Town of Mansfield, CT Residential Uses

Uses of land, buildings or structures that are not permitted in Mansfield's various zoning districts are prohibited (see § 190-7 for examples of prohibited uses). All uses permitted in this article are subject to dimensional requirements (see § 190-18), performance standards (see § 190-75) and all other applicable requirements contained in these regulations. *All land uses, including grading and land disturbing activities are subject to provisions of § 190-75 (Site Development Principles) & (Erosion and Sediment Control Plans) may also apply.

Dependent on each particular use and the specific zone in which the subject site is located, subsections of this Article may require site plan or special permit approval of the Planning and Zoning Commission for any of the following activities:

The establishment of new or additional permitted uses on a subject lot;

The construction or expansion of primary (as compared with accessory) structures associated with a permitted use;

A change in the use of an existing structure or lot from one category of use to another, a change in use within any particular subsection or any change in use in the Pleasant Valley Commercial/Agriculture Zone or Research and Development/Limited Industrial Zones;

Modifications in the overall layout, design or nature of existing or proposed building or site improvements associated with a permitted use including 1) changes in entrance drive design or location, traffic patterns, storm drainage or waste disposal systems or 2) substantive changes in exterior building design, signs or building materials, or 3) interior alterations or renovations that alter or intensify a land use (see § 190-86).

Where a building, structure or use is listed as permitted and site plan or special permit approval is not required the use may be authorized by the Zoning Agent through the issuance of a Zoning Permit and/or Certificate of Compliance (see Article 12).

With the exception of all uses in the Pleasant Valley Commercial/Agriculture Zone or Research and Development/Limited Industrial Zone (see provisions below), changes in the use of an existing structure or lot may be authorized by the Zoning Agent through the issuance of a Certificate of Compliance provided the new use is included in the same permitted use category as the previous use and provided all other applicable provisions of these regulations are met. In the Pleasant Valley Commercial/Agriculture Zone and Research and Development/Limited Industrial Zones, all changes in use from that described and approved in previous permit submissions, or from that established prior to zoning approval provisions, require the submission of a revised statement of use for review and approval by the Director of Planning and Development. The Director of Planning and Development shall have the right to refer the request to the Commission for their review and approval where the proposed change in use is considered to be a significant alteration of the previous use with potential impacts that have not been reviewed. The Commission shall have the authority to require the submission and processing of a new application as per the requirements for establishing a new use on a site.

Where questions arise regarding changes in use and permit requirements, the Planning and Zoning Commission shall determine whether a proposal constitutes a change in use and the appropriate permit requirements.

Minor modifications of existing or previously approved site improvements may be authorized by the Chairman of the Planning and Zoning Commission and the Zoning Agent as per the provisions of § 190-86, provided all Planning and Zoning Commission conditions of approval are met. Within an SC-SDD zone district, requirements relating to site and building modifications are set forth in § 190-48.

§ 190-18 Dimensional requirements.

Unless specific exceptions are noted in other sections of these regulations, all lots, buildings, structures and site improvements, including parking, loading, outdoor recreational facilities such as tennis, volleyball or basketball courts that are distinct from driveway/parking areas or lawns, and outside storage areas erected or altered after the enactment of these Zoning Regulations, shall conform to the dimensional requirements for the subject zone in which the building, lot, structure or improvement is located as specified in the Schedule of Dimensional Requirements which is included in these Regulations.

Zone	Minimum Lot Area/Acres	Minimum Lot Frontage (feet)	Min. Front Setback Line (feet)	Min. Side Setback Line (feet)	Min. Rear Setback Line (feet)	Maximum Height (feet unless otherwise noted)	Maximum Building Ground Coverage
R-20	20,000	125	40	15	50	35
R-90/RAR-90	90,000	200	60	35	50	35
ARH: See § 190-27	5 acres	50	50	50	50	40	25%
DMR: See § 190-28	5 acres	300	100	50	50	40	25%
SER-HO, § 190-30	5 acres	300	25	5	5	45	20%
PVRA: See § 190-29	None	200	200	50	50	40	25%

Notes:
**	Please see sections noted above for additional bulk and area requirements specific to the zoning district.

§ 190-19 Exceptions to the Schedule of Dimensional Requirements and special dimensional provisions.

General provisions.

Corner visibility. Between the building setback lines and the front property lines of a corner lot, no fence, wall, hedge, plantings, lawn ornaments or other visual obstructions shall be located or maintained which impede visibility along adjacent streets and create or aggravate vehicular or pedestrian safety problems. No fence, wall or hedge along the street sides of corner lots shall be over two and one-half feet in height.

Agricultural structures/manure pit. § 190-65 includes special setback provisions for agricultural uses and structures.

Fences, walls, hedges, driveways, wells, septic systems. Unless regulated by other sections of these zoning regulations, by the development area envelope provisions of the Subdivision Regulations (applies to lots approved after June 30, 2002) or provisions of the Inland Wetland Regulations, State Health Department or other agency having regulatory jurisdiction, fences, walls, hedges, driveways, wells and septic systems are not required to comply with the minimum setback provisions of the Schedule of Dimensional Requirements.

Accessory structures. Accessory structures shall meet applicable setbacks from front lot lines but setbacks from side or rear lot lines may be reduced to 10 feet provided the structure does not exceed 10 feet in height or 200 square feet in area. The setback reduction shall not apply to:

Accessory structures for which more specific setback requirements are established elsewhere in these Regulations.

Accessory structures for which a larger setback was required by the PZC as part of a Site Plan or Special Permit approval.

Subdivision lots and associated building area envelopes approved after February 20, 2002. On a subdivision lot approved after February 20, 2002, the Commission may grant an exception for a storage shed that is not within an approved building area envelope, provided the standards cited above in this subsection are met, the shed is within a Commission-approved development area envelope, and the shed location is consistent with subdivision standards regarding the protection of significant natural and man-made features and/or scenic views and vistas. See applicable provisions of Mansfield's Subdivision Regulations.

Swimming pools. Swimming pools shall meet all applicable setbacks from front, side and rear lot lines, but in no case shall a swimming pool be located closer to a front lot line than an existing or proposed residence on the lot. See applicable provisions of Mansfield's Subdivision Regulations.

Bus shelters. The Commission may waive setback requirements for bus shelters, provided the location and plans for the shelter are acceptable to the Director of Public Works or his designee and provided the location and plans do not present a safety hazard.

Satellite dish antennas. All satellite dish antennae greater in diameter than one meter (39.37") shall be located a minimum of 200 feet from front property lines unless, in the opinion of the Zoning Agent, the subject antenna is in a location that is not readily visible from the street or streets upon which the subject lot is located. Satellite dish antennae greater in diameter than one meter (39.37") shall meet all applicable setbacks from side or rear property lines and all applicable height requirements. Based on federal laws and regulations, satellite dish antennae one meter (39.37") or smaller in diameter are not subject to Zoning dimensional requirements. Any questions regarding this requirement should be reviewed with the Planning and Zoning Commission.

Handicap access ramps. Access ramps designed to provide access for handicapped individuals to and from decks or entrances of an existing residential or commercial structure may extend up to 12 feet into a required setback area. Furthermore, the Zoning Board of Appeals, through the issuance of a Special Exception, may authorize a greater extension into a required setback area, provided the extension is the minimum necessary to safely address Building Code requirements and site characteristics.

Parks and playgrounds. Parking areas for parks, playgrounds and other nature preserves are not required to comply with the minimum setback provisions of the Schedule of Dimensional Requirements. Where a park, nature preserve or playground abuts property in an RAR-90, R-90 or R-20 district, a minimum setback and landscape buffer at least 15 feet wide shall be provided between the parking area and the adjacent residentially zoned property. Natural buffers should be retained whenever possible. See § 190-75D(17) for additional landscaping requirements.

(10)

Schools. Parking areas for schools shall be exempt from the minimum front yard setback requirements of § 190-18 provided the following conditions are met:

This exemption shall only apply to existing school facilities and those that are constructed through redevelopment of a previously developed site.

A landscape strip shall be provided between the parking area and the abutting street to screen the parking lot from view using plantings and/or physical elements such as a low fence or wall. Wherever possible based on existing conditions, the minimum depth of the required landscape area shall be 25 feet on arterial roads, 30 feet on collector roads, and 35 feet on local roads as measured from the edge of pavement. Landscape and screening elements shall not be located within the right-of-way unless authorization is granted by the agency controlling the right-of-way.

(11)

Other. Other exceptions to § 190-18 may be included within the specified permitted use provisions for the intended use. Please refer to relevant sections.

Parking exceptions.

Residential parking. With the exception of housing developments involving three or more dwelling units where parking areas must meet all established setback requirements, or duplex units where special provisions are in required, residential parking is not required to comply with the minimum setback provisions of § 190-18.

Special dimensional requirements.

Setback from residential zones. In the RD/LI Zone, a minimum setback of 150 feet is required between all new industrial or research buildings and residential zone boundary lines..

Lot coverage. Except as noted below, the total ground area coverage of buildings and parking areas in the RD/LI Zone shall not exceed 50% of the total lot area. Provided all other requirements of these Regulations are met, this coverage limit can be increased to 75% for projects directly associated with a program that permanently preserves large tracts of open space or agricultural land.

Gate houses/security structures. In the RD/LI Zone, the Commission may reduce or waive front or side line setbacks for gatehouses and security structures other than residences.

Lots on private roads. Provided the standards noted below are met and provided special permit approval is obtained in accordance with § 190-74, the Commission may allow lots to be created off of private roads in the following zones: B; PB-1, PB-2, PB-3, PB-4, PB-5, NB-1, NB-2, PO-1, I, PVCA, PVRA and RD/LI. This regulation allows, under specific standards, lots to be created without frontage on a Town or State road.

The subject private roadway, including drainage improvements, shall be designed and constructed in accordance with the "Engineering Standards and Specification" of the Mansfield Public Works Department dated July 1983 as amended, and Planning and Zoning Commission. As noted exceptions to this requirement, the Commission may approve alternate widths for private roads that are not major circulation roads or for one-way road systems and the Commission may allow existing private roadways to be used for lot access, provided no traffic safety, drainage or other health, welfare or safety problems exist or may be created.

An appropriate easement establishing concise maintenance and liability agreements regarding the private roadway shall be the easement shall be recorded for each subject lot.

All applications seeking approval of lots off private roadways shall clearly note on the submitted plans that Town approval of the subject lots and associated access improvements shall not obligate the Town to assume any future ownership responsibilities for the subject private roadway or obligate the Town to perform any repair or maintenance work on private property.

Unless waived as per the provisions of § 190-56D all new improvements on lots that are situated on private roads must meet all applicable setback requirements for the subject zone. For the purpose of this requirement, the lot line along the private road shall be considered the front lot line.

All lots that are situated on a private road must have a minimum of 150 feet of frontage on the subject private road.

In situations where subdivision approval is necessary to establish a proposed lot or lots, all applicable provisions of the Mansfield Subdivision Regulations also shall be met.

Exceptions for non-conforming lots of record. Provided all applicable provisions of § 190-51 are met, the following special dimensional requirements shall apply to non-conforming lots:

Compliance with minimum lot area and lot frontage requirements shall not be required;

The required setbacks from the front and rear lot lines may be reduced to one-third of the lot's frontage, provided standard setbacks cannot be met in a reasonable manner due to the nature of the non-conformity;

The required setbacks from the side lot lines may be reduced to one-sixth of the lot's frontage provided standard setbacks cannot be met in a reasonable manner due to the nature of the nonconformity;

Subdivision building area envelope exceptions. The lot frontage and setback provisions of § 190-18 "Schedule of Dimensional Requirements", may be reduced, waived or increased pursuant to the "building area envelope" provisions of Mansfield's Subdivision Regulations. All lot frontage and setbacks for subdivision lots approved after February 20, 2002 shall be as depicted for each individual lot on approved subdivision maps as filed on the Land Records and as may be subsequently modified by the Planning and Zoning Commission. Criteria used by the Commission for establishing building area envelopes and appropriate lot frontage and setback provisions for each lot are contained in Mansfield's Subdivision Regulations.

Lot area exceptions.

Minimum lot area requirements for new lots:

To help ensure that all new residential lots have adequate land for a house, accessory structures, driveway, well, septic system and reserve area and accessory uses without inappropriate encroachment on natural resources and man-made resources such as stone walls and other historic structures, all residential lots created after the effective date of this regulation that are not served by a public sewer system, shall contain a contiguous area at least 40,000 square feet in size (20,000 square feet in R-20 zones) that does not include visible ledge, existing slopes exceeding 15%, drainage easements, conservation easements or other easements that will limit or restrict on-site uses, or any watercourses, water bodies or inland wetland soils as depicted on the Mansfield Inland Wetland & Watercourses Map and as may be modified by on-site inspection and testing. Said 40,000 square foot area (20,000 square feet in R-20 zones) must be defined with all portions of the defined area having a minimum depth or width of 75 feet, and this area must be suitable for the uses noted above. As deemed necessary by the Zoning Agent and/or the Commission, on-site testing by the property owner or his agents may be necessary to determine compliance with this requirement. All new subdivision lots shall have a designated development area envelope (see definition in Subdivision Regulations) that meets the area and dimensional provisions of this section.

Subject to compliance with the minimum lot area provisions contained in Subsection F(1) above, the Planning and Zoning Commission shall have the right to authorize or require new subdivision lots in the R-90 and RAR-90 zones approved after June 1, 2006 to be less than 90,000 square feet in size. This provision is designed to implement, based on soil types, terrain and other natural or man-made resources on each subdivision site and based on goals, objectives and recommendations contained in Mansfield's Plan of Conservation and Development, the "cluster development" provisions of Sections 8-18 and 8-25(c) of the Connecticut General Statutes. More specific criteria for determining whether a reduction in lot sizes is appropriate is contained in Mansfield's Subdivision Regulations.

Accordingly, for all subdivision lots in the R-90 or RAR-90 zone approved after June 1, 2006, the minimum lot size shall be 90,000 square feet in size or the specific lot area depicted for each lot on an approved subdivision map as filed on the Land Records and as may be subsequently modified by the Planning and Zoning Commission, whichever is smaller.

Effect of change in subdivision or zoning regulations or boundaries of zoning districts after approval of a subdivision or resubdivision plan:

For all approved subdivision or resubdivision lots filed or recorded with the Town Clerk, special provisions are contained in Section 8-26a of the Connecticut General Statutes.

Special provisions related to height requirements.

Measurement of building height in stories. Where the Schedule of Dimensional Requirements establishes a maximum building height in stories, the following provisions shall apply:

Measurement of stories.

Story height shall be measured in feet between the floor of a story to the floor of the story above it. For single story buildings and the uppermost story of a multiple-story building, floor-to-floor height shall be measured from the floor of the story to the tallest point of the ceiling.

Stories shall be a minimum of nine feet and a maximum of 12 feet in height except as otherwise provided herein.

The PZC may by Special Permit authorize alternative story heights/maximum building heights where needed to accommodate functional and operational requirements associated with a specific use.

Visible basements shall not exceed the maximum of one-half of the height of the tallest story with the following exception: basements that are exposed due to sloping site conditions shall not be limited in height nor counted toward maximum stories provided the exposed section of the basement is located at least 100 feet from the front property line.

Occupied basements may have a height of up to 18 feet.

Half-stories and visible basements.

Half-stories shall be calculated as the space under a sloping roof where the line of intersection of roof decking and exterior wall face is no more than five feet above the top floor level.

A building incorporating both a half-story and a visible basement shall count the height of the two half-stories as one story except as provided above.

Ground stories.

Ground stories may be up to 20 feet in height.

Where a ground story exceeds 18 feet in height, such story shall count as two stories toward the maximum building height requirement for the district.

Additional stories. Additional stories shall be permitted in the PB-1, PB-3, PB-4, and I Districts as follows:

When a lot slopes downward from the front lot line, an additional story may be permitted only on the lower rear portion of the building in addition to the maximum number of stories allowed by the district. See Illustration.

