Nurseries, greenhouses and garden centers including facilities for the wholesale and retail sale of products ordinarily grown and/or sold at nurseries, greenhouses or garden centers, subject to the conditions set forth in § 30-8.1C.

(3)

Signs, subject to the requirements of § 30-10.4A, C, and E.

Conditions.

(1)

Use as a nursery, greenhouse or garden center may be accompanied by a single-family residential use.

(2)

In no case shall more than one residential structure be permitted per lot.

Inapplicability of certain general provisions. The following sections shall not apply to buildings directly related to the growth, storage and/or sale of nursery, greenhouse or garden products: §§ 30-10.1J and 30-9.3.

Procedure. With any application for a Garden Zone (GZ) Floating Zone, the applicant must submit a site plan showing the following:

(1)

Existing roads, driveways, loading and parking areas, if any;

(2)

Existing walkways and sidewalks, if any;

(3)

Existing topography;

(4)

Existing drainage, if any; and

(5)

Existing buildings or structures, if any.

Use variances. Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district specifically allowed by the Planning and Zoning Commission under § 30-8.1H.

A Site Plan showing the proposed improvements or development of the site must be submitted for approval to the Commission within a six-month period of time following the approval of the "Special Floating Zone" or the zoning approval will become null and void and the parcel of land will return to its original zoning classification.

(1)

Exception for expansion of existing garden zone. When an application is made for approval of an expansion of an existing Special Floating Zone - Garden Zone, then the provisions of § 30-8.1G above shall not apply, and a Site Plan containing all information required under § 30-13.2 must be submitted for approval to the Commission when new construction, changes in or on a site, or changes of the exterior of a structure on the site is proposed, unless determined to be a Minor Modification pursuant to § 30-13.2A(1)(b).

In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.

(1)

More than 40 off-street parking spaces are required or;

(2)

The aggregate square footage for all structures on any parcel exceeds 25,000;

(3)

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

(4)

Lot coverage of 45% or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off-site.

(5)

A structure with a height exceeding 2 1/2 stories or 35 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

(6)

Message board sign by approval of both a Site Plan and Special Permit.

§ 30-8.2 Planned Development Zone (PDZ): Gerber Farm Area.

Purpose. The purpose of this district is to allow orderly development consistent with the Town Plan of Conservation and Development, while taking into account the economic development, fiscal improvement of the community, potential negative impacts on traffic, conservation, neighboring residential areas and critical natural resources, including the protection of the Hockanum River. This zone is directed at fostering a compatible mixture of residential, commercial, and light industrial uses through the use of appropriate placement of building and parking areas, as well as the use of significant landscape buffers to provide an effective transition between dissimilar uses.

Area and yard requirements.

	Standard Requirement	Abutting Residential*	Aggregate Building(s) Footprint(s) Exceeds 40,000 Square Feet**
Minimum lot area	1 acre
Minimum lot width (feet)	150
Minimum front yard (feet)	50	50*
Minimum rear yard (feet)	50	100*	125**
Minimum side yard (feet)	50	100*	125**
Maximum lot coverage (percent)	60%
Minimum Requirement to rezone to Planned Development Zone (PDZ): 40 acre contiguous land area including streets and highways, abutting and/or including existing parcels zoned PDZ.
Minimum Developable Acreage: Any Development shall be limited to the Developable Acreage of the parcel on which it is proposed, or shall obtain a Wetlands Permit for regulated activity as defined by the Inland Wetlands and Watercourse Regulations of the Town. Development of areas with slopes in excess of 15% shall be allowed by a 3/4 vote of all members of the Commission.

Notes:
*	Applies only to specific yard(s) abutting residential use or residential zoning district.
**	An additional 25 feet of depth of rear, and side yards is required for each additional 20,000 square feet of building(s) footprint(s) area over the first 40,000 square feet aggregate areas of building(s) footprint(s) up to a maximum of 200 feet depth.

