Town of Woodbridge, CT Land Uses

Community garden. Community gardens are permitted subject to the following conditions:

Property shall be clear of rubble and contamination;

Access to water shall be provided, where feasible;

Area for compost shall be provided; and

Storage area for tools and secured trash receptacles may be provided.

Farmer's market and roadside stands.

Trash receptacle shall be provided.

Animal Day Care and/or Commercial Kennel and/or Animal Training Facility. Animal day-care facilities are permitted subject to the following conditions:

Open exercise areas shall be properly enclosed by a fence of a height sufficient to assure containment of the animals. Such areas shall be maintained in a sanitary and odor-free condition at all times;

The day-care center shall not create any excessive noise, dust, smoke, odor, or unsightly condition that would constitute a public nuisance to adjoining properties; and

Overnight boarding is prohibited.

(Reserved)

Grooming. Animal grooming facilities are permitted provided that overnight boarding is prohibited.

(Reserved)

Keeping of chickens. The keeping of roosters is prohibited.

(Reserved)

Veterinary hospitals. Veterinary hospitals are permitted subject to the following conditions:

A veterinary hospital shall not include a crematorium;

Adult establishments.

Adult-oriented establishments can cause negative effects on their surrounding areas and require special supervision from the Town's public safety agencies in order to protect and preserve the health, safety, and welfare of the Town's citizens. The purpose of this regulation is to reduce the attendant negative effects caused by such adult-oriented establishments by locating such uses in areas less sensitive to such negative effects, as well as requiring reasonable protections against those effects.

Definitions.

ADULT BOOKSTORE

Is a store that has as a substantial portion of its stock-in-trade any one or more of the following:

Books, magazines, periodicals, or other printed matter which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ESTABLISHMENT OF AN ADULT-ORIENTED ESTABLISHMENT

Sexual aids or paraphernalia which are characterized by an emphasis upon specified sexual activities or specified anatomical areas.

ADULT CABARET

A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT ESTABLISHMENT

Adult bookstore, adult cabaret, adult theater, or any combination thereof.

ADULT THEATER

A building used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Includes any of the following:

The opening or commencement of any such establishment as a new establishment;

The conversion of an existing establishment, whether or not an adult-oriented establishment, to any of the adult-oriented establishments defined herein;

The addition of any of the adult-oriented establishments defined herein to any other business or operation; or

SPECIFIED ANATOMICAL AREAS

The relocation of any adult-oriented establishment.

Are less than completely and opaquely concealed: 1) human genitals, pubic region, 2) human buttock, anus, or 3) female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Are: 1) human genitals in a state of sexual stimulation or arousal; 2) actual or simulated acts of human masturbation, sexual intercourse, or sodomy; or 3) fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast.

Adult establishments.

Adult establishments may not be established, operated, constructed, or maintained in the Town of Woodbridge without a special exception. Existing commercial or residential uses may not be modified or converted to use as an adult establishment without a special exception.

Adult establishments are permitted by special exception in the GB District subject to the standards for granting special exceptions in Subsection I(5) and subject to the distance requirements in Subsection I(4).

Distance requirement.

No building or premises shall be used, and no building shall be erected or altered, for use as an adult establishment if any part of such building or premises is situated on any part of a lot within a 500-foot radius in any direction of any lot used for, or upon which is located any building used for:

Any single-family or multiple-family residential use;

Any public or private school, or any other educational facility attended by persons under the age of 18, including, but not limited to, after-school programs, preschool and day-care facilities, children's museums, camps, and athletic leagues;

Any church or other religious facility or institution;

Any public park;

Any library, community center or teen center; or

Any other adult establishment.

Said distance of 500 feet shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.

Special exception requirements. Any application to establish, commence, or modify an adult establishment must meet the following requirements. The Commission is authorized to impose conditions upon the use to assure that the following requirements and considerations are satisfied:

No alcoholic beverages shall be sold or consumed within adult-oriented establishments.

Adult-oriented establishments shall be so designed as not to permit the view of any sexual aids or paraphernalia; films, books, tapes, periodicals, CDs, drawings, or advertisements depicting specified anatomical areas or specified sexual activity from a sidewalk, street, driveway, or parking area.

Any signs located inside or outside an adult-oriented establishment visible from a sidewalk, street, driveway, or parking area shall not visually depict, describe, or name any specified anatomical area or specified sexual activity.

Hours of operation. At the time of the public hearing, the Commission may require the submission of projected hours of operation. The Commission shall review the impact of such schedule of hours on the immediate neighborhood as well as current and projected traffic circulation patterns. As part of the special exception, reasonable limitations on hours of operation may be imposed.

Adult establishments shall not admit entrance to any person under the age of 18. The applicant must implement safeguards to assure that no minors enter the adult establishment.

Adult establishments shall be well-lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms, or stalls, wherein adult entertainment is provided, shall be clearly visible from the common areas of the premises, and secluded viewing of adult-oriented motion pictures or other types of adult-oriented entertainment shall be prohibited.

All adult-oriented establishments shall be open to inspection at all reasonable times by the Woodbridge Police Department, inspectors employed by the Town and/or the Health District, or such other persons as the Commission may designate.

The applicant shall provide vegetative screening, fencing, or other visual buffers to provide adequate buffering for surrounding uses. The parking lot shall be well-lighted and designed so as to discourage loitering.

The location and size of use, and the nature and intensity of the use, the size of the lot in relation to it, and the location of the lot with respect to streets giving access to it, are such that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is located.

The location and height of all structures and the nature and extent of the landscaping on the lot are such that the use will not hinder or discourage appropriate development and use of adjacent properties. The parking and loading facilities are adequate and properly located for the proposed use, and the entrance and driveways are laid out for maximum safety.

Cemetery. Cemeteries and burying grounds are permitted only within the present boundaries of existing cemeteries and burying grounds, and with the written approval of the Commission upon the occasion of each proposed extension, within extensions of such boundaries upon land abutting existing cemeteries and burying grounds or approved extensions thereof.

Civic clubs, lodges, or associations. Civic clubs, lodges, or associations are permitted subject to the following conditions:

Outdoor recreation facilities such as, but not limited to, swimming pools, tennis courts, putting greens, and basketball courts are permitted as accessory uses;

Buildings, swimming pools, ball diamonds, picnic areas, and other recreation uses shall not be located within any required setback; and

Buildings, off-street parking, swimming pools, ball diamonds, picnic areas, and other recreation uses, shall occupy not more than 80% of the area of the lot. (See also § 495-38, Traffic, parking, and loading requirements.)

Conference center development. Conference center developments are permitted subject to the following conditions:

Restaurants, dining rooms, and banquet facilities are permitted as accessory uses;

Business or professional offices are permitted as an accessory use, provided the gross floor area for said use does not exceed 40% of the gross floor area of the structures; and

Stores for the retail sales of goods are permitted as an accessory use provided the gross floor area for said use does not exceed 5% of the gross floor area of the structure(s).

Day care. Regularly organized day-care centers are permitted subject to the following conditions:

Adult day care, child day-care center, and group day-care home.

Either a fence or foliage shall screen outdoor apparatus. This screening shall be of such type and location as to provide privacy to adjoining properties, but shall not be so constructed or located as to constitute an unsafe situation for the users of the outdoor apparatus.

No overnight stays are allowed.

Family child-care home. Per C.G.S. § 19a-87b.(a), a licensed family child-care home shall not be subject to any conditions on the operation of such home by local officials if the home complies with all local codes and ordinances applicable to single and multifamily dwellings.

Excavation, removal, filling, grading, and processing of earth products.

General. There shall be no excavation, grading, filling, removal, or processing of earth, sand, stone, gravel, soil, minerals, loam fill, clay, peat, and other earth products on or from any land, except as permitted by § 495-14 herein, or as authorized by a special exception issued by the TPZ under the provisions of this Subsection N. Such special exception may be issued by the Commission subject to the standards and conditions as set forth in § 495-41, which the Commission deems necessary to prevent damage to other property and to protect the public safety, health, and general welfare.

Exceptions.

The provisions of this Subsection and the requirements to obtain a special exception hereunder shall not apply where the excavation, grading or filling of land, or removal or processing of earth products, are solely for one or more of the following purposes, provided that the provisions of § 495-41 shall continue to apply, and that the earthwork/soil disturbance does not result in off-site sedimentation, flooding, or erosion:

Farming, on a parcel designated as farmland by the Town of Woodbridge Tax Assessor's office;

Site grading for landscaping as long as the disturbance area does not exceed 5,000 square feet and the limits indicated in Section 3.2(c)i-iii;[1]

Editor's Note: So in original.

Earth material movement of the following volumes, excluding earth material located within the footprint of a foundation, which would be excavated for the installation of such foundation for a building or allowable structure for which a building permit has been issued:

One hundred cubic yards maximum for parcels less than two acres;

Two hundred cubic yards per acre for parcels between two and five acres;

[c]

One thousand cubic yards maximum for parcels of more than five acre;

The installation or repair of a septic system including the importation of the necessary gravel fill, as approved by the Quinnipiac Valley Health Department;

The maintenance and repair of roads, driveways, and drainage culverts as required and conducted by the Town of Woodbridge Public Works, or the State of Connecticut. All construction and maintenance activities that are to be performed by the Town of Woodbridge Public Works Department, including the stockpiling and excavation of earth products for road maintenance;

All activities associated with the Town of Woodbridge capped landfill operations;

All grading activities associated with commercial site plans for buildings, parking improvements, additions, etc., as reviewed and approved as part of an application to the Town's Inland Wetland Agency (if applicable), and Town Plan and Zoning Commission, and approved as part of a site plan or special exception application; and/or

Grading and filling operations associated with the construction of subdivision roadway improvements, as approved by the Town's Inland Wetland Agency (if applicable), and Town Plan and Zoning Commission.

Any exceptions under this Subsection do not relieve any person from obtaining all approvals that may be required, including, but not limited to, when applicable, approval from the Town of Woodbridge Inlands Wetland Agency, Plan and Zoning Commission, and Zoning Board of Appeals; the Department of Energy and Environmental Protection, the Army Corps of Engineers, and the State of Connecticut Department of Transportation.

Grading of slopes. Grading standards:

Slopes of paved surfaces must not be less than 1.5% in grade, nor greater than 5%;

Slopes of earth surfaces must not be less than 2.0% in grade in the general vicinity of buildings, to ensure drainage away from the buildings;

Unpaved driveways may not exceed 10% in grade. A bituminous concrete driveway apron (or other alternate material approved by the Commission or its representative) of a length of at least 15 feet, or to the existing right-of-way, whichever is greater, shall be provided for all unpaved driveways. Paved driveways may not exceed 15% in grade. Paved or unpaved driveways shall not exceed an 8% grade within the first 20 feet from its intersection with a Town road. Changes in driveway grades require vertical transition curves. Lots recorded on the land records prior to the adoption of this Subsection of the Zoning Regulations may exceed the above percentages only with the approval of the Town Plan and Zoning Commission.

Application requirements. Application for a permit under this Subsection shall be submitted on forms provided by the Commission, signed by the applicant, and all owners of the land where excavation, grading, filling, removal, or processing shall occur. The application shall include, and be submitted to the Commission with, the following:

An application fee as set forth in Chapter 5, Article VIII of the Ordinances of the Town of Woodbridge entitled Schedule of Land Use Fees, as amended from time to time;[2]

Editor's Note: See now Ch. 225, Fees, Art. I, Land Use Fees.