An additional story is permitted for mixed-use buildings where the first floor is occupied by non-residential uses and the upper stories are occupied by residential uses. Use of the ground floor for services and amenities related to the residential use shall not qualify as non-residential uses for the purpose of determining eligibility for this height bonus.

Mezzanines. Mezzanines occupying more than 30% of the floor area below and extending above the story's allowable floor-to-floor height shall count as an additional story, including articulation of the story.

Structured parking.

Parking structures that are attached to occupied structures may be built to a height that is no taller than the height of the adjoining structure, regardless of the number of stories within the parking structure.

To encourage the use of structured parking and reduce impervious cover in Planned Business and Institutional Districts, the following number of structured parking stories incorporated within the base of a building shall not count toward maximum building height. This exception includes stories with a mix of occupied space and parking pursuant to building type requirements.

PB-1 and PB-3 Zones: one story.

PB-4 and I Zones: three stories.

Source of Illustration: Buffalo Green Code Unified Development Ordinance (December 2016)

Exceptions to maximum height requirements. The following building-mounted appurtenances shall be exempt from the maximum height requirements of § 190-18 provided they do not collectively exceed 10% of the roof area where they are located: spires, steeples or belfries; wireless communications, radio and television antennae; chimneys; water tanks; elevator towers, bulkheads, stair towers and similar elements; ventilators and other roof top mechanical structures; solar collectors; and similar appurtenances. The PZC may exempt the following ground-mounted structures from maximum height requirements through issuance of a Special Permit: flag poles; communications towers or antenna; solar collectors, wind turbines; farm silos or similar uses.

Highway clearance setbacks.

Street Classification	Highway Clearance Setback
(See § 190-15 for listing of streets in each classification)
Arterial Street	40 feet
Collector Street	30 feet
Local Street	25 feet

Floor area requirements. No dwelling shall be created or erected that does not comply with the minimum floor area standards as set forth in all applicable Building, Housing or Health Codes.

§ 190-20 Home occupations.

Permitted uses. A home occupation may include, but not be limited to, the following uses for the zones indicated:

R-20 and R-90 residential zones: Art studios, barber shops, beauty salons limited to one operator, dressmaking, teaching, transient overnight accommodations provided no more than 3 bedrooms are utilized for guests, office of a recognized profession, such as physician, lawyer, engineer, architect, real estate or insurance agent, contractor or tradesman and similar such uses, but specifically excluding the sale of any goods on the premises.

All other zones. All the uses permitted in Subsection A(1) above and in addition, the sale of antiques, the sale of handcrafted items produced on the premises, the assembly, repair and sale of small retail goods, home baking and limited food preparation/catering operations, and the limited storage or parking of vehicles, equipment and/or materials associated with a contractor, tradesman or other home occupation use.

Requirements:

Except for authorized on-site parking or storage, the home occupation shall be conducted wholly within a detached single-family residence dwelling or within a completely enclosed permitted accessory building on the same lot as the detached single-family residence. Home occupations are not permitted within dwellings that contain two or more dwelling units or within buildings accessory to a dwelling containing two or more dwelling units.

Except for authorized on-site parking or storage, the total area devoted to the home occupation shall not exceed 35% of the livable floor area of the single-family residence dwelling.

No more than two persons who are not residents of the detached single-family dwelling shall be employed and working at the site of the home occupation, except as provided in Subsection A(1) above, for beauty salons. A home occupation use may involve additional employees, provided these employees do not work or leave their vehicles at the site of the home occupation.

There shall be no display or advertising of the home occupation on the lot except for a nameplate not exceeding five square feet in area. The nameplate shall indicate that the business may only be transacted by appointment in letters having a minimum height of 1 1/4 inches. Home occupation signs shall not be internally illuminated and, if lighted externally, the sign shall be lighted only during the hours open for appointments.

Except for authorized signage, there shall be no indication of the home occupation or alteration of the residential nature of the residence dwelling or the lot.

No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced; no health or safety hazard shall be created; no interference with radio or television reception in the neighborhood shall be produced.

Parking adequate to meet the needs of the proposed home occupation shall be provided.

All home occupations involving food preparation, such as bed and breakfast, home bakery or catering operations, shall demonstrate that:

On-site sanitary systems (well/septic), are adequately sized and in suitable condition to serve the proposed use;

All other applicable health code requirements are met;

All applicable fire and building code requirements are met;

All refuse generated shall be covered, screened from public view and promptly removed from site;

All other requirements applying to home occupations.

All home occupations involving on-site storage or parking of vehicles, equipment and/or materials shall demonstrate through application submissions that the following requirements shall be met:

All on-site vehicle, equipment and/or material storage areas shall meet applicable setback provisions of the applicable zone of the subject site.

All vehicles, equipment and/or materials stored on site shall not be visible from adjacent properties. Where fencing and/or evergreen plantings are proposed, details of the subject fencing and/or evergreen screening (including size and type of proposed plantings) shall be provided. Tractor-trailer bodies, truck bodies, with or without a chassis, shipping or storage containers, boxcars or similar objects are prohibited for on-site storage purposes.

All on-site vehicle, equipment and/or material storage areas shall be limited in size and clearly accessory to the primary residential use of the site. A listing of all vehicles, equipment and materials to be stored on site (including size, height and type) shall be provided and updated where appropriate. Depending on site and neighborhood characteristics, the Zoning Agent shall have the authority to specifically restrict the area approved for on-site storage and/or the size, height and type of vehicle, equipment or material storage.

All vehicle and equipment use shall not begin before the hour of 7:00 a.m. Monday-Saturday or before the hour of 9:00 a.m. on Sundays and holidays. No vehicle and equipment use shall take place after 9:00 p.m.

All outside vehicle, equipment and/or material storage areas shall comply with applicable Inland Wetland Regulation and approval requirements.

Permit:

A Home Occupation Permit, issued by the Zoning Agent, shall be valid for a period ending January 1 of the next year ending in a zero or five and may, upon application by the holder of such permit, be renewed for additional periods of five years each, provided the requirements and intent of this Section are continually met. Such permit shall not be transferable.

All applications for a home occupation shall include:

A completed application form for a Home Occupation Permit;

A detailed statement of use fully describing the use or uses to which the subject building, accessory structures or site shall be devoted. Said statement of use shall fully address the approval criteria of § 190-20B and provide adequate information to determine that the proposed home occupation complies with applicable zoning definitions, permitted use provisions, performance standards and other applicable zoning regulations;

A plot plan depicting property lines, house, accessory structures, driveway, parking areas, on site storage areas and any other information deemed necessary by the Zoning Agent to determine compliance with applicable zoning regulations;

Any other information deemed necessary by the Zoning Agent to determine compliance with all applicable zoning regulations.

No Home Occupation Permit shall be issued until the Health Officer, Fire Marshal, Building Official and Inland Wetland Agent have signed the subject permit application to indicate that all applicable Health Code, Fire Code and Building Code requirements have been satisfactorily addressed in the subject home occupation proposal.

A Home Occupation Permit shall not be renewed, and an outstanding Permit may be revoked if, in the opinion of the Zoning Agent and the Commission:

The use has clearly altered the residential nature of the premises and neighborhood through the generation of traffic or noise substantially in excess of that normally generated by a residential dwelling unit;

Changes in the lot or the occupied building have been made altering the residential nature of same; or

Other conditions prohibited in § 190-20B above have been created.

Any uncertainty regarding the issuance or renewal of a Home Occupation Permit shall be resolved by the Mansfield Planning and Zoning Commission.

The granting of a permit for a home occupation shall not constitute the establishment of a legal non-conforming use.

Prohibited uses. A home occupation shall not be construed to include restaurants, or other eating and drinking places, kennel, animal hospital, automotive repairs, small engine repair, or any other use which in the opinion of the Zoning Agent or the Commission would create conditions prohibited in § 190-20B above.

§ 190-21 Accessory dwelling units.

Unit types and design standards. Accessory Dwelling Units (ADU) shall comply with the following requirements:

Accessory dwelling unit types. An accessory dwelling unit may be created only through the following methods:

Converting existing living area within a principal dwelling, such as basement or attic space.

Adding floor area (i.e., addition).

Constructing a new principal dwelling with an internal or detached accessory dwelling unit.

Converting or adding onto an existing accessory structure on a lot, such as a garage or other outbuilding.

Constructing a new accessory dwelling unit within a separate detached structure.

Prohibition on use of recreational vehicles as ADU. Recreational vehicles, travel trailers and any other wheeled or transportable structure shall not be used as an accessory dwelling unit.

Maximum size. The ADU shall not exceed 50% of the livable floor area of the principal dwelling or 1,000 square feet, whichever is less.

Floorplan. The ADU shall include a distinct kitchen or kitchen area containing a sink, refrigerator, stove or stovetop, oven, cabinets, and adequate counter space for food preparation and serving; and a bathroom containing toilet, sink and shower or bathtub.

Entrances.

The ADU must have an entrance separate and distinct from any entrance used to access portions of the building that are not part of the ADU.

No new entrances for an accessory dwelling unit may be added to the front facade of a principal dwelling.

Nonconforming structures. Accessory dwelling units may be located in existing principal or accessory structures that are nonconforming to height and/or setback requirements provided the structure is not altered in any manner that would increase the degree of noncompliance.

Parking.

A minimum of three off-street parking spaces shall be provided to serve the single-family dwelling and accessory dwelling unit.

Unobstructed access from the street to each required parking space shall be provided and no parking space shall be located on lawn areas.

Utilities. Accessory dwelling units may be connected to the water, wastewater, electric, gas, and other utilities of the principal dwelling or may have separate services. No ADU shall be approved for a property with an on-site wastewater disposal system until the applicant has demonstrated to the satisfaction of the local health department that the septic system can accommodate the additional flow and a code complying area identified that complies with DPH requirements.

Owner occupancy required.

Declaration of restrictions. The property owner shall file a declaration of restrictions on the land records stating:

Either the principal dwelling unit or accessory dwelling unit shall be occupied as a primary residence by a record owner of the property at least six months per calendar year. "Owner" is defined as that individual owning at least a 50% fee simple interest in said property in his or her personal individual capacity only.

Occupancy of the accessory dwelling unit is limited to two adult persons. Children under the age of 18 that are the legal responsibility of an adult occupant may also reside in the ADU, provided that total maximum occupancy of the unit shall be not exceed one occupant per 100 square feet of combined living room and dining room space. For example, if the combined size of the accessory dwelling unit's living and dining areas is 400 square feet, occupancy would be limited to a total of two adults and up to two children, or one adult and three children.

The accessory dwelling unit shall not be sold separately from the principal dwelling unit, nor shall the lot be subdivided to provide a separate lot for the accessory dwelling unit.

These restrictions shall run with the land and are binding upon any successor owner of the property.

These restrictions shall not be modified or removed without the consent of the Town of Mansfield.

Modification of restrictions. No deed restriction shall be modified unless approved by the PZC.

Release of restrictions. Upon verification that an accessory dwelling unit established pursuant to this Section has been removed, the Zoning Enforcement Officer shall record appropriate documentation to release the encumbrance. Any fees associated with such release shall be borne by the property owner.

Certification of owner occupancy.

The property owner shall submit a notarized statement by the first of January of each year ending in a zero or five, certifying that:

One of the units is the primary residence of the owner;

The owner meets the requirements of an owner-occupant as required by this section; and

The accessory dwelling unit continues to comply with all applicable requirements.

A certification of owner occupancy shall also be required upon property transfer to a new owner.

Application requirements. The following documentation shall be submitted with applications for an ADU:

A draft declaration of deed restrictions pursuant to § 190-21B a form acceptable to the Town Attorney.

Any other documents needed to determine compliance with the Regulations.

A Zoning Permit shall not be issued until the declaration has been approved by the Zoning Enforcement Officer and Town Attorney and recorded on the land records by the property owner.

Violations. In addition to penalties for violation identified in § 190-88 these Regulations and Chapters 134 and 189 of the Mansfield Code of Ordinances, any permit for an Accessory Dwelling Unit which has been revoked following an enforcement action by the Town shall require the issuance of a Special Permit by the Planning & Zoning Commission for reinstatement.

§ 190-22 Use of rear lots.

The provisions of this section are intended to permit the use of an existing rear lot for one single-family dwelling unit in the residential districts. Rear lots created after the adoption of this section shall not be used for residential purposes.

No dwelling unit shall be erected on a rear lot unless there is provided for such lot an unobstructed right of access held in the same ownership as the lot, at least 20 feet wide to accommodate fire apparatus or other emergency equipment. If, however, the area of the rear lot shall exceed twice the area requirements of the zone in which the rear lot is located, such right of access shall be at least 50 feet wide.

A rear lot shall conform to all requirements prescribed for the zone in which it is located. The minimum lot area shall be computed as the area of the lot exclusive of the area of access.

Only the erection of one single-family dwelling and appurtenant accessory buildings or structures shall be permitted on a rear lot, regardless of the size of the lot. No Zoning Permit shall be issued for more than one dwelling on the rear lot until all regulations for subdivision have been complied with.

The access area shall be limited for the exclusive use of the one dwelling unit on the rear lot and shall not be used for access to any other land or separate rear lot.

The lot line from which the right of access leads shall be considered the front of the rear lot.

§ 190-23 Affordable housing requirements.

Introductory provisions.

Intent. These regulations are intended to increase the supply of affordable and workforce housing based upon the following findings:

An important goal of the Mansfield Tomorrow Plan of Conservation and Development (POCD) is to maintain a balanced and sustainable local economy. A balanced and sustainable local economy requires the availability of a stable and qualified workforce.

A key element of Mansfield's identity is its diversity, including the social, economic, and political fabric, and the general sense of community that occurs through the relationships built by residents as they attend schools, worship, vote, and participate in civic organizations in Mansfield. Preserving the availability of housing that is reasonably affordable to the workforce is essential to maintaining and enhancing this diversity.

American Community Survey data from 2005 to 2009 indicates that approximately 40% of Mansfield households paid more than 30% of income on housing costs, indicating that incomes have not kept pace with housing costs.

Demand for state and local assistance programs indicate that a significant number of Mansfield's residents struggle economically.

The rental housing market in Mansfield is more costly in relation to median incomes due to pressure from student demand.

The lack of adequate affordable workforce housing will also impact the ability of Mansfield to retain talent and attract start-up companies interested in being located close to a large public research university.

Goal 7.1 of the POCD establishes a goal that Mansfield's housing options include housing affordable to low- and moderate-income individuals and families. Measures of effectiveness in achieving this goal include at least 10% of all housing units meeting affordability standards by 2020 and a decrease in the percentage of households spending more than 30% of income on housing.

Applicability. The requirements of this Section shall apply to all residential development of more than five dwelling units with the exception of development in the South Eagleville Road Housing Opportunity (SER-HO) Zone. In the case of group dwelling uses, the requirements of this Section shall apply to group dwellings of more than 20 bedrooms.

Affordable and workforce housing standards.

Definitions.

AFFORDABLE HOUSING UNIT

A unit affordable to residents with incomes at or below 80% of Median Income.

LOW INCOME HOUSING UNIT

A unit affordable to residents with incomes at or below 60% of Median Income.

WORKFORCE HOUSING UNIT

A unit affordable to residents with incomes at or below 120% of Median Income.

Income limits, maximum housing payment and rent calculations.

Assisted housing. Median income, maximum housing payments and rents in assisted housing developments as defined by C.G.S. Sec. 8-30g shall be determined by the rules governing the specific program.

All other residential development. Median income, maximum monthly housing payments and rents for all other residential developments shall be determined pursuant to Sec. 8-30g-8 of the Regulations of Connecticut State Agencies, Maximum Housing payment calculations in set-aside developments. Estimated utility costs shall be calculated using the most current Connecticut Department of Housing Utility Allowance Schedule for the Section 8 Housing Choice Voucher Program.

Term of affordability. All low-income, affordable and workforce housing units constructed or rehabilitated pursuant to these regulations shall be restricted and maintained as affordable for at least 40 years from issuance of a Certificate of Occupancy.

Calculating required affordable units.