Permitted and prohibited uses. There are no permitted uses or Special Exceptions in this zone. Prohibited uses and activities include, but are not limited to, those uses and activities that would pose an unreasonable risk of having significant adverse impact upon the surface water or groundwater resources of the Hockanum River Watershed, including but not limited to, the following: Gasoline sales; automotive, sales, service, repairs or storage; the garaging or over-night parking of trucks or recreation vehicles (RV's); dry cleaning or commercial laundry facilities; car wash facilities; film processing or commercial photographic processing; junkyards; industrial waste storage or disposal facilities; and the manufacture, treatment, handling, transportation, disposal or storage of hazardous materials, including bulk fuel storage.

Special permit/site plan.

(1)

The uses below may be permitted when granted a Special Permit and a Site Plan by the Planning and Zoning Commission (PZC). The Commission shall not grant any Special Permit until it has determined that the proposed use and activities are compatible with the Town Plan of Conservation and Development, comply with the applicable standards for Special Permits as contained in this section, as well as in § 30-13.3 of these Regulations, and are in the public interest after considering:

(a)

The existing or future character of the neighboring uses;

(b)

Environmental and ecological impacts,

(c)

The potential for unreasonable amounts of noise, odors, or other noxious effects, and

(d)

Any necessary safeguards to protect neighboring properties and the Town of Vernon, including:

[1]

That the location and size of the proposed use and the nature and intensity of use in relation to the size of the lot will be in harmony with the orderly development of the area and compatible with other neighboring uses;

[2]

That the design elements of the proposed development are attractive and suitable in relation to the site characteristics and style of other buildings in the immediate area, and that the proposed use would not pose an unacceptable risk of altering the essential characteristics of the area or adversely effecting property values in the neighborhood;

[3]

That the kind, size, location and height of structure and the nature and extent of landscaping on the lot are appropriate for the use and will not pose an unacceptable risk of hindering or discouraging the appropriate use of adjoining property or diminishing the value thereof;

[4]

That the proposed plan, to include the location, size, height and orientation of the building, access to the building, location of parking, and provision of landscape buffers provide for a reasonable transition to adjoining uses and structures of a lesser scale;

[5]

That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic generated by the proposed use. Traffic on Town roads and their corresponding intersections with other Town roads and driveways that are shown to be affected by the proposed development shall be LOS C or better on average, during peak hours of operation of the proposed use (i.e. Retail, Restaurant) when considering the impacts of the proposed development. If LOS C is to be reduced as a result of the proposed development, the applicant may have the option of reducing such LOS by providing whatever modifications and or improvements that are necessary on-site and/or off-site in order to maintain the LOS recommended above as long as such improvements or modification are within the control of the applicant and/or the Town of Vernon. If the existing conditions of the Town Road and their corresponding intersections with other Town roads and driveways affected by the proposed development is already LOS C or worse, the applicant shall make whatever modifications and or improvements, that are reasonable, and technically and economically feasible, to improve the LOS in those affected areas.

[6]

As part of the site plan criteria in the PDZ the applicant should demonstrate the location and design of the proposed buildings and associated parking by taking into consideration the location of significant landforms, ecological systems, natural site drainage, floodplains, existing grading and stands of mature trees or other natural resources, and the minimization of grading activities and the provision of open space near these resources.

[7]

In addition to the standard site plan requirements, any development proposed within the PDZ shall provide for pedestrian and bicycle access including but not limited to:

Bike racks and or bike parking to be located as close to the building entrance as possible;

Stations for transit riders, where feasible;

Sidewalks connecting the new development to transit stops, where feasible;

Public sidewalks, unless waived by § 30-10.1M;

(2)

The following uses may be granted a special permit by the PZC if complying with the Regulations and criteria for a special permit:

(a)

Manufacturing, storing, printing, publishing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings;

(b)

Multiple, single-family and multi-family dwellings subject to the following requirements:

[1]

All multi-family and multiple-single-family structures shall be entirely serviced by public sewers and by a public water supply.

