There are certain uses which, because of their nature, cannot be distinctly classified or regulated so as to be uniformly permitted in a particular zoning district, without:
Careful consideration of the impact of such uses upon the site and surrounding area. Careful evaluation of the public need for such uses in the particular locations proposed.
Such uses, therefore, shall be treated individually through the use of a special exception regulation.
11.01.210 
Applications. All appeals and applications made to the Planning and Zoning Commission shall be in writing, on forms prescribed by the Commission. Each appeal or application shall fully set forth the circumstances of the case and shall refer to the specific provision of the regulations involved. Each shall exactly set forth the interpretation that is claimed and the use for which the special exception is sought.
11.01.220 
Fees. At the time of filing an application, the applicant shall submit an application fee, plus the cost of transcribing the proceedings of such hearing should the Commission require transcription for any purpose, including, without limitation, court action.
11.01.230 
Public hearing. The Commission shall hold a public hearing on all applications and appeals and notice such hearings in accordance with the provisions of Section 8-3c(b) of the Connecticut General Statutes.
11.01.231 
The applicant shall provide written notice of the time and place of such public hearing to persons who are owners of land which is within 500 feet from the land which is the subject of the hearing.
11.01.240 
Commission action. The Commission shall decide each case within the time period allowed by Section 8-7d of the Connecticut General Statutes. Notice of the decision of the Commission shall be published in accordance with State Statutes.
11.01.241 
Normal voting requirement. Commission may grant said special exception upon the affirmative vote of a majority of the Commission (including alternates designated to sit for absent members).
11.01.242 
Voting required by petition. If the owners of 20% or more in area of all land (other than streets) lying outside of, but within 500 feet of each boundary line of the property proposed for a special exception object to the proposed special exception in writing prior to Commission action, then the Commission may grant said special exception only upon the affirmative vote of at least four members of the Commission (including alternates designated to sit for absent members).
11.01.310 
Standard requirements. The applicant shall provide the same maps and other documentation required of a site development plan application in Sections 595-10.01.400 and 595-10.01.500.
11.01.320 
Accessory apartments. Accessory apartment applications shall be exempt from Section 595-11.01.310.
The following conditions and criteria shall be met by all uses permitted only by special exception. The Commission shall not grant a special exception unless it finds that all these criteria have been or will be met.
11.01.410 
Use requirements. The proposed use shall:
(a) 
Satisfy the criteria in of the Site Development section.[1]
[1]
Editor's Note: See Art. X of this chapter.
(b) 
Be consistent with the intent and purpose of these regulations.
(c) 
Comply with all applicable sections of these regulations and all other applicable Town and State laws, ordinances, regulations or codes, including, without limitation, the Town Sanitary Code,[2] and State Health Code.
[2]
Editor's Note: See Ch. 621, Art. I, of this Code.
(d) 
Be consistent with the purpose and intent of the Plan of Conservation and Development, and the proposed use is one which is permitted to be established within the district in which the subject site is located, subject to the approval of a special exception.
11.01.420 
Condition requirements. The following conditions shall be met:
11.01.421 
The location, type, character, and size of the use, and of any building or other structure shall be in harmony with the appropriate and orderly development of the town and the neighborhood, and will not hinder or discourage the appropriate development and use of adjacent property.
11.01.422 
The architectural design, type, size, location, and use of any structure shall be in harmony and consistent with the design of other buildings on the lot and neighboring properties within 1,000 feet of the perimeter of the lot for which the special exception is sought.
11.01.423 
The proposed use shall not depreciate adjacent property values.
11.01.424 
Construction proposed on the site shall be carried out so as to utilize the site in a manner which results in the least defacement of the natural features thereon, such as trees, rock outcroppings, etc.
11.01.425 
The site on which the proposed use is to be located shall be suitably landscaped to protect the neighborhood and adjacent property, and the proposed use of the property will not result in the loss of any existing buffering. Adequate buffering shall be provided between the proposed use and the adjacent property shall be provided.