Minimum number of affordable and workforce housing units to be provided. Unless an alternative means of providing affordable and workforce housing units is approved pursuant to Article 11, all development subject to the requirements of this Section shall set-aside a minimum of 15% of the proposed dwelling units/group dwelling bedrooms as affordable housing units and a minimum of 5% of the proposed dwelling units/group dwelling bedrooms as workforce housing units.

Calculation of dwelling units. The minimum number of affordable and workforce housing units/bedrooms to be provided shall be calculated based on the net increase in overall dwelling units on the property. Any fraction greater than or equal to 0.5 will be rounded up to the nearest whole number. Any fraction less than 0.5 will be rounded down to the nearest whole number.

Unit types. The type of units (number of bedrooms) provided as affordable and workforce housing shall be proportionate to the overall unit breakdown for the development unless a market study is submitted demonstrating the need for a different breakdown based on demand for certain types and sizes of income-restricted units.

Alternative means of meeting affordable and workforce housing requirements.

Use of alternative means of compliance. The use of alternative means of compliance pursuant to this Section shall be reviewed by the Commission on a case-by-case basis. In reviewing the appropriateness of the use of an alternative to on-site development of required income-restricted housing units, the Commission shall consider:

The number of required income-restricted housing units and the practicality of incorporating such units in the development;

Proximity of the proposed development to existing or planned employment, schools or commercial services;

Compatibility with surrounding land uses; and

Difficulties complying with local, state or federal requirements in developing income-restricted units as part of the development.

Conversion of market-rate housing units to income-restricted units. The affordable and workforce housing requirements may be met in whole or in part through conversion of existing market-rate units pursuant to the provisions of this Section.

Minimum requirements. If the affordable and workforce housing requirements are to be met by converting market-rate housing units to low income, affordable, and/or workforce housing units, the converted units shall:

Be located in Mansfield;

Be proximate to existing or planned employment, schools or services;

Be comparable in quality, features and amenities to the development for which the affordable and workforce units are required; and

Be in compliance with the requirements of Subsection F, Location, Design and Features of Affordable and Workforce Housing Units.

Procedure. The conversion of market-rate units to low-income, affordable, and/or workforce housing units in accordance with the approved Affordable/Workforce Housing Plan shall be completed prior to issuance of a Certificate of Zoning Compliance for the development for which the affordable units were required.

Payment of fee-in-lieu of constructing affordable housing units. The affordable and workforce housing requirements may be met in whole or in part through payment of a fee-in-lieu of constructing the required affordable and workforce housing units pursuant to the provisions of this Section.

Fees received pursuant to this Section shall be deposited into a Housing Trust Fund established for the purpose of planning, subsidizing, acquiring, developing, or managing affordable workforce housing units in Mansfield. Until such time as a Housing Trust Fund is established by the Town Council, the Commission may authorize a direct donation to another entity to support development of an affordable housing project elsewhere in Mansfield as part of the approved Affordable/Workforce Housing Plan.

The in-lieu fee shall be calculated and paid in its entirety prior to issuance of a Zoning Permit for the project, or, in the case of a subdivision, prior to recording of the subdivision map on the land records.

The in-lieu fee shall be calculated pursuant Figure 1 below.

Where an in-lieu fee is proposed in combination with on-site units or conversion of existing units, said fee shall be prorated accordingly.

If the Zoning Permit for which the in-lieu fee provided expires without construction of any housing units, the in-lieu fee shall be returned to the fee payer, at the fee payer's written request. This provision shall only apply to fees paid into a Housing Trust Fund established by the Town.

Figure 1: Fee-in-Lieu Calculations
Use	A	B	C
Fee-In-Lieu=(A x (B x C)) + any administrative fee established by the Mansfield Town Council
Single and two-family dwellings (gross density: 4 units per acre or less)	3%	800 square feet* per unit x total number of dwelling units	Construction cost per square foot for one and two-family residential (R-3) pursuant to most recent Building Valuation Data for Type VB Construction from the International Code Council (https://www.iccsafe.org/codes-tech-support/codes/code-development-process/building-valuation-data/)
Single and two-family dwellings (gross density: over 4 units per acre)	3%	400 square feet* per unit x total number of dwelling units
Multi-family dwellings	4%	Total Square Feet of Net Rentable Floor Area-All Dwelling Units	Construction cost per square foot for multi-family residential (R-2) pursuant to most recent Building Valuation Data for the proposed construction type from the International Code Council (https://www.iccsafe.org/codes-tech-support/codes/code-development-process/building-valuation-data/)
Group dwellings	4%

Location, design and features of income-restricted housing units. Low-income, affordable and workforce housing units constructed in accordance with this section shall:

Be situated within the development so as not to be in less desirable locations than market-rate units, and shall, on average, be no less accessible to public amenities, such as open space and recreational facilities, than the market rate units.

Be integrated with the rest of the development and be compatible in size, number of bedrooms, design, appearance, exterior features, construction, and quality of materials to the market rate units. Interior features and mechanical systems shall conform to the same specifications as market rate units.

Use building materials that have a compatible exterior style to other units in the development.

Be ready for occupancy no later than the date of the initial occupancy of the market-rate portion of the residential development of which it is being provided. If the project is developed in phases, the affordable residential units shall be developed in proportion to the phases.

Density bonuses. Density bonuses up to five dwelling units per acre shall be awarded to incentivize the development of low income and workforce housing units. All bonuses shall be calculated on a buildable acre basis as established pursuant to the allowable residential density calculations. Additional market-rate units/bedrooms authorized pursuant to this Section shall not be included in the calculation of required affordable/workforce housing units pursuant to Subsection D(2). For group dwelling uses, multiply the number of additional market-rate dwelling units by four to determine the additional number of bedrooms.

Fee-in-lieu. A bonus of one dwelling unit per acre shall be provided in exchange for each donation to the Town's Housing Trust Fund [or other entity as described in § 190-23E(3)] equivalent to 1% of the construction cost as calculated pursuant to the Fee-in-Lieu of Figure 1 above.

Additional income restricted units provided within the development. The density bonuses for income-restricted units, Table 2 below, identifies density bonuses for income-restricted units that are provided in addition to the minimum requirements of § 190-23D. These units may be provided within the development or through conversion of existing market rate units pursuant to § 190-23E. In calculating these bonuses, additional income-restricted units shall not be counted toward overall density as illustrated in the sample calculation provided in sample bonus calculation for additional income-restricted units- Figure 3 below.

Figure 2: Density Bonuses for Income-Restricted Units
Type of Income-Restricted Unit Provided	Bonus Per Income-Restricted Unit Created
Low-income housing unit	3 market-rate units
Affordable housing unit	2 market-rate units
Workforce housing unit	0.5 market-rate unit

Figure 3: Sample Bonus Calculation for Additional Income-Restricted Units
The following example assumes:
•	The maximum density allowed prior to density bonuses for affordable units is 10 units per acre (identified at the bottom of Column A in Figure 3 below).
•	The project site contains 10 buildable acres, for a total maximum density of 100 units.
•	Maximum bonus available is 5 dwelling units/acre

	A	B	C	D
Unit Type	No Affordable Housing Bonus	Additional Income-Restricted Units Provided	Bonus Market Rate Units by Unit Type	Total Units
Market rate	85			135
Workforce	5	10	5	15
Affordable	10	15	30	25
Low income	0	5	15	5
Total Units	100	30	50	180
Dwelling Units Per Acre	10 du/ac	3 du/acre	5 du/acre	18 du/ac

Procedures.

Submission of affordable/workforce housing plan. Any applicant for a project subject to the requirements of this Section shall submit an Affordable/Workforce Housing Plan as part of the Special Permit or Subdivision application for the development.

Contents of affordable/workforce housing plan. The contents of the Plan shall include the following:

Calculation of the need for affordable and workforce housing created by the residential development based on the requirements of Subsection D.

The method by which the affordable and workforce housing is to be provided. Appropriate justification for the use of alternative means pursuant to Subsection E must be provided.

Where income-restricted units are to be provided as part of the development or through conversion of existing market rate units, the following shall be provided:

A conceptual site plan and building floor plans illustrating the type and number of proposed income-restricted units, their location in relation to the other development on the site and surrounding land uses, the number of bedrooms of the income-restricted units, and the design features/specifications of income- restricted and market-rate units.

A tabular summary of the proposed dwelling units, including the number of income-restricted units, the number of bedrooms and size of each unit, the proposed sale/rental mix, and the proposed sale price or rent for each income-restricted unit pursuant to the requirements of the assisted housing program or Sec. 8-30g-8 of the Regulations of Connecticut State Agencies, Maximum housing payment calculations in set-aside developments, as applicable.

A market study demonstrating demand for certain types of income-restricted units where the proposed allocation of income-restricted unit types is not proportional to the unit breakdown for the overall development.

A phasing plan for the project that indicates how income-restricted units will be developed in proportion to market rate units for each phase of the development.

The proposed deed restrictions/restrictive covenants to be placed on the income-restricted units to ensure they will be maintained as affordable as required by this Section. These restrictions shall comply with the requirements of the assisted housing program or Section 8-30g-2(c) of the Regulations of Connecticut State Agencies, Promulgation of list of municipalities exempt from section 8-30g of the Connecticut General Statutes, as applicable. The provisions of Section 8-30g-9 of the Regulations of Connecticut State Agencies, Model Deed Restriction for a set aside development, may be used as model provisions for such restrictions subject to any amendments needed to conform to the affordability provisions associated with the development.

Proposed rent and resale restrictions, including base rents/sales prices and provisions for future changes to rental rates to ensure continued compliance with affordability restrictions.

Procedures used to determine eligible persons or families for the rental or purchase of units pursuant to the requirements of the assisted housing program or Sec. 8-30g-8(f) of the Regulations of Connecticut State Agencies, Maximum housing payment calculations in set-aside developments, as applicable.

Plan for administration of the affordability requirements pursuant to the assisted housing program or Sec. 8-30g-7 of the Regulations of Connecticut State Agencies, Affordability Plans and Conceptual Site Plans, as applicable. The administration plan shall include a provision requiring the submission of an annual report to the Commission by January 31 of each calendar year demonstrating and certifying compliance with income limits and sales price/rental restrictions. Such report shall be provided in the format required by the Commission.

An affordable housing agreement (hereinafter "agreement") in which the applicant agrees to implement the Affordable/Workforce Housing Plan. The agreement shall be in a form approved by the Town Attorney.

If payment of a fee in-lieu of constructing affordable housing units is proposed in accordance with Subsection E, the plan shall include the estimated amount of the fees to be paid and supporting calculations.

Any other information required to comply with the requirements of C.G.S. Sec. 8-30g pursuant to the Regulations of Connecticut State Agencies.

Approval process.

The Affordable/Workforce Housing Plan shall be reviewed and approved, approved with conditions or disapproved by the Planning and Zoning Commission based on the standards set forth in this Section as part of the Special Permit or Subdivision for the development.

An approved Affordable/Workforce Housing Plan may be amended or modified only by action of the Commission.

§ 190-24 Requirements for multi-family housing for the elderly.

Where provided for in these regulations, the Commission may grant a special permit, in accordance with § 190-74, for the construction by a public or non-profit authority or group, of housing designed and used exclusively for the elderly, provided said housing is supported or assisted by the Town of Mansfield or a State or Federal grant limiting the housing to the exclusive use of the elderly, and provided the following specific requirements are met:

Location. No site location shall be approved unless it is on or within 300 feet of an arterial or collector street as set forth in these Regulations.

Height of buildings. No building shall exceed three stories or a height of 40 feet.

Road, drainage and infrastructure improvements. All roadways, drainage and infrastructure improvements shall be designed and constructed in accordance with the standards and specifications of the Mansfield Public Works Department. As a noted exception to this requirement, the Commission may approve alternate widths for private internal roadways that are not major circulation roads.

Dwelling unit density. Maximum of six units per acre. The Commission may permit higher densities if it can be demonstrated to the Commission that septic effluent can be safely disposed of, adequate potable water can be secured, and no adverse impacts will be felt by the surrounding neighborhood.

Site area. Minimum site of five acres. Total ground floor area of all buildings shall not exceed 25% of the site area. The Commission may permit a smaller minimum site area if it can be demonstrated that septic effluent can be safely disposed of adequate potable water can be secured and no adverse impacts will be felt by the surrounding neighborhood.

Off-street parking. Off-street parking shall be provided at the ratio of one space for every dwelling unit plus adequate visitor parking in an amount determined by the Commission.

Permitted accessory uses. Community building for use of residents thereof.

Building and site design/architectural plans.

Wherever possible, buildings and site improvements shall be designed to fit the existing topography, thereby preventing unnecessary disturbances of existing grades and vegetation. Wherever possible dwellings shall utilize a solar orientation and all improvements shall be designed to preserve and enhance neighborhood property values. Safe and suitable access shall be provided to all dwelling units and parking areas.

All applications for a multi-family development under this section shall include detailed architectural plans for all proposed buildings and structures including recreational facilities and signs. Said plans shall include exterior elevations, floor plans and information on the nature and color of building materials.

Distance between structures. The distance between any two structures shall be no less than the average height of both, but in no case less than 30 feet. The Commission may vary this spacing requirement when it determines that such variations will enhance the design of the project without detrimentally affecting emergency access.

Special reports. All applicants for multi-family projects shall be prepared to submit detailed information regarding the impacts associated with the proposed development with their special permit application. Professionally prepared traffic studies, watershed and drainage analyses and comprehensive environmental assessments are examples of the types of specialized information that the Commission may require.

§ 190-25 Provisions for multi-family and group dwelling development.

Intent. These provisions are intended to:

Ensure that new multi-family residential development provides housing options that meet the needs of all residents, including singles, families, seniors, students, and individuals with special needs;

Promote vibrant neighborhoods comprised of residents of all ages, incomes, and backgrounds; and

Encourage high-quality design of new multi-family residential and group dwelling developments when combined with the Architectural and Design Standards of § 190-77.

Applicability.

The requirements of this Section shall apply to multi-family developments and group dwelling developments in all districts with the exception of the SER-HO district.

The requirements of this Section shall apply to:

All new multi-family dwelling developments of 10 or more units.

All new construction of 10 or more units in existing multi-family dwelling developments.

Renovation of existing multi-family developments to the extent practicable given the extent of proposed renovations.

MULTI-GENERATIONAL HOUSING

Where any provision of this Section conflicts with other provisions of the Zoning Regulations, the provisions of this Section shall govern.

Definitions. For the purpose of this Section, the following definitions shall apply.

DESIGN GUIDELINES

Guidelines are not mandatory requirements but provide a defined framework of the design principles that supplement the development standards. The guidelines provide direction on the more qualitative aspects of a development project and may be interpreted with some flexibility. The guidelines are utilized during the review process to encourage the highest level of design quality, while providing flexibility to encourage creativity on the part of project designers. Applicants may propose alternatives that meet the intent of the design guideline.

DESIGN STANDARDS

Standards are specific development requirements that must be satisfied by all development to which the standards apply.

Housing designed to accommodate the needs of individuals at all stages of the life cycle.

SPECIAL NEEDS HOUSING

Housing designed specifically to support individuals with special needs, such as the elderly or individuals with physical or mental disabilities.

Infrastructure. Multi-family and group dwelling developments must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Zoning Compliance shall not be issued until the site is connected to public water and sewer facilities.

Residential density.

Developable land area. Allowable density of residential development shall be calculated based on the area of developable land. The acreage of developable land shall be calculated pursuant to the Figure below entitled, "Calculation of Developable Land Area."

Table 1: Calculation of Developable Land Area

Notes:
*	For the purposes of this calculation, only areas subject to easements or restrictions that completely prohibit development shall be deducted from the total land area. Areas subject to utility easements, access easements and other similar restrictions may be counted toward developable land area and do not need to be deducted from total land area.
**	For the purposes of this calculation, only areas of 2,000 square feet or more of continuously sloped area at least 10 feet in width shall be counted.

Calculation of allowable density. Multiply the developable land area by the number of units allowed per acre pursuant to Table entitled, Multi-Family Dwelling Residential Density by District. Fractional units of less than 0.5 shall be rounded down and 0.5 or more shall be rounded up.