[2]

Multi-family and multiple-single-family units shall be subject to the requirements of §§ 30-8.7E and 30-9.1C(1).

[3]

Single-family dwellings for lots with frontage on Dart Hill Road.

(c)

Hotels, motels, conference and convention centers, indoor theaters, and museums;

(d)

Research and experimental laboratories, veterinary hospitals and animal care services (excluding kennels), and medical facilities;

(e)

Full-service restaurants;

(f)

Professional office buildings, general office buildings, and office parks;

(g)

Retail sales and services when the lots have frontage on a State highway. The Commission may limit the hours of operation for retail operations to protect adjacent residential neighborhoods;

(h)

Outside displays, when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display;

(i)

Drive-up service window by approval of both a Site Plan and a Special Permit.

(j)

Recreation facilities, education facilities, religious facilities, cultural, non-profit, and philanthropic activities;

(k)

Plumbing, heating, electrical, industrial, and general contracting establishments, which may include showrooms. Any outside storage of materials or equipment, shall be screened from abutting properties and views from public streets through landscape buffering which may include fencing;

(l)

Accessory uses customarily incidental to the listed uses. (Refer to § 30-2.1 for definition). However, the storage of chemicals, pesticides, fertilizers, and similar materials is prohibited.

(m)

Signs subject to Zoning Regulations § 30-10.4:

[1]

Residentially used lots are not subject to § 30-10.4C;

[2]

Lots used for non residential uses are not subject to § 30-10.4B;

[3]

Lots with mixed uses, when said uses include a residential component, shall be subject to the least restrictive requirement of § 30-10.4.

[4]

Message board sign by approval of both a Site Plan and Special Permit.

(n)

In addition to any other required permits or approvals, a special permit shall be required for any use or development in this zone, when any of the following thresholds are met for any parcel or development. However, the requirements of the Section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to July 1, 1999.

[1]

More than 40 off-street parking spaces are required;

[2]

The proposed structure is within 200 feet of a residential structure;

[3]

The proposed development has any off-street parking or loading spaces within 200 feet of a residential structure;

[4]

The aggregate square footage for all structures on any parcel exceeds 25,000 square feet;

[5]

Lot coverage is greater than 50%.

[a]

In order to grant this special permit, the Commission, must find:

[i]

That this additional coverage will not increase the off-site stormwater run-off or it is the written opinion of the Town Engineer that all stormwater run-off should be discharged off-site.

[ii]

That the level of impervious surface is appropriate for the site and will not create a negative impact to the Hockanum River Watersheds.

[iii]

In making these determinations the commission shall consider the use of LID (Low Impact Development) treatment practices for stormwater generated on the site including, but not limited to: the use of rain gardens; grass pavers; porous pavers; reinforced turf, roof stormwater harvesting systems; grass swales; vegetative roofs; bioretention cells/swales; preservation of native soils and vegetation; and the ability of such proposal to maintain a hydrologically functional landscape. All LID practices proposed shall be consistent with the 2004 DEP Stormwater Quality Manual and 2002 Connecticut Erosion and Sedimentation Guidelines.

[6]

A structure with a height exceeding three stories or 40 feet. In order to grant this special permit, the Commission must receive a written opinion from the Fire Marshall as to the fire safety aspects that the increased height will involve.

[7]

A development having less than the required front, rear or side yards when the abutting use classification is the same as the use classification of the proposed development and all other special permit requirements are met. "Use classification" for the purpose of this section means a residential use, a commercial use, or an industrial use.

[8]

Any use with an activity conducted more than 12 hours per day.

[9]

A development having less than the required front, rear or side yard requirements by showing that such reduction allows for the provision of three or more community amenities including but not limited to: fountains; parks; clock towers; patio/seating area; an open space that serves a valid public purpose; pedestrian plaza with benches; outdoor play area; scenic area displaying natural or artificial water feature; courtyard area with or without textured paving for public gathering and/or interaction; landscaped garden; artist walk/display area; benches or ledges with a scenic view; walking trails; seasonal planting areas; sculpture or other artwork in a place for public gathering and reflection; outdoor eating or cafe; the provision of Open Space, as defined by Section 3.2.8A of the Subdivision Regulations, which is reasonably related to the size and scale of the development proposed; or other deliberately shaped area and or focal feature or amenity that adequately enhances such community and public spaces. In order to grant this special permit, the Commission must find:

[a]

That the proposed amenity or feature adequately enhances the community and creates a public place;

[b]

That where possible, these spaces are connected to sidewalks, bus stops, walking trails, bikeways; greenways; linear parks or integrated with traffic patterns, drop off and pick up points for alternate modes of transportation;

[c]

That all community amenities provided are designed and placed in a location that will allow for maximum utilization of the public; i.e. - a fountain placed in the middle of a vast parking area is not likely to be utilized;

[d]

All community amenities provided must be designed to respond to and/or stimulate pedestrian activity, but not block or cause congestion.

(o)

Home Occupations in multiple single-family and multi-family owner occupied dwellings. The applicant must present evidence of approval or permission from the homeowners' association of the property at which the activity is to occur.

(p)

Home occupations in single-family and two-family owner occupied dwellings.

(3)

PDZ parking requirements. In order to ensure that Parking conditions are consistent with the purposes and intent of § 30-8.2A, the following parking requirements shall apply to all proposed developments within the PDZ, in addition to the requirements of § 30-10.5:

(a)

Any new development requiring more than 50 parking spaces under § 30-10.5 shall not provide more than 1.3 times the minimum number of spaces required under § 30-10.5;

[1]

The parking requirement of § 30-8.2D(3)(a) may be increased to 1.5 times the minimum number of spaces required by § 30-10.5 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

(b)

Any new development requiring 50 parking spaces or less under § 30-10.5 shall not provide more than 1.50 times the minimum number of spaces required under § 30-10.5;

[1]

The parking requirement of § 30-8.2D(3)(b) may be increased to two times the minimum number of spaces required by § 30-10.5 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

(c)

All parking above the minimum specified by § 30-10.5 may be provided by porous pavers, grass pavers, or reinforced turf, as proposed by the applicant, subject to the approval of the Commission upon finding that the utilization of such parking will be limited to peak seasons or overflow parking only and will not be overly utilized (limited to use less than 30 days per year).

(d)

Any new development containing more than one use or a mix of uses shall, wherever feasible, demonstrate the inclusion of shared parking in order to meet the parking requirements of the Planned Development Zone.

(e)

The applicant may request a waiver of any parking requirement of this § 30-8.2D(3) by demonstrating that the proposed parking spaces are utilized on a regular basis (more than 30 days per year) and the sharing parking between uses and buildings is not feasible. The applicant may also request the use of paved parking spaces in place of reinforced turf, or porous or grass pavers by demonstrating that the use of such pavers would not be appropriate for the site and would result in environmental harm. The approval of these waivers shall require a 3/4 vote of all members of the Commission.

Use variance. Under no circumstances shall the Zoning Board of Appeals grant a Variance to allow a use in this zoning district specifically prohibited under § 30-8.2C and specifically allowed by the Planning and Zoning Commission under § 30-8.2D.

Fiscal and public benefits. The following special permit approval criteria shall be applied to uses in addition to the requirements of Zoning Regulations §§ 30-8.2D and 30-13.3:

(1)

The Applicant must provide a municipal fiscal impact analysis/study demonstrating the net municipal revenue impact of a proposal using acceptable cost/revenue analysis techniques, demonstration of open space conservation and linkage to other open spaces, demonstration of acceptable traffic impact, and demonstration of compatibility of uses within the site and with neighbors in the district as well as neighbors abutting the district.

