified sound
shall only take place between the hours of 11:00 a.m. and 10:00 p.m.
In areas where residential properties directly abut the food and beverage
service establishment, hours shall be limited to between 11:00 a.m.
and 9:30 p.m. All amplification devices (speakers, etc.) shall be
directed to contain the sound within the outdoor seating area, to
the greatest extent possible.
F.
Where outdoor seating is proposed in an area normally reserved for
parking spaces, the following additional standards apply:
(1)
For a parking area under the same ownership as the food and
beverage service establishment, any amount of the parking area may
be used, with the exception of required handicapped parking spaces,
bicycle parking, EV charging stations or spaces otherwise reserved
for specific uses (e.g., deeded parking spaces for rental units or
offices in a multi- use development).
(2)
For a parking area not under the same ownership as the food
and beverage establishment, a signed, notarized letter from the owner
of the parking area expressly giving permission for the use of the
area for outdoor seating shall accompany the application. A private
owner may impose stricter conditions upon the use of the parking area
than those stipulated in these regulations.
(3)
For a municipally owned parking area, the applicant shall seek
permission from the Town of Thompson Select Board, at a regular meeting
of that Board. A record of the granting of such permission, in the
form of a copy of the relevant meeting minutes, shall accompany the
application.
G.
Where an outdoor seating area is proposed in direct proximity to
a public sidewalk or other pedestrian right-of-way, the outdoor seating
area shall not obstruct the use of such right-of-way; nor shall the
outdoor seating area compromise the physical accessibility standards
of the Americans with Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A.
Chapter 246, Section 14-54, of the Connecticut General Statutes designates
the ZBA as the agency for the Town charged with the authority to grant
a certificate for the approval for the location of:
B.
Notwithstanding the above, the granting of a certificate of approval
by the ZBA shall not in any way abrogate or annul other regulatory
and administrative provisions of these regulations pertaining to such
uses.
C.
The ZBA shall hold a public hearing on any application under this
section.
D.
Procedure to notify applicable property owners. Following the notification guidelines found in Article 3, § 275-3.6C(8), of these regulations, applicants shall:
