Town of Mansfield, CT Special Regulations

Permitted uses; general application requirements. Permitted uses are found in the use tables located within these Regulations which delineates the primary uses, which may be authorized within the various established Design Development Districts and specifies the type of approval, which shall be obtained. New developments and major expansions or changes of use require special permit or site plan approval of the Planning and Zoning Commission as per the application and approval requirements of § 190-73 and § 190-74. Applicable performance standards (§ 190-75), dimensional requirements found in each zoning district table, flood hazard provisions (Article 10), The Mansfield Sand and Gravel Ordinance (see Appendix), and other pertinent zoning requirements, including the special provisions of for each Design District shall be met. Developments shall also comply with applicable provisions of the Mansfield Subdivision Regulations and the Inland Wetlands and Watercourses Regulations.

Informal review. All prospective applicants considering development within established or proposed Design Development Districts are encouraged to review with the Director of Planning and Development, on an informal and non-application basis, preliminary development plans. Utilization of this process may enable a prospective applicant to obtain meaningful preliminary feedback prior to a major commitment of resources. To maximize the benefits of an informal review, it is recommended that prospective applicants provide enough information to allow the subject proposal to be considered with respect to the Town's Plan of Conservation and Development, the Architectural and Design Standards of § 190-77 and important development factors, such as, but not limited to the following: Water supply, sanitary waste disposal, drainage and storm water impacts, traffic and circulation, fire protection and impacts on the natural environment and neighboring properties.

Zone change/special application requirements.

General requirements.

Where a development is proposed for property that is not appropriately designated as a Design Development District, a change in zone classification is required. In these situations a petition for zone change shall be submitted in accordance with the provisions of § 190-8. In addition to the application information required by § 190-8 all petitions to create a Design Development District shall include information supporting and justifying the zone change. Professionally prepared traffic studies, comprehensive environmental assessments and design information regarding the proposed development of the property shall be required for all applications to create or expand a Research and Development/Limited Industrial Zone. Depending on the nature of the proposed zone change, traffic studies, environmental assessments and other special reports may also be necessary components of an application to create or expand any of the other Design Development Districts.

In reviewing a petition for a zone change to a Design Development District, the Commission shall evaluate, with respect to the approval criteria contained in § 190-8, all information presented during the Public Hearing process by the applicant, the public and staff members.

Special provisions for creation of ARH, DMR and SER-HO Zones.

Due to the special nature of the Age-Restricted Housing, and Design Multiple Residence zones and its potential impact on neighboring properties and the Town, the concurrent submission of a special permit application for the proposed development of the subject property is necessary for the Commission to receive a petition to create an ARH or DMR or Zone.

Due to the special nature of the SER-HO Zone, the concurrent submission of a site plan application for the proposed development of the subject property is necessary for the Commission to receive a petition to create an SER-HO Zone.

No zone change to create an Age-Restricted Housing Zone or Design Multiple Residence Zone shall be approved unless the concurrently submitted special permit application complies with all applicable standards and is therefore also approved by the Commission.

Any zone change approval to an Age-Restricted Housing or Design Multiple Residence District shall be voided if the associated special permit approval expires due to a failure to commence construction. [See § 190-74G(5).]

[5]

No zone change to create an SER-HO Zone shall be approved unless the concurrently submitted site plan application complies with all applicable standards and is therefore also approved by the Commission. Any zone change approval to an SER-HO Zone shall be voided if the associated site plan approval expires due to a failure to commence construction.

Modifications in approved plan or design. Due to the special nature of the Design Development Districts and the fact that any approved use in one of these zones is based on the submitted plans and specifications, all proposed changes of an approved plan, particularly those regarding architectural design or layout of buildings and improvements are required to receive prior approval. See § 190-73H and I and § 190-86 for provisions regarding this requirement and other site modifications.

Special provisions for all design development districts.

Architectural plans. All special permit or site plan applications for development in a Design Development District 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. The architectural plans shall incorporate all architectural and design standards of § 190-77. This requirement may be waived or modified by the Commission for changes in use of existing buildings, additions, or for minor applications where all or portions of the architectural information are not considered necessary to determine compliance with these Regulations.

Road and infrastructure improvements.

All roadways and infrastructure improvements, including drainage sanitary sewer and water system facilities 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.

All new roadways and driveways shall be designed to promote vehicular and pedestrian safety and to minimize traffic impacts on existing roads and neighboring properties. The location, design and number of curb cuts and the impact on nearby roadways, driveways and neighboring properties shall be important considerations in reviewing new land use proposals. Off-site infrastructure improvement may be necessary in conjunction with a proposed development. A concerted effort shall be made to minimize impervious surfaces and potential stormwater impacts. Stormwater management guidelines and best management practices prepared by State and Federal agencies shall be implemented wherever appropriate, as determined by the Planning and Zoning Commission.

Landscaping and buffering. Landscaping and buffering improvements are considered particularly important in the Design Development Districts and should be carefully provided for in any special permit or site plan application for development in one of these zones. See provisions of § 190-75D(17) and § 190-77.

Special dimensional exceptions. To encourage compliance with the goals and standards of § 190-77 (Architectural and Design Standards) and to promote greater design and layout flexibility and the coordinated development of adjacent properties, dimensional requirements related to building and site design identified in other sections of these regulations for properties in Design Districts may be altered by the Commission through the site plan approval or special permit approval process. Appropriate dimensional requirements shall be determined by the Commission based on all applicable approval criteria of these Regulations, the design and layout provisions of § 190-77 and all other applicable provisions of these Regulations. Dimensional requirements that may be adjusted in accordance with this provision include dimensional requirements unique to specific uses or zoning districts identified in the use tables; and dimensional requirements identified in for a specific Design Development Districts. Any adjustments to dimensional requirements proposed through the site plan approval process shall require a public hearing in accordance with the requirements of § 190-74.

Special reports. All applicants proposing development in one of the Design Development Districts shall be prepared to submit detailed information regarding the specific proposed use and the impacts associated with the proposed development with their special permit or site plan application. Professionally-prepared traffic studies, watershed and drainage analyses, comprehensive environmental assessments and reports regarding the proposed use, generation, transportation, storage or disposal of any hazardous or genetic materials are examples of the types of specialized information that the Commission may require of an applicant in a Design Development District. The submission of special reports shall be particularly applicable to larger residential and commercial developments and all proposals in the RD/LI Zone. All special reports should consider the Performance Standards of § 190-75 and the Special Permit and Site Plan approval criteria of these Regulations.

Private/common interest ownership facilities. In all projects where open space or recreation facilities and/or infrastructure improvements such as roadways, drainage, sanitary sewer or water systems are to remain in private and/or "Common Interest Ownership" status, the special permit or site plan application for the subject development shall include a comprehensive report detailing provisions that will be established for association governance and the maintenance and upkeep of said areas and facilities. Said provisions shall include the power of levying assessments through covenants enforceable against privately-owned land within the development project and/or the establishment of escrow accounts or other suitable measures to help ensure the availability of funds for the maintenance of facilities. The applicant shall be responsible for submitting to the Town, with the application, suitable construction and maintenance agreements. (See § 190-91.)

Contiguous parcels under separate ownership. Contiguous parcels under separate ownership may be developed jointly under a single site plan or special permit application. In these cases, setback requirements and landscape/buffering requirements shall relate to the total area being developed under the proposal.

Minimum acreage to create a new design development district. The following minimum acreages are required to create a new Design Development District: ARH - 5 acres; DMR - 5 acres; SER-HO - five acres; PB-1 or PB-2 - 5 acres; RD/LI - 10 acres.

Other dimensional provisions. See applicable dimensional requirement tables and notes for other dimensional requirements including additional dimensional provisions for some of the Design Development Districts.

(10)

Pedestrian/public transit improvements. All developments shall provide appropriate pedestrian and public transit improvements, as determined by the Commission. The degree of improvements shall be tied to the size and nature of the development. Trail and sidewalk, bikeway improvements, bicycle racks, bicycle lockers, bus stops with shelters, and other amenities that promote public transportation and pedestrian and bicycle traffic may be required.

§ 190-57 Hospitals, sanitariums, rest homes, convalescent or nursing homes.

Procedure. An application for such use addressed to the Planning and Zoning Commission shall be accompanied by a plan of development showing the location and elevations of all buildings, with renderings, together with permanent grading and landscaping plans to the surrounding area. The developer must also show at this time all necessary applications for licenses and permits from the Connecticut State Department of Health for the operation and maintenance of the proposed use.