Thirteen twenty-four-inch-by-thirty-six-inch copies of a grading plan showing the location of the proposed operations. Such plan shall be drawn to a scale of not more than 40 feet to the inch, prepared by, and bearing the seal of, a and surveyor and a professional civil engineer licensed by the State of Connecticut, and certified to Horizontal Accuracy Class A-2 and Topographic Survey Accuracy Class T-2, as published in Connecticut Association of Land Surveyors, Inc., document dated September 26, 1996, and entitled: "Standards for Surveyors and Maps in the State of Connecticut," as may be amended from time to time.

The grading plan shall show:

The name and address of the present owner or owners of the land, and the location and names and addresses of owners of all properties within 100 feet, including property separated from the land by any road. Such names and addresses shall be as shown on the Town Assessor's current records;

The quantity and type of earth product to be excavated, graded, filled, or removed or processed and the area limits of the proposed operations. The total volume of earth materials to be removed from the site, the route to be taken by trucks, and the destination of such materials;

The total acreage of the land and the length and directions of present property lines, with dimensions on all lines to the 100-foot, all bearings, or interior angles to the nearest second, and the central angle, tangent distance, and radius of all curves;

A location key, drawn to a scale of one inch equals 1,000 feet, showing the location of the land in relation to surrounding property, all Zoning Districts, streets within 1,000 feet of the property and the Town line, if within 500 feet of the parcel;

A minimum of two permanent benchmarks;

Existing and proposed contours at two-foot intervals with relevant spot elevations and cross-sections at 50 feet on center, extending at least 50 feet beyond the land's boundaries. All such data is to be derived from a field survey for on-site existing contours, consistent with Class T-2 standards, or for an aerial topographic survey, certified to Class T-3, and aerial photogrammetry to Class TD for off-site improvements. Class TD and T-3 images shall be certified by a land surveyor licensed in the State of Connecticut;

A detailed description of the purpose and nature of the proposed operation;

Landscaping plans showing the type, location, and extent of all proposed planting or vegetation to be retained on, or restored to, the land;

Proposed vehicular access to the land and location of proposed work roadways within the land shall demonstrate safe intersection sight lines at state and Town roadways, as applicable;

The estimated number and types of trucks and other machinery proposed to be used for the proposed operation; and traffic routes proposed for the duration of the operation, including all trucks bringing or removing fill. Exempt: deposition or removal of fill that is exempt from this subsection;

The estimated starting and completion dates and the estimated hours and days of the week proposed for the operation on the land;

[12]

The location and size of any and all existing buildings, streets, monuments, recognized landmarks, or structures on the land and comparable information on adjacent properties for a distance of 100 feet beyond the parcel's boundaries;

[13]

The location of deep test pits and/or soil borings, etc., shall be published on the site plan with descriptions of soils encountered, including groundwater tables (if encountered) and rock profiles;

[14]

Size, location, invert, and surface elevations, and flow direction, where applicable, of existing water bodies, watercourses, swamps, marshes, floodplains, and wooded areas on and adjacent to the land. Accurate delineation is required for all soil types designated as inland wetlands, which shall be flagged in the field by a certified soil scientist and field located by a land surveyor licensed in the State of Connecticut;

[15]

Details of existing and proposed drainage plan, including storm drainage systems, and the proposed stormwater management. The proposed stormwater management system shall be designed to attenuate post-development peak flow rates to predevelopment levels for the one-, two-, ten-, twenty-five-, fifty-, and 100-year twenty-four-hour storm events, and be designed in accordance with the recommendations published in the 2004 Connecticut Stormwater Quality Manual, as may be amended from time to time;

[16]

The proposed plan shall contain requirements that the limits of disturbance are field staked by a land surveyor licensed in the State of Connecticut prior to the start of construction, and that a letter by a licensed land surveyor certifying completion of said staking shall be provided to the Town to confirm compliance with the record plan;

[17]

A note stating that prior to the start of the operation, certification shall be provided to the Town from the design engineer which states that the erosion and sedimentation control measures installed on the site were installed in substantial conformance to the plan of record, and to the design intent, and that no exceptions are taken;

[18]

Construction details for temporary and permanent site stabilization, and for the final restoration of the site; and

[19]

Approval box, including the words "permit Approved by the Woodbridge Town Plan and Zoning Commission," a labeled blank space for the date and signature of the Chairperson, or Secretary of the Commission.

Additional information. The Commission, upon a finding of unusual soil conditions or of insufficient data to properly assess potential hazards, may require the applicant to:

Provide additional information and further reports by a licensed professional geotechnical engineer on soil, rock hardness, slope stabilities of proposed rock and earth slopes, and groundwater conditions.

Perform additional soil investigation and reports commenting on the submitted grading plan, and proposed slopes, prepared by a licensed geotechnical engineer.

No blasting shall be permitted without approval by the Fire Marshal.

Standards and conditions.

The operation must comply with the following minimum standards and conditions:

The operation shall be carried out in conformity with the grading plan as approved and within the limits shown thereon and shall be at least 50 feet from any property line or public road, unless otherwise authorized by the Commission. No excavation of/blasting shall occur within 50 feet of any property line or public road, unless otherwise authorized by the Commission. The Commission may require greater distances if they deem it necessary;

Laboratory results from a Connecticut-certified laboratory shall be provided to the Zoning Enforcement Officer for all common fill to be obtained off-site for use on a site. Such laboratory results shall demonstrate that the common fill material does not contain total petroleum hydrocarbons (TPH), volatile organic compounds (VOC), pesticides, or heavy metals in excess of the Residential Direct Exposure Criteria, as set forth in the Connecticut Remediation Standard Regulations, C.G.S. §§ 22a-133k-l through 22a-133k-3, as amended from time to time, unless the site is used exclusively for industrial or commercial purposes and in which case the laboratory results shall not be in excess of the industrial/commercial direct exposure criteria, as set forth in said regulations;

No screening, sifting, washing, crushing, or other forms of processing shall be conducted on the land;

No fixed machinery, buildings or structures shall be erected or maintained on the land. All temporary structures which must be in compliance with applicable Town regulations shall be removed from the land not later than 30 days after termination of the operation or expiration of the permit, whichever is sooner;

Upon completion, proper drainage shall be provided to prevent collection and stagnation of water and to prevent harmful effects upon surrounding properties through soil erosion or interference with natural drainage;

No water body, watercourse, inland wetland, or existing drainage area shall be altered in any way except as approved by the Inland Wetlands Commission. No waste products or process residues from any operation shall be disposed of in any of these areas and special care shall be taken regarding filtration, sedimentation, stabilization, and water quality;

When the operation is completed or work has progressed sufficiently to where reclamation is practicable, the area affected by the operation shall then be graded or terraced, in accordance with the grading plan approved by the Commission, so that banks and slopes in disturbed areas shall be no steeper than 2:1 (horizontal-vertical). Rock slopes shall be graded to a maximum slope of 1:1 (vertical- horizontal). The Commission may approve a rock slope that is greater than 1:1 provided that the following conditions are met:

A registered professional geotechnical engineer licensed in the State of Connecticut certifies the stability of the rock slope.

A layer of topsoil shall be spread over the disturbed area, to a minimum depth of four inches after compaction in accordance with the approved final grading plan. The area shall then be seeded with a suitable grass mixture and maintained by mulching, repairing, and reseeding until the area is stabilized.

There shall be no operation conducted between 5:00 p.m. and 8:00 a.m., or such more restricted hours as the Commission may deem appropriate, nor on Saturdays, Sundays, or legal holidays, except with the approval of the Commission;

Truck access to the site shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties and shall not be carried out during school bus hours. All accesses to any operation shall be barred by a gate. Cables, ropes, chains, or similar barriers are not sufficient, except for the development of a residential lot;

If determined to be necessary by the Commission, yellow markers spaced a maximum of 50 feet apart extending a minimum of two feet above the ground surface at all times shall be placed around the perimeter of the area of the operations by a licensed land surveyor or engineer in conformance with approved grading plan;

Proper measures, as determined by the Commission, shall be taken to minimize the impact on adjacent properties of noise, flying dust or rock, and unsightly or dangerous conditions. Such measures may include, when considered necessary, wetting of access roads, screening, fencing, limitations upon the practice of stockpiling excavated materials upon the site and shall include covering of truck loads;

[12]

At all stages of the work or operation where the excavation or fill will have a depth of 10 feet or more and/or will create a slope of more than one-foot vertical to two feet horizontal, the Commission may require a substantial fence enclosing the fill or excavation. Such fence shall be at least six feet in height with suitable gates and shall be located at least five feet from the edge or top of the excavation or fill;

[13]

Access roads shall be provided and maintained with a dustless surface and crushed stone shall be placed for the first 100 feet from a public road;

[14]

No operations to create a man-made water area shall be conducted below the water level of the lot, unless specifically authorized, as part of the permit, by the Commission; and

[15]

Topsoil stockpiles shall be located so as not to obstruct natural drainage. Stockpiles that are not used within 30 days shall be seeded and mulched immediately after the formation of the stockpile;

The Commission may, upon formal application, authorize the modification of any of the standards and conditions contained in this subsection where the Commission determines the nature of the operation or the conditions of the land so warrant and the public health, safety, and welfare will not be substantially affected;

Joint application. Where two or more adjoining lots are to be considered, the Commission may treat a joint application as one application where adequate slope and/or drainage agreements are provided to allow for the necessary coordination of any operations;

Procedure. Within 65 days of the date of submission of an application for a special exception the Commission shall hold a public hearing pursuant to Section 8-26e of the Connecticut General Statutes. Following the public hearing, and after the Commission verifies the operations will conform with the purposes, standards and conditions of this chapter, the Commission may issue a permit, subject to the following conditions:

The owner shall file with the Commission a cash or surety bond, or letter of credit, in form and amount as prescribed by the Commission, to ensure the performance and completion of the operation in accordance with this subsection's provisions;

Any permit granted under this subsection shall expire one year from the date of such grant, unless specifically granted for a shorter period;

No operations are permitted after the permit expires. The Commission may, however, renew the permit for one additional year without a public hearing provided the applicant submits an updated grading plan and a written report by a state licensed land surveyor or professional engineer certifying that the operation is in compliance with the permit approved by the Commission. A written request for the permit renewal must be submitted to the Commission prior to the expiration of the initial permit. Notice of an application for renewal shall be published as a legal notice in a newspaper having general circulation in the Town; noncompliance with the conditions of the original approval shall be deemed sufficient cause for the denial of a renewal;

The applicant and the owner shall carry out the operations in accordance with the standards and conditions as set forth in Subsection N(6) and in accordance with such other limitations and conditions as the Commission may impose under this subsection;

No permit shall be transferable by the applicant, unless approved by the Town Plan and Zoning Commission;

Under unusual weather condition, the Commission may extend the permit period for not more than 30 days upon a showing by the applicant that the already completed work conforms with the approved grading plan and the applicable requirements of this subsection; and

Inspection and compliance. During the term of a permit and until the operation is completed, the Commission or the Zoning Enforcement Officer may, at any time, inspect the land to verify compliance with this subsection. The Commission may require the applicant to submit periodic written reports, prepared by and bearing the seal of a licensed land surveyor or professional engineer, showing the status and progress of the operation.