11.01.426 
The nature and location of the proposed use, and of any building or other structure in connection therewith, is such that there is adequate access to it for the purpose of fire protection, police protection, and other emergency services.
11.01.427 
The streets serving the proposed use shall be adequate to carry all prospective traffic. Adequate provision shall be made for entering and leaving the subject site in such a manner that no undue hazard to traffic or undue traffic congestion shall be created.
11.01.428 
The lot shall contain the minimum area required for the special exception use.
In granting any special exception the Commission may impose conditions as appear to the Commission to be reasonable to protect or promote:
(a) 
The rights of individuals;
(b) 
Property values;
(c) 
The environment;
(d) 
Public health, safety, and welfare;
(e) 
Sound planning and zoning principles;
(f) 
Improved land use, site planning and land development; and
(g) 
The better overall neighborhood compatibility.
Such restrictions may concern, without limitation, the components of the site plan: building location, size and layout, distribution of and relationship between uses and structures, vehicular and pedestrian circulation, parking, open space, landscaping and screening, signs and lighting, and the design and architectural treatment of all structures.
11.01.610 
Zoning permit. Following the granting of a special exception by the Commission, a zoning permit shall be issued by the Zoning Enforcement Officer.
11.01.620 
Building permit. A building permit must be obtained within two years of the date that the special exception was approved by the Commission unless an extension is granted by the Commission.
11.01.630 
Deviation from a special exception. A deviation from an approved special exception is permitted only when an application to amend the special exception has been submitted by the applicant and approved by the Commission.
11.01.640 
Compliance with special exception. For any special exception or amendment thereof, the use, buildings and other structures shall comply in all respects with the application, site plan, architectural plan, and the conditions imposed by the Commission. Any deviation from this requirement shall be considered a violation of these regulations and shall be cause for the rejection or revocation of a zoning permit, the refusal of a certificate of zoning compliance, or the institution of such enforcement actions and/or imposition of penalties as are authorized by the General Statutes.
11.01.650 
Special exception amendments. Special exception amendments applications can utilize the information previously submitted for the original special exception and any other additional information shall be submitted as required by the commission for application review. Additional information for any proposed site alterations may include but is not limited to a new site plan, building details, parking, lighting, stormwater systems, etc.
[Added effective 8-17-2009]
11.01.660 
Special exception uses in existing special exception property. Special exception use applications for properties that already have a special exception for the entire site can utilize the information previously submitted for the original special exception and any other additional information shall be submitted as required by the commission for application review. The application shall include any requirements of the specific zoning regulation allowing the special exception use. Additional information for any proposed site alterations may include, but is not limited to, a new site plan, building details, parking, lighting, stormwater systems, etc.
[Added effective 8-17-2009]
11.01.670 
Minor changes to special exceptions. Minor changes in an approved special exception are acceptable with the written approval of the Town Engineer or the Zoning Enforcement Officer and the Chairman of the Planning and Zoning Commission provided such changes shall in no way affect the overall layout, design, density, impact or nature of the special exception. Such minor changes may include, but are not limited to:
[Added effective 8-17-2009]
(a) 
The locations of catch basins, manholes and other technical aspects of drainage;
(b) 
Slight alterations of the locations of roads, parking facilities, structures or buildings due to unforeseen topographical or geological features; slight alterations of finished contours;
(c) 
Minor rearranging of exterior lighting.
If the Town Engineer or the Zoning Enforcement Officer have any question as to whether such a proposed change is minor, such change shall require the review and written approval of the Commission.
[Added 7-26-2010]
A special exception may be withdrawn under the following conditions:
11.01.710 
If a building permit has not been obtained within two years as specified Section 595-11.01.620, the special exception shall become null and void.
11.01.720 
Whenever the Commission shall find, in the case of any special exception granted under the provisions of this section, that any of the terms, conditions, or restrictions upon which such approval was granted are not being complied with, the Commission may rescind and revoke such approval after giving due notice to the owner of record of the property involved and the applicant for the special exception.