Location. No site shall be approved unless it is on or within 300 feet of an arterial or collector street as set forth in the Zoning Regulations and unless it is connected to public sewers or is readily connected to such service.

Height of buildings.

No principal buildings may exceed the height of two stories or 40 feet, except a third story may be allowed if one of the three stories is a basement level as permitted below. In this instance said building height shall not exceed 45 feet.

§ 190-58 Filling/grading/excavation/removal/processing of soil, stone, sand and gravel, peat moss and other similar materials.

On a sloping site, a maximum height of three stories is allowed for a lower basement level with public egress, so long as the exposed basement level of the building does not exceed 50% of the foundation perimeter. No accessory building shall exceed the height of 15 feet.

Site area. One acre of site shall be required for each 15 patient beds. In no case shall the site be smaller than three acres.

Site requirements. Buildings shall be sited and landscaping and buffer areas provided to assure maximum privacy to the patients and adjoining residential uses. In no case shall any structure or parking area be located less than 100 feet from any property line.

Parking areas. Defined in § 190-78 of these Regulations shall be required. Covered parking spaces shall be provided for each vehicle operated as a part of the use.

Open spaces. Suitable recreation facilities appropriate in function and area shall be provided.

Drives and access and egress points. Internal circulation shall provide for the easy movement of vehicular and pedestrian traffic and the convenient access of emergency vehicles.

General. No approval shall be granted which would be detrimental to the public safety, would create or increase traffic hazards, would tend to have a depreciating effect on the neighborhood properties or which is not in keeping with the stated intent of these Regulations.

As provided for in § 190-9, the filling, grading, excavation, removal and/or processing of soil, stone, sand and gravel, peat moss and other similar materials may be permitted provided the specific requirements and criteria of this section are met and, unless exempted as per Subsection B, the special permit provisions of § 190-74 are met.

Statement of purpose. This section is designed to provide,) through careful site analysis and design review and through appropriate mitigation control and regulation), the filling, grading, excavation, removal and/or processing of soil, stone, sand and gravel, peat moss or other similar materials while protecting the public's health, welfare and safety. More specifically, this regulation has been developed in order to:

Protect Mansfield's natural resources, including existing and potential surface and ground drinking water supplies, from potential adverse impacts including erosion and sedimentation problems and water contamination;

Protect residential properties from potential adverse impacts including noise, dust, visual impacts and other nuisance problems and the lowering of property values;

Protect citizens from potential vehicular or pedestrian traffic hazards;

Promote safe site conditions;

Promote appropriate site restoration and provide for appropriate future uses of the subject property;

Promote Plan of Development goals, objectives and recommendations.

Exemptions to special permit application requirements. Subject to compliance with applicable special approval criteria of Subsections E and F, the activities listed below, unless located in a designated Flood Hazard zone, are exempted from obtaining separate special permit approval. All proposed filling, grading, excavation, removal or processing activities in a Flood Hazard zone require special permit approval in accordance with § 190-74 and this section. In those cases where proposed filling, grading, excavation, removal or processing of materials is associated with a proposed use necessitating subdivision, site plan or special permit approval, the application requirements (Subsection C) and approval criteria (Subsections E and F) of this regulation shall be considered in conjunction with the pending subdivision, site plan or special permit application.

Filling, grading or removal of less than 100 cubic yards of material over a period of 12 months on a lot;

Filling, grading or removal of material associated with agricultural, horticultural or landscaping activity on one part of a property to another part of the same property;

Filling, grading or removal of material associated with the construction of a new building, the addition to an existing building, the installation or improvement of site features accessory to such building or other site activity for which site plan or special permit approval (or site modifications thereof) has been granted by the Commission and a Zoning Permit has been issued;

Filling, grading or removal of material associated with the construction of a road, public improvements or recreational improvements as shown on a subdivision map approved by the Commission;

Filling, grading or removal of material on land in public use [pursuant to Section 7-148(c)(8)(C) CGS];

Filling, grading or removal of material associated with the repair of an existing septic system pursuant to State Health Code requirements;

Filling, grading or removal of material associated with the installation of a new septic system on an existing lot or a proposed subdivision lot, provided no more than 350 cubic yards of material are deposited or removed from each lot;

Filling, grading or removal of material associated with the construction or alteration of a building, wall, fence, utility line, driveway, swimming pool, patio, lawn, garden or other site improvement for which a Zoning Permit has been issued, provided that application demonstrates that no more than 500 cubic yards of material are to be deposited or removed from the lot. This exemption shall only apply during the period between the issuance of a Zoning Permit and the issuance of the associated Certificate of Zoning Compliance.

Filling, grading or removal of material associated with activities located in an SC-SDD zone district for which a zoning permit has been issued.

Application requirements. In addition to the submission requirements (site plan, erosion and sediment control plan, neighborhood notification, etc.) contained or cited in § 190-74 (or, where applicable, Mansfield's Subdivision Regulations), all proposed filling, grading, excavation, removal or processing activities subject to this regulation shall, unless waived pursuant to Subsection D, contain the following supplemental information:

A statement of use describing the proposal in sufficient detail to determine compliance with all applicable approval criteria of § 190-74 and the approval criteria of Subsection E and F of this regulation. At a minimum, the following information shall be provided:

Proposed days and hours of operation for both on-site activities and off-site hauling activity [see subsection F(1)]: normally between 7:00 a.m. and 7:00 p.m., Monday through Friday;

Amount of material involved in the proposal and estimate of the length of time necessary to complete each designated phase of the proposed activity;

Proposed truck routes to and from the subject site and, as appropriate, proposed traffic controls, such as signage and use of traffic control persons;

Estimate of the number of truckloads of material to be deposited or removed from the site;

Listing of the number and type of portable machinery to be used on the site;

Description of any processing (screening, sorting, crushing, etc.) activity that will take place on site;

Description of any proposed vehicle maintenance and refueling that will take place on site, including information regarding the storage of fuels, oil or other chemicals;

(h)

Description of any existing or proposed buildings or construction trailers;

(i)

Description of any proposed rock or stump burial areas;

(j)

Description of any proposed stockpiling, including maximum height of stockpiles and actions to be taken to prevent wind erosion and dust problems, particularly from stockpiles, interior haul roads or other unvegetated areas;

(k)

Description of any proposed drainage work and any related drainage structures;

(l)

As applicable, a description of the proposed depth of excavation with respect to phasing, cut faces and potential steep slope problems. The proposal shall detail the actions that will be taken on a daily basis to help prevent the occurrence of an unsafe situation.

(m)

Description of proposal with respect to maximum groundwater elevation as determined by test pits, borings or other means;

(n)

Description of restoration plans, including information about the amount and nature of topsoil to be used, the amount of reusable topsoil on site and fertilizer and chemical application;

(o)

Description of anticipated future uses.

A data accumulation plan, with Class D and TD certification, prepared by a licensed professional land surveyor, showing the following off-site information:

Existing contours of all areas within 500 feet of the boundaries of the subject property. A ten-foot contour interval will usually be acceptable, provided existing and proposed off-site drainage patterns are indicated clearly. However, depending on the size and nature of the proposed activity and the specific physical characteristics of the area, the Commission shall have the right to require off-site contour information to be at a five-foot contour interval;

Plan of Development-designated inland wetland areas, watercourses and stratified drift aquifer areas within 1,000 feet of the subject property;

Property lines of the subject site and all properties within 1,000 feet of the site;

Location of all streets and dwelling units within 1,000 feet of the site;

Names and addresses of property owners within 1,000 feet of the site (based on current Assessor's records).

For proposed excavation activities, particularly those involving the removal of more than 5,000 cubic yards of material from a site (including all cumulative phases), the Commission shall have the right to require a comprehensive analysis (by a hydro-geologist, licensed Professional Engineer or other qualified professional) of test pit and soil boring information adequate to determine ground water elevations, direction of ground water flows, depth of bedrock and grain size distribution (i.e., percent gravel, percent sand, etc.). The analysis shall address the proposed depth of excavation with respect to the maximum water table, potential ground water and environmental impacts and how the nature of the material will influence its potential for dust problems and site restoration efforts.

Depending on the size and nature of the proposed activity and the specific physical characteristics of the area, 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 approval criteria. Such information may include, but shall not be limited to: drainage calculations and analysis prepared by a licensed professional engineer, environmental and neighborhood impact analysis by qualified professionals and property value analysis by a licensed professional appraiser.

Waiver provisions. Depending 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 Subsections C(1) and C(2). These requirements may be waived only in situations where the information clearly is not needed to determine compliance with these Regulations. Reasons for any waivers shall be cited by the Commission. In general, these waiver provisions are most applicable to minor filling and excavation activities associated with existing agricultural or horticultural uses, existing residential or governmental land uses, or minor subdivision grading, filling or removal activities.