Release of Bond. Upon completion of the operation authorized by a permit and the restoration of the premises in accordance with the approved grading plan and applicable regulations and conditions, the applicant may apply, in writing, to the Commission for release of the bond filed. The bond shall not be released until the applicant's land surveyor or professional engineer has certified to the Commission by submitting record plans showing that all improvements are in accordance with the plans, shall include as-built grading plans, details of restoration measures, and any modifications approved by the Commission. Four paper prints and one transparency of each plan shall be submitted to the Commission.

(10)

Existing operation. Any existing operations, authorized by a permit issued under Zoning Regulations previous to this chapter, may continue for the term of such permit, subject to all the requirements of such permit. Upon expiration of this period, the existing or contemplated operation shall cease unless an application for a permit is approved under this subsection.

Outdoor dining. The Town of Woodbridge wishes to promote commerce in BI, GB, GBA, Dev 1, and Dev 2 Zones and recognizes that outdoor dining is an amenity that promotes pedestrian traffic and highlights the Woodbridge Gateway. The following procedures and guidelines have been established to obtain permits for proposed outdoor dining areas.

Outdoor dining is permitted when accessory to a restaurant or retail food establishments, and is permitted subject to the following conditions:

The outdoor dining area shall:

Be contiguous with the establishment with which it is are associated and may be allowed on porches or decks;

Shall be largely open to the elements and shall not be permanently enclosed with a roof or walls;

All food and beverages shall be served to the table;

Outdoor seating areas shall be exempt from providing parking spaces other than those required for the associated restaurant or retail food establishment;

Be permitted in front, side, and rear setback areas provided that they do not block or interfere with sidewalks, walkways, or emergency egress as determined by the Fire Marshal;

Close no later than 11:00 p.m.;

Not obstruct or impair vehicular or pedestrian traffic;

Not impinge on required front yard landscape areas and vegetative buffers that were planted as of the effective date of this regulation; and

Not reduce or impinge upon required off-street parking or loading spaces;

Outdoor dining areas that have a clear line of sight to a Residential District A or B, that is not blocked by a building or other opaque structure, shall be subject to review by the Architectural Review Board;

Outdoor dining areas shall be landscaped with planters, window boxes, planted pots and/or planted beds containing appropriate trees, shrubs and/or flowers that provide privacy and ambiance for diners;

Outdoor dining areas shall not exceed 50% of the floor area of the indoor dining area; and shall not exceed 50% of the number of tables/seats within the indoor dining area;

Any nonvegetative shading devices for use with outdoor dining areas shall be of an impermanent type (umbrellas, retractable awnings, temporary fabric roof structures, etc.,) provided that they are safely anchored. A temporary fabric roof structure may have rigid supports and fabric or soft (nonrigid) sides. Such areas may be heated. These areas may not be considered in the future as permanent building additions;

When not in seasonal use, all structures and furniture shall be removed from the area. When in seasonal use, tables and chairs associated with outdoor dining areas shall not be considered as outdoor storage and display;

There shall be no live or recorded music played or projected outside the restaurant building;

Litter emanating from the outdoor dining area, and from whatever area to which it may flow, shall be collected by the permittee as often as necessary during day or night to keep the area clear of litter and debris as if the outdoor dining area did not exist;

There shall be no additional signage for the outdoor dining area; and

Aside from individual table lighting, such as candles, there shall be no additional exterior lighting installed, except as may be required by the Fire Marshal. (See § 495-36, Outdoor lighting.)

(Reserved)

Nursing homes. Nursing homes are permitted subject to following conditions:

All entrances and exits shall be paved and shall have direct access to a public street;

The lot shall be served by sanitary sewers and public water; and

The facility shall be approved by the appropriate state agencies prior to the issuance of a zoning permit.

Home occupation/residence office. A home occupation/residence office is subject to zoning permit approval and to the following conditions:

Not more than 15% or 300 square feet, whichever is smaller, of the livable floor area within the then existing dwelling unit shall be so used;

The use shall not create a nuisance, hazard, noise, or generate more than infrequent visitors, delivery and/or pickup traffic; nor shall it disturb the residential character of the neighborhood;

There shall be no sale of goods to persons coming to the dwelling unit;

There shall be no sign or other display visible from the exterior of the property other than a name plate permitted in residential zones;

The use shall only be conducted by the applicant, who shall be a member of the family residing on the premises;

Not more than one part-time employee may be permitted;

Only one residential office zoning permit per dwelling unit shall be granted; and

An affidavit shall be submitted attesting to the understanding of and adherence to the above conditions.

(Reserved)

Lodging.

Bed-breakfast. Bed-breakfasts are allowed subject to the following conditions:

The establishment shall be owner-occupied;

Up to five bedrooms may be offered for lodging;

No parking shall be allowed within the front yard setback.

Motels and inns. General requirements for motels and inns include:

The size and appearance of any proposed motel or inn shall be compatible and harmonious with the character and appearance of buildings in the immediate vicinity, and shall not be detrimental to the appropriate and orderly development of adjacent lots or buildings;

No rental units shall have kitchen facilities;

Each motel or inn may contain an on-site apartment for the resident manager of not less than 900 square feet of living space;

Each rental lodging unit in a hotel, motel or inn shall contain not less than 350 square feet total occupiable floor area, exclusive of bath or balcony; and

Swimming pools, if any, shall conform to Subsection FF.FF.

Woodbridge Village District (WVD).

This chapter have been adopted pursuant to C.G.S. §§ 8-2 and 8-2j, as amended.

The purposed of this subsection is to protect the distinctive character; landscape, and historic structures within the Woodbridge Village District in accordance with the goals set forth in the Woodbridge Plan of Conservation and Development.

This chapter shall apply to all applications for new construction and substantial reconstruction or rehabilitation of properties within the WVD and in view from public roadways, including but not limited to:

The design and placement of buildings;

The maintenance of public views;

The design, street hardware, lighting, paving materials and placement of public roadways and pedestrian walkways;

Construction of new landscaped areas and regrading of existing landscaping;

Buffering and screening;

Fencing;

Signage;

Replacement of exterior structural surfaces and components, including structure colors, roofing materials, with materially different surfaces, such as a change from clapboard siding to vinyl or aluminum siding, or from stucco to wood siding, or from slate roof tiles to asphalt shingles.

This chapter do not apply to detached single-family homes.

Site plan review for the following activities or uses conducted in the WVD must receive site plan approval from the Commission before work may begin and before building permits may be granted for: construction, reconstruction, and rehabilitation of buildings; exterior changes to buildings, lots or structures that require a building permit; erection of fencing; all creation of new landscaped areas and regrading of existing landscaping; and all design and construction of public roadways and pedestrian walkways.

All applications to which Subsection U5 is applicable shall include the following information, unless specifically waived by the Commission:

Refer to § 495-42 for site plan requirements;

Detailed statement of use;

Survey or scaled plan indicating the locations of all structures on adjacent parcels and the proposed structures and site improvements;

Indication of all areas of the proposed development;

Streetscape rendering or photo montage of the proposed development and the buildings and site development on either side of it for a distance of at least 300 feet in each direction;

Samples of building, paving and other site materials, including actual colors, not photographic copies;

Details for all miscellaneous site structures including, but not limited to, trash receptacles, planters, mechanical or electrical equipment, furniture, exterior building lights, and signage;

Details or samples of all major building trim;

Statement regarding the environmental compatibility of the project;

Statement regarding attempts made to coordinate with and complement surrounding historical, architectural and design elements;

Statement regarding the history of the site;

The Commission may also require a three-dimensional model of the proposed structure or elements thereof when it deems that such is necessary to fully determine compliance with this subsection.

Architectural Review Board Review. All application for new construction and substantial reconstruction within the WVD and in view from public roadways shall be subject to advisory review and recommendation by the Architectural Review Board, consistent with the Architectural Review Guidelines for the Woodbridge Village District set forth in the Appendix 1 of this chapter.[3]

The applicant must submit a copy of its application, including all associated application materials, to the Architectural Review Board no later than the date it submits its original application an materials to the Commission.

The Architectural Review Board shall report to the Commission within 35 days of its receipt of such application. Its report and recommendation shall be entered into the public record and considered in the decision. Failure of the Architectural Review Board to report with the specified time shall not alter or delay any other time limit imposed by the Regulations.

Editor's Note: Said appendix is included as an attachment to this chapter.

The Commission may seek other reports and recommendations from any town or regional agency or outside specialist, including, but not limited to, the regional planning agency, the municipality's historical society, the Connecticut Trust for Historic Preservation and the University of Connecticut College of Agriculture and Natural Resources. Any reports or recommendations from such agencies or organizations shall be entered into the public hearing record.

For all decisions by the Commission for applications in the WVD, the Commission shall state on the record the reasons for any decision and, if the Commission denies an application, it shall cite the specific regulations under which the application was denied.

(10)

No approval of the Commission to grant an application for zoning permit or site plan review in the WVD shall be effective until a copy thereof, certified by the Chairman, containing the name of the owner of record, a description of the premises to which it relates and specifying the reasons for its decision, is recorded on the land records. Such recording shall be the responsibility of the applicant.

(11)

Criterial for determination:

The Commission shall consider the design, scale, relationship and compatibility of structures, plantings, signs, roadways, street hardware and other objects in public view.

The Commission shall follow the Woodbridge Village District Design and Landscape Standards as contained in this chapter and the recommendations of the Town Plan of Conservation and Development.

Applications shall comply with any and all specific standards and criterial set forth in applicable provisions of the Connecticut General Statutes, including but limited to those in C.G.S. § 8-2j, and more specifically including, but not limited to, the following:

That proposed buildings or modifications to existing buildings are harmoniously related to their surroundings, to the terrain in the WVD in which they are located, and to the use, scale and architecture of existing buildings in the vicinity that have a functional or visual relationship to the proposed building or modification.

That all aspects of the spaces, structures and related site improvements that are visible to the public from public roadways are designed to add to the visual amenities of the area consistent with those of the WVD in and around the proposed building or modification;

That the color, size, height, proportion of openings, roof treatments, building materials and landscaping of commercial or multifamily residential property and any proposed signs and lighting be evaluated for compatibility with the local architectural character and the maintenance of views, historic buildings, monuments and landscaping within the WVD;

That the removal or disruption of historic traditional or significant structures or architectural elements are minimized; and

That development is designed to achieve the following compatibility objectives:

The building and layout of the buildings and included site developments shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse impact on the WVD; they shall protect, fortify and enhance existing residential neighborhoods.

Proposed development shall provide for complementary, owner-occupied residential development with due consideration given to age restrictions;

Definition, creation and preservation of greens, parks and open spaces;

Proposed streets shall be connected to the existing WVD road network, wherever possible;

Open spaces within the proposed development shall reinforce open space patterns of the WVD in form and siting;

Locally significant features of the site such as distinctive buildings, vistas or sight lines shall be integrated into the site design;

The landscape design shall complement the WVD's landscape patterns;

The exterior signage, site lighting and accessory structures shall support a uniform architectural theme and shall be compatible with the surroundings;

The scale, proportions, mass and detailing of any proposed building shall be in proportion to the scale, proportions, mass and detailing in the WVD;

A pedestrian-friendly network of sidewalks;

Attract additional complementary commercial enterprises;

[12]

Upgrade streetscape on Amity Road, Litchfield Turnpike, Lucy Street and Bradley Road with new sidewalks and landscaping, benches, and village-style lamppost lighting;

[13]

Accommodate parking needs while maintaining village aesthetics.

(12)

Uses in the underlying zone shall be permitted within the WVD.

(13)

Lot size, coverage and yard requirements for any parcel within the WVD shall be as specified for the underlying zone.

(14)

Maximum building height at any location within the WVD shall be as specified for the underlying zone.

Manufacturing.

Accessory use. The manufacturing, assembling, converting, altering, finishing, cleaning, or other similar processing of products, when accessory to a retail, business, or personal service use, is permitted provided that the area used for such purposes shall be entirely within the building occupied by the principal use.

Primary use. The manufacturing, assembling, converting, altering, finishing, cleaning or other similar processing of products is permitted.

Light manufacturing (See Table 3.1.).

Heavy manufacturing (See Table 3.1.).

(Reserved)

Motor vehicle uses.

Gasoline stations, service, and repair.

The business and use of a gasoline station shall be limited to the retail sale of motor fuels, including but not limited to: gasoline and diesel fuel, lubricants, and other motor vehicle and marine supplies and parts. In addition, and provided not more than 33% of the gross floor area of the building is so used, the sale of snack foods, non-alcoholic beverages, dairy products, baked goods, tobacco products, newspapers, and health and beauty aids, may also be permitted. Services shall be limited to lubricating and servicing of motor vehicles and boats (not to exceed 32 feet in length), which include minor repairs and the replacement of tires and other accessories but expressly excludes major repairs, body work, hull work and painting, and the accessory parking and storage of motor vehicles and boats hereinafter limited;

Not more than one motor vehicle or boat for every 1,000 square feet of lot area shall be stored outside at any time, and there shall be no outdoor storage of partially dismantled or wrecked motor vehicles or boats. The number of boats which may be stored outside at any time at a gasoline station shall not exceed 20% of the total number of cars which may be permitted to be stored outside at said station. Boats shall not be stored in a front yard of a gasoline station;

The lot on which a gasoline station is located shall have a minimum lot width and frontage of 150 feet on a public street and shall have a minimum depth of 125 feet, except where larger dimensions are set forth in Article IV for a particular zoning district. Gasoline stations serving tractors and trailers having a capacity in excess of five tons shall have a minimum lot width and frontage of 300 feet;

Fuel pumps shall be set back from the street at least 25 feet. All other buildings and structures, except underground storage tanks, shall be set back in compliance with the requirements of Table 4.1. and Transect Tables T3C, T3D, and T3BB in Article IV, as they may apply. All buildings and structures shall be set back at least 50 feet from the side lot line of a contiguous lot in a Residence District. A suitably landscaped area at least 10 feet wide or six feet high stockade-type wooden fence, with finished side facing any Residence District shall be maintained between a gasoline station and a contiguous lot in a Residence District. Such landscaping or fencing shall not be located closer than 10 feet to the street line. Maximum coverage by all buildings and structures shall be limited to 50% of the site area;

All driveways, parking, or standing areas shall be provided with a dustless surface by paving with concrete, bituminous material, or other suitable permanent paving material;

No gasoline station building shall be built or maintained within 400 feet of any building of public assembly such as a church, library, school, community house, playground, or theater. No gasoline station shall be maintained or operated, and no lot shall be used for a gasoline station, with a radius of 1,500 feet of any part of any lot used or authorized by an outstanding permit for the use of a gasoline station. There shall be no outdoor display of motor vehicle accessories, tires, or any other merchandise, except that motor oil for servicing motor vehicles on the premises may be displayed on racks, designed therefor, immediately adjacent to the service station building or the filling pumps. There shall be no dumping or storage of waste materials, such as grease or oil, except in a closed receptacle or receptacles at places, and of a design, approved by the Commission. Other debris and trash shall be deposited in covered receptacles maintained for that purpose;

The use of pennants, streamers or other moving eye-catching devices is prohibited except in cases of the opening of a new station, the reopening of a station that has been closed for a period of 30 days or more, or a change in a station's major dealer or supplier, and then only for a period not to exceed 15 days after the issuance of a permit by the Enforcement Officer;

The sign provisions of § 495-21 shall apply except that small credit card, direction, telephone, or similar public convenience signs shall not be deemed to be a part of the maximum permitted sign area; and

Freestanding signs for gas stations shall comply with § 495-21.

Sales, rental, service, and repair of vehicles. Motor vehicle (including automobile, truck, recreation vehicle, trailer, boat, and mobile home) sales, rental, service (including car wash facilities), and repair are permitted subject to the following conditions:

Each lot shall have a minimum area of 20,000 square feet and shall have no more than 50 feet of frontage on one street;

Curb cuts shall be at least 25 feet from any other curb cut or street intersection;

Trash, garbage, and unusable vehicle parts shall be temporarily stored within the principal building or within a covered container or receptacle that is suitably screened from adjoining properties;

The outdoor display, exhibition, and storage of motor vehicles is permitted as an accessory use subject to the provisions in Subsection 3 LL, Outdoor storage;

Freestanding signs for these businesses shall comply with § 495-21;

Sanitary sewers and a public water supply shall serve the lot;

All hazardous materials and waste chemicals shall be stored inside on an impervious floor with some form of secondary containment;

Scrap metal or other parts in contact with lubricant shall be stored in a watertight container to prevent the accumulation and contamination of stormwater;

Solid waste material shall be stored in an appropriately sized, covered, solid waste dumpster or other water-tight container that is plugged to prevent the release of any liquids;

Waste material shall be disposed of by a licensed waste hauler in accordance with all applicable federal, state, and local regulations;

All servicing of vehicles shall be conducted indoors on an impervious surface;

All vehicle washing shall be conducted indoors;

(m)

There shall be absolutely no discharges of motor vehicle fluids or detergent chemicals to the environment; and

(n)

Any vehicles that are leaking automotive fluids shall be stored in a garage, or at minimum on an impervious surface, where the leaks can be contained and cleaned up.

Commercial Vehicle Storage, Accessory Use in Residential, T2 and T3C, T3D and T3BB Districts.

The parking or storage of commercial vehicles may be permitted in any residential district as an accessory use only, and subject to the following conditions:

Only one commercial vehicle not exceeding 11,000 pounds gross vehicle weight (GVW) may be parked or stored on a lot provided it also does not exceed 10 feet in height from the base of the wheel to the top, including any cargo, or 10 feet in cargo (box) length, subject to the issuance of a zoning permit by the Zoning Enforcement Officer;

One commercial vehicle exceeding the requirements referred to above may be parked or stored on a lot, subject to special exception approval and the following:

The Commission shall consider such factors as proposed screening; proximity to adjacent lots and buildings, the size, intended use, and hours of operation of the vehicle in question; other vehicles on the property; the character of the neighborhood;

No commercial vehicle shall exceed 13 feet, six inches in height from the base of the wheel to the top, including any cargo; and

No commercial vehicle shall exceed 26,000 pounds GVW.

All commercial vehicles, regardless of GVW, shall meet the following standards:

No vehicle shall have more than two axles;

No vehicle shall be parked so as to obstruct the view of traffic from adjacent driveways or streets;

No vehicle containing hazardous materials or waste may be parked on a residential lot, or on a lot containing any residential use;

Construction vehicles including, but not limited to, backhoes, bobcats, bucket loaders, track vehicles, shall not be allowed, except when essential to on-site construction activities;

No tanker trucks or similar type vehicles used for hauling liquids including, but not limited to, oil trucks, septic clean-out trucks, etc., shall be allowed;

All commercial vehicles shall be parked in the driveway of the occupied residential lot or a parking area leased to the residential occupant provided that no commercial vehicle may be parked closer than 10 feet to any adjacent property line;

The commercial vehicle shall be owned or operated by the permanent resident of the property on which it is to be parked;

No maintenance or repair of a commercial vehicle shall be allowed on the residential property;

There shall be no loading or unloading of commercial vehicles between the hours of 9:00 p.m. and 7:00 a.m.;

No garbage hauling, dump trucks or any other trucks that haul cargo that emit objectionable odors shall be permitted; and

No tractor-trailer, nor the tractor or the trailer, shall be parked in a residential district at any time except in connection with a moving operation.

All applications for special exceptions shall include a detailed description of the vehicle to be used including gross vehicle weight, height, total length, box length (if applicable), wheelbase, model, and make. Any permits granted shall be for the specific vehicle described in the application. Any changes to the vehicle specifications as approved shall require a new approval by the Commission;

Commercial vehicles subject to special exception approval shall be screened along the closest residential property line by appropriate evergreen trees, shrubs, fence, or a combination thereof. The Commission may consider exceptions and modifications, taking into consideration topography and proximity of adjacent residential structures;

Nothing herein shall be construed to permit a home occupation that is not otherwise permitted under the regulations. Any home occupation in conjunction with the parking of a commercial vehicle must meet the applicable requirements of this chapter, and receive a permit from the Zoning Enforcement Officer;

Nothing herein shall be construed so as to prohibit commercial vehicles parked temporarily while engaged in providing products or services to the owner of the property;

Nothing herein shall be construed to prohibit commercial vehicles that are used as part of the following:

A permitted agriculture, farming, forestry, or nursery gardening use;

A permitted earth excavation, removal or deposit activity authorized by this chapter;

A use of a facility operated by the Town of Woodbridge, the State of Connecticut, or the Federal Government; or

A maintenance facility in support of a multiple dwelling project on the lot, or in support of a special exception use, if specifically authorized by the Commission;

The storage of travel trailers, campers, boats, recreation vehicles, vans, and pickup trucks on residential properties is permitted as an accessory use subject to the following conditions:

Not more than two such vehicles shall be stored or parked on a lot used for residential purposes for a period exceeding 24 hours per month;

No pickup truck or van having a gross vehicle weight rating (GVWR) of more than 11,000 pounds shall be allowed to park for a period exceeding 24 hours per month on any residential lot unless it is in an enclosed structure;

There shall be no outside storage of construction equipment and/or vehicles except when essential to on-site construction activities;

The resident or owner of the premises shall own all vehicles and equipment;

If not in a completely enclosed structure, travel trailers, campers, boats, and recreation vehicles may not exceed 18 feet in length. Such vehicles shall be parked or stored in the rear yard, and not closer than 10 feet to any lot line;

All vehicles and equipment shall be screened from view;

Travel trailers, campers, boats, and recreation vehicles may be parked anywhere on a residential premises for a period not exceeding 24 hours during unloading or loading;

No travel trailer, camper, boat, recreation vehicle, pickup truck, or van parked or stored in any zone shall be used for living, sleeping or housekeeping purposes;

No vehicle shall have more than two axles;

No vehicle shall be parked so as to obstruct the view of traffic from adjacent driveways or streets;

No vehicle containing hazardous materials or waste may be parked on a residential lot;

The vehicle shall be owned or operated by the permanent resident of the property on which it is to be parked;

(m)

No maintenance or repair of a commercial vehicle shall be allowed on the residential property; or

(n)

No trucks that haul cargo that emits objectionable odors shall be permitted.