(2)

When the proposal includes a use or a mix of uses, which in sum are net tax revenue negative to the Town or only marginally net revenue positive, the Commission shall make a finding that other considerations outweigh the negative fiscal impacts, such as in regard to general community benefits, nonprofit activities, and activities of cultural or historic significance.

(3)

All development shall be required to be compatible with the Town Plan of Conservation and Development and be supportive of the public health, general welfare, and safety of the community, including adequate provision of public facilities, a minimization of the number of access points on existing roads, and consideration of environmental and ecological concerns.

Landscape buffers.

(1)

Composition. Landscaped buffers shall be provided where required by this section of the Zoning Regulations and shall conform to the standards illustrated in the "Buffer Yard" graphic (Appendix A):

(a)

Canopy trees shall be deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet;

(b)

Under-story trees shall be deciduous shade or fruit trees planted at two inches in caliper with a mature height of at least 12 feet;

(c)

Evergreens shall be coniferous species planted at six feet in height;

(d)

Shrubs shall be either deciduous species planted at 2 1/2 feet height with a mature height of at least six feet or coniferous species planted at 2 1/2 feet in spread.

(2)

Front yards.

(a)

Adjacent to residences. A front yard landscaped buffer, meeting or exceeding the requirements of the type "A" Buffer Yard, may be required by the Commission in conjunction with proposed industrial or commercial developments to preserve and protect residential property values and privacy of residential lots;

(b)

Adjacent to streets. A front yard landscape buffer, meeting or exceeding the requirements of the type "A" Buffer Yard, may be required by the Commission in conjunction with proposed industrial or commercial developments to screen parking lot areas from the public street.

(3)

Side/rear yards. A landscaped buffer shall be provided along side and rear yards in conjunction with proposed industrial or commercial developments which abut Residential Zones or uses:

(a)

A type "B" Buffer Yard shall be required where commercial development abuts a residential zone or use;

(b)

A type "C" Buffer Yard shall be required where an industrial use abuts a residential zone or use or a proposed building has a footprint greater than 40,000 square feet.

(4)

The front, side/rear yard buffer requirements may be reduced or waived at the discretion of the Commission, when warranted by special conditions. The Commission shall determine which type of Buffer Yard within each category shall be used upon a review of the site design, topography, existing vegetation and abutting land uses. The Commission may authorize the use of existing vegetation in lieu of part or all the Buffer yard requirements. Where conditions are such that a buffer cannot be located directly adjacent to a yard because of other regulatory considerations such as, but not limited to, wetlands preservation, the buffer may be reduced or waived as provided for above, or the Commission may require an alternate location for the buffer. Also, the Commission may require the substitution of the evergreen plant materials shown in the Buffer Yard graphic (Appendix A).

§ 30-8.3 Planned Development Zone (PDZ): I-84 Exit 67 Area.

Purpose. This district encompasses an area which is served by an Interstate highway and two State roads. The purpose of this district is to provide for development that can take advantage of this transportation infrastructure and contribute to the economic development and fiscal improvement of the community, while being compatible with the Town Plan of Conservation and Development and taking into account the existing commercial and residential development and to avoid negative impacts of traffic and negative impacts on existing natural resources, especially in regard to the environmental characteristics, constraints, and resources of the Tankerhoosen River Watershed.

Area and yard requirements.

	Standard Requirement	Abutting Residential*
Minimum lot area	1 acre
Minimum lot width (feet)	150
Minimum front yard (feet)	50	50*
Minimum rear yard (feet)	50	100*
Minimum side yard (feet)	50	100*
Maximum lot coverage (percent)	60%
Minimum Requirement to rezone to Planned Development Zone (PDZ): 40 acre contiguous land area including streets and highways, abutting and/or including existing parcels zoned PDZ.
Minimum Developable Acreage: Any Development shall be limited to the Developable Acreage of the parcel on which it is proposed, or shall obtain a Wetlands Permit for regulated activity as defined by the Inland Wetlands and Watercourse Regulations of the Town. Development of areas with slopes in excess of 15% shall be allowed by a three-quarters vote of all members of the Commission.