Lots in more than one zoning district. For lots in more than one district, the allowable unit count (excluding bonuses) shall be computed separately first. These totals shall be added together and the allowable maximum bonus and transfer of development rights for the entire development shall be calculated based on this combined total number of units and the acreage of the property in the higher density district. The permitted location of the units shall be wherever the Commission determines best fits the characteristics of the land and surrounding area, based on the Development Impact Statement.

Table 2: Multi-Family Dwelling Residential Density by District
	A	B	C	D
	Maximum Base Residential Density		Maximum Density Bonus Available
District	Dwelling Units Per Acre	Not to Exceed Bedrooms Per Acre	Dwelling Units Per Acre	Not to Exceed Bedrooms Per Acre
ARH	8.7	NA	NA	NA
DMR	8.7	NA	NA	NA
PVRA	8.7	NA	NA	NA
I	100	NA	10	NA
PB-1	15	30	8	15
PB-2	35	70	10	20
PB-3	15	30	8	15
PB-4	100	NA	10	NA
RAR-90*	8.7	NA	NA	NA
SC-SDD	As established in the approved Master Plan		NA	NA

Notes:
*	This density applies only to properties in the RAR-90 district that meet the eligibility requirements for multi-family dwellings. Existing non-conforming multi-family residential developments are subject to the provisions of § 190-78.

Table 3: Group Dwelling Residential Density by District
District	Base Maximum Density (Bedrooms Per Acre*)	Maximum Density Bonus (Bedrooms Per Acre)
I	400	20
PB-4	400	20

Notes:
*	Up to 25% of bedrooms may be occupied by two people; all other bedrooms shall be single-occupancy.

Density bonuses. The Commission may award density bonuses pursuant to Table 4 up to the maximum identified in Tables 2 and 3 above. These bonuses are separate and distinct from density bonuses awarded pursuant to § 190-23G for affordable housing. Bonuses for affordable housing may be awarded above the maximum density bonus established in this Section. Bonuses shall be calculated in the same manner as base maximum density.

Table 4: Available Density Bonuses
Bonus	PB-1, PB-2 & PB-3	PB-4 & I
Community Amenities Available to the Public. Projects that include community facilities that are available for use by the general public, such as recreational facilities, public parks or meeting space. Said amenities shall not be counted toward the community amenity requirements for the development. The bonus awarded shall be at the sole discretion of the Commission based on the type of amenity proposed and the overall community need/demand for such a facility. In making its determination, the Commission shall consider input from relevant Town departments and advisory committees with regard to how the proposed amenity responds to community needs.	Up to 3 du/acre, not to exceed 6 bedrooms per acre	Multi-Family: Up to 2 du/ac Group Dwelling: Up to 4 bedrooms/ac
Off-Site Connections and Related Improvements. Projects that include pedestrian connections, such as public sidewalks and trails, to key employment, service and/or recreation areas. Sidewalks provided along the frontage of the subject property shall not be eligible for a density bonus under this provision. The bonus awarded shall be at the sole discretion of the Commission based on the type of improvement proposed and the overall community need/demand for such a facility. In making its determination, the Commission shall consider input from relevant Town departments and advisory committees with regard to how the proposed improvement responds to community needs. Improvements that would complete a project on the Town's Priority Walkway/Bikeway Project list shall be awarded the highest bonus.	Up to 3 du/acre, not to exceed 6 bedrooms/acre.	Multi-Family: Up to 2 du/ac Group Dwelling: Up to 4 bedrooms/ac
Structured Parking. Projects that provide structured parking to satisfy some or all of the required parking. To qualify for this bonus, a minimum of 50 structured parking spaces shall be provided. Fractional credit may be applied. For example, in the PB-1, 2 and 3 zones, a parking structure with 150 spaces would be eligible for a bonus of 4.5 dwelling units per acre.	3 du/acre for every 100 parking spaces provided in parking structures, not to exceed 12 bedrooms per acre.	Multi-Family: 2 du/ac for every 100 structured parking spaces, not to exceed 4 du/ac Group Dwelling: 4 bedrooms/ac for every 100 structured parking spaces, not to exceed 8 du/ac
Sustainability Provisions. Projects that include energy efficient design and building materials that satisfy the minimum requirements of ENERGY STAR^® Certification. Projects that receive this bonus shall submit documentation that the certification has been obtained/renewed by December 31 of each year. Failure to annually attain ENERGY STAR^® Certification and provide associated documentation shall be considered a zoning violation and subject to penalties as further described in § 190-88 and Chapter 189 of the Code of Ordinances.	3 du/acre, not to exceed 6 bedrooms/acre	Multi-Family: 2 du/ac Group Dwelling: 4 bedrooms/ac
Family-Friendly Units. Multi-Family residential projects with at least the following percentages of two- and three-bedroom units with family-friendly features specified in Subsection K(1).
• 50% of units	2 du/ac
• 75% of units	3 du/ac
• 100% of units	4 du/ac

Unit mix.

Multi-family residential developments shall comply with the following requirements to promote multi-generational housing unless the applicant establishes a demonstrated need for special needs housing pursuant to § 190-25O:

At least 20% of units shall be studio or one-bedroom units.

At least 50% of all units in the development shall have two or more bedrooms.

At least 15% of all units in the development shall have three bedrooms.

A minimum number of units that meet the following requirements shall be provided pursuant to Table 5 below.

Examples of unit types that would meet these requirements include but are not limited to townhouses, cottages, and small multi-unit buildings.

The unit shall have a dedicated entrance on the exterior of the building.

The unit shall include at least 50 square feet of outdoor space dedicated to use of unit occupants, including but not limited to front porches, patios, decks, fenced yard areas, balconies and rooftop terraces. The space provided shall be counted toward community amenity requirements established in Subsection I(1)(c).

Table 5: Minimum Multi-Family Unit Types by Developable Land Area
Minimum Units Meeting Provisions of Subsection F(4) Above	Developable Land Area
	5-10 acres	10-15 acres	15-20 acres	20+ acres
ARH, DMR, PVRA, RAR-90 Districts	10%	15%	20%	25%
PB, I and SC-SDD Districts	5%	7.5%	10%	12.5%

Property management plan. The applicant shall submit a property management plan that addresses the following requirements:

Type of management. The plan shall include the type of management proposed and identify how resident and neighbor concerns will be addressed. On-site management is required for any multi-family residential development of 50 or more dwelling units and group dwelling developments of 100 or more bedrooms.

Nuisance prevention. Identify strategies to reduce potential for neighborhood nuisances, including but not limited to:

Lease provisions related to nuisance behavior and guests.

Perimeter security measures.

Maintenance and upkeep. Proposed schedule for exterior maintenance (landscaping, power washing, painting/repairs, etc.).

Site layout and design.

Standards. The site plan shall:

Designate parking for accessible units near entrances and elevators.

Provide physical separation between exterior activity areas and vehicular use areas.

Provide parking, loading, and service areas to support non-residential uses in mixed-use projects.

Guidelines:

Incorporate natural features of site into design as amenities.

Integrate surface stormwater features into the site design as an amenity feature.

Provide focal points for units such as a central green.

Wherever possible, arrange parking, pedestrian circulation and building entrances so that residents and visitors are encouraged to access residential units from a street or greenway.

Wherever possible, locate and design surface parking areas to be secondary to buildings and open spaces. Examples include use of internal driveways that are designed to look and function like streets with travel ways and parallel or angled parking; placing parking to the rear of buildings; and breaking up large parking areas with buildings and open space.

Landscape pedestrian walkways to provide attractive spaces as well as privacy while avoiding blind corners and heavy landscaping which can obstruct sightlines along pedestrian routes.

Provide visual privacy between units. Where units face each other across a narrow distance, windows should be off set.

Locate and design entrances, lobbies, corridors, stairwells and elevators to maximize potential for casual surveillance from units, semi-private and public areas.

Design pedestrian circulation routes that can easily be used for moving furniture and household possessions as well as circulation of people with mobility aids (wheelchairs, scooters, walkers, etc.), strollers, tricycles, bicycles and wheeled toys.

In large projects (over 100 units) consider dividing the project into smaller communities centered around open space, where residents have access to common and circulation areas.

Community amenities.

Standards:

Community amenities shall be provided at a level appropriate to the overall size of the project that are safe and visible from dwelling units and building common spaces. The type and nature of recreational amenities shall be based on the size, nature, and location of the development. For smaller projects, trails, garden areas, and multi- use lawn areas may be considered adequate to meet this requirement. Detailed plans and specifications for proposed recreational amenities shall be shown on project plans.

Provide exterior activity areas that are safe and visible from major spaces in units.

Developments in the ARH, DMR, PVRA, and RAR-90 districts shall provide a minimum of 600 square feet of open space and/or recreational areas per unit. See § 190-56 for additional provisions related to open space provisions in the PVRA and RAR-90 districts, must comply with the following:

The greater of (i) 20 acres or (ii) 40% of the land upon which a multi-family dwelling development parcel is proposed to be built shall be permanently dedicated as open space for conservation purposes. Such dedication may be affected through a permanent conservation easement or through the transfer of land to a government agency, land trust or other conservation organization. The actual land to be dedicated as open space shall be within the site proposed to be developed or on adjacent land owned or controlled by the developer. The land subject to such dedication shall be included for the purposes of calculating the amount of area, exclusive of watercourses, waterbodies, inland wetland soils or slopes of 15% or more, for which the density requirement set forth in § 190-25E would apply.

In projects with 30 or more dwelling units/100 or more group dwelling bedrooms, a community multi-purpose room shall be provided that meets the following criteria: minimum 500 square feet of space for resident activities including but not limited to parties, meetings, and clubs; internet access; and computer access.

Additional amenity spaces shall be provided for projects of 100 dwelling units/300 group dwelling bedrooms or greater. Amenities shall be designed to provide a variety of options for residents. Examples include but are not limited to: passive recreation such as picnic areas and trails; playgrounds, active recreation such as swimming pools, tennis/basketball courts, workshop/hobby spaces, libraries, play rooms with toys for children of varying ages, teen lounge, additional community multi-purpose rooms, and communal kitchens and dining areas. The Commission may authorize use of off-site recreational facilities to meet some or all of the additional amenity requirements when the off-site recreational facility meets the following criteria:

The facility is located within 1/4 mile of the project site as measured by the shortest pedestrian path to such facility and is connected to the project site by continuous off-site walkways; OR, the project provides regular transportation to the facility during its hours of operation free of charge to residents.

Membership fees to the facility are provided free of charge to residents.

Provide in-unit or common laundry areas. Common laundry areas shall be ADA accessible and be located on each floor or near a common gathering space. See "Aging in Place Design Guidelines for Independent Living in Multifamily Buildings," Enterprise Green Communities, 2016. (Where provided, communal storage rooms shall be on an ADA accessible path and have sturdy, lockable, individual, storage areas).

Guidelines:

Where property includes significant natural features, consider incorporating walkways and trails with features and overlooks. Trails should be designed to connect to other properties wherever possible.

Provide outdoor communal gathering areas including quiet passive spaces as well as active gathering spaces such as playgrounds with equipment for children of different ages, barbeque/picnic areas and community gardens.

Building design.

Standards.

RAR-90, ARH, DMR and PVRA Zones. Maximum building height shall be three stories up to 40 feet; provided the Commission may approve a maximum height of up to 45 feet as part of the special permit for the development provided all of the following criteria are met:

Four stories may be permitted in townhouses having a garage on the first floor, provided the maximum height shall not exceed 45 feet per townhouse as measured from the average finished grade of each townhouse to the top of the roof of that townhouse as part of the special permit for the development; or, in all other building types, the enclosed space of the proposed structure above 35 feet shall be limited for use as non-tenant storage and/or areas for accommodating equipment used to operate such proposed structures' utilities;

The proposed structure aesthetically conforms with the physical context of neighboring properties; and

The proposed structure will not adversely affect the general health, welfare or safety of the Town.

All zones. The architectural plans shall provide ADA accessible access from each building to exterior amenities that minimize the need to cross a parking area or driveway. Where such crossing is required, use pavement type, markings and signage to demarcate a pedestrian crossing area, and signs alerting drivers to the presence of children in areas where the crossing leads to an exterior play area.

Guidelines:

Incorporate multiple building types in the overall design.

Where structured parking is used, wrap structures with buildings.

Design a portion of the ground level frontage to be residential units or other active uses with direct unit entries to the street. Alternatively, articulate ground-floor residential building facades to differentiate individual residential units from each other and from the overall massing of the building in order to express a rhythm of individual units along the street.

Design ground floor units to maximize views of the street from the interiors of units while minimizing views into units from the street.

Provide visual interest and improve quality of life for inhabitants through the use of features such as stoops, porches, recessed windows, bay windows and balconies.

Incorporate architectural features and materials that ensure high-quality, human-scale, distinctive design that is comfortable and attractive to residents. Consider vaulted ceilings; arches; corner treatments; window, facade and roof proportions.

In buildings with double-loaded corridors, unit doorways should be offset to avoid visual and acoustical intrusion whenever possible.

In corridors serving six or more units, define entries through lighting and recessed spaces.

Provide ADA accessible access from units to exterior common open space and wherever possible, provide for natural light into corridors and stairs with views to the exterior.

Corridors should be wide enough to allow for people to circulate past each other with mobility aids as well as allow for circulation around items temporarily left in the hall (such as tricycles, wheeled toys).

(k)

Situate as many units as possible adjacent to open spaces designed and landscaped to create active areas and opportunities for gathering and quiet respite.

Multi-family dwelling unit design.

Design standards:

A variety of unit types and designs shall be provided. Multi-story units can be included in a larger building with single-story units for greater diversity.

Bulk storage shall be provided for each unit in accordance with the table below. Linen, utility, clothing, and pantry closets may be counted as bulk storage spaces for the purpose of this requirement. Up to 30% of the bulk storage requirement may be provided in a communal storage area.

Bulk Storage Requirements
Unit Type	Minimum Bulk Storage Area
Studio	100 cubic feet
One Bedroom	150 cubic feet
Two Bedroom	300 cubic feet
Three Bedroom	450 cubic feet

A minimum of two full bathrooms shall be provided in three-bedroom units.

A minimum of 25% of two and three-bedroom units shall include the following features unless the development is designated as special needs housing as defined in § 190-25P:

An entry closet or indoor space near the entry for furniture, shelves, and storage of mobility aids where such items will not obstruct circulation.

Two-bedroom units: a dining area sized to accommodate a table and four chairs.

Three-bedroom units: a dining area sized to accommodate a table and six chairs.

A living room with sufficient space for seating plus other furniture and circulation.

A hierarchy of bedroom size, where one bedroom is larger than the others.

Bedrooms separated from living areas and sized to accommodate a bed, dresser, and desk or table.

Each bedroom shall have access to a full bathroom without going through the living room, dining room or kitchen.

At least one bathroom shall be equipped with a bathtub and shall be of sufficient size to accommodate a parent and child at the same time.

Design guidelines:

Provide kitchens and appliances sized appropriately for the unit type. The figure below identifies sample kitchen features based on unit size.

Sample Kitchen Feature Guidelines by Unit Size
Unit Type	Studio	One Bedroom	Two-Bedroom	Three-Bedroom
Clear countertop area Square feet of countertop area excluding sink	10 square feet	14 square feet	20 square feet
Linear feet of base cabinets	5 feet	10 feet	15 feet
Linear Feet of wall mounted storage	2.5 feet	5 feet	7.5 feet
Refrigerator size	14 cubic feet	16 cubic feet	18 cubic feet	20 cubic feet
Stovetop/oven size	30 inches wide
Pantry storage	NA	15 cubic feet	24 cubic feet	30 cubic feet

Units should be located and designed to minimize noise intrusion from surrounding development while maximizing natural light and ventilation.

Design units to allow residents to age in place. See "Aging in Place Design Guidelines for Independent Living in Multifamily Buildings," Enterprise Green Communities, 2016.

Maximize ventilation and sunlight by providing multiple exposures and shallow unit depths as much as possible. Place living areas along exterior walls and place bath and storage along interior walls.

Take advantage of views and natural light, particularly for living areas, by providing areas of glazing looking onto streets, yards and other exterior spaces. Provide shading on south and west exposures.