AA.

(Reserved)

BB.

Structured garages.

All parking structures along public rights-of-way, or where one roadway adjacent to the property is a state highway, shall be screened from public view by one or more liner buildings that include ground floor retail and/or commercial uses that will activate the street frontage. Liner buildings may be attached to a parking structure, or separated by a service alley of no more than 15 feet in width.

Facades of parking structures shall be designed such that parked vehicles are reasonably obscured from view. Facades should camouflage the incline of the interior levels from public view. One electrical charging station per 10 parking spaces is required.

CC.

Residential.

Primary Dwelling Units.

Table 3.2 Required Floor Area for Primary Dwelling Units
District	Min. Sq. Ft.	1 Story	1-1/2, 2 and 2-1/2 Stories
A	1,200	1,200	900
B	1,000	1,000	900
T3BB	1,000	1,000	850
T3C	1,000	1,000	850
T3D	1,000	1,000	850

Table 3.3 Required Floor Area for Accessory Dwelling Units
Unit Type	Min. Floor Area, Sq. Ft.
1 room	350
2 rooms (One-bedroom:)	425
3 rooms (One-bedroom:)	600

Maximum number of primary dwellings per lot. Not more than one building containing a dwelling unit or units is permitted on a lot.

Accessory dwelling units in single-family home. A single-family dwelling may be converted to allow the incorporation of one accessory dwelling unit in any zone permitting a single-family residence subject to a zoning permit and the following conditions:

An accessory dwelling unit shall have a minimum floor area of 350 square feet and a maximum floor area of 600 square feet, and a maximum of two bedrooms;

One of the occupants of the dwelling shall be the owner of record;

No accessory dwelling unit shall be located in a garage or basement unless one wall opens to grade;

An accessory dwelling unit shall be self-contained, with separate entrance, cooking, sanitary, and sleeping facilities for the exclusive use of the occupant;

No exterior change shall be made to the existing front of the principal dwelling except for dormers or windows;

Expansion of a principal dwelling shall be permitted to accommodate an accessory dwelling unit via dormer(s) or an addition beyond the existing foundation;

No accessory building shall be used or created for the purpose of accommodating an accessory dwelling unit;

The principal dwelling and accessory dwelling unit shall conform to all requirements of the applicable building, health, fire, sanitary, and zoning codes; and

In no event shall there be more than two dwelling units on any parcel in a Residential District.

DD.

Affordable housing district.

Purposes and definitions. The intent of the Affordable Housing District Regulations is to promote the inclusion of below-market-rate housing units, hereafter referred to as "affordable housing units," so as to increase the diversity of the Town's housing stock pursuant to the provisions of Sections 8-2g and 8-30g of the Connecticut General Statutes, as may be amended.

Affordable housing. As used in this subsection, "affordable housing" means housing for which persons and families pay 30% or less of their annual income, where such income is less than or equal to the area median income for the Town of Woodbridge, as determined by the United States Department of Housing and Urban Development, in accordance with the provisions of Section 8-39a of the Connecticut General Statutes, as may be amended. Affordable housing shall only be permitted in residential zones.

Affordable Housing District Development (AHD development). As used in this subsection, "AHD development" means:

A single-family detached housing development in which not less than the minimum number of the dwelling units required by Section 8-30g of the as may be amended, shall be restricted by deed to single-family use and which otherwise qualify as affordable housing as defined herein.

A single-family attached housing development in which not less than the minimum number of the dwelling units required by Section 8-30g of the Connecticut General Statutes, as may be amended, shall be restricted by deed to single-family use and which otherwise qualify as affordable housing as defined herein. Each single-family attached dwelling unit shall have independent ingress and egress to grade and no common exit access.

An elderly affordable housing development, specifically designed to meet the special needs of elderly persons and rented or sold to a person or persons, one of whom is at least 62 years of age.

Affordable housing district setback. As used in this subsection, "Affordable Housing District setback" means the area around the perimeter of the Affordable Housing District defined by the boundary of the abutting Zoning District and the boundary of the Affordable Housing District development area. (See Diagram 3.1.)

Affordable housing district development area. As used in this subsection, "Affordable Housing District development area" shall mean the area within the Affordable Housing District setback. (See Diagram 3.1.)

Affordable housing district (AHD). As used in this subsection, "Affordable Housing District" or "AHD" shall mean the area defined by the Affordable Housing District boundaries as shown on Diagram 3.1.

Procedure.

The Commission may approve an application for a zone change to establish an Affordable Housing District (AHD) in accordance with the standards and procedures set forth herein. In reviewing any such application, the Commission acts in its legislative capacity. The AHD is a zone to be designated on the Zoning Map only after approval by the Commission of the application for:

A zone change from an existing zone to an AHD;

Special exception for the AHD development plan; and

Final approval of the special exception for the AHD development site plan. Application for a zone change to an AHD, including boundary delineation based on an A2 survey standard, and simultaneous or subsequent submission of an AHD development plan for special exception shall be made to the Commission pursuant to the provisions of this chapter. Application shall be made in writing in a form provided by the Commission and shall be accompanied by a fee as set forth in Chapter 5, Article VIII of the Ordinances of the Town of Woodbridge entitled Schedule of Land Use Fees.[4] The rezone application shall include a narrative description of the reason for the establishment of an affordable housing development. The provisions of this Section, the approved AHD development plan and any conditions attached to such approval by the Commission shall constitute the regulations for the AHD. No AHD zone change shall be final until approval of both AHD development and site plans.

Editor's Note: See now Ch. 225, Fees, Art. I, Land Use Fees.

At the time of application for an AHD development plan, the applicant shall submit certification of availability and adequacy of public water supply and public sanitary and storm sewers, and written comments by the Fire Marshal and the Police Department of the Town of Woodbridge.

All site improvements shall be commenced within one year of the date of approval and completed within a period of two years from the original date of approval of the final site plan, otherwise the approval of the site plan and zone change shall be null and void unless an application is submitted for an extension before expiration of the permit and approved by the Commission thereafter.

Sale, resale and rental restrictions. To establish and preserve affordable housing, the following restrictions shall apply:

All affordable housing units for sale shall be restricted by title to require that in the event of any sale or resale, the price shall not exceed the then maximum sale price for said unit which will preserve the units as affordable housing as defined in Section 8-39a of the Connecticut General Statutes for persons and families whose income is less than or equal to 80% of the area median income or 80% of the state median income, whichever is less.

Affordable housing or elderly affordable housing units for rent shall be restricted by title to require that the rents for said units shall not exceed the then maximum rental which will preserve the units as affordable housing as defined in Section 8-39a of the Connecticut General Statutes for persons and families whose income is less than or equal to 80% of the area median income for the Town of Woodbridge, or 80% of the state median income, whichever is less.

These restrictions shall apply to i) any sale, ii) any lease or rental, and iii) any conversion to a common interest form of ownership and shall remain in effect for 30 years after the issuance of a certificate of occupancy for each affordable unit.

At the time of application for a special exception for an AHD development, the applicant shall provide proposed deed restrictions and a proposed management plan assuring that the units set aside for affordable housing will be made available to applicants meeting the relevant income criteria. Such documents shall provide for the processing, monitoring, and certification of tenant or owner selection for affordable units. The Town of Woodbridge shall be authorized to enjoin or set aside transfers or leases which do not preserve the units as affordable housing as described herein and the Town shall be authorized to recover its actual expense, including attorney's fees, for any such action.

At the time of application for a special exception for an AHD development, the applicant shall provide a financial feasibility study prepared by a certified public accountant. Such study shall detail all development costs and document that the monthly costs for affordable units will meet the requirements for affordable housing.

Administration.

At the time of final development plan approval for each AHD development the Commission shall advise the Board of Selectmen so that it may designate an agency to monitor and administer guidelines for the rental, sale, or resale of the affordable housing units. Such administrative agency may be a nonprofit corporation, an agency of the Town of Woodbridge, a Community Housing Development Corporation pursuant to Section 8-217 of the Connecticut General Statutes, as may be amended, a privately owned corporation, or other organization acceptable to the Board of Selectmen. Such administrative agency may, if authorized by the Board of Selectmen, buy the dwellings for rental or resale to qualified persons or families.

Persons or families applying for affordable housing units as their primary residence, whether for purchase or rental, shall be selected based on regulations promulgated by the administrative agency designated by the Board of Selectmen of the Town of Woodbridge.

The administrative agency designated by the Board of Selectmen shall maintain a list of eligible applicants. The agency shall require applicants seeking eligibility to certify that the affordable housing unit will be their primary residence.

Diagram 3.1 Affordable Housing District

495 Figure 3.1 Affordable Housing District.tif

Table 3.4 Bulk Regulations for Affordable Housing Districts (AHD)
			5a. Front	5b. Side	5c. Rear	6 Minimum No. of Housing Units per Acre in an AHD development Area	7 Maximum No. of Housing Units per Acre in an AHD development Area	8 Minimum Required Yards and Building Separations in Feet
								8a. Attached & Detached Housing — Yards in Feet (Exclusive of District Setbacks)			8.b Attached Housing Building Separations See Diagram 3.2.
								8a1. Front	8a2. Side	8a3. Rear
AHD (A)	12	150	150	50	50	4	8	20	10	25
AHD (B)	10	110	60	30	50	5	10	20	10	25
AHD	4	90	40	20	30	5	10	20	10	25
AHD (C)	2	75	20	12	40	8	15	10	6	20
AHD (D)	2	66	10	8	40	8	15	10	4	20

Diagram 3.2 Affordable Housing District

495 Figure 3.2 Affordable Housing District.tif

Affordable vs. other units. Affordable housing units shall be indistinguishable from other units within the AHD development and shall be reasonably dispersed throughout the AHD development. They shall be constructed to the same design specifications as other units and shall be of equivalent size and workmanship throughout. Affordable housing units shall be developed simultaneously with the development of the other units. If the AHD development is built in phases, each phase shall include its pro-rata share of affordable housing units.

Financing. To carry out the purposes of this chapter, the developer of an AHD development must provide evidence acceptable to the Commission that the affordable housing development meets the standards for approval for financial assistance from CHFA, FHA, and VA, so that moderate-income individuals or families may take advantage of the financial assistance available through these agencies.

General standards. In deciding an application for zone change under this chapter, the Commission shall make a finding about the effect of the proposed use on the following "substantial public interests" as provided by Section 8-30g(c) of the Connecticut General Statutes and in accordance with the standards set forth in Section 8-2 of the Connecticut General Statutes necessary to protect the public health, safety, convenience, and property values:

Health and crowding. The degree of population concentration and building density; accessibility to fire and police services; availability of existing public water, public sewage, and other necessary public services.

Property values. The effect on the enjoyment, usefulness, and value of the premises in the general neighborhood and consideration as to the character of the neighborhood and its peculiar suitability for particular uses, with a view to conserving the value of buildings and properties, and encouraging the most appropriate use of land throughout the Town.