Approval criteria. In addition to the approval criteria contained or cited in § 190-74 (or, where applicable, Mansfield's Subdivision Regulations), all proposed filling, grading, excavation or removal applications subject to this regulation shall comply with the requirements listed below (See Subsection F for special approval criteria for proposals involving the processing of materials):

Except as noted below, to protect the health, welfare and safety of Mansfield residents, all approved work shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. Additionally, sales and deliveries may be made from 7:00 a.m. to 7:00 p.m. on Saturday. Depending on specific site and neighborhood characteristics, the Commission shall have the right to modify these time restrictions, including the imposition of more restrictive work hours and restrictions on trucks arriving at a site prior to authorized hours of operation.

Truck access roads to and within the permit premises shall be arranged to minimize danger to vehicular and pedestrian traffic and to minimize nuisance to surrounding property owners. When required by the Commission, such access roads shall have a dustless surface, which is to be maintained in good condition at all times.

Provisions shall have been made for appropriate traffic controls, including barricades or fencing, highway warning signs and traffic control persons as deemed necessary by the Planning and Zoning Commission.

In considering any proposed activity, the Commission shall determine that appropriate measures shall be taken to protect nearby property owners from visual impacts, drainage impacts, noise impacts, dust impacts and potential property value impacts. Such measures, in addition to others required by the Commission, may include:

Limitation on the location and height of stockpiles; (unless approved by the Commission, stockpiles shall not exceed a height of 20 feet and no stockpile shall be located within 50 feet of a property line);

Provisions for the wetting, chemical treatment and/or revegetation of stockpiles and other exposed areas;

Erection of fences, berms and/or planting of evergreen screening;

Covering of all truck loads, both within the site and off site;

Limitation on the size of project phases;

Limitations on the term or length of time authorized to complete the project or a particular phase.

As a condition of approval, the Commission shall have the right to require the submission of professional monitoring reports including, but not limited to, information on noise levels and compliance with approved plans, including contour elevations.

If any excavation shall take place within 50 feet from a property line, the applicant shall give notice of the application to the owner(s) of property from which such 50 feet is measured within seven days following the Commission's receipt of the application. Said notification, which shall be sent by Certificate of Mailing, shall include the date and time of the scheduled Public Hearing, the applicant's Statement of Use and mapping that depicts areas of proposed activity. The notice shall also reference that the complete application is available for review in the Mansfield Planning Office.

Where an excavation has a depth of more than 10 feet and a slope of more than three to one, suitable safety precautions as determined by the Commission shall be taken to prevent conditions detrimental to the public safety, health and welfare. Such precautions may include fencing, terracing, berms, control of the entrances and exits to the site and requirements for daily regrading of cut faces.

In considering any proposed activity, the Commission shall determine that appropriate measures shall be taken to protect on-site as well as off-site natural resource features, including surface and ground water quality. In addition to requiring strict adherence to the site development principles and sediment and erosion control plan provisions of § 190-75D(18) and (19), the Commission shall have the right to require undisturbed buffer areas (see § 190-75D(17)(b), the right to limit the size of project phases, and the right to restrict on-site vehicle maintenance and on-site storage of fuels, oils or other chemicals. Additionally, as a condition of approval, the Commission shall have the right to require periodic environmental testing and the submission of professional monitoring reports, including, but not limited to, information on ground water elevations and ground water and surface water quality.

To help protect ground water quality and assure the suitability of the site for future uses, including on-site septic systems, all excavations (except as noted below) shall retain an undisturbed area at least five feet thick above the maximum ground water elevation. For excavations directly associated with a proposed subdivision or specific construction project or for exceptional situations within sewered areas or commercial zones, the Commission shall have the right to reduce this distance above maximum ground water elevation, provided the applicant demonstrates with detailed documentation that a reduction on all or part of the subject site will not detrimentally affect potential permitted uses of the site or ground water quality.

Topsoil stripped from the site shall be stockpiled on the premises and shall not be sold or removed from the premises without prior Commission approval. Upon completion of site work within each approved project phase, the site shall be restored in accordance with the approved erosion and sedimentation control plan and in a manner compatible with anticipated future uses. At a minimum, all revegetated areas shall have a uniform depth of at least four inches of topsoil, of a quality acceptable for the subject restoration plan. In situations where subsoil is excessively drained, more than four inches of topsoil can be required. The Commission also shall have the right to restrict the on-site burial of trees, stumps or rocks, and no trash, refuse or other materials shall be buried on site.

(10)

To help ensure compliance with proposed contours and other approval requirements, the Commission shall have the right to require the setting and maintenance of vertical and horizontal control points around the perimeter of the site or individual phases.

Special approval criteria for on-site processing activity. There shall be no on-site processing of soil, stone, sand and gravel, topsoil, peat moss or other materials except where specifically authorized by the Commission in association with a permit approval. In considering any on-site processing, the following special approval criteria shall be met:

Depending on site and neighborhood characteristics, the Commission may authorize, on a temporary basis, the on-site use of portable screening or sorting devices and/or portable crushing devices. Restrictions, including limits on the number of days or hours of operation for use of the devices, the location and storage of the devices, may be imposed by the Commission.

No permanent or ongoing commercial processing of materials and no fixed machinery shall be allowed.

All proposed temporary processing activities shall be subject to the approval criteria cited in Subsection E of this regulation.

Depending on site and neighborhood characteristics, the Commission may require the enclosure or wetting of materials at various processing steps.

Bonding. Before the issuance of any permit under these Regulations, the Commission may require the filing of a performance bond in accordance with the provisions of § 190-76 of the Zoning Regulations, in an amount and with terms and conditions satisfactory to the Commission securing to the Town the actual cost of site restoration, erosion and sedimentation control, construction and installation of screening and other site improvements and repairs and restoration of any damage to Town roadways used in association with the proposed activity. The period within which required improvements shall be constructed shall be specified by the Commission and expressed in the bond. The bond agreement may require, prior to release, the submission of a professional "as-built" certification that all site work was completed in accordance with approved plans and that the required depth of topsoil has been deposited. Said bond shall be satisfactory to the Town Attorney as to form, sufficiency and manner of execution.

Renewal requirements/revocation/site visitation.

All permits or renewals for the filling, grading, excavation, removal or processing of materials approved pursuant to this regulation (does not include exempt activities as described in Subsection B) shall expire on July 1 of the year following the date of issuance. The Commission may renew such permits, or renewals thereof, for additional periods of up to one year each. In considering any renewal, the Commission may require supplemental information and updated mapping in order to verify continued compliance with these regulations and conditions of approval. Renewal applications shall be submitted to the Commission at least 45 days and no more than 90 days prior to the expiration of the existing permit. Failure to comply with the approved application or these regulations shall be grounds for revocation of the permit.

Upon notice to the applicant, the Commission and its staff shall have the right to enter the permit property at reasonable times in order to determine compliance with the approved application and these regulations. Denial of such permission by the permit holder is cause for revocation of any permit issued hereunder.

Enforcement. If it is determined by the Commission at any time after the issuance of a permit hereunder, and prior to the completion of the work authorized therein, that such work is not in accordance with the approved application and these Regulations, the Commission may, after due notice, revoke such permit, cash in the performance bond and/or take other appropriate enforcement action against the applicant.

§ 190-59 Live and/or amplified music.

Purpose. The purpose of these regulations is to allow for amplified and live music as accessory to certain assembly related uses while establishing minimum standards to protect adjacent neighborhoods from noise impacts.

Applicability.

Live and/or amplified music shall be permitted with Zoning Permit approval as an accessory use to the following uses pursuant to the requirements of this Section:

Restaurant.

Hotel.

Place of Assembly-Banquet Hall.

Commercial recreation facility.

Brewpub/Restaurant and Brewery.

The Zoning Permit requirements and restrictions on outdoor music contained in this section shall not apply to public property and properties in the SC-SDD.

Outdoor music.

Outdoor music will be allowed during the following days and times.

Outdoor Music Permitted
Thursday-Saturday	12:00 p.m. - 10:00 p.m.
Sunday	12:00 p.m. - 6:00 p.m.

Outdoor music on days or times other than those identified in the above table may be authorized by Special Permit approval.

Noise and nuisance regulations. All events involving live and/or amplified music shall comply with the noise and nuisance regulations contained in Chapters 134 and 135 of the Code of Ordinances.

Violations. In addition to penalties for violation identified in § 190-88 of these regulations and Chapters 134 and 189 of the Mansfield Code of Ordinances, any Permit for any live/amplified music use 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.

§ 190-60 Special provisions for plan of conservation and development designated Historic Village Areas.

Intent. Mansfield's Plan of Conservation and Development emphasizes the importance of preserving historic structures, historic neighborhoods and other historic and/or archaeological resources. Although 17 separate historic village areas are identified in Mansfield's Master Plan, 10 of these areas have retained common characteristics that warrant special protective measures. To help preserve and enhance the pattern of development of these remaining village areas, the following special provisions have been adopted. These provisions shall apply to the following historic village areas as specifically identified on Map 5 of Mansfield's Plan of Conservation and Development: Eagleville, Gurleyville, Hanks Hill, Mansfield Center, Mansfield Depot, Mansfield Four Corners, Mansfield Hollow, Mount Hope, Spring Hill and Wormwood Hill.

Special Historic Village Area review criteria. All exterior construction within the 10 historic village areas noted above in Subsection A, including but not limited to new primary or accessory structures, building additions, swimming pools, signs and site work or site improvements, that require site plan or special permit approval pursuant to § 190-73 or § 190-74 of these regulations shall comply with the following provisions:

New buildings and site improvements shall be designed to fit the individual characteristics of their particular site and village neighborhood. Careful consideration shall be given to promoting compatibility in building size, architectural form, massing, detail and materials. This includes facade mass, facade projections or recesses, windows, doors, roof mass and profile, as well as other architectural features.

All structural elements shall be in scale with and proportionate to adjacent buildings and other visual structures.

Overall spacing between roadside structures within the village area shall be maintained.

Setbacks from roadways and property lines shall be consistent with neighboring structures within the village areas.

The height of new buildings shall be consistent with neighboring structures within the village area. One and one-half to two and one-half story structures are typical in Mansfield's historic village areas. Through the use of variations in building height, roof line and grade definition, the perceived high of buildings can be influenced.

Building and site improvements shall be designed to avoid impacts on significant trees, stone walls, scenic views and vistas and other features that contribute to a historic village area.

Traditional building materials, such as wood siding and brick that reflect Mansfield's architectural tradition shall be used. Modern materials, such as fiber cement siding, that have the same visual characteristics as wood are considered acceptable.

§ 190-61 Churches and other places of worship.

As provided for in the applicable use tables, churches and other places of worship may be permitted provided the provisions of § 190-74 are complied with and the following specific criteria are met:

The subject site shall be located on or within 300 feet of an arterial or collector street as defined in these Regulations.

The subject site shall be a minimum of three acres.

No off-street parking shall be allowed within 50 feet of any property line and all parking areas shall be permanently screened and buffered from the neighboring properties by walls, fences, plantings or other devices that may be specified by the Commission. This fifty-foot setback requirement may be reduced by the Commission if an alternate design utilizes the site's topography and existing vegetation to reduce visual and auditory impacts on neighboring properties.

With the exception of storage sheds that comply with the provisions of related zoning dimensional requirements, all buildings and structures shall be located 100 feet from all property lines. This 100-foot setback requirement may be reduced by the Commission if an alternative design utilizes the site's topography and existing vegetation to reduce visual and auditory impacts on neighboring properties.

Accessory buildings and uses not specifically authorized by a special permit approval shall not be constructed or initiated until Planning and Zoning Commission approval is granted. Depending on the nature of the proposed accessory building or use, special permit approval may be required by the Commission.

§ 190-62 Wireless telecommunication sites, facilities and services.

As provided for in § 190-9A(17), wireless telecommunication sites, facilities and services may be permitted provided the provisions of § 190-74 are complied with and provided the specific requirements and criteria of this section are met.

Statement of purpose. This section is designed to provide for the establishment and/or expansion of wireless telecommunication services within the Town of Mansfield while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening. More specifically, this regulation has been developed in order to:

Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community;

Encourage providers to co-locate their facilities on a single tower, or single site;

Site facilities below visually prominent ridge lines;

Minimize the location of facilities in visually or environmentally sensitive areas;

Encourage creative design measures to camouflage facilities;

Protect historic and residential areas from potential adverse impacts of communication towers;

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

Definitions. For the purpose of applying the provisions of this section, the terms below shall be defined as follows:

ANTENNA

A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip antennas, panel antennas and dish antennas.

CO-LOCATION

Locating wireless communication facilities from more than one provider on a single site.

FALL ZONE

The area or location within which a tower or mounted antenna would drop, slide or settle in the event the tower or antenna is blown from its support structure, collapses or is otherwise dislodged from its foundation or its mounting.

HEIGHT OF TOWER

The vertical distance measured in feet from the average existing level of the ground surrounding the tower and within 10 feet thereof to the topmost point of the tower including any antenna or other appurtenances. The existing elevation shall mean the actual or approved elevations of the property at the time of application.

TOWER

A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include:

Self-supporting lattice;

Guyed; and

WIRELESS TELECOMMUNICATION SERVICES

Monopole.

Licensed wireless telecommunication services including, but not necessarily limited to, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

WIRELESS TELECOMMUNICATION SITE

A facility operated by a licensed wireless telecommunication service provider which consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services.

Application requirements. In addition to the submission requirements contained or cited in § 190-74, all proposals for a wireless communication site and facilities shall contain the following supplemental information:

A plan showing where and how the proposed antenna will be affixed to a particular building or structure;

Details of all proposed antenna and mounting equipment including size and color;

Elevations of all proposed shielding and details of materials including color;

An elevation of all proposed equipment buildings or boxes. Details of all proposed fencing including color;

A design drawing including cross section and elevation of all proposed towers. A description of the tower's structural integrity and load capacity including the number and type of antennas it can accommodate as well as the proposed location of all mounting positions for co-located antennas and the minimum separation distances between antennas. Where a monopole is proposed, the design shall illustrate how the tower will collapse upon itself without encroaching upon any adjoining property line;

A geotechnical report of soil borings by a licensed professional engineer demonstrating the appropriateness of proposed design specifications for any tower foundation, support structures, anchors, etc.;

A report from a licensed professional engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in Subsection D of this regulation. Such report shall also certify that the installation of such site will not interfere with public safety communications, radio or television transmissions or other existing communication systems;

An analysis of the fall zone for the proposed tower prepared by a licensed professional engineer;

All applications shall include proof that either the applicant or co-applicant holds bona fide license from the Federal Communications Commission (FCC) to provide the telecommunication services that the proposed tower is designed to support;

(10)

A report or letter from the Federal Aviation Administration that the proposed tower complies with all airport safety requirements for Windham and other airports;

(11)

A map depicting the extent of the provider's planned coverage within the Town of Mansfield and nearby towns, approved or proposed locations in nearby towns and the service area of the proposed wireless telecommunication site;

(12)

A landscape/buffering plan and a lighting plan designed to address the provisions of this section of the Regulations, the provisions of § 190-73C(4)(o) and (p) and § 190-75D(7) and (17);

(13)

A map indicating the search radius for the proposed wireless telecommunication site and a description of the process that eliminated other potential sites;

(14)

A viewshed analysis showing all areas from which the tower would be visible. The analysis also shall describe efforts that have been made to avoid prominent ridgelines and plans that have been made to screen the proposed site, camouflage proposed facilities and otherwise minimize adverse visual impacts;

(15)

Upon request of the Commission, the applicant shall provide a simulation of the proposed wireless telecommunication site in order to help the Commission ascertain the visual impacts associated with such proposal;

(16)

All applications shall include information on the status of any application filed or to be filed with the Connecticut Siting Council.

Approval criteria. In addition to the approval criteria contained or cited in § 190-74, all proposals for a wireless communication site and facilities shall comply with the following requirements:

General requirements:

No wireless telecommunication site shall be located within 200 feet of a residence; this setback shall not apply to any telecommunications facility proposed in the SC-SDD and PB-2 zoning districts.

No tower exceeding 60 feet in height shall be located within 1,000 feet of the boundary of an historic district under the jurisdiction of Mansfield's Historic District Commission. It shall be demonstrated that any proposed tower 60 feet or under within this area will preserve the architecture of the existing structure and maintain the existing pattern of development on the surrounding landscape.

No lights shall be mounted on proposed towers unless otherwise required by the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) or the Connecticut Siting Council. All strobe lighting shall be avoided if possible. When lighting is required and said lighting is permitted by the FAA or other Federal or State authority, it shall be oriented inward so as to project as little as possible onto surrounding residential property.

Towers not requiring special FAA painting or markings shall be painted a color that minimizes visual impact for the specific site.