Maintain a sense of privacy from within housing units while allowing views onto streets and exterior courtyards.

Consider the layouts of adjacent units to ensure that bedrooms are not adversely impacted by proximity to neighboring living areas.

Bulk storage space should include at least one area with sufficient dimensions to accommodate large household items such as mobility aids (wheelchairs, scooters, walkers, etc.) strollers, wheeled toys, suitcases, sports equipment and holiday decorations.

Hallways should be well-lit and wide enough to accommodate those with mobility aids.

Spaces should be designed to accommodate multiple activities and be able to adapt to the needs of the resident.

(k)

Where possible, provide access to private outdoor space that is a minimum of six feet deep and nine feet wide. The private open space should be designed to maximize sunlight access, safety and adaptability.

(l)

Design units that can easily adapt to needs of occupants, including families with children, seniors and individuals with physical disabilities.

Recycling and solid waste disposal. Recycling and refuse collection service, including exterior recycle containers, shall be provided pursuant to Sections A196-5, A196-6 and A196-9 of the Solid Waste Regulations and the following provisions.

Number and Size of Containers.

The number and size of refuse and recycling containers shall be approved by the Town's Recycling Coordinator after consultation with the Town's contracted hauler.

Recycling containers shall be provided in an appropriate size and number for anticipated recyclables at the property. For design purposes, it should be assumed that the recycle containers will need to accommodate approximately 30-40% of the total waste generated on site.

Location of recycling containers. Recycling collection service shall be as convenient to residents and tenants as refuse collection service.

Should a development offer interior refuse collection containers in a centralized location, recycle containers shall be located in the same location.

Should a development offer door-to-door valet refuse collection service, recycling collection shall be provided in the same manner.

Should a building have a designated chute for refuse collection service, designated recycling chutes shall be provided adjacent to the refuse chute.

Should a development offer dumpster service, a complementary recycle dumpster shall be placed next to the waste dumpster.

Should a development opt for compactor service, a split compactor shall be used or a separate recycle container shall be placed next to the compactor.

Screening of Solid Waste/Recycling Containers. All solid waste and recycling containers shall be screened by a solid fence with gate that is at least one foot taller than the containers. Enclosure and gate size requirements will be determined based on the size of containers and must provide for clearance around the containers for users and the collection vehicle. Chain link fencing with vinyl slats is not an acceptable screening type.

Tenant and resident information. Information, including the types of recyclable materials accepted and the location of recycling containers shall be distributed to all occupants upon move-in along with a container for interior collection of recyclables that is clearly marked with the universal recycling symbol.

All occupants shall be provided with updated information and instructions when recycling services are changed.

Educational materials should also be posted in common areas such as laundry rooms, mail areas and the main lobby or leasing office.

Copies of educational materials shall be provided to the Recycling Coordinator annually on a date established in the Refuse and Recycling Plan.

Refuse and recycling plan. To demonstrate compliance with this Section, a preliminary Refuse and Recycling Plan shall be submitted with any Site Plan or Special Permit Application required by these Regulations. The Refuse and Recycling Plan must be finalized and approved by the Town's Recycling Coordinator prior to issuance of a Zoning Permit. At minimum, the Recycling Plan shall contain the following information:

Property owner and manager information.

Description of proposed waste disposal and recycling services to serve the development, including interior collection set-up, container types and sizes, and sample labeling.

Map identifying locations of refuse and recycling collection containers.

Calculations to support proposed container sizes.

Plan updates. Upon any change in ownership, management, or recycling collection service, an updated Recycling Plan shall be submitted to the Recycling Coordinator.

Bicycle parking. Bicycle parking shall be provided pursuant to the following requirements.

A minimum of 0.5 bicycle parking spaces shall be provided for each bedroom, with any fraction greater than or equal to 0.5 rounded up to the nearest whole number. A studio apartment shall be counted as one bedroom when determining bicycle parking requirements.

Bicycle parking spaces shall be a minimum of six feet long and two feet wide or as designed by the provided bicycle rack system with an ADA accessible access aisle at the side or rear of the bike.

Areas used for bicycle parking must be well-lit and drained to be reasonably free of mud and standing water.

All bicycle racks must be:

Securely anchored;

Able to support the bicycle frame in at least two places to prevent the bicycle from falling over;

Configured to allow locking of the frame and at least one wheel with a U-lock; and

Constructed of materials that resist cutting, rusting, bending or deformation.

A minimum of 90% of bicycle parking spaces shall meet the following requirements for long-term bicycle parking for building tenants:

Be provided in a secure location within 50 feet of a public entrance, building lobby or other common area, such as a parking deck. The minimum lighting level for bicycle parking areas shall be 0.5 footcandle.

Be designed to provide continuous overhead shelter from the elements. Examples of long-term parking design include: bicycle lockers, racks, lockable cage or other enclosure; or a lockable bicycle room.

Be located within 50 feet of or in the building for which such spaces are required.

Include space for storage of larger bicycles and accessories, including but not limited to tandem bicycles and adaptive bicycles for individuals with special needs.

A maximum of 10% of required bicycle parking shall meet the following requirements for short-term bicycle parking:

Be placed within 50 feet of, and clearly visible from, the main entrance to the use served.

Installed a minimum of two feet from any wall or other obstruction with the exception of wall mounted bicycle racks.

Installed on a surface designed and maintained to be mud and dust free. The use of rock or gravel areas for bicycle parking is permitted provided edging materials are used to demarcate the bicycle parking area and contain the gravel material.

If required bicycle parking is not visible from the street or public entrance, a sign must be posted at the public entrance indicating the location of the parking. The D4-3 sign of the Manual on Uniform Traffic Control Devices (MUTCD) is recommended.

Any required short-term bicycle parking provided in a structure or under-cover must be:

Provided at ground level.

Provided free of charge.

Clearly marked as bicycle parking.

Separated from vehicle parking by a physical barrier to minimize the possibility of parked bicycles being hit by a vehicle.

The number of required spaces shall be reduced by 50% for special needs housing developments whose primary occupants are seniors or individuals with physical or mental disabilities.

Signs. One free-standing identity sign per street frontage is permitted pursuant to the Standards in the Table below.

Types of Permitted Freestanding Identity Signs and Associated Standards
Sign Type	Residential (RAR-90, ARH, DMR and PVRA) Districts	Planned Business & Institutional Districts
Monument Sign A one or two-sided sign attached to a pedestal or perimeter wall.
Maximum sign area	16 square feet	32 square feet
Maximum height	5 feet	5 feet
Other dimensional requirements	• The width of the top of the sign structure may be no more than 125% of the width of the pedestal. • If attached to the perimeter wall, the sign may not exceed 75% of the width of the face of the perimeter wall.
Minimum setback from front property line	10 feet	Per district requirements provided adequate site distance is maintained.
Materials	• Monument signs shall be constructed of wood, metal, or masonry. • The use of plastic and other synthetic materials for separate alphanumeric characters or logos is only permitted in Planned Business Districts.
Landscaping	• When a pedestal is used, the area surrounding the pedestal shall be landscaped with ground cover and ornamental plantings.
Illumination	• Internal Illumination is prohibited. • External light sources intended to illuminate the sign must be fully shielded and placed close to, and directed upon, the sign face. • Any light sources intended to illuminate surfaces behind a sign to produce a halo effect must be fully concealed from view.
Yard Sign A two-sided sign that is located on either one or two posts within a front yard.
Maximum sign area	16 square feet	32 square feet
Maximum height	5 feet	5 feet
Maximum width (not including posts)	8 feet
Minimum setback from front property line	10 feet	Per district requirements provided adequate site distance is maintained.
Materials	• Monument signs shall be constructed of wood or metal. • The use of plastic and other synthetic materials for separate alphanumeric characters or logos is only permitted in Planned Business Districts.
Landscaping	• The area surrounding the base of the sign shall be landscaped with ground cover and ornamental plantings.
Illumination	• Internal Illumination is prohibited. • External light sources intended to illuminate the sign must be fully shielded and placed close to, and directed upon, the sign face. • Any light sources intended to illuminate surfaces behind a sign to produce a halo effect must be fully concealed from view.

Housing plan.

Submission of housing plan. Any applicant for a project subject to the requirements of this Section shall submit a Housing Plan as part of the Site Plan or Special Permit application for the development in addition to the submission requirements of Article 12.

Contents of housing plan.

Narrative description of the type of housing proposed. Where a special needs housing project is proposed, the applicant shall document the demand for such housing and how the specific needs of that population will be supported through the proposed design.

Description of how the proposed development conforms to the design standards and guidelines of this Section. Where a proposed design does not meet recommended guideline(s) of this Section, the applicant shall articulate the reasons for deviation and identify the alternative design approach used to meet the intent of the guideline.

Conceptual floor plans and building elevations.

Density calculations, including any requested density bonuses and how the project meets the requirements for awarding of such a bonus; including affordable/workforce housing bonuses authorized by § 190-23.

Additional requirements for multi-family dwelling developments:

Proposed multi-family dwelling unit mix.

Narrative description identifying how the project intends to meet the multi-family unit design requirements of Subsection K. The description shall include minimum specifications for each unit type.

Modifications. Modifications to an approved housing plan may only be approved by the PZC.

Approval considerations. In approving any Site Plan or Special Permit application that is subject to the requirements of this Section, the Commission must make the following findings, in addition to the findings required by § 190-74.

Overall project design. The proposed development complies with all development standards identified in this Section and substantially complies with the intent of the design guidelines.

Adaptability (multi-family dwellings only). The proposed multi-family dwelling units can be easily adapted to accommodate a different target market if needed in the future; and

Multi-Generational Housing (Multi-Family Dwellings Only). The Commission must make one of the following findings:

The Housing Plan sufficiently addresses the design standards and guidelines established in this Section and will result in housing options that meet the needs of all residents, including singles, families, seniors, and students; or

The applicant has established a demonstrated demand for special needs housing and the need for such housing outweighs the need for housing that supports multiple generations. If such a finding is made, the unit mix requirements of Subsection F shall not apply.

Zoning permit requirements. Zoning Permit applications shall include the following in addition to the requirements of § 190-81:

A signed and sealed certification from the architect that all buildings and units that are the subject of the permit comply with the approved Housing Plan.

A signed and sealed certification from the project engineer and landscape architect that the site, stormwater and landscaping plans comply with the plan approved by the PZC. If a plan has been revised, a narrative description of changes shall be provided to determine whether a formal modification is required to pursuant to § 190-74I.

Floorplans including appropriately sized furniture in floorplans to demonstrate compliance with design standards and guidelines.

Detailed plans and specifications demonstrating compliance with bicycle parking requirements.

MOBILE MANUFACTURED HOME PARK

Final Refuse and Recycling Plan.

§ 190-26 Mobile manufactured homes and trailers.

The purpose of these Regulations is to ensure the protection of the health, safety and welfare of the residents of the Town by establishing minimum standards for mobile manufactured homes and other recreational trailers. These Regulations shall apply to all existing mobile manufactured home parks, expansion of those parks, and mobile manufactured homes and recreational trailers used outside of approved mobile home parks.

Definitions. For the purpose of this section, the following words and phrases have the following meanings:

MOBILE HOME SPACE OR LOT

A plot of ground within a mobile home park designed for the accommodation of one mobile home.

MOBILE MANUFACTURED HOME

A manufactured home built in accordance with the Manufactured Home Construction and Safety Standards established by the US Department of Housing and Urban Development capable of being transported in one or more sections on a permanent chassis with a narrowest dimension of not less than 22 feet. A mobile manufactured home shall not include a modular or unitized dwelling placed on permanent foundations, which for the purpose of the Zoning Regulations are considered single-family dwellings.

A plot of ground upon which two or more mobile homes, occupied for residential purposes, are located, and includes all mobile home parks in existence at the adoption of this section.

TRAILER, CONSTRUCTION

A portable, temporary mobile home, trailer, or semi-trailer, used, occupied or intended to be used or occupied for field office or storage purposes on the premises of a bona fide and active construction job.

TRAILER, RECREATIONAL

A recreational trailer shall include a travel trailer, motor home, camper or similar units designed for recreation or other short-term uses. A trailer shall not be construed to mean a mobile manufactured home.

Existing manufactured mobile home parks.

Any mobile home park existing at the time of adoption of this section may be continued at its present location. No new mobile home park shall be established in the Town of Mansfield;

No existing mobile home parks shall be maintained or operated except as provided in accordance with these Regulations;

Minimum standards to be maintained. All existing mobile home parks shall comply with the following standards:

The minimum standards as set forth in the applicable sections of the Public Health Code of the State of Connecticut and Chapter 412 of the Connecticut General Statutes;

Existing parks shall also maintain the standards set forth in Subsection C(7) herein for road maintenance, water supply, recreation area and refuse disposal;

Each mobile home shall also be connected to a public sewer or be provided with a sewage connection to a subsurface disposal system which meets all applicable state and local regulations;

All replacement mobile manufactured homes and all related porches, decks and awnings, and all accessory storage sheds within the original portions of mobile manufactured home parks (as compared to expansion areas approved since 1976) shall comply with the following setback requirements (per § 190-81 Zoning Permit approval is required.)

Replacement units, including carports, porches, decks and awnings, and all accessory storage sheds, shall be located:

At least 10 feet from the edge of the travel surface of interior roads or no closer than the owner can demonstrate existed in 1976;

At least 10 feet from any designated mobile manufactured home space lines.

At least 20 feet from any portion of another mobile manufactured home unit, or no closer than the owner can demonstrate existed in 1976;

Upon application through the modification procedures of § 190-86, the Planning and Zoning Commission shall have the right to reduce these setbacks for replacement mobile manufactured homes (this modification process shall not apply to carports, porches, decks and awnings or accessory storage sheds), provided the applicant clearly demonstrates that:

The reduction is necessary to locate a replacement unit of minimum standard width;

There is no increase in the number of bedrooms;

There is no interference with septic systems or other site utilities;

[d]

No emergency access problems are created; and

[e]

All applicable fire safety codes, health codes and building codes shall be met.

All replacement mobile manufactured homes, including carports, porches, decks and awnings, and all accessory storage sheds, in expanded areas of mobile manufactured home parks approved since 1976 shall meet the setback requirements of § 190-18.

All replacement mobile manufactured homes and all related porches, decks and awnings, and all accessory storage sheds shall comply with all of the following requirements. (As per § 190-81, Zoning Permit approval is required).

Replacement units, including carports, porches, decks and awnings, and all accessory storage sheds, shall be located at least 20 feet from the edge of the travel surface of interior roads;

Replacement units, including carports, porches, decks and awnings, and all accessory storage sheds shall be located at least 10 feet from any designated mobile manufactured home space lines and 20 feet from any portion of another mobile manufactured home unit;

All replacement mobile manufactured homes, including carports, porches, decks and awnings, and all accessory storage sheds in expanded areas of mobile manufactured home parks approved since 1976, shall meet the site requirements of § 190-18;

The subject site shall have a minimum area of 6,500 square feet that does not include visible ledge, slopes exceeding 10%, or any watercourse, waterbodies or inland wetland soils as depicted on the Mansfield Inland Wetlands and Watercourses Map as may be modified by on-site inspection and testing. The subject 6,500 square feet area shall be uniformly shaped, with a minimum dimension (width, depth, etc.) of 50 feet. As deemed necessary by the Zoning Agent, on-site testing and field-generated topographical surveys conducted by the property-owner or his agents may be necessary to determine compliance with this usable area requirement;

The subject replacement unit shall have no more bedrooms than the previous unit on the subject site;

The subject site shall have adequate area for a septic system and, as applicable, an on-site well. The location of the septic system, including tank and leaching area, and well, as applicable, shall be depicted on the submitted plot plan. The septic system shall not be located under the mobile manufactured home. No Zoning Permit shall be issued until the subject sanitary systems have been approved by the Mansfield Health Officer;

The subject site shall have a minimum of 400 square feet of area designed for two off-street parking spaces;

The subject replacement unit shall have a pitched roof design and shall include foundation skirting;

[9]

The subject replacement unit shall have a maximum size of 26.5 feet by 48 feet, excluding roof overhangs. No storage building shall be larger than 144 square feet in size;

[10]

The cumulative lot coverage of the subject mobile manufactured home and all related porches, decks, storage sheds and parking area shall not exceed 30% of the usable area of the subject site as defined in Subsection B(3)(f)[4] above;

[11]

No emergency access problems are created and all applicable fire safety codes, health codes and building codes shall be met;

[12]

All replacement units or accessory site improvements or sitework may be subject to permit requirements of the Inland Wetland Agency.