Traffic and fire safety. The effect on the pattern, flow, or intensity of traffic in the streets within and accessing the AHD development.

Character of the neighborhood. The effect of the proposed AHD development on the character and quality of the abutting neighborhood(s).

Convenience. The availability of public transportation to the residents of the AHD development.

Other factors to be considered. The impact on wetlands, wells of abutting properties, groundwater tables, slope, change of runoff of seasonal streams, changes in site topography, blasting, removal of trees, the impact on historic landmarks, greenways, trails, or scenic views.

Development standards.

Density. The maximum number of units allowable shall depend i) upon the nature of the proposed site, ii) the zone of the proposed site at the time of the adoption of this chapter, iii) the relationship of the site to the adjoining neighborhood, and iv) the public services as set forth in Subsection DD(7)(a) (Health and crowding) above. Permitted density shall be based on the size of the site of the proposed AHD District.

Bedrooms. Each dwelling unit in an AHD development shall not contain more than three bedrooms; provided, however, that in an Elderly AHD development, one of the bedrooms shall be located on the first floor. A bedroom is every room other than a kitchen, living room, dining room, or bathroom, but not including open-air or screened porches, unheated or uninsulated spaces, and basements or cellars not designed to accommodate sleeping quarters.

Maximum number of units per structure. The maximum number of dwelling units per structure shall not be more than four in a single-family attached AHD and not more than eight in an elderly single-family attached AHD.

District standards.

The primary vehicular access to the buildable area shall be through the front district setback. All vehicular access shall traverse the district setback(s) as nearly perpendicular as possible. No other roads shall be permitted in the District setback.

No parking, structures, or recreation areas other than walking trails shall be permitted within the district setbacks.

Standards within the AHD development. The standards in Table 3.4 and those following shall govern the development:

Single-family detached AHD development:

Max number of stories: two.

Max height: 35 feet.

Min dwelling unit livable floor area:

[i]

One-bedroom: 750 square feet.

[ii]

Two-bedroom: 900 square feet.

[iii]

Three-bedroom:1,050 square feet.

Single-family attached AHD development:

Max number of stories: two.

Max height: 35 feet.

Min dwelling unit livable floor area:

[i]

One-bedroom: 650 square feet.

[ii]

Two-bedroom: 850 square feet.

[iii]

Three-bedroom:1,000 square feet.

[c]

Elderly AHD development:

Max number of stories: two.

Max height: 35 feet.

Min dwelling unit livable floor area:

[i]

Efficiency: 500 square feet.

[ii]

One-bedroom: 650 square feet.

[iii]

Two-bedroom: 800 square feet.

[iv]

Three-bedroom:950 square feet.

Parking. Off-street parking (including garages and outside spaces) shall be provided in accordance with the following schedule:

Not less than 2.5 parking spaces per dwelling unit in a single-family attached or detached AHD; and

Not less than 1.5 parking spaces per dwelling unit in an elderly single-family attached or detached AHD.

Utilities. All utility wiring, including but not limited to electric, telephone, and cable television services, shall be installed underground. AHD developments shall be served by adequate public water supply and adequate public sanitary and storm sewers.

Landscaping. The AHD development shall be suitably landscaped. A landscaping plan prepared by a Connecticut-registered landscape architect shall be included as part of the site plan. Landscaping shall be continuously maintained in conformance with the approved plan. A maintenance bond shall be posted therefore by the developer before a special exception is issued. The applicant shall submit a report documenting a maintenance program for all proposed elements of landscaping within common space or district setback areas.

Recreation areas. Each AHD development shall provide 25 square feet of recreational area for each efficiency or one-bedroom dwelling unit and 25 square feet for each additional bedroom.

Development plan requirements. The AHD development plan shall include the following information in schematic form:

All maps other than a location map shall be at a minimum scale of one inch equals 40 feet;

Name and address of the applicant(s); name and address of the land owner(s); signature of the land owner(s); names and addresses of all property owners within 500 feet of the proposed AHD boundaries; names and addresses of the architect, civil engineer, and landscape architect engaged by the applicant, all of whom shall provide evidence of current registrations to practice within the State of Connecticut;

The name of the project, North arrow, date of submission and scale(s) of drawing(s). A certified boundary survey conforming to the standards of Class A-2 prepared by a Connecticut-licensed land surveyor;

A location map at a minimum scale of one inch equals 800 feet, showing the location of the AHD in relation to the surrounding streets and thoroughfares, and existing zoning of the surrounding areas within 500 feet;

A topographic survey including existing contours at two-foot intervals, flood-prone delineations and boundaries of all inland wetlands and watercourses as defined by C.G.S. § 22a-38(15) and (16), prepared by a Connecticut-licensed land surveyor. The most recent USGS Topographical Survey, FEMA, and Flood Insurance Rate Map, Town of Woodbridge, may be used. Existing benchmark referenced to USGS topographic data shall be located and specified. Areas having existing slopes greater than 18% shall be clearly delineated;

Soils types clearly delineated and identified;

An overall schematic plan with existing and proposed topography which clearly identifies: proposed land uses; locations o buildings; area(s) of archeological significance; prominent natural environmental features such as large ledge outcroppings; existing trails, lakes, ponds, streams, or swamps; the proposed locations of roads, easements, buffers, recreational areas, sewage disposal, stormwater, and other major facilities;

The Affordable Housing District development area shall be delineated, identified, and the acreage calculated;

Area of AHD covered by impervious material, delineated, and identified, and including designation of corresponding coverage percentages;

A proposed utility service concept plan including electric, telephone, gas, television, sanitary sewers, storm drainage, potable water supply, and water supplies for fire protection, including an engineering report regarding disposal of stormwater drainage;

A written report addressing:

Provisions for fire protection; and

Traffic impact on the proposed project;

Schematic landscaping plan showing district setbacks, existing and proposed trails, undisturbed natural areas, landscaped and developed areas, and typical cross sections illustrating any special landscape features and developed areas, and typical cross sections illustrating any special landscape features; and

(m)

A report on the general character of the soils and geology based on published data and on-site soils testing programs which shall include a written report from a professional soils scientist and geologist that provides an analysis of the soils types on the site, their adequacy to handle the expected development, and the potential risk, if any, to nearby wells, aquifers, and primary and secondary recharge areas.

(10)

Site plan review. Prior to issuance of a building permit, a special exception for site plan shall be approved by the Commission. The plan shall be prepared by an architect, landscape architect, or civil engineer licensed to practice in the State of Connecticut. The plan shall conform to the approved AHD development plan. Any significant changes to the approved AHD development plan shall require approval of the Commission prior to site plan review and approval.

(11)

Site plan approval. An applicant seeking special exception for an AHD development shall submit a plan drawn to a scale of not less than one inch equals 40 feet, based on an A-2 survey accuracy standard, showing AHD development plan contents, as well as the following information as applicable to the particular application:

Delineation of all lots showing all property lines and location and designation of all boundary markers. All AHD boundaries shall be delineated with concrete markers;

Existing and proposed contours or ground elevations at a maximum of two-foot contour intervals. Topographic data shall be based on USGS benchmark. Delineate location of referenced benchmark;

Buildings, structures, signs, and outdoor lighting;

Roads constructed in compliance with Town road specifications, driveways, off-street parking, and loading spaces;

Inland wetlands and watercourses, storm drainage, and connections to public sewage and water supply;

Basic architectural plans of proposed buildings and structures at a scale not less than 1/8 inch equals one foot, including exterior elevations and generalized floor plans, specifying colors, materials, fenestration, and rooftop mechanical equipment, if any. All exposed mechanical equipment shall be screened in a manner acceptable to the Commission;

Landscaping (including the number, sizes, and species of trees and/or shrubs, lawn and other groundcover, and other landscape features and natural terrain not to be disturbed). Existing tree growth shall be shown on the plan and preserved to the maximum extent possible;

Construction details of all required improvements; and/or

A tabulation of the appropriate area(s), location, and bulk standards required by Subsection DD(8)(a) showing:

Existing dimensions,

Standards required by Table 3.4; and

Standards of the AHD development proposed by the applicant.

(12)

Revision of AHD development plan or site plan.

Development plan. Any change in an approved AHD development plan affecting the intent and character of the development, land use pattern, location of roads, or similar substantive changes, shall be subject to review and approval by the Commission. A request for revision of an AHD development plan shall be supported by a written statement demonstrating the reasons such revisions are necessary or desirable. Submission of a new zone change petition is not required unless the area of the AHD is revised.

If the Commission determines the changes may have a substantial effect on adjacent property owners, residents of the AHD, or the general public, or if they involve an increase in density, the Commission may cause a public hearing to be held prior to acting on said changes.

Site plan. Any change to an approved AHD development site plan must be reviewed and approved by the Commission prior to issuance of any building permit.

(13)

Performance and maintenance bond for public improvements.

As a condition of approval of an AHD development plan or site plan, the Commission may require a performance bond in an amount sufficient to secure to the Town the actual installation costs of public improvements within two years from the approval date of the AHD.

Development plan or site plan. The Commission may extend the completion date for the public improvements for additional periods as requested in writing by the developer; however, as a condition of such extension, the Commission may require an increase in the amount of the bond.

Performance and maintenance bonds established by the Commission as a condition of AHD development plan and/or site plan approval shall be posted in accordance with the provisions of Chapter V of the Subdivision Regulations of the Town of Woodbridge[5] before any site work may be commenced.

Editor's Note: See Ch. 490, Subdivision Regulations, Art. V, Insurance, Performance Bond, Certificate of Use and Compliance, Bond Release, Failure to Complete Work.

EE.

Congregate communities.

Congregate community designed exclusively for occupancy by elderly persons. Communities designed exclusively for occupancy by elderly persons (hereinafter referred to as "congregate community") are permitted subject to the following regulations:

Each congregate community shall include the following:

Assisted personal care living units. Living units to be developed either as rental or as condominium units which shall be provided with laundry and housekeeping services together with at least two meals per day as part of the basic services. All such units are to be contained in one structure arranged to provide access to centralized personal supervision. Medication and nursing services need not be provided.

Related services. An office providing medical care on demand to the residents of the congregate community must be provided on the premises.

In addition to the foregoing, the congregate community shall provide the following:

Community area or areas suitably equipped to meet the social interactional health and leisure time needs of the residents;

Transportation services if residents cannot easily walk to shopping, banking, the Woodbridge Senior Center, and other community services.

Each congregate community may also contain facilities providing for other related services or accessory uses which the applicant shall establish as directly related to the needs of the residents of the congregate community and provide for their safety, health, and general welfare;

It is recommended that the applicant meet with the staff of the Commission prior to the submission of an application under this subsection to give the applicant the opportunity to discuss the concept informally and ask any questions he or she may have in the interest of avoiding delays and excessive revisions after submission.