Except as required by other governmental licensing agencies, towers shall not be used to exhibit any signage or other advertising.

Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional comparable antenna if the tower is over 50 feet in height. The Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights. Applicants may be required as a condition of approval to submit an affidavit or other documentation stating that space on the proposed tower will be made available to future users when technically possible.

Antennas or equipment buildings/boxes mounted to or on buildings or structures shall to the greatest degree possible blend with the color and design of such building.

(h)

Any proposed wireless telecommunication site shall be designed, located or operated in compliance with State and Federal requirements regarding interference with existing or proposed public safety communications, radio or television transmissions or other existing communication systems.

(i)

All applications for wireless telecommunication sites within the Flood Hazard Zone shall comply with the standards found in Article 10 of these Regulations.

(j)

Any proposed wireless telecommunication site shall be in compliance with State and Federal requirements regarding non-ionizing electromagnetic emissions.

(k)

All utilities proposed to serve a wireless telecommunication site shall be installed underground unless otherwise approved by the Commission.

(l)

All generators installed in conjunction with any wireless telecommunication site shall comply with all State and local noise regulations.

(m)

In a case where a wireless telecommunications site is proposed to be located on or within 1,000 feet of a property designated in the U.S. Department of the Interior's National Register program, it shall be demonstrated that it will preserve the architecture of the existing structure and maintain the existing pattern of development on the surrounding landscape.

(n)

All wireless telecommunication sites shall have security fencing or other measures to prevent unauthorized access.

Lot size, height and setback requirements.

Lot size. All new wireless communication sites shall meet the minimum lot size requirements for the subject zone as per the provisions of the zoning district.

Height. All wireless communication towers or rooftop-mounted equipment or structures shall be the minimum height necessary to provide the proposed service and address the co-location provisions of these Regulations.

Setbacks.

Freestanding monopole towers shall comply with the following minimum setbacks:

[a]

Front yard: A distance equal to 3/4 the height of the tower or the setback required for the underlying zone, whichever is greater.

[b]

Side or rear yards:

[i]

In residential zones, 50 feet for towers less than 60 feet in height and 100 feet for towers equal to or greater than 60 feet;

[ii]

In commercial or industrial zones, 25 feet for towers less than 60 feet in height and 50 feet for towers equal to or greater than 60 feet. However, where a side or rear lot line is contiguous to a residential zone, the setback for that particular yard shall be as required for such a tower in a residential zone.

All other towers shall comply with the following minimum setbacks:

[a]

In commercial or industrial zones, all other freestanding towers shall be located a minimum distance from any property line at least 100 feet or a distance equal to the height of the tower, whichever is greater.

[b]

In residential zones, all other freestanding towers shall be located a minimum distance from any property line equal to 125% of the proposed tower height.

All other structures, equipment buildings, boxes or storage areas shall comply with all applicable setback provisions of the applicable zoning district in these Regulations.

Additional locational approval criteria.

Locational preferences. The locations for siting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed below, in order of preference:

On existing towers or on existing structures such as buildings, water towers, utility poles, etc., in Mansfield or nearby towns;

On towers or structures approved but not yet constructed in Mansfield or nearby towns;

On new towers located at existing telecommunications sites;

On new towers located in institutional, commercial or industrial zones;

[5]

On new towers located in residential zones.

In the case where an application for the proposed location of a wireless telecommunications site is not a preference "a" or "b" location as noted above, the applicant shall adequately describe the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally or economically feasible. The supplied documentation shall evaluate the following factors:

The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved tower or structure as documented by a qualified licensed professional engineer and that the interference cannot be prevented or eliminated at a reasonable cost.

The planned equipment cannot be accommodated on existing or approved towers or structures due to structural deficiencies as documented by a qualified licensed professional engineer and that such deficiencies cannot be eliminated at a reasonable cost.

The existing or planned equipment on an existing or approved tower or structure would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified professional licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.

Any restriction or limitation imposed by the FCC, FAA or Connecticut Siting Council.

Landscaping/screening criteria. In addition to meeting the landscaping and screening provisions of § 190-75D(17), all applications for a wireless telecommunications site shall demonstrate to the degree technologically, legally or economically feasible, that the proposed site and design has minimized adverse visual effects, has avoided prominent ridge lines and has been screened and designed to camouflage the facilities.

Monitoring. As a condition of approval, the Commission shall have the right to require periodic environmental testing and the submission of environmental monitoring reports, including, but not limited to information on electromagnetic emissions and noise levels. The Commission shall have the right to require the establishment of an escrow account or cash bond fund to help ensure compliance with this provision.

Abandonment. As a condition of approval, the Commission shall have the right to require a wireless telecommunication site not in use for 12 consecutive months to be removed by the service facility-owner. Wherever removal is required, the site shall be restored to its previous appearance and, where appropriate, revegetated to blend with the surrounding area. The Commission may require that an appropriate bond as per the provisions of § 190-76, be submitted to help address this provision.

§ 190-63 Water Pipeline Overlay Zone.

Purpose.

The purpose of this section is to protect rural areas of the community (designated as Rural Character Conservation Areas in the POCD) from inappropriate development that could be spurred by new water transmission mains traversing these areas prior to reaching areas designated as Smart Growth Development Areas in the POCD. To that end, the presence of water mains in Rural Character Conservation Areas shall not be used to justify the intensification of land uses in a manner that would conflict with the overall pattern of development for that specific area as described in the POCD.

To implement this objective, this section establishes standards for connecting to new water mains in Water Pipeline Overlay Zones and identifies limitations specific to properties that will be served by the interconnection between the Connecticut Water Company and University of Connecticut water systems.

Applicability. The standards set forth herein are applicable to all properties located within the Water Pipeline Overlay Zone as depicted on the Official Zoning Map.

Establishment of New Water Pipeline Overlay Zones. This district may be applied to any area where a water pipeline exists or an extension is proposed that meets one or more of the following requirements:

The property is designated on the current POCD Future Land Use map as:

Conservation/Recreation/Managed Resource Area;

Rural/Residential/Agriculture/Forestry;

Rural Residential Village;

Village Center; or

Rural Commercial.

The property was designated in the 2006 POCD as:

Low Density Residential; or

Planned Office/Mixed Use; or

Neighborhood Business/Mixed Use.

Development requirements. Any owner of property located within a Water Pipeline Overlay Zone that desires to connect to the water main shall meet the following requirements:

Any property that will be served by the Connecticut Water Company shall comply with the requirements of § 190-75D(21).

Any use that exists as of the effective date of this Regulation may connect to the water main with a service connection(s) properly sized to serve only that use.

New uses that are permitted in the underlying zone may connect to the water main upon receipt of a Zoning Permit.

New residential developments requiring subdivision approval shall be limited to the number of units allowed in the underlying zone either through conventional design or cluster design pursuant to the Mansfield Subdivision Regulations. While the overall number of units shall be limited to what could have been developed without access to a public water system, the Commission may authorize alternative minimum lot size, frontage and setback requirements by Special Permit to preserve a greater amount of open space.

The Commission may approve a Special Permit to allow higher density development to occur on a portion of a property while preserving the remainder of the property as open space provided the overall density of development on the entire property is not greater than what can be achieved in the underlying zone. The Commission may require a density analysis that gives consideration to such features as wetlands and water courses, steep slopes, soil conditions, and access to determine the development potential of the property in the underlying zone.

Easements and water main extensions. Extension of water service to properties located outside of the Water Pipeline Overlay Zone through an easement or right-of-way on property located within the Water Pipeline Overlay Zone shall be permitted only in those instances where there is not a source of potable water otherwise available to service that parcel or the parcel located outside the Overlay Zone is designated as Compact Residential, Mixed Use Center or Institutional on the POCD Future Land Use Map.

§ 190-64 Drive-through facilities.

This section shall apply to all permitted uses that may request the provision of a drive-through facility.

Drive-through facilities may be permitted in locations deemed appropriate by the Commission upon the issuance of a Special Permit and provided the facility is designed to minimize the impact on the walkable nature of the area.

A minimum lot size of one acre shall be required for one drive-through facility on a site. A minimum lot size of one and one-half acres shall be required for two drive-through facilities on a site, subject to the limitation that only one of the drive-through facilities may include a full service window or windows. In no event shall there be more than two drive-through facilities on any site.