Due to the specific nature of these standards for replacement units, the above requirements shall not be varied by the Zoning Board of Appeals.

Upon written application by a park owner, the Zoning Enforcement Officer may permit the temporary storage of mobile manufactured homes in a mobile home park for a period of up to 30 days. Said storage is intended to assist mobile home park residents in the process of relocation. Storage is subject to the following:

Storage is limited to two mobile manufactured homes at a park at any one time.

Mobile manufactured homes stored shall not be occupied as a dwelling and no sanitary or water hook-ups will be permitted.

Mobile manufactured homes stored shall not be used for advertising or display purposes.

The specific area on which the mobile manufactured homes are to be stored shall be so described in the application and approved by the Zoning Enforcement Officer. In no case shall any recreation area be used for storage purposes.

An additional two thirty-day periods may be permitted by obtaining a permit from the Zoning Enforcement Officer. This Section shall also apply to any park expanded pursuant to these Regulations.

Expansion of existing mobile home parks. Expansion of existing mobile home parks is permitted only in accordance with this Section.

Special permit required. A special permit is required for the expansion of existing mobile home parks. A Public Hearing shall be held by the Planning and Zoning Commission before any such permit issued, and such permits shall be issued only in accordance with the standards and procedures set forth in this Section.

Requirements for special permit:

The application for such special permit shall include a site plan prepared by a registered land surveyor, or registered professional engineer. Said site plan shall show all applicable site requirements as outlined in Subsection C(7) herein and shall cover the area proposed for expansion and also show all required improvements to the existing park. The plan shall be drawn to a scale of one inch equals 40 feet or less, and shall include, as a minimum, the following:

Boundaries and area of mobile home park;

Names of adjacent property owners and existing zoning;

Location of all buildings, roads and property lines on the mobile home park parcel and adjacent parcels within 100 feet of the park area, both existing and proposed;

[d]

Location, size and number of existing and proposed mobile home lots;

[e]

Topography, showing existing and proposed grades, with two-foot contour interval;

[f]

Location, width and surface of all existing and proposed mobile home lots;

[g]

All required setback lines, shown as dashed lines;

[h]

Location and size of all existing and proposed storm drainage facilities, sanitary sewers and disposal facilities, septic system area (shown as dotted lines and labeled) and water lines;

[i]

Plans and profiles of all proposed roads, storm drainage facilities, sanitary sewers and water lines, at a vertical scale of one inch equals four feet;

[j]

Location and plans for any buildings to be constructed in the park;

[k]

Landscaping and buffer strips;

[l]

Location of all adjacent flood hazard areas.

All park development and construction shall be in accordance with an approved site plan and no change may be made to an approved plan without the approval of the Commission.

Evidence to be presented for special permit. The applicant for such special permit must present to the Commission evidence of the following:

The proposed use will not be detrimental to the welfare of the Town;

The impact on surrounding property values;

Traffic circulation in the general neighborhood of the proposed use, including evidence of circulation and loads on existing streets in close proximity to the proposed use;

Availability of water to the site, and provisions for adequate disposal of sewage and storm water;

Safeguards to protect adjacent property in the neighborhood in general;

Notification of property-owners within 500 feet of all boundaries;

Complete conformance with the requirements of § 190-74.

Findings required. Before granting a special permit pursuant to this Section, the Commission shall make special findings that the proposed use as described and presented by the applicant:

Is appropriately located with respect to transportation, water supply, waste disposal, fire and public protection and other public facilities;

Will not cause undue traffic congestion or create a traffic hazard;

Will not otherwise impair the public health, safety, convenience, or other aspects of the general welfare of the Town;

Will comply with all other Regulations applicable to such use;

Will be consistent with the general intent and purpose of these Regulations;

Is in conformance with the requirements of § 190-74.

Is consistent with the provisions of C.G.S. 8-2(d)(3).

Scope of expansion. An existing mobile home park may be expanded after issuance of a special permit in the following manner:

Mobile home parks with a recorded number (as of the date of adoption of this section) of 100 units or more may expand by 50% of that recorded number.

Mobile home parks with a recorded number (as of the date of the adoption of this section) of less than 100 units may expand by a maximum of 50 units.

General requirements - park expansion.

The recorded number shall be determined by using that number of units stated on the last mobile home park permit issued prior to application for expansion.

Expansion of existing parks shall be permitted only in strict conformity with the standards and procedures of this Section. All such expansion shall be on portions of the mobile home park lot that existed when the park was established or subsequently authorized by the Planning and Zoning Commission.

Additional requirements. As a condition to the approval of said permit, the Commission may require that certain improvements be made to the existing park area that would upgrade such items as, but not limited to, water supply, sewage disposal, road pavement, street lighting, grading and drainage, and appropriate screening, so as to comply with the standards as set forth in this Section, and that would benefit the public health and safety.

Site requirements. No application for a special permit under this Section shall be approved unless it is in conformity with the following site requirements:

Density. The density of the area of a mobile home park proposed for expansion shall be such as to prevent overcrowding and to provide light, ventilation and open areas for each mobile home. Each mobile home lot shall contain a minimum of 9,000 square feet with an overall density not exceeding four units per acre. Where soil or topographic conditions warrant, the Commission may require larger permanent markers showing the lot number corresponding to the approved site plan. No lot shall have less than 75 feet frontage on a roadway.

Yard and setback requirements.

Setback from public streets: 50 feet. The Commission shall require that a natural or landscape buffer or screen of at least 35 feet and up to 50 feet be provided and maintained on all boundaries of the park as well as from public streets. This buffer may be included as part of any setback requirements.

Setback from adjoining property line: 50 feet. See Subsection C(7)(b)[1] above.

Minimum side and end clearance between adjacent mobile homes: 40 feet.

Minimum front yard setback from interior road pavement: 20 feet.

Roads. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets to each mobile home:

All park roads shall be well-drained, paved, and maintained in good condition.

Interior roadways within the parks shall be paved to a minimum width of 20 feet. Pavement specifications shall be as required by the Commission or its designated agent.

All park roads shall not exceed a grade of 8%.

Road names shall be subject to the approval of the Commission.

Parking. At least two off-road designated parking spaces shall be provided for each unit and shall not be more than 200 feet from the mobile home that they are intended to serve. Group or general areas shall be screened by suitable landscaping or fencing.

Lighting. All roads and common areas within the park shall be adequately lighted and specifications shall be approved by the Commission.

Grading and drainage. The parks shall be located on-site, graded to ensure drainage of surface water, subsurface water, and shall be free from stagnant pools.

Provisions shall be made to dispose of surface water which now drains naturally into the park from adjoining properties, with proper allowance for the increased flow due to future development.

A complete storm drainage system shall be maintained, including headwalls, dry wells, piping, catch basins, and manholes with outfall to natural watercourse or existing storm drainage system.

Sewage disposal. Each mobile home shall be connected to a public sewer or be provided with a sewage disposal system, which conforms to the regulations of the Public Health Code of the State of Connecticut.

Water supply. A water supply of sanitary quality shall be provided in sufficient quantity to meet all requirements of the maximum number of persons residing in the mobile home park at any time. Whenever water is supplied from a well source, approval by the State Health Department in accordance with the Public Health Code and General Statutes is required.

Health Department approval. The method of refuse disposal utilized in connection with the operation of a mobile home park shall be approved by the Health Department. Before issuance of any permit, a statement from the Health Department confirming that all applicable health and sanitary requirements are being met shall be provided.

Recreation area. Suitable outdoor recreation area shall be provided and maintained and shall be designated on the site plan for the proposed development.

(k)

Foundation and skirting.

All mobile homes shall be provided with an adequate foundation for the placement of a mobile home. Foundations shall be of such construction as to prevent heaving, shifting, or settling due to frost action.

All mobile homes shall be equipped with skirting, screening, or other type of enclosure.

Bond requirements. Any required bonding shall be in accordance with the provisions of § 190-76 of these Regulations.

Mobile manufactured homes on individual lots. Mobile Manufactured Homes as defined herein shall be allowed on individual lots in accordance with C.G.S. 8-2(d)(3) provided all the requirements of § 190-18 have been met.

§ 190-27 Special provisions for the Age-Restricted Housing (ARH) Zone.

The zoning district has been established:

To increase the types of available housing with emphasis on common interest communities that would primarily serve residents who are age 55 years or older.

To provide landowners with a land use option on suitably-located land with necessary utilities, access, and other important attributes.

To create high-quality developments capable of sustaining long-term value.

To promote project designs that enhance and protect open spaces, natural resources, natural features and other elements of the town's rural pattern of development.

To achieve the goals and objectives of the town's Plan of Conservation and Development.

General. The uses listed below are permitted in the Age-Restricted Housing zones, provided the site is developed and retained under single or common interest ownership; special permit approval is obtained in accordance with the provisions of § 190-74 and provided all other applicable provisions of these Regulations are met:

One-family, two-family and multi-family dwellings wherein each dwelling unit shall be restricted to:

At least one individual who is age 55 years or older.

A spouse or other occupant who must be age 18 or older. The under-18 age restriction shall be modified to incorporate, as part of special permit-required community governance documents, exception provisions to address unanticipated circumstances that arise after the initial occupancy of a subject unit.

Any occupant pursuant to Subsection B(1)(b) above who has survived the individual in Subsection B(1)(a) above.

Any occupant pursuant to Subsection B(1)(b) above where the individual in Subsection B(1)(a) above has entered into a long-term continuing care facility.

One child 18 years or older may reside with his or her parent(s) [see provisions of Subsection B(1)(b) above].

Water and sewer facilities. All proposed developments in the ARH zone must be served by public water and sewer infrastructure pursuant to the requirements established in § 190-25D.

Density requirements. All residential developments in an ARH district shall meet the density requirements established for multi-family dwellings in § 190-25E.

Location. No site location for multi-family residences shall be approved unless it is on an arterial or collector street as set forth in these Zoning Regulations.

Open space/recreational facilities. All residential developments shall provide appropriate open space and recreation facilities as determined by the Commission pursuant to the community amenity provisions of § 190-25.

One-family and two-family dwellings.

The maximum residential density for one-family and two-family dwellings shall be the same as authorized in § 190-25 for multi-family dwellings in the ARH District.

Minimum lot size: 5,000 square feet.

Minimum lot frontage: 50 feet.

Minimum front setback: 60 feet for lots fronting on existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.

Minimum side setback: 35 feet abutting properties zoned RAR-90 or R-90; 10 feet.

Minimum rear setback: 60 feet for lots backing up to existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.

Maximum building height: 2 1/2 stories; provided:

Stories shall be a minimum of nine feet and a maximum of 12 feet as measured between the floor of a story to the floor of the story above it.

Half stories shall be calculated as the space under a sloping roof where the line of intersection of roof decking and exterior wall face is no more than five feet above the top floor level.

When a lot slopes downward from the front lot line, an additional story may be permitted on the lower rear portion of the building. See § 190-19H.

Garages. Garages shall be located at least 10 feet behind the front plane of the house. Rear alley access is encouraged.

§ 190-28 Special provisions for the Design Multiple Residence (DMR) Zone.

General.

Sites must be developed and retained under single or common interest ownership.

Child day-care center as defined by state statutes, provided the facility is not a dwelling unit.

[Amended 12-18-2023, effective 1-12-2024]

Water and sewer facilities. All proposed developments in the DMR Zone must be served by public water and sewer infrastructure pursuant to the requirements established in § 190-25D.

Density requirements. All residential developments in a DMR district shall meet the density requirements established for multi-family dwellings in § 190-25E.

Location. No site location for multi-family residences shall be approved unless it is on an arterial or collector street as set forth in these Zoning Regulations.

One-family and two-family dwellings.

The maximum residential density for one-family and two-family dwellings shall be the same as authorized in § 190-25 for multi-family dwellings in the DMR District.

Minimum lot size: 5,000 square feet.

Minimum lot frontage: 50 feet.

Minimum front setback: 60 feet for lots fronting on existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.

Minimum side setback: 35 feet abutting properties zoned RAR-90 or R-90; 10 feet.

Minimum rear setback: 60 feet for lots backing up to existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.

Maximum building height: 2 1/2 stories; provided:

Stories shall be a minimum of nine feet and a maximum of 12 feet as measured between the floor of a story to the floor of the story above it.

Half stories shall be calculated as the space under a sloping roof where the line of intersection of roof decking and exterior wall face is no more than five feet above the top floor level.

When a lot slopes downward from the front lot line, an additional story may be permitted on the lower rear portion of the building. See § 190-19H.

Garages. Garages shall be located at least 10 feet behind the front plane of the house. Rear alley access is encouraged.

§ 190-29 Special provisions for the Pleasant Valley Residence/Agriculture (PVRA) Zone.

Intent. The PVRA has been established with special provisions for a distinct area of Mansfield located south of Pleasant Valley Road and west of Mansfield City Road. This area has been zoned for decades for industrial, commercial and/or residential use, but has remained primarily agricultural. The area is no longer considered appropriate for industrial and non-agricultural commercial use due to special agricultural, floodplain, wetland, and aquifer characteristics that warrant protection and preservation, site visibility and scenic character, neighboring agricultural and residential uses and other Plan of Conservation and Development goals, objectives and recommendations. Due primarily to the fact that this area is one of a very limited number in Mansfield that have access to public sewer and water systems, medium to high density multi-family housing is considered an appropriate use for portions of this district, but only if designed, constructed, and utilized in a manner compatible with other Plan of Conservation and Development recommendations and neighborhood land uses. Accordingly, the PVRA zone is subject to special provisions designed to preserve significant areas of prime agricultural land, to protect important natural and scenic resources, to provide for affordable housing, and to address other important regulatory objectives.

General. The uses allowed in the zone per the use table above and associated site improvements are permitted in the PVRA zone, provided:

Any special requirements associated with a particular use are met;

Except as noted below, all uses permitted in the PVRA zone shall be served by adequate public sewer and water supply systems. On a case-by-case basis the Planning and Zoning Commission shall have the right to authorize the use of on-site sanitary waste disposal and/or water supply systems for permitted agricultural uses provided it is documented to the Commission's satisfaction that there is a low risk of aquifer contamination or other health, safety or environmental problems.

Applicable provisions of § 190-56 (Design Development Districts) and § 190-75 (Performance Standards) are met; and

With the exception of the uses in § 190-17 listed as permitted, all special use permits must comply with § 190-74.

Water and sewer facilities. All developments in the PVRA zone must be served by public water and sewer infrastructure pursuant to the requirements established in § 190-25D.

Agricultural land preservation requirements.

Pursuant to the Plan of Conservation and Development recommendations, the Commission shall have the authority to require up to 35% of the prime agricultural acreage on a subject property to be permanently preserved for agricultural use. This agricultural dedication provision may be addressed prior to any development, in association with an initial development phase or incrementally, over a series of phases or developments. However, in applying this provision, cumulatively no more than 40% of the prime agriculture acreage of a property in existence at the time this regulation is adopted shall be required to be permanently preserved for agricultural use.

As utilized in this provision, prime agricultural acreage shall be those areas that have been cultivated or otherwise used for agricultural purposes and/or those areas with soils that are classified as "prime agricultural" by the Natural Resources Conservation Service. The Commission shall have final approval of the location of the agricultural acreage to be preserved. All property owners and prospective developers are encouraged to work with the Commission to identify an appropriate location(s) for preserved agricultural land, including other land in the Pleasant Valley area under the control of the applicant.

In identifying agricultural land for preservation, the Applicant and Commission shall consider whether:

The land will retain agricultural value;

The agricultural use of the land would complement existing and proposed land uses;

The agricultural use of the land would enhance adjacent and nearby agricultural land; and

The agricultural use of the land would conflict with existing and planned uses on adjacent properties.