Commission responsibilities and criteria. For the purpose of assessment by the Town Plan and Zoning Commission, the applicant shall demonstrate the impact of the proposed congregate community on the following:

The size and intensity of the proposed use;

The proximity of the same or similar uses which would unduly concentrate types of uses in a particular neighborhood;

The nature of the proposed site, including its size and shape and other topographical features;

The location, height, arrangement design, and nature of any existing and/or proposed building and appurtenance;

The number, location, and arrangement of off-street parking and loading spaces, and the nature of vehicular and pedestrian access to the site to avoid undue hazards to traffic and traffic congestion on any street;

The capacity of adjacent and feeder streets to accommodate peak traffic loads and traffic hazards that may be created or aggravated by the proposed use and the resulting traffic patterns created or burdened by the use;

The nature of the surrounding area and the extent to which the proposed use and its features and appearance will be in harmony with the surrounding area, including the effect upon property values in the neighborhood;

Fire, police, and ambulance protection access needs of the neighborhood as well as the Town as a whole;

The availability and adequacy of the public water supply, public sewage disposal facilities, and drainage and erosion controls;

The proximity of dwellings, emergency facilities, churches, schools, public buildings, and other places of public gatherings; and

The effect of the proposed use on the purpose and intent of this chapter and the Plan of Conservation and Development of the Town.

Qualifying standards. No tract of land shall be considered for a congregate community unless it meets the following minimum standards:

The tract shall consist of a single lot or a number of contiguous lots under one ownership or control having a total area of not less than 10 acres in a Residence B District;

Table 3.5 Minimum Livable Floor Area
Unit Type	Residence B
Efficiency	400 square feet
One-bedroom	550 square feet
Two-bedroom	650 square feet

The maximum number of assisted personal care units in a congregate community shall be determined by allocating the total area of the tract of land (excluding areas containing wetlands, water bodies, and grades steeper than 18%) in accordance with the following schedule and conditions:

There shall be not more than 10 assisted personal care units per acre in a Residential B District;

The maximum building area shall be 25%;

No building shall contain more than 120 assisted personal care living units;

Each personal care living unit shall contain no more than two bedrooms. The livable floor area in Table 3.5 shall be required as measured to the outside walls of each unit.

No building shall extend within 75 feet of any state highway, or 50 feet of any street line. In a Residence B District, no building shall extend within 50 feet of a side lot line, or rear lot line. No building shall exceed three stories or 45 feet height;

Parking spaces shall be provided in accordance with the following schedule: Three-quarters paved parking space for each efficiency unit or one-bedroom unit, and 1 1/2 paved parking spaces for each two-bedroom unit; provided, however, that one paved parking space shall be required for each three units that are reserved exclusively as special care units. Special care units shall be so designated on the site plan, but not more than 1/3 of the units in a congregate community may be so designated. In addition, one paved parking space for each employee on the full-time shift;

All utilities shall be underground;

No building containing assisted personal care living units shall exceed a length of 200 feet in a Residence B District, and no exterior wall of such building shall exceed 50 feet in length in an unbroken plane without an offset of at least five feet;

Public sanitary sewer and public water supply shall be required; and

The rubbish areas and outside utilities shall be fenced and screened from view by suitable shrubbery and/or the construction of a closed picket or screen-type fence.

Additional conditions and safeguards. In granting any special exception for a congregate community the Commission shall attach such additional conditions and safeguards as the Commission deems necessary to protect the health, safety, and welfare of nearby properties including but not limited to the following:

Requirement of setbacks greater than the minimum standards required by this chapter;

Requirement of screening of parking areas or of the parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Commission. Modification of the exterior features or appearance of any structure where necessary to be in harmony with the surrounding area;

Regulation of the number, design, and location of access drives or other traffic features, including pedestrian ways;

Requirement of off-street parking or other special features beyond the minimum required by this chapter or other applicable codes or regulations;

Regulations of the number, type, and location of outdoor lighting facilities, shielded to protect their view from abutting properties;

Additional data plans, including architects' plans or drawings, required by the Commission to be submitted by the applicant or his duly authorized agent in support of his application;

A report by the applicant's engineer detailing the site improvement costs by item (showing unit cost basis) for the proposed development of the congregate community and the posting of a completion bond therefor in an amount and form satisfactory to the Commission;

All plans and reports submitted by the applicant with the application shall be signed and sealed by professionals who are licensed to practice in the State of Connecticut;

Suitable landscaping of parking areas and areas surrounding structures.

Open space requirement. At least 20% of the total area of the lot or lots on which the congregate community is being constructed shall be set aside for permanent open space. Such open space shall not include land devoted to streets or parking areas, but may include, with the approval of the Commission, land within the minimum setback areas required herein. All of said open space shall be set aside by deed restriction or dedication as the Commission shall specify.

Recreation area. In addition to the open space requirement herein, the Commission shall require the development of outside active recreation areas suitable to serve the occupants of a proposed congregate community. Such recreation area shall contain at least 25 square feet of lot area for each efficiency or one-bedroom unit, and at least 50 square feet of lot area for each unit containing two-bedrooms.

Application. All applications, hearings, and decisions shall comply with the requirements of the regulations and codes of the Town and the General Statutes of the State of Connecticut, as amended, and each application for a special exception shall include an application for site plan approval and shall be made in writing accompanied by 13 copies of all reports, maps, and supporting documentation and a fee as set forth in Chapter 5, Article VIII of the Ordinances of the Town of Woodbridge entitled Schedule of Land Use Fees, as amended from time to time,[6] showing:

Site plan. A site plan in compliance with § 495-41 of this chapter;

Architectural plans. Preliminary architectural plans of all proposed buildings, structures, and signs, including general exterior elevations, perspective, demolition drawings, and generalized floor plans including drawings for proposed signs;

Sanitation and water supply letters. A letter from the Woodbridge Sewer Authority indicating that there is adequate sanitary capacity available. A letter from the Regional Water Authority that water supply will be furnished;

Other. The Commission may by resolution waive the submission of all or part of the information required by this chapter if it finds that the information is not necessary in order to decide on the application.

Editor's Note: See now Ch. 225, Fees, Art. I, Land Use Fees.

Revisions. Any revision of an approved special exception application and/or any reconstruction, enlargement, extension, moving, or structural alteration of an approved special exception use, or any building or structure in connection therewith shall be submitted to the Commission for approval. The Commission may approve any revision without a public hearing unless it deems such revision to be a substantial and material change to the previously approved special exception use or application, in which event it shall require submission of a special exception application as for the original application.

Determination by the commission. The Commission shall determine that the proposed use and site plan meets the standards enumerated and may require such additional evidence as it deems necessary to assure the completion of the congregate community and may obtain technical advice at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application.

FF.

Swimming pools, tennis courts, and other personal recreational structures. Recreational structures for the personal use of a family resident on the premises are permitted by administrative sign-off on single-family residential properties, and are deemed to be accessory uses. The following provisions apply:

Light sources shall not be visible beyond the boundaries of the lot.

Suitable planting or other means to conceal the pool and to reduce noise shall be provided between the pool and adjoining residential property.

The pool shall be safeguarded by means of a suitable fence or other device.

The pool is not closer to any side, rear, or front lot line than required by the front, rear, and side setbacks in Table 4.1, Table of General Bulk Regulations, for the District in which the property is located.

GG.

Retail. Retail stores are permitted subject to Table 3.1, Allowed Uses by Zone, and the following conditions:

All public utilities shall be located underground. Exception: The Commission may waive this requirement provided engineering data substantiates that such placement is impractical;

The gross floor area of any individual retail store shall be limited to a maximum of 75,000 square feet.

Design Standards for Stores over 20,000 square feet The following are required in addition to the standards set forth in Article V of this chapter:

The Commission may require design features on any facade;

All stores must be accessible to pedestrians and bicyclists. Where practicable, stores that border two or more public streets shall have a minimum of one entry from each street;

Landscaped sidewalks that link store(s), parking, transit stops, and crosswalks must be included on the site plan;

Exposed concrete masonry units may not constitute more than 33% of finish material on front or side facades.

HH.

Liquor establishments.

Permitted establishments. The following types of establishments, as defined by Connecticut General Statutes, that sell or serve liquor or alcoholic beverages are permitted in Woodbridge by special exception:

Grocery store beer permit;

Motels and inns;

Restaurant, including one operated in conjunction with a golf club;

Package store;

Cafe;

A manufacturer of beer;

Catering establishment, of not more than 3,500 square feet in size, including one operated in conjunction with a golf club;

Concession permit, but only in conjunction with a golf club; and

Manufacturer beer and brew pub.

All other types of establishments that sell or serve liquor or alcoholic beverages are prohibited, except that this chapter are not intended to apply to permits not subject to local option vote under state law. Any establishment that sells or serves liquor or alcoholic beverages must also have a valid permit for that use granted by the State of Connecticut Liquor Control Commission, prior to beginning operation, sale, or serving of liquor or alcohol.

Distance requirement.

Except for restaurants in the B, BI, GB, GBA, and Dev 1 Zones operating under Connecticut General Statutes, businesses in the BI, GB, GBA, and Dev 1 Zones operating under a manufacturer of beer permit under C.G.S. § 30-20(b), and golf clubs including a catering hall of not more than 3,500 square feet in size and/or restaurant and/or concession stand operating respectively under Connecticut General Statutes, no building or premises shall be used, and no building shall be erected or altered, for use as a liquor establishment if any part of such building or premises is situated on any part of a lot within a 500-foot radius in any direction of any lot used for, or upon which is located any building used for:

Any single-family or multiple-family residential use;

Any public or private school, or any other educational facility attended by persons under the age of 18, including, but not limited to, after-school programs, pre-school and day-care facilities, children's museums, camps, and athletic leagues;

Any church or other religious facility or institution;

Any public park; or

Any library, community center or teen center;

Said distance of 500 feet shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.

Special exception required.

No building, lot, or premises shall be used, altered, extended, or enlarged for use for the sale of, or exchange of, spirituous liquors at wholesale or retail establishments, whether for consumption on the premises or otherwise, nor for the storage or manufacture of spirituous and alcoholic liquors for purposes of sale or exchange, unless and until a special exception for such use has been approved by the Commission. Any use of land or building(s) which requires the issuance of a permit by the State of Connecticut Liquor Control Commission, pursuant to Connecticut General Statutes Chapter 545, shall be deemed to be a liquor establishment under this subsection, and shall be prohibited unless a special exception is issued for such use.

In granting or denying a special exception, the Commission shall consider the following standards and objectives, and may impose conditions upon the granting of any special exception to assure that these standards and objectives are satisfied:

The applicant shall provide vegetative screening, fencing, or other visual buffers to provide adequate buffering for surrounding uses. The parking lot shall be well-lit and designed so as to discourage loitering;

The location and height of all structures, and the nature and extent of the landscaping on the lot are such that the use will not hinder or discourage appropriate development and use of adjacent properties;

The parking and loading facilities are adequate and properly located for the proposed use, and the entrance and driveways are laid out for maximum safety;

The proximity and concentration of other uses serving or selling liquor or alcoholic beverages in an area shall be considered by the Commission, and the Commission may deny a special exception or impose additional protective conditions where multiple uses serving alcohol are concentrated in one area; and

In addition to the provisions of Table 3.1, the proximity of other land uses such as schools, churches, houses of worship, residences, community centers, and nursing homes may be considered, as these uses may be particularly sensitive to possible negative effects of serving or selling alcohol.

II.

(Reserved)

JJ.

Fire arms and associated goods.

Uses permitted. These provisions exist to protect neighborhoods, minimize conflict between adjacent uses and the surrounding area, and to assure the health and safety of the general public by providing additional standards for review of a proposed location of a gun shop and to prevent a concentration of such uses. Gun shops shall be permitted in the GB Zone by special exception subject to the distance restrictions, supplementary review standards, and conditions of approval as specified herein.