Note:
*	Applies only to specific yard(s) abutting residential use or residential zoning district.

Permitted and prohibited uses. There are no permitted uses or Special Exceptions in this zone. Prohibited uses and activities include, but are not limited to, those uses and activities that would pose an unreasonable risk of having a significant adverse impact upon the surface water or groundwater resources of the Tankerhoosen River Watershed, including but not limited to, the following: Gasoline sales; automotive, sales, service, repairs or storage; the garaging or overnight parking of trucks (not including trucks or other vehicles associated with, or accessory to, uses such as manufacturing, distribution, retail, storage, etc... permitted through the special permit process and deemed to have met or exceeded the purpose of the district) or recreation vehicles (RV's); dry cleaning or commercial laundry facilities; car wash facilities; film processing or commercial photographic processing; junkyards; industrial waste storage or processing facilities; and the manufacture, treatment, handling, transportation, disposal or storage of hazardous materials, including bulk fuel storage.

Special permit site plan.

(1)

The uses below may be permitted when granted a Special Permit and a Site Plan by the Planning and Zoning Commission (PZC). The Commission shall not grant any Special Permit until it has determined that the proposed use and activities are compatible with the Town Plan of Conservation and Development, comply with the applicable standards for Special Permits as contained in this subsection, as well as in § 30-13.3 of these Regulations, and are in the public interest after considering:

(a)

The existing or future character of the neighboring uses;

(b)

Environmental and ecological impacts,

(c)

The potential for unreasonable amounts of noise, odors, or other noxious effects, and

(d)

Any necessary safeguards to protect neighboring properties and the Town of Vernon, including:

That streets providing access to the proposed use are adequate in width, grade, alignment and visibility, and have adequate capacity for the additional traffic generated by the proposed use. Traffic on Town Roads and their corresponding intersections with other Town roads and driveways that are shown to be affected by the proposed development shall be LOS C or better on average, during peak hours of operation of the proposed use (i.e. Retail, Restaurant) when considering the impacts of the proposed development. If LOS C is to be reduced as a result of the proposed development, the applicant may have the option of reducing such LOS by providing whatever modifications and or improvements that are necessary on-site and/or off-site in order to maintain the LOS recommended above as long as such improvements or modification are within the control of the applicant and/or the Town of Vernon. If the existing conditions of the Town Road and their corresponding intersections with other Town roads and driveways affected by the proposed development is already LOS C or worse, the applicant shall make whatever modifications and or improvements, that are reasonable, and technically and economically feasible, to improve the LOS in those affected areas.

[6]

[7]

In addition to the standard site plan requirements, any development proposed within the PDZ shall provide for pedestrian and bicycle access including but not limited to:

[a]

Bike racks and or bike parking to be located as close to the building entrance as possible;

[b]

Stations for transit riders, where feasible;

[c]

Sidewalks connecting the new development to transit stops, where feasible;

[d]

Public sidewalks, unless waived by § 30-10.1M;

(2)

The following uses may be granted a special permit by the PZC if complying with the Regulations and criteria for a special permit:

(a)

Manufacturing, storing, printing, publishing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings;

(b)

Single- and two-family structures meeting the requirements of the Residential 27 (R-27) zoning district.

(c)

Multiple, single-family and multi-family dwellings subject to the following requirements:

[1]

All multi-family and multiple-single-family structures shall be entirely serviced by public sewers and by a public water supply.

[2]

Multi-family and multiple-single-family units shall be subject to the requirements of §§ 30-8.7E and 30-9.1C(1).