Based on information reviewed prior to the adoption of this regulation, the following area should be considered a priority for agricultural land preservation:

Land immediately south of Pleasant Valley Road between Mansfield City Road and the Flood Hazard Zone containing Conantville Brook.

To ensure the permanent preservation of designated agricultural land, conservation easements, approved by the Commission, shall be filed on the Land Records. While not required, the Commission shall have the authority to recommend and facilitate the transfer of agricultural land to the Town of Mansfield or an acceptable organization dedicated to agricultural preservation. Agricultural easement areas shall be monumented with iron pins and Town Conservations easement markers shall be placed every 50 to 100 feet around the perimeter boundary of the easement area. The Town Markers shall be placed on trees, fences, four inch cedar posts or other structures acceptable to the Commission.

Residential developments.

Single-family and two-family dwellings.

The maximum residential density for single-family and two-family dwellings shall be the same as authorized in § 190-25 for multi-family dwellings in the PVRA District.

Minimum lot size: 5,000 square feet.

Minimum lot frontage: 50 feet.

Minimum front setback: 60 feet for lots fronting on Pleasant Valley Road and Mansfield City Road; 25 feet all other lots.

Minimum side setback: 10 feet.

Minimum rear setback: 60 feet for lots backing up to Pleasant Valley Road and Mansfield City Road; 25 feet all other lots.

Maximum building height: 2 1/2 stories; provided:

Stories shall be a minimum of nine feet and a maximum of 12 feet as measured between the floor of a story to the floor of the story above it.

Half stories shall be calculated as the space under a sloping roof where the line of intersection of roof decking and exterior wall face is no more than five feet above the top floor level.

When a lot slopes downward from the front lot line, an additional story may be permitted on the lower rear portion of the building. See § 190-19H.

Garages. Garages shall be located at least 10 feet behind the front plane of the house. Rear alley access is encouraged.

Multi-family residential developments in the PVRA zone shall comply with the requirements of § 190-25.

Student housing restrictions. Housing designed primarily for student occupancy shall not be authorized in this district due to potential neighborhood compatibility issues.

Age restricted housing. Due to the proximity of commercial and health care services in southern Mansfield and the adjacent Town of Windham and due to the physical characteristics of the Pleasant Valley Residence Agriculture Zone, Age Restricted Housing developments are specifically encouraged and allowed within this district.

Open space/recreation facilities. The open space and community amenity requirements of § 190-25 and the Subdivision Regulations may be satisfied through the preservation of agricultural land pursuant to Subsection D above (Agricultural Land Preservation Requirements). If the area preserved for agricultural use meets or exceeds the minimum open space requirement per dwelling unit, no additional open space or recreational facilities shall be required other than the open space provided through building separation and site landscaping.

PVRA design criteria. To promote the retention and enhancement of the agricultural and scenic pattern of development of the Pleasant Valley Residence Agriculture Zone, all new developments shall be designed to preserve and, as appropriate, enhance existing views and vistas from adjacent and nearby roadways and neighboring properties. Developments consisting of more than one structure shall exhibit a high degree of coordination in site planning, architectural design, site design and site detailing. All physical components shall be designed to complement an overall plan. In addition to addressing all applicable provisions of the Architectural and Design Standards contained in § 190-77 of these regulations, all development shall address the following design criteria:

In the event the area zoned Pleasant Valley Residence Agriculture situated south of Pleasant Valley Road is developed in more than one phase or by more than one developer, all design components (including site layout, building layout and building design, and landscaping, lighting and other site improvements) shall be compatible and designed to complement an overall plan. To help ensure compliance with this requirement, the Commission shall have the authority to require the submission of a conceptual master plan when a proposed development would result in the division or resubdivision of a tract or parcel of land existing at the time these regulations were adopted into three or more parts or lots for the purpose, whether immediate or future, of sale or building development, excluding development for municipal, conservation or agricultural purposes. When required, the conceptual master plan shall be submitted in association with a pending special permit or subdivision application and shall include:

Areas under common ownership at the time these regulations were adopted. If the application includes a resubdivision as described above, the plan shall address how the proposed development will be compatible with development on the lot previously divided;

Depiction of future parcels, buildings, roadways/driveways, walkways, service areas, public sewer and water lines, storm water facilities, agricultural preservation areas and other site development components; and

Associated design guidelines for the entire area.

The Commission shall have the right to approve conditions regulating the development of future phases and ensuring that this provision has been addressed.

All new buildings and structures and all associated parking, loading and waste disposal or storage areas shall be located a minimum of 200 feet from Pleasant Valley Road and appropriately screened. The Commission shall have the right to reduce this locational requirement based on individual site characteristics, the specific proposed use and the specific development design. This locational requirement is designed to help preserve existing agricultural land immediately south of Pleasant Valley Road (see Subsection D above) and to minimize incompatible visual impacts, particularly from Pleasant Valley Road, Mansfield City Road north of Pleasant Valley Road and from Stearns Road.

New buildings shall be designed to minimize mass by utilizing smaller visual components through the use of projections, recesses, varied facade treatments, varied roof lines and pitches, and where appropriate, variations in building materials and colors;

Site specific landscape and lighting plans shall be designed by qualified professionals and implemented to reduce visual impact, minimize light spill (undesirable light that falls outside the area of intended illumination) and promote compatibility with neighboring agricultural and residential uses.

§ 190-30 Special provisions for the South Eagleville Road Housing Opportunity (SER-HO) Zone.

Intent. The SER-HO Zone is intended to increase economic diversity of housing types in Mansfield by allowing small, well- designed and landscaped multi-family development, located on an arterial road with availability of transit service and public infrastructure and located within walking distance of downtown Storrs, playgrounds and a conservation area.

Eligibility. To be eligible for rezoning to the SER-HO Zone, a parcel or parcels to be merged must have no less than 300 feet of frontage on South Eagleville Road and be within a 1,000 foot radius of the intersection of Maple Road and South Eagleville Road. Any application for a zoning map amendment shall be accompanied by a site plan application in accordance with § 190-73.

Water and sewer facilities.

All proposed developments in the SER-HO Zone must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Zoning Compliance shall not be issued until the site is connected to public water and sewer facilities.

For the purposes of this requirement, community well water supply systems authorized, constructed and operated pursuant to the Connecticut Department of Public Health regulations are considered public water facilities.

Density requirements. Residential density of up to 15 dwellings units per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of 15% or more, provided the total number of bedrooms per acre does not exceed 30. No density bonuses authorized in other sections of these Zoning Regulations shall be allowed in the SER-HO Zone.

Building height. No building shall exceed three stories or a height of 45 feet.

Setbacks and coverage requirements. The following setbacks and coverage requirements shall apply except as set forth in Subsections F(1) through (4) below: through minimum front setback, 25 feet; minimum side setback, five feet; minimum rear setback, five feet; maximum building ground coverage, 20%.

If the site abuts a parcel with an existing single family home, a two family home or a vacant parcel that is zoned RAR-90 or R-90, the yard adjacent to such parcel shall meet the following requirement, as applicable: minimum front setback, 40 feet; minimum side setback, 50 feet; minimum rear setback, 50 feet;

If the site does not abut an existing single family home, a two family home or a vacant parcel that is zoned RAR-90 or R-90, storage sheds of not more than 40 square feet in area and 15 feet in height may be placed at the side or rear property line, provided that any such shed located closer than 10 feet to a side or rear property line may be required, at the discretion of the Zoning Agent, to provide a surveyor's certification as to such shed's location to ensure it does not encroach onto adjoining property;

If the adjacent property owner provides a construction and maintenance easement, the applicable side or rear setback may be reduced by three feet; and

Porches and stairs may extend up to three feet into the required setback.

Standards and regulations for household income and sale/resale price limitations. A development in the SER-HO Zone shall be either a "set aside development" or "assisted housing" in compliance with Connecticut General Statutes § 8-30g.

Affordable apartment home requirements. The purpose of the SER-HO Zone is to facilitate a residential community containing household income/price-restricted dwellings that comply with Connecticut General Statutes § 8-30g. An Affordability Plan shall address, at a minimum, the items in this Subsection H. The following requirements shall apply:

The location, design and features of affordable apartment homes shall comply with § 190-23F. The Affordability Plan shall identify the number and affordability levels of the affordable apartment homes within the community. In the event a tenant who occupies an affordable apartment home becomes ineligible due to an increase in income, the next available apartment in the development would become an affordable apartment home.

Calculation of the maximum monthly payment for affordable apartment homes, so as to satisfy Connecticut General Statutes § 8-30g, shall utilize the median income data as published by the U.S. Department of Housing and Urban Development in effect on the day a lease is executed.

The maximum monthly payment that the owner of an affordable apartment home shall pay shall not be greater than the amount that will preserve such unit as defined in Connecticut General Statutes § 8-30g.

An affordable apartment home shall be occupied only as a principal residence. Sub-leasing of affordable apartment homes shall be prohibited.

Notice of availability of the apartment homes shall be provided through the procedures outlined in the affirmative fair housing marketing plan set forth in the Affordability Plan.

Each lease for an affordable apartment home will contain substantially the following provision:

"This apartment home is an affordable housing unit and is therefore subject to a limitation at the date of leasing and occupancy on the maximum annual income of the household that may occupy the apartment home, and is subject to a limitation on the maximum monthly rent. These limitations shall be strictly enforced."

The 40 year affordability period shall be calculated separately for each affordable apartment home in the SER-HO Zone, and the period shall begin on the date, as stated in the lease, of occupancy of the affordable apartment home. The designation of an affordable unit may change over time due to an affordability tenant becoming ineligible.

A temporary lapse in compliance with affordability requirements shall not result in a forfeiture or reversion of title, but the Mansfield Planning and Zoning Commission or its designated agent shall otherwise retain all enforcement powers granted by the Connecticut General Statutes, including the authority under Connecticut General Statutes § 8-12 to issue notices of violation, to impose fines, and to seek injunctive relief.

The Affordability Plan shall comply with the provisions of § 190-23H(2), except that a market study as set forth in § 190-23H(2)(c)[3] shall not be required.

Parking.

In the SER-HO Zone, all parking spaces shall have a minimum width of nine feet and a minimum length of 18 feet.

In the SER-HO Zone, the required number of parking spaces shall be one per each dwelling unit. Developments in the SER-HO Zone are not eligible for the parking reduction authorized in § 190-78G(3).

Landscaping.

The SER-HO Zone shall be exempt from the § 190-78T requirement that any new parking area that contains spaces for 10 or more cars shall include landscape areas within vehicle use areas so long as such parking areas include a single traffic aisle (of one or two directions) and native or adapted landscaping, other than turf, is provided adjacent to at least 50% of the perimeter of such parking area including associated walkways.

Multi-family developments in the SER-HO district are encouraged to follow the provisions of § 190-25 related to unit mix, site layout and design; community amenities, building design, unit design, bicycle parking, and recycling/solid waste disposal.

Conflicts. Where any provision relating to the SER-HO Zone conflicts with any other provisions of the Mansfield Zoning Regulations, the provisions relating to the SER-HO Zone shall govern.

Submission requirements.

An applicant seeking approval of a site plan for an SER-HO Zone development shall submit all information required by § 190-56 of these Regulations.

The applicant shall also submit an Affordability Plan explaining how household income and rental price limits will be calculated and administered, and how the development will comply with Connecticut General Statutes § 8-30g.

§ 190-31 Middle housing. (Reserved)

§ 190-32 Small lot zoning. (Reserved)

§ 190-33 Multi-family housing. (Reserved)

§ 190-34 Residential zones application procedures.

Site plan requirements.

Intent.

As required in other sections of these Zoning Regulations, the approval of a site plan may be necessary for new construction, including expansion; site modifications; new uses and changes in use. The following site plan requirements are designed to ensure the appropriate and orderly use and development of land within Mansfield's assorted Zoning Districts; to minimize any detrimental effects on the established development patterns of the surrounding area, the natural environment and property values; and to protect and promote Mansfield's health, welfare and safety.

For all projects involving new construction, the Architectural and Design Standards contained in § 190-77 shall be utilized as determinants to organize a site layout and to develop the composition and character of new buildings and site improvements. The use of these standards will facilitate Mansfield's application review and approval processes.

Procedure.

Prior to the issuance of a zoning permit for any use which requires site plan approval, an application with accompanying information shall be submitted to the Planning and Zoning Commission for its review.

Applications shall only be received at a regular meeting of the Commission. Applications should be filed in the Mansfield Planning Office at least seven days prior to a regular meeting for analysis and placement on the agenda. If an application involves activities within regulated areas, as defined by the Mansfield Inland Wetland Agency (IWA), the application shall not be received unless a license application for said activities has been received by the IWA and is currently under IWA review; or unless a license for said activities has been approved by the IWA; or unless the proposed activities have been ruled by the IWA to be exempt from licensing requirements. Once an application has been received as complete, the Planning and Zoning Commission shall conduct its review and, within statutory time limitations, approve, approve subject to modification or deny the site plan application. As appropriate, neighboring municipalities shall be notified as per the provisions of the State Statutes and § 190-83. As deemed appropriate, the Commission may conduct a Public Hearing on the application. No new information shall be received from the applicant or the public after the close of the Public Hearing. The Commission shall cite reasons for its action. Upon receipt of a site plan application, the Commission may refer the plan to local staff members, including but not limited to the Health and Public Works Departments, the Commission's appointed Design Review Panel, and other local, State or Federal agencies. Final action shall be based on the application as originally received unless the Planning and Zoning Commission agrees to accept revised information.

All potential site plan applicants are encouraged to arrange with the Director of Planning and Development a pre-application conference to discuss application requirements and procedures. Such a meeting will help identify potential problem areas and expedite the application review process. Whenever a proposed site plan application involves inland wetlands and watercourses and/or areas within 150 feet of inland wetlands or watercourses, the approval of the Mansfield Inland Wetland Agency may be necessary. The applicant shall be responsible for contacting the Inland Wetland Agency and any necessary Inland Wetland approvals should be obtained prior to final action of the Planning and Zoning Commission. As appropriate Inland Wetland Agency requirements shall be incorporated into the site plan application.

Application requirements. It is recommended that the Director of Planning and Development be contacted for assistance in determining what information may be required for a specific site plan application. Unless waived as per the provisions of § 190-16, the following information shall be required for site plan applications:

A completed application form including fee payment. Said application must be signed by the owner of the subject property or by an individual with a legally binding contract to purchase the subject property.

Statement of use. A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of these regulations. Said statement shall also address Mansfield Inland Wetland Agency (IWA) requirements by stating whether proposed activities are under the jurisdiction of the IWA and by relating the current status of any IWA license application. No application involving proposed activities within regulated areas, as defined by the IWA, shall be received unless the IWA has authorized the activities or unless the IWA has received and is processing a license application for proposed activities in regulated areas. (Any questions regarding IWA requirements should be reviewed with the Mansfield Inland Wetlands Agent.)

Notification of abutting property owners. The applicant shall be responsible for notifying all property owners abutting the site of a proposed use or activity requiring site plan approval, including property owners across the street from a subject site (as measured at right angles to straight street lines and radial to curved street lines). Said notification, which shall be sent by Certificate of Mailing, within seven days of the Commission's receipt of the application, shall include the applicant's Statement of Use and mapping that depicts areas of proposed activity. The notice also shall reference the fact that the complete application is available for review in the Mansfield Planning Office. Notification forms available in the Mansfield Planning Office shall be utilized for notifying abutting property owners.

Site plan. Five copies* of a site plan drawn to a scale of not less than one inch equals 20 feet or more than one inch equals 40 feet, appropriately signed and sealed by a professional engineer and/or land surveyor and/or landscape architect licensed in the State of Connecticut. The site plan, which shall incorporate all applicable architectural and design standards of § 190-77, shall include the following information, unless waived pursuant to Subsection A(7) of this section (*additional copies may be required):

A title block showing the property owner, the applicant, the scale and the drawing date, including all revision dates;

The original signature and seal of the professional engineer and/or land surveyor responsible for the submissions. Unless waived by the Commission, all survey data shall be to an A-2 standard. Waivers shall not be granted for applications involving new principal buildings or major additions or for applications where A-2 survey data is required to verify compliance with these Regulations.