A traffic study, prepared by a State of Connecticut licensed professional engineer experienced and qualified in traffic engineering, shall be required describing, at a minimum:

Existing traffic conditions, including without limitation average daily AM and PM peak hour volumes sight distances, accident data, and level of service on adjacent and nearby streets;

Projected traffic conditions and impacts, including without limitation, the peak hours of operations, volume of customers per hour, average annual background traffic growth, impacts of proposed developments which have already been approved, are under construction or are pending before the Commission, projected levels of service on adjacent and nearby streets, sight distances, and analysis of the proposed drive-through facility with emphasis on the type(s) of service window(s) proposed (i.e., limited service window(s) or full service window(s)), queueing lanes and overall number of queueing spaces;

Description of traffic improvements, including pedestrian and public transit improvements, to mitigate traffic impacts.

Notwithstanding any other requirement in § 190-36 to the contrary, the Commission may, as part of the special permit for a drive-through facility, eliminate the maximum front setback line in the PB-1 Zone provided all of the following criteria are met:

The elimination of the maximum front setback line is consistent with the prevailing front setback lines on neighboring properties and continues existing visual patterns (e.g. location of buildings, sidewalks and parking areas);

The elimination of the maximum front setback is necessary, when considering factors such as lot size, lot configuration and reduction of impacts on regulated areas, in order to accommodate the safe and efficient traffic circulation associated with the drive-through facility and is supported by the traffic study;

The proposed layout incorporates other amenities or improvements to activate the street frontage, enhance the streetscape or improve pedestrian accessibility. Such amenities or improvements may include, without limitation, the following:

Provision of outdoor dining and seating area in the front of the building;

Creation of a clearly defined direct pedestrian access from the street line to the front entry of the building;

Inclusion of street furnishings or other landscape features to establish the street line; and

Provision of bicycle racks.

Notwithstanding any other requirement in § 190-77 to the contrary, the Commission may, as part of the special permit for a drive-through facility, permit the location of parking areas in the front of proposed buildings in the PB-1 Zone provided all of the following criteria are met:

The location of the parking areas is consistent with the prevailing parking area locations on neighboring properties;

Parking in the front of the proposed building is necessary, when considering factors such as lot size, lot configuration and reduction of impacts on regulated areas, in order to accommodate the safe and efficient traffic circulation associated with the drive-through facility; and

The proposed parking layout aesthetically conforms with the physical context and design of neighboring properties.

The size of queuing lanes shall be adequate to allow for the safe movement of vehicles with a minimum length of 20 feet and width of 10 feet in straight areas and 12 feet along curved segments of the stacking lane.

For restaurants having full service window(s), a minimum of 10 queuing spaces, as measured from the pick-up window, shall be provided for each drive-through facility, including the vehicle being served. For restaurants having limited service window(s), a minimum of six queuing spaces, as measured from the pick-up window, shall be provided for each drive-through facility, including the vehicle being served. For financial institutions and pharmacies, a minimum of four queuing spaces, as measured from the pick-up or service window, shall be provided for each drive-through facility, including the vehicle being served. Queuing spaces shall not be calculated as part of required parking. Notwithstanding the foregoing, the actual number of queuing spaces may be increased or decreased by the Commission if supported by the traffic study.

Queuing lanes shall be clearly defined by pavement markings and directional signage.

Queuing lanes shall not interfere with:

The safe use of the required parking spaces and general site circulation lanes;

Interior pedestrian circulation;

The access to or from any public street.

The queuing lanes shall be effectively separated from the parking areas and pedestrian walkways through the use of curbing and/or landscaping improvements. The Commission may require the use of hardscape improvements such as decorative pavers, bollards and raised crosswalks to meet this design objective. Where two drive-through facilities are located on one site, the queueing lanes for each business must be physically separated and complemented by clearly visible way-finding signage to direct traffic to the respective drive-through facilities.

A dedicated bypass lane may be required by the Commission in order to allow vehicles to exit the queuing lane and/or to provide access to emergency vehicles.

At least 10 feet of height clearance shall be provided for the queuing lanes and bollards shall be located adjacent to drive through windows to prevent damage to the building from vehicles.

To the extent required by the Commission, the drive-through service window(s) and queueing lanes shall be buffered from view from public streets using landscaping, decorative fencing or other attractive screening.

Drive-through facilities, including windows, canopies and other related facilities, shall be architecturally compatible with the building and the existing or planned streetscape.

Any sign or menu board associated with a drive-through facility shall conform to the following:

Shall not exceed seven feet in height as measured from top of finished grade at the base of the sign or menu board;

Shall not exceed 40 square feet in size; and

Shall be buffered from view from public streets and residential properties using landscaping, decorative fencing or other attractive screening.

Outdoor loudspeakers associated with any drive-through facility shall not produce noise levels in violation of the provisions of Chapter 134 of the Town's Code of Ordinances and shall be located at least 300 feet from any adjacent residential structure.

A program for policing and eliminated outdoor litter must be submitted.

§ 190-65 Agricultural uses.

Statement of purpose.

The purpose of these regulations is to preserve existing agriculture uses, encourage new agriculture uses, and to maintain and promote a healthy and sustainable environment for people, livestock, plants and wildlife in the Town of Mansfield through the use of appropriate standards and permit processes. Agriculture in Mansfield has its roots in the New England tradition of the small farm, the fruit orchard, and the dairy. It has continually evolved to include other farming enterprises such as silk worms, poultry, horses and ornamental horticulture. These numerous types of farms and farming enterprises have contributed to Mansfield's economy, scenic pattern of development and environmental resources. The Town's farmlands offer an inviting atmosphere and local source of fresh foods, ornamental plants and recreation.

Grazing livestock, the scent of new mown hay and experiencing the ever changing farmland scenery are treasures these regulations seek to preserve.

For the purposes of these regulations, agriculture is considered as the growing of crops, the raising of livestock and the storing, processing and sale of livestock and horticultural products and commodities, including those defined in Connecticut General Statutes Section 1-1q, as incidental to agricultural operations.

Agricultural uses such as field crops and orchards are permitted by right provided the following standards are met (special provisions apply to the on-site display and sales of agricultural products):

All State and Federal requirements, including pest control and provisions for the storage and use of fertilizers, pesticides, fungicides and other chemicals, shall be met. Each property owner shall be responsible for maintaining records and data required by State or Federal agencies that pertain to the subject agricultural or horticultural use, including information on fertilizers, pesticides, fungicides and chemical uses on site. All agricultural uses are encouraged to utilize practices recommended by the USDA National Resources Conservation Service, the USDA National Organic Program Standards, the State Department of Agriculture, the University of Connecticut Cooperative Extension Service, the University of Connecticut Animal Science and Plant Science Departments, the Connecticut Agricultural Experiment Station and/or the Connecticut Department of Environmental Protection;

All other applicable sections of Mansfield's Zoning Regulations, including the Performance Standards cited in § 190-75 shall be met;

All agricultural uses involving on-site display and sales of products, including seasonal retail outlets, pick-your-own operations or permanent retail sales outlets shall comply with the standards listed below. It is the intent of these standards to allow the on-site retailing of agricultural products primarily grown or produced on the subject property or other land owned, leased or used by the subject property owner and a limited amount of related products. Furthermore, these standards are designed to prevent retail operations where a significant portion of the products displayed and sold are grown or produced on sites that are not owned, leased or used by the subject property owner, as this type of retail operation is more appropriately located in one of the Town's commercial zones.

It is recognized that for certain periods each year, due to seasonal or weather related issues or cooperative arrangements between agricultural property owners that the display and sale of products grown on land not owned, leased or used by the subject property owner may exceed a limited amount and may be considered significant. Any questions regarding whether the display and sale of agricultural products is in compliance with the intent of these regulations or the provisions listed below shall be resolved by the Planning and Zoning Commission.