Distance restrictions.

No establishment for the sale of guns, firearms, and associated goods including ammunition and gun sights shall be permitted to locate, relocate, or remove to any location where the property line of such location is within 200 feet from the property line of any:

Public or private elementary or secondary school;

Senior or community center;

Teen center;

Day care;

Church or house of public worship;

Public recreation area;

Residential district and predominantly residential planned development.

Distance limit between gun shops. No gun shop shall be permitted within 1,000 feet of another such use.

Measurement of distances.

The distance between gun shops shall be measured from property line to property line. However, where a gun shop is located within a structure of more than 25,000 square feet, the distance shall be measured from the outside entrance of such location;

To demonstrate compliance with the required separation distances, all applications must include a site plan prepared by a licensed surveyor showing the required distance delineations whether any public or private elementary or secondary school, or boundary of the residential district, senior or community center, teen center, day care, church or house of public worship, public recreation area, or residential district and predominately residential planned development is situated within the required separation distances as shown on the submitted site plan.

Supplementary review standards. Sale of guns, firearms, and accessory goods including ammunition has a greater potential impact on surrounding uses and the surrounding area compared for the public need for them at particular locations. For this reason, the supplementary standards herein shall be considered, where appropriate, when considering such special exception use:

The presence of physical concentration of pawn shops, second-hand goods stores, bars, package permits, adult businesses, or other such uses; and

Known locations where loitering, drug sales, violent crime, or prostitution have regularly occurred over substantial time periods, as documented by the department of police services or other governmental agencies.

Additional conditions of approval. Because of the unique safety and security needs of gun shops and the potential impact on surrounding uses and the surrounding area compared for the public need for a gun shop at a particular location, in addition to following the strict guidelines required by the State, the Commission may require any of the following as additional conditions of approval:

Exterior lighting or site fencing;

Limited site access during nonbusiness hours by means of fences, chains, or means specified by the Commission; and

A security system installed and approved by the Town Building Official, the Police Chief, and the Fire Marshal.

The Commission shall require compliance with provisions of federal and/or state law regarding guns, firearms, sights, and ammunition, including, but not limited to, assault weapons, gun locking devices and warnings, and minimum age transfers.

KK.

Schools. Schools are allowed subject to Table 3.1, Allowed Uses by Zone.

LL.

Storage. (Reserved)

MM.

Warehouse storage and wholesale sales with indoor storage. (Reserved)

NN.

Outside storage.

The outside storage of any materials, objects or vehicles in A, B, T3C, T3D, and T3BB Residence Districts where such outside storage is not a customary accessory use to the principal use of the property, as permitted by this chapter, is prohibited unless such stored materials, objects, or vehicles are screened from view on all sides by plantings, opaque fencing, or other appropriate screening devices and also complies with the provisions of Subsection Z.Z. This prohibition includes, but is not limited to, the outside storage of camp trailers, boats and boat trailers, refrigerators, unregistered or unused motor vehicles, and unused machinery and equipment of any kind. Outdoor storage shall comply with the following conditions:

No outdoor storage shall be located within a frontyard setback, except that in instances of existing buildings such front yard requirement may be reduced to the existing building line.

Exceptions: The terms of Subsection NN(1) above shall not apply to:

The temporary outside storage of building materials supplies and equipment being used in any construction on the property on which the same is stored and for which a required permit has been duly issued and is in force; or

The temporary storage of farm machinery on the property on which the same is used and the temporary storage of farm produce on the property on which it was produced.

Outside storage in the T2, BI, GB, GBA, Dev 1 and Dev 2 districts.

Where such storage or display is otherwise permitted by this chapter, the outdoor storage or display of materials, objects, or vehicles including, but not limited to, the storage or display of merchandise, supplies, machinery and other materials, and the outside manufacture, processing, or assembling of goods, shall be allowed except for the following:

Parking of registered motor vehicles in daily use;

The temporary outside storage of building materials, supplies, and equipment used in any construction on the property on which the same is stored while construction is occurring, and for which a required permit has been issued and is in force;

The temporary storage of farm machinery on the property on which the same is used and the temporary storage of farm produce on the property on which it was produced.

Display of new or used merchandise for retail sale or for rent (other than motor vehicles) shall be permitted outside during business hours only, and such merchandise shall be completely enclosed within a building or suitable enclosure or be completely screened from view on all sides at all other times. The outdoor display of new or used motor vehicles for sale at retail sale or for rent shall be permitted at all hours in GB, GBA, BI, and Dev I;

Lighting of outdoor storage or display area shall be permitted, but lights shall be of such a type and so located that their source is not visible beyond the boundaries of the lot on which they are located;

All other outside storage or display of materials, objects, or things [except that referred to in Subsection NN(2)(b)] shall be screened from view on all sides, by plantings, opaque fencing, or other appropriate screening devices and may be undertaken only after receipt of a special exception issued by the Commission for such purpose and subject to such conditions as the Commission may impose to prevent damage to adjoining property and to protect the health, safety, convenience, and welfare of the community, as well as the conservation of the value of buildings and the use of land. Such conditions may include:

The submission of a map at a scale of one inch equals 40 feet of the premises and surrounding area within 100 feet showing property lines, buildings, uses, and storage arrangements;

Specific provisions as to the method and type of screening and the appurtenant landscaping;

Compliance with all other pertinent requirements of this chapter;

A time limitation not exceeding three years from the date of granting of such permit. Prior to the expiration of said permit, an application for renewal thereof must be filed.

Any outside storage which is in existence on the effective date of this chapter and for which a permit is required under the provisions of this chapter shall, within 120 days from the effective date of this amendment, have complied with all the requirements for obtaining a permit.

Trash containers, dumpsters and solid waste disposal and design. In T1, T2, BI, GB, GBA, Dev 1, and Dev 2, all trash containers, dumpsters, and trash compactors shall be appropriately screened and maintained, and placed on concrete pads. Concrete pads shall be bermed on three sides to retain fluids. Dumpsters shall be plugged and covered. Dumpsters shall not be located within required setbacks when abutting a residential or mixed-use property. (See Section 4.D[7] for allowed location on lot.)

Editor's Note: So in original.

Curbside removal of waste. Regulated per § 485-15 of the Woodbridge Code.

Transfer station. Regulated per Chapter 485 of the Woodbridge Code.

OO.

Telecommunications facilities.

The purposes of this Subsection are as follows:

To accommodate the need for telecommunications facilities while regulating their location and number;

To minimize adverse visual effects of these facilities through proper design, siting, and screening;

To avoid potential damage to adjacent properties from the telecommunications facilities;

To encourage shared or joint use of telecommunications facilities; and

To reduce the number of telecommunications facilities and sites needed in the future to a minimum.

Standards for approval. No special exception for telecommunications facilities will be granted except in conformance with the following standards:

Telecommunications facilities shall be located in the following order of preference:

On existing structures such as buildings or existing communications towers, or other such method for providing a co-located telecommunications facility;

In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening or least impact on the surrounding area;

On new communications towers on bare ground in Business and Industrial Districts, General Business Districts, Dev 1, and Dev 2;

On government or institutional structures in residential districts; and

On new communications towers in residential districts, in locations where the existing topography and vegetation provide the greatest amount of screening or least amount of impact on the surrounding area.

Applicant responsibilities and criteria. Before a special exception may be approved, the applicant must demonstrate to the satisfaction of the Commission that the proposed location is necessary to satisfy its function in the company's grid system. Where a new telecommunications facility is proposed in a residential district, the applicant must demonstrate that no existing structures are suitable or available and that the location in a nonresidential area is not feasible. To make such demonstration, the applicant must respond to the following criteria:

Provide information showing how the proposed telecommunications facility meets its technical requirements and documentation showing the lease or other legal document which grants permission to the applicant to erect the tower or facility on the proposed site;

Demonstrate that it has made a reasonable effort to identify alternative sites to the proposed site, taking into account the preference specified in Subsection OO(2)(a) above and that the proposed site is preferable to the alternatives for significant technical, business, or financial reasons;

The proximity of the facility to same or similar uses would not unduly concentrate types of uses in a particular neighborhood;

For new communications towers or structures, joint use shall be accommodated and provided for, and this shall be considered by the Commission when regulating height requirements. To minimize the number of antennae or communications towers in the future, proposed support structures shall be required to accommodate other users, if technically and structurally feasible, including other communications companies and public emergency service providers at no cost to the municipality;

For all telecommunications facilities, the Commission may require the applicant to take reasonable steps to screen and mitigate any adverse visual impacts. Such steps may include landscaping, fencing, painting, or similar measures. Service yards or outside storage of materials shall not be permitted and all buildings shall conform to the general style of architecture of the neighborhood;

No lighting of any telecommunications facility will be allowed except where required for public safety as determined by the Commission or the Federal Aviation Administration;

No commercial advertising is permitted on any telecommunications facility;

No telecommunications facility shall exceed the height required to satisfy the technical requirements of the telecommunications facility and this shall include other carriers added into the design of the telecommunications facility;

All plans shall be prepared in compliance with § 495-42B(3) and must be signed and sealed by a professional(s) licensed in the State of Connecticut.

Adequate parking must be provided for the intended use and maintenance of the telecommunications facility; and

Any telecommunications facility which is not used or maintained for a period of 12 consecutive months shall be removed. As part of such removal procedure, the lessor or owner must provide notification to the Commission when such facility is no longer in use and the date of its removal. Failure to remove the Tower upon termination of its use within 30 days shall be cause for the Town to remove the tower at lessor's or owner's expense.

Additional requirements. Applicants must submit information depicting the locations of the proposed telecommunications facility and respond to the following criteria:

Such location information may include sketches or photographic simulations necessary to visualize the proposed telecommunications facility;

Provide studies which illustrate the areas served by the proposed facility within the existing and/or proposed telecommunications network, including sites that were rejected for which the facility applied;

The Applicant shall demonstrate in the application that the proposed use, location, and plan meet the standards enumerated within Subsection OO(2), and the Commission may require such additional evidence as it deems necessary to insure compliance with this chapter. As a part of such effort, the Commission may retain the technical advice of a third party to review the accuracy of the representations of the applicant, and any associated costs shall be paid by the applicant in advance. Such prepayment by the applicant shall be a condition of further consideration of the application by the Commission;

The applicant shall certify full compliance of the proposed telecommunications facility with the Federal Aviation Administration and the Federal Communications Commission current and/or amended standards, and state and local building codes;

The Commission may impose conditions necessary to minimize any adverse impact of the proposed telecommunications facility on adjoining properties prior to the issuance of its approval for a special exception and attach other special conditions applicable to individual site conditions;

The applicant shall provide written evidence that additional antennae can be accommodated on the new communications tower;

The communications tower shall be located at a distance equal to its height plus 50 feet from any property line of an existing residence and no property line of any residence which may be erected in future shall be closer than the height of the Tower plus 50 feet; and

The application fee for the special exception shall be as set forth in Chapter 5, Article VIII of the Ordinances of the Town of Woodbridge entitled "Schedule of Land Use Fees," as amended from time to time.[8]