Plans shall be signed and sealed by a landscape architect licensed by the State of Connecticut whenever:

The application involves the construction of multi-family residential, commercial, industrial or other non-residential structures exceeding a size of 1,000 square feet of gross floor area; or

The Commission determines that a landscape architect's participation in preparing the plans is necessary to address the application requirements and approval criteria of these regulations.

A location map at a scale of one inch equals 1,000 feet showing surrounding properties within 500 feet of the subject site; identifying adjacent property in the same ownership or in control of the applicant; and including roads, watercourses, zoning district boundaries and any other physical features within 3,000 feet of the subject site which relate to the proposed site development. (Dependent on the nature of the proposal, a separate map at a more detailed scale may be required.)

The property lines and square footage of the subject lot(s); appropriate yard or setback requirements, north arrow and zone classifications(s)

Both sides of adjacent streets; existing utility poles and/or underground lines; stone walls, fences and other pertinent roadside features.

Names and addresses of all abutting property owners, including those across any street, as determined from the current Assessor's records.

Location and size of existing and proposed buildings, structures, and signs and including floor elevations of buildings. As possible, buildings on adjacent land that might be affected by the proposal should be shown.

[9]

Existing and proposed contours with intervals adequate to indicate drainage and grades and including topographic bench marks and the source of topographic information. Contour intervals shall not exceed five feet and dependent on the nature of the proposal, spot elevations and two-foot contour intervals obtained from on-site survey may be required, particularly in areas to be regraded. An estimate of the amount of fill or the amount of material to be removed shall be noted on the plan.

[10]

Watercourses, swamps and other water related features, specifically including, regulated inland wetlands, flood hazard areas, state designated channel encroachment lines and identified aquifers on the site or within 500 feet of the site. For more information on flood hazard areas see Article 10.

[11]

Exposed ledge and areas shallow to bedrock. Depending on the nature of the proposal, an on-site soil survey by a registered soil scientist may be required.

[12]

Waste disposal and water supply facilities, including the locations and findings of all test pits, borings and percolation tests, and the location of public drinking water wells within 500 feet of the site.

[13]

Existing and proposed drainage ways, storm drainage facilities, roadways, bridges, sidewalks, bikeways, paths and trails, utility features including existing and proposed underground utility lines and any other drainage or circulation features. Construction details, existing and proposed easements, rights to drain, and proposed sediment and erosion control measures shall be shown on the site plan.

[14]

Existing and proposed off-street parking and loading areas, fire access lanes, outside storage and refuse areas, and underground and aboveground fuel and chemical storage tanks. All required parking spaces, loading areas, fire lanes, etc. shall be clearly delineated with pavement markings or other suitable measures. All refuse areas shall be adequately sized for both refuse and materials to be recycled and shall be screened to minimize visual impact.

[15]

Existing and proposed fencing, walls, screening, buffer and landscaped areas, including the location, size and type of significant existing vegetation and unique or special landscape elements; historic features including but not limited to old foundations, dams, sluiceways, mill races, rip-rapping, wells and other utility features, walks, paths, hitching posts and former gardens, arbors or enclosed areas; and the location, size and type of proposed trees and/or shrubs. Plants identified in the current State Department of Environmental Protection Agency listing of invasive species shall not be used. Native species or species appropriate to the historic period should be considered.

[16]

Areas to remain as natural or undisturbed and areas to be protected through the use of conservation easements shall be identified on the site plan.

[17]

Location of existing and proposed recreational facilities including appropriate construction details for trails, ball fields, playgrounds, swimming pools, tennis, volleyball or basketball courts or other recreational improvements.

[18]

Architectural plans of all proposed buildings, structures and signs, including exterior elevations, floor plans, perspective drawings and information on the nature and color of building materials (see architectural and design standards of § 190-77).

Sanitation report. The application shall submit a written sanitation report, with information on site characteristics and the proposed sanitary systems, including water supply and waste disposal. As necessary said report shall be prepared by the applicant's registered professional engineer or registered sanitarian. The report shall demonstrate that the subject sanitary systems will comply with state and local Health Department requirements and all other applicable regulations including the Town's Sand and Gravel Regulations. Where a separate permit to fill a site is necessary, said permit shall be obtained and the fill shall be placed prior to the submission of a site plan application for the subject use or development project. Necessary on-site testing must be coordinated with the Town Health Officer.

Erosion and sediment control plan. The applicant shall submit an Erosion and Sediment Control Plan in accordance with the requirements of § 190-75 of these Regulations.

Other information. Dependent on the nature of the proposal, the Commission shall have the right to require additional detailed information if it finds the information is necessary to review the application and determine compliance with applicable regulations and performance standards. Such information may include but shall not be limited to: traffic impact analysis, including specific information on how construction traffic will be regulated, routed and monitored; aquifer, watershed and flooding data; drainage calculations and documentation of necessary drainage rights or easements; environmental and neighborhood impact analysis; erosion and sedimentation control plans, future plans for adjacent land under the control of the subject applicant or owner; information on homeowner or property-owner associations; maintenance provisions; estimates of site improvements costs, and bonding agreements.

Waiver of application requirement. Dependent on the nature of the proposal, the Planning and Zoning Commission may, by majority vote, waive the submission of all or part of the information required in Subsection A(3) (Site Plan). These requirements may be waived only in situations where the information clearly is not needed to determine compliance with these Regulations. In general, these waiver provisions are most applicable to expansions of existing buildings and uses and changes in the use of existing buildings.

Special permit requirements.

Intent.

It is recognized that there are certain uses that would only be appropriate in Town if controlled as to area, location, or relation to the neighborhood so as to promote the public health, safety and general welfare. As provided for elsewhere in these regulations, such uses shall be treated as special permit uses and provided procedures, standards and conditions set forth or referenced herein are complied with, these uses may be permitted in their respective zoning districts. All such uses are considered to have special characteristics and accordingly each application must be carefully reviewed on a case-by-case basis.

Procedure.

Prior to the issuance of a zoning permit for any use requiring special permit approval, an application with accompanying information shall be submitted to the Planning and Zoning Commission for its review. Applications shall only be received at a regular meeting of the Commission. Applications should be filed in the Mansfield Planning Office at least seven days prior to such meeting for analysis and placement on the agenda. If an application involves activities within regulated areas, as defined by the Mansfield Inland Wetland.

Agency (IWA), the application shall not be received unless a license application for said activities has been received by the IWA and is currently under IWA review; or unless a license for said activities has been approved by the IWA; or unless the proposed activities have been ruled by the IWA to be exempt from licensing requirements. Once the application has been received as complete, the Planning and Zoning Commission shall hold a formal Public Hearing, complete its review and within statutory time limitations, grant, grant subject to conditions, or deny the special permit application. As appropriate, neighboring municipalities shall be notified as per the provisions of the State Statutes and § 190-83. The Commission shall cite reasons for its actions. Upon receipt of a special permit application, the Commission may refer the application to local staff members including the Health and Public Works Departments, the Commission appointed Design Review Panel, and other local, State, or Federal agencies. Final action shall be based on the application as originally received or as modified during the public hearing The applicant shall be responsible for the costs for any additional advertising necessitated by the submission of revised or supplemental application information received following the publication following the publication of the Hearing notices and the scheduled Public Hearing. No new information shall be received from the applicant or the public after the close of the Public Hearing.

All potential special permit applicants are encouraged to arrange with the Director of Planning and Development a pre-application conference to discuss application requirements and procedures. Such a meeting may help identify potential problem areas and expedite the application review process.

Whenever a proposed special permit application involves inland wetlands and watercourses and/or areas within 150 feet of inland wetlands or watercourses, the approval of the Mansfield Inland Wetland Agency may be necessary. The applicant shall be responsible for contacting the Inland Wetland Agency and any necessary Inland Wetland approvals should be obtained prior to the Public Hearing on the special permit application. As appropriate, Inland Wetland Agency requirements shall be incorporated into the special permit application.

Application requirements. It is recommended that the Director of Planning and Development be contacted for assistance in determining what information may be required for a specific special permit application. Unless waived as per the provisions of § 190-74, the following information shall be required for special permit applications:

A completed application form, including fee payment: Said application must be signed by the owner of the subject property or by an individual with a legally binding contract to purchase the subject property.

Statement of use: A written statement fully describing the nature, intensity and location of the proposed use and all other important aspects of the proposed use. Said statement shall also address Mansfield Inland Wetland Agency (IWA) requirements by stating whether proposed activities are under the jurisdiction of the IWA and by relating the current status of any IWA license application. No application involving proposed activities within regulated areas, as defined by the IWA, shall be received unless the IWA has authorized the activities or unless the IWA has received and is processing a license application for proposed activities in regulated areas. (Any questions regarding IWA requirements should be reviewed with the Mansfield Inland Wetlands Agent.)

Notification of neighboring property owners: To ensure ample opportunity for neighborhood opinion to be expressed, the applicant shall be responsible for notifying in writing all property owners within 500 feet of the perimeter boundaries of the subject lot(s). Such notice, which shall be sent by Certificate of Mailing at least 10 days prior to the date of the scheduled Public Hearing, shall include the statement of use received by the Commission, the date and time of the scheduled Public Hearing and the fact that the subject plans are on file in the Mansfield Planning Office. A copy of the applicant's notice to neighboring property owners and a listing of the property owners notified shall be filed in the Mansfield Planning Office at least five days prior to the Public Hearing.

Site plan: Five copies* of a site plan drawn to a scale of not less than one inch equals 20 feet or more than one inch equals 40 feet, appropriately signed and sealed by a professional engineer and/or land surveyor registered in the State of Connecticut and including the information detailed in § 190-73 (Site Plan Application Requirements) of these Regulations. (*Additional copies may be required.)

Sanitation report: The applicant shall submit a written sanitation report, with information on site characteristics and the proposed sanitary systems, including water supply and waste disposal. As necessary said report shall be prepared by the applicant's registered professional engineer or registered sanitarian. The report shall demonstrate that the subject sanitary systems will comply with state and local Health Department requirements and all other applicable regulations, including Town regulations regarding sand and gravel. Where a separate permit to fill a site is necessary, said permit shall be obtained and the fill shall be placed prior to the submission of a site plan application for the subject use or development project. Necessary on-site testing must be coordinated with the Town Health Officer.

Erosion and sediment control plan: The applicant shall submit an Erosion and Sediment Control Plan in accordance with the requirements of § 190-75 of these Regulations.

Other information: Dependent on the nature of the proposal, the Commission shall have the right to require additional detailed information if it finds the information is necessary to review the application and determine compliance with applicable regulations and performance standards. Such information, which through other provisions of these regulations may be required for particular uses, may include but shall not be limited to: architectural plans of all proposed buildings, structures and signs, including exterior elevations, floor plans, perspective drawings and information on the nature and color of building materials; traffic studies; aquifer, watershed and flooding data; drainage calculations and documentation of necessary drainage rights or easements; environmental and neighborhood impact analysis; erosion and sedimentation control plans; future plans for adjacent land under the control of the subject applicant or owner; information on homeowner or property owner associations; maintenance provisions; estimates of site improvement costs and bonding agreements.

Waiver provisions. Dependent on the nature of the proposal, the Planning and Zoning Commission may by majority vote waive the submission of all or part of the information required in preceding section (Site Plan). These requirements may be waived only in situations where the information clearly is not needed to determine compliance with these regulations. In general these waiver provisions are most applicable to expansions of existing buildings and uses and changes in the use of existing buildings.

Zoning permit requirements.

Applicability.

The following provisions for Zoning Permits are in addition to any application requirements associated with uses and/or construction activities that also require the review and approval of the Planning and Zoning Commission. All proposed uses and/or construction activities shall comply with permitted use provisions and all other applicable regulatory provisions. Except as noted below in Subsection C(2), Zoning Permits shall be required for the following activities:

The erection, placement or enlargement of any building or structure, including accessory buildings, or the construction of site improvements or external or internal building alterations authorized by the Planning and Zoning Commission under § 190-86 or other provisions of these Regulations;

The erection, placement or enlargement of any sign requiring prior approval under the provisions of § 190-69;

The placement or replacement of any trailer or mobile manufactured housing unit or addition thereto.

The erection, placement or enlargement of any building or structure, including accessory buildings, or the construction of site improvements or external or internal building alterations on any property zoned SC-SDD, consistent with the requirements of § 190-48.

Site work and or site improvements authorized by the Planning and Zoning Commission in association with subdivision or special permit approval. Examples include: tree removal, site grading, drainage improvements, road or driveway improvements, etc.

Temporary Special Outing Liquor Permits pursuant to § 190-9.

The erection, placement or enlargement of any structure, sign, fence, wall or similar site improvement for properties within one of the 10 historic village areas identified in § 190-60.

A Zoning Permit is not required for:

Repairs or alterations to existing buildings or structures, provided the repairs or alterations are for maintenance purposes and will not alter the square footage of the subject building or structure, and provided the repairs or alterations will not conflict with any associated Planning and Zoning Commission or Zoning Board of Appeals actions.

One-story storage sheds that are 200 square feet or smaller in size. Such sheds shall comply with the setback provisions of § 190-18.

Aboveground swimming pools accessory to single-family dwellings provided said pool is no deeper than 24 inches. Such pools shall comply with the setback provisions of § 190-18.

Zoning permits also are required for all lot line revisions. An applicant shall submit to the Zoning Agent adequate information to demonstrate that a proposed lot line revision is in compliance with all applicable zoning and subdivision requirements.

Procedure/application requirements.

In situations where a Zoning Permit is required, the subject use or construction activity shall not commence until the Zoning Agent has issued a Zoning Permit for the proposal. Applications for a Zoning Permit shall be made by a property-owner or his/her authorized agent. Applications shall be complete in all details and shall be returned to the applicant in the event a submitted application is incomplete. Except as noted below within each subsection, Zoning Permit applications shall include the following information:

A completed application form and fee payment;

A statement of use, fully describing the proposed construction activity, the use or uses to which the subject buildings, structures or site shall be devoted, the estimated cost of construction, and estimates of the quantity of fill material (soil, stone, sand and gravel, etc.) to be brought to the subject site, and quantity of material (soil, stone, sand and gravel, etc.) to be moved within or removed from the site;

Three copies of a plot plan, prepared and certified by a registered land surveyor, drawn to a scale of not more than one inch equals 50 feet, showing the property lines, lot area, and dimensions of the subject lot; the subject zone classification; the location and size of existing and proposed buildings; structures, driveways, parking areas, wells and septic systems; bordering streets; existing and proposed contours; inland wetlands and watercourses; flood hazard areas; setback dimensions between property lines and all buildings and structures and any other information that may be required by the Zoning Agent to determine compliance with these Regulations. For proposed construction activity involving subdivision lots approved after June 30, 2002, plot plans shall include building area envelopes and development area envelopes (see definition in Subdivision Regulations).

The Zoning Agent may waive this certification requirement provided all applicable regulatory provisions, particularly dimensional requirements, will be clearly met, and provided the proposal involves one of the following:

An accessory structure(s) or attached garage addition;

An addition less than 500 square feet in ground floor area; or an addition proposed to be located farther than five feet from a required building setback line;

A new house on property shown on an A-2 survey subdivision map, provided the proposed structures clearly are within setback lines and provided the foundation certification requirements of § 190-81 will be met in association with the submittal of an "as built" plan.

[d]

Signs, site or building modifications or other proposals that have been granted special permit or site plan approval without a surveyor's site plan. In this situation, the approved site plan may be accepted as the plot plan.

[e]

An agricultural building or structure. In situations where a surveyor's plot plan is not required, the submitted plot plan shall be accurately drawn to scale by the applicant or his agent and shall contain all information deemed necessary by the Zoning Agent to determine compliance with applicable regulations.

For signs or other construction activities that require a Zoning Permit but do not affect the floor area of a structure or site improvements, the Zoning Agent may waive or modify the plot plan requirements.