The on-site display and sales of products shall be limited to agricultural products grown on the premises or on other land owned, leased or used by the property owner, a limited amount of agricultural products grown off-site on land not owned, leased or used by the property owner, and a limited amount of products that are accessory and associated with the agricultural products sold on the subject site. Examples of accessory products include but are not limited to: wreaths or tree stands associated with a Christmas tree farm; jams, jellies, herb vinegars or cider associated with a fruit or vegetable farm; maple syrup associated with a sugar bush; and seeds, fertilizers, peat moss and other soil amendments;

To address traffic safety concerns, adequate off-street parking shall be provided so that customers and employees do not park on the travel portion of town or state roads. A minimum of one off street parking space for each five feet of stand or building length shall be provided pursuant to § 190-78. Except for authorized seasonal retail outlets, all parking spaces shall meet the setbacks contained in the Schedule of Dimensional requirements cited in the applicable zone dimensional requirement table, or be 100 feet from existing dwelling units on adjacent properties, whichever setback is greater, unless these setbacks are waived by the Commission after a referral to the Agriculture Committee and consideration of potential neighborhood impacts and safety problems;

All driveway and parking areas shall be designed and constructed to promote vehicular and pedestrian safety and the proper discharge of storm water runoff. Safe and adequate sightlines shall be provided at access drive intersections with Town or State streets. As required, a driveway permit shall be obtained from the Mansfield Public Works Department or the State Department of Transportation;

In situations where sales or pick-your-own operations, parking areas, or access driveways are within one 100 feet of an adjacent lot containing an existing residence, buffering by the use of fencing, berming or vegetative screening shall be considered, where appropriate, to help minimize neighborhood impacts;

All signs shall comply with the provisions of § 190-65F;

Seasonal retail outlets consisting of display tables, shelving carts and/or structures less than 300 square feet in area, that are only utilized during periods when agricultural or horticultural products are harvested on site or on other land owned, leased or used by the property owner and "pick-your-own" operations are permitted by right, provided the following criteria are met:

The seasonal retail outlet is on the same site as the agricultural or horticultural use;

Applicable provisions of Subsection B(3)(a) through (e) above are met;

Any structures shall be at least 15 feet from front lines and 30 feet from other lot lines, unless these setback provisions are specifically reduced or waived by the concurrence of the Chairman of the Planning and Zoning Commission and the Zoning Agent. Any waiver or reduction shall be based on specific site characteristics and a determination that the structure's location is not expected to result in neighborhood or environmental impact, traffic safety or parking problems. (Any questions regarding this provision and the appropriateness of a setback reduction or waiver shall be referred to the Agriculture Committee and resolved by the Planning and Zoning Commission);

Other retail sales outlets [any fixture or structure other than one authorized in Subsection B(6) above] that is utilized for retail purposes either seasonally or for longer periods of time) are permitted, provided Special Permit approval is obtained in accordance with § 190-74 and provided the following additional criteria are met:

The retail use is on the same site as the agricultural or horticultural use;

The provisions of Subsection B(3)(a) through (e) above are met.

Keeping of farm animals. The following provisions establish four separate permitted use categories that authorize the keeping of animals. Subsection C(1), Principal farm use, Subsection C(2), Accessory/secondary use, and Subsection C(2), 4H, FFA or other student project use authorize the keeping of farm animals by right provided applicable standards are met. Subsection C(4) authorizes, subject to special permit approval of the Planning and Zoning Commission, additional Accessory/Secondary Uses where the number of animals per lot exceeds the number of animals per lot authorized by right in Subsection C(2).

Principal farm use permitted by right. The keeping, breeding, or raising of beef or dairy cows, sheep, poultry, swine, goats, horses, and other animals for either commercial or non-commercial purposes, and accessory buildings and facilities, are permitted by right, provided the following standards and recommendations are addressed:

The subject lot is a minimum of five acres in size exclusive of non-farmable wetlands and watercourses. (Any questions regarding non-farmable wetlands and watercourses shall be referred to the Agriculture Committee and resolved by the Planning and Zoning Commission)

The animals shall be provided with safe and adequate shelter and shall be kept in a manner that conforms to all applicable regulations of the Connecticut Department of Environmental Protection, the Connecticut Department of Agriculture and the Connecticut Department of Public Health and with all applicable provisions of the State Statutes.

Zoning Permits, pursuant to § 190-81, shall be required for all buildings and structures and all applicable zoning setback requirements shall be met.

It is recommended that all property owners keeping animals prepare a farm management plan that addresses the particular shelter, outdoor keeping areas, pasture and manure management needs related to the specific animals being kept on the property and any associated drainage or neighborhood impact issues. Information available from the CT Department of Agriculture, the University of Connecticut Cooperative Extension Service, the Connecticut Farm Bureau and/or the USDA Natural Resources Conservation Service should be utilized in preparing a site specific farm management plan. Agriculture practices contained in the Connecticut Department of Environmental Protection's manual of Best Management Practices for Agriculture should be followed.

Agriculture practices recommended by one of the agencies listed above in Subsection C(1)(d) shall be utilized for all manure piles. Surface water flows shall be diverted away from manure piles, stables, barns and outside keeping areas such as corrals or pens. Unless these setbacks are specifically waived or reduced by the concurrence of the Planning and Zoning Commission Chairman and Zoning Agent, manure piles, stables, barns, and outside animal keeping areas (such as corrals or pens but excluding fenced pastures, portable small animal enclosures that are regularly moved to maintain ground cover and animal shelters less than 200 square feet in area) shall be a minimum of 60 feet from front property lines, 100 feet from side or rear property lines and a minimum of 75 feet from any well. Standard setbacks as per the applicable dimensional tables shall be met for animal shelters less than 200 square feet in area. There are no setback requirements for pastures or portable small animal enclosures that are regularly moved to maintain ground cover.

Any waiver or reduction shall be based on site and neighborhood characteristics and a determination that a waiver or reduction in setbacks would not be expected to result in environmental or neighborhood impacts. Waivers or reductions in setbacks are most appropriate where abutter consent has been granted; where properties abut existing agricultural uses or land without human occupied buildings; and/or where human occupied buildings and associated yards or other residentially used areas are a minimum of 100 feet from the subject property line. (Any questions regarding this provision and the appropriateness of a setback waiver or reduction shall be referred to the Agriculture Committee and resolved by the Planning and Zoning Commission)

In order to maintain and improve animal health and water quality, all pasture land shall be managed to maintain healthy grass cover and it is recommended that pastures be a minimum of 35 feet from rivers, streams and other watercourses. Additionally, it is recommended that all stables, barns, outside animal keeping areas, such as corrals or pens, and manure/compost piles be located a minimum of 100 feet from rivers, streams and other watercourse areas. Greater setback buffers are recommended wherever slopes exceed 15% between watercourse channels and stable barns, outside keeping areas and manure/compost piles. It is further recommended that any necessary livestock watercourse crossings be confined to a short length of the watercourse and that culverts or bridges be used at crossings when feasible.

All manure stored on an agricultural site shall be composted or removed from the site on a regular basis pursuant to agricultural practices recommended by the CT Department of Agriculture, the University of Connecticut Cooperative Extension Service, the Connecticut Farm Bureau, the USDA Natural Resources Conservation Service and/or the CT Department of Environmental Protection.

Keeping of farm animals-accessory/secondary uses permitted by right.

The keeping, breeding, or raising of beef or dairy cows, sheep, poultry, swine, goats, horses and other animals for accessory and primarily, non-commercial purposes, and accessory buildings and facilities, on lots not meeting the lot size provisions of § 190-65C(1) above are permitted by right, provided the following standards and recommendations are addressed. These standards and recommendations are designed to help ensure that each qualifying site is physically capable of safely supporting the proposed keeping of farm animals and that authorized animals are kept in a safe manner without inappropriate impact on the environment or neighboring land uses.

The provisions of § 190-65C(1)(a) through (g) shall be met.

Unless special permit approval is granted pursuant to the provisions of § 190-65C(4), the square footage requirements contained in the following chart shall be met for each animal category. These square footage requirements exclude non-farmable wetlands and watercourses but include areas used for residential structures and accessory site improvements.

Farm Animals: Accessory/Secondary Use Chart for Residential Lots
Animal Category	Square Footage (Excludes non-farmable wetlands and watercourses but includes areas used for residential structures and accessory site improvements)*
Large animals including: Beef or Dairy Cows, Horses, Ponies, Mules, Buffalo, Donkeys and similar sized animals**	1 animal per 40,000 square feet
Swine	2 breeding sows plus litter (3 months or less) per 40,000 square feet
Medium animals including: Sheep, Goats, Ostriches, Alpacas, Llamas and similar sized animals	5 animals per 40,000 square feet
Small poultry including: Chickens and Ducks***	16 birds per 40,000 square feet
Large poultry including: Geese and Turkeys	8 birds per 40,000 square feet
Rabbits	25 animals per 40,000 square feet
Other Animals	As determined by the Zoning Agent consistent with this chart

Notes:
*	Combinations consistent with this chart are permitted as determined by the Zoning Agent. Livestock offspring shall not apply to the animal unit calculation until after weaning. Special provisions also may be approved by the Zoning Agent for dwarf animal breeds and for young animals who have not reached adult size. Any questions regarding non-farmable wetlands shall be reviewed with the Planning and Zoning Commission.
**	Male animals in this category shall be neutered on or before one year of age. Non-neutered males over the age of one are not authorized by this use provision.
***	Due to potential noise and neighborhood impact problems, it is recommended that guinea fowl not be kept pursuant to this permitted use provision.

4H, FFA or other student projects permitted by right. Student projects involving the temporary keeping of farm animals are authorized by right provided a Statement of Use and animal management plan [see § 190-65C(1)(c)] that comprehensively describes the proposed project, including shelter provisions, outside keeping areas and manure management, is prepared and found acceptable with respect to animal welfare and potential environmental and neighborhood impacts by the 4H Club Agent of the Cooperative Extension Service or a qualified school instructor or project manager.

Keeping of farm animals-accessory/secondary uses-permitted subject to special permit approval.

It is recognized that on a case by case basis, it may be appropriate to authorize a greater number of animals then is allowed by right pursuant to § 190-65C(2). Therefore, subject to obtaining special permit approval in accordance with § 190-74, property owners may seek approval for more animals that would otherwise be permitted pursuant to § 190-65C(2) and the associated Farm Animals: Accessory/Secondary Use Chart for Residential Lots. To help address potential animal safety issues and potential environmental and neighborhood impact issues, applications shall include a specific animal management plan that demonstrates compliance with the standards of § 190-65C(1)(a) through (g) and all special permit approval criteria of § 190-74E.

Section 190-65C(1)(d) provides potential sources of information that should be considered in preparing an animal management plan. Special Permit applications submitted pursuant to this provision shall be referred to Mansfield's Agriculture Committee for review and comment.

Other commercial agricultural uses (special permit approval required). Any other agricultural use that is not specially authorized by Subsections B and C above or other provisions of these Regulations may be permitted provided special permit approval is obtained in accordance with § 190-74.

Manure/compost. Any excess manure and/or compost produced on an agricultural site may be sold for off-site use. However, compost that is primarily from materials not generated on the subject site shall not be sold for off-site use unless special permit approval is obtained in accordance with § 190-74. (Any questions regarding this provision shall be referred to the Agriculture Committee and resolved by the Planning and Zoning Commission.)

Agricultural signage. The following agricultural signs are authorized in Mansfield:

Identity sign. One unlighted agricultural identity sign per site is authorized by right provided the sign does not exceed 16 square feet in area and it complies with the location, height, sign area and construction and design standards of § 190-69G through J.

Product identification signs. Up to three unlighted product identification signs per site are authorized by right on sites with on-site retail sales outlets provided the cumulative square footage of the sign(s) does not exceed 32 square feet in area and the sign complies with the location, height and sign area standards of § 190-69G through J. Product identification signs shall be removed during seasonal periods when products are not available for sale.

Directional signs. Up to four unlighted off site directional signs are authorized by right for sites with on-site retail sales outlets provided each sign does not exceed a size of four square feet and provided the signs comply with the locational provisions of § 190-69G for seasonal retail outlets; off-site directional signs shall be removed during seasonal periods when products are not available for sale. In addition, for agricultural sites that qualify for a State Department of Agriculture authorized permanent directional sign, one additional sign complying with state requirements is authorized provided the locational provisions of § 190-69G are met.

Agriculture committee. The Planning and Zoning Commission shall refer Special Permit applications pursuant to this section to the Town of Mansfield's Agriculture Committee for their advice and comment.

§ 190-66 Preservation uses.

Statement of purpose. The purpose of these regulations is to facilitate the preservation of historic and culturally significant properties and to promote principles of preservation and conservation of the Town's natural, cultural and historic resources in accordance with Policy Goal 2 of the Mansfield Plan of Conservation and Development.

Eligible organizations and properties. To qualify as a preservation use, the following criteria must be met:

The organization is a local not-for-profit organization whose core mission is related to historic preservation, land conservation, environmental advocacy or cultural activities.

The primary use of the property is for the organization's offices, museum or educational facility.

The property proposed for use by the organization is considered a significant historic or cultural resource in the community. For purposes of determining compliance with this requirement, the following shall be deemed to be a significant historic or cultural resource:

Any property identified on the National Register of Historic Places.

Any historic site or structure identified in Appendix C of the Plan of Conservation and Development.

Any property within a designated local historic district or historic village identified in the Plan of Conservation and Development.

Any other property that is deemed by the Planning and Zoning Commission to have historic, environmental or cultural significance. Such determination must be sought and obtained prior to submission of a special permit application.

Neighborhood impacts. To minimize the potential for neighborhood impacts, the following criteria shall be considered by the Commission in its review of a special permit application in addition to the criteria established in § 190-74E:

Intensity of the proposed use. Factors used to determine overall intensity of the proposed use include but are not limited to: number of employees using the property on a daily basis, the number of meetings and average attendance, including weekly meetings, evening meetings, community open houses/tours and special educational events.

Size of the property. Due to the wide range of historic properties, no minimum size for a preservation use has been established. Generally, the property must be sufficiently sized to accommodate the proposed intensity of use as described above. Organizations that are proposing a higher intensity of use may require more land to ensure that adequate buffers can be provided, particularly to shield adjacent residential homes from regular parking areas. Other factors that may be taken into consideration when determining whether the property is large enough to accommodate the proposed use include proximity of nearby homes and size of adjacent properties.

FOOD AND BEVERAGE MANUFACTURER

On-Site Parking. Ability of the site to accommodate sufficient parking for daily use of the property as well as occasional special events, if such events are contemplated as part of the overall use of the property.

§ 190-67 Cannabis establishments.

Purpose. The purpose of this section is to allow for a comprehensive review and appropriate siting of cannabis establishments to ensure any such establishment is in harmony with and will not have a detrimental effect upon the surrounding area, and that both the operation and location of any such establishment is protective of the public health and welfare.

Definition of terms. For the purpose of this Section only, the terms referred to herein shall be defined and used as outlined and defined in C.G.S. § 21-420h (as amended).

CANNABIS ESTABLISHMENT

A non-profit, person(s) or business entity otherwise engaged in an activity which would be defined as a producer, dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, and product packager.

CANNABIS HYBRID RETAILER

A person that is licensed to purchase cannabis and sell cannabis and medical marijuana products.

CANNABIS RETAILER

A person, excluding a dispensary facility and hybrid retailer, that is licensed to purchase cannabis from producers, cultivators, micro-cultivators, product manufacturers and food and beverage manufacturers and sell cannabis to consumers and research programs.

CULTIVATOR

A person that is licensed to engage in the cultivation, growing and propagation of the cannabis plan at an establishment with no less than 15,000 square feet of grow space.

A person that is licensed to own and operate a place of business that acquires cannabis and creates food and beverages.

MICRO-CULTIVATOR

A person licensed to engage in the cultivation, growing and propagation of the cannabis plant at an establishment containing not less than 1,000 square feet and not more than 10,000 square feet of grow space, prior any expansion authorized by the Commissioner of DCP.

PRODUCER

A person that is licensed as a producer pursuant to section 21a-408i of the general statutes and any regulations adopted thereunder.

PRODUCT MANUFACTURER

A person that is licensed to obtain cannabis, extract and manufacture products exclusive to such license type.

PRODUCT PACKAGER

A person that is licensed to package and label cannabis.

Cannabis retailers and hybrid retailers. Retailers and Hybrid Retailers may be permitted in the PB-1 (Planned Business Zone 1) and PB-3 (Planned Business Zone 3) zone subject to the standards specified herein in addition to the standards set forth below:

All cannabis retailers shall meet the following criteria:

Shall not be located within 500 feet of any other cannabis establishment as defined herein or, within 500 ft of any child day-care facility, place of worship, pubic park or preserve, playground or public or private school when measured using a direct line between any part of the permit premises and any part of a lot used as such.

Hours of operation will be limited to no earlier than 8:00 a.m. or later than 10:00 p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. on Sunday.

No consumption of any cannabis product may take place on site.

Signage shall be in accordance with § 190-69 of these Regulations and C.G.S. § 21-420h (as amended) whichever is more restrictive.

Any application for a Cannabis Retailer approval shall include:

An operational plan to indicate, at a minimum, how the facility will be managed related to:

Hours of operation.

Security and Access.

Signage to be installed.

Odor monitoring and mitigation.

[5]

Parking, Traffic and Circulation.

Conditional approval. In addition to any conditions imposed pursuant to these Regulations, all special permits for cannabis establishments shall be subject to the following conditions:

Special Permits shall be approved with the condition that the applicant continuously maintains all necessary approvals required by the State of Connecticut for the duration of the operation.

A conditional approval issued by the Commission shall not be considered fully executed until a copy of the State issued license has been provided to the Planning Department. A fully executed approval, including the State issued license must be filed with the Mansfield Town Clerk within six months of the issuance of the Special Permit.