(d)

Hotels, motels, conference and convention centers, indoor theaters, and museums;

(e)

Research and experimental laboratories, veterinary hospitals and animal care services (excluding kennels), and medical facilities;

(f)

Full-service restaurants;

(g)

Professional office buildings, general office buildings, and office parks;

(h)

Retail sales and services when the lots have frontage on a State highway. The Commission may limit the hours of operation for retail operations to protect adjacent residential neighborhoods;

(i)

Outside displays, when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display;

(j)

Drive-up service window by approval of both a Site Plan and a Special Permit.

(k)

Recreation facilities, education facilities, religious facilities, cultural, non-profit, and philanthropic activities;

(l)

(m)

Accessory uses customarily incidental to the listed uses. (Refer to § 30-2.1 for definition). However, the storage of chemicals, pesticides, fertilizers, and similar materials is prohibited.

(n)

Signs subject to Zoning Regulations § 30-10.4:

[1]

Residentially used lots are not subject to § 30-10.4C;

[2]

Lots used for non residential uses are not subject to § 30-10.4B;

[3]

Lots with mixed uses, when said uses include a residential component, shall be subject to the least restrictive requirement of § 30-10.4.

[4]

Message board sign by approval of both a Site Plan and Special Permit.

(o)

[1]

More than 40 off-street parking spaces are required;

[2]

The proposed structure is within 200 feet of a residential structure;

[3]

The proposed development has any off-street parking or loading spaces within 200 feet of a residential structure;

[4]

The aggregate square footage for all structures on any parcel exceeds 25,000 square feet;

[5]

Lot coverage is greater than 50%.

[a]

In order to grant this special permit, the Commission, must find:

[i]

That this additional coverage will not increase the off-site stormwater run-off or it is the written opinion of the Town Engineer that all stormwater run-off should be discharged off-site stormwater run-off or it is the written opinion of the Town Engineer that all stormwater run-off should be discharged off-site.

[ii]

That the level of impervious surface is appropriate for the site and will not create a negative impact to the Tankerhoosen River Watershed.

[iii]

In making these determinations the Commission shall consider the use of LID (Low Impact Development) treatment practices for stormwater generated on the site including, but not limited to: the use of rain gardens; grass pavers; porous pavers; reinforced turf; roof stormwater harvesting systems; grass swales; vegetative roofs; bioretention cells/swales; preservation of native soils and vegetation; and the ability of such proposal to maintain a hydrologically functional landscape. All LID practices proposed shall be consistent with the 2004 DEP Stormwater Quality Manual and 2002 Connecticut Erosion and Sedimentation Guidelines.

[6]

[7]

[8]

Any use with an activity conducted more than 12 hours per day.

[9]

[a]

That the proposed amenity or feature adequately enhances the community and creates a public place;

[b]

[c]

That all community amenities provided are designed and placed in a location that will allow for maximum utilization of the public; i.e. — a fountain placed in the middle of a vast parking area is not likely to be utilized;

[d]

All community amenities provided must be designed to respond to and/or stimulate pedestrian activity, but not block or cause congestion.

[10]

Home occupations in single-family and two-family owner occupied dwellings.

[11]

Home occupations in multiple single-family and multi-family owner occupied dwellings. The applicant must present evidence of approval or permission from the homeowners' association of the property at which the activity is to occur.

(3)

PDZ Parking requirements. In order to ensure that Parking conditions are consistent with the purposes and intent of § 30-8.2A (and § 30-8.3A, respectively), the following parking requirements shall apply to all proposed developments within the PDZ, in addition to the requirements of § 30-10.5:

(a)

New development requiring more than 50 parking spaces under § 30-10.5 shall not provide more than 1.3 times the minimum number of spaces required under § 30-10.5 if such additional parking is provided by porous pavers, grass pavers, reinforced turf; or a multi-level parking structure;

[1]

The parking requirement of § 30-8.3D(3)(a) may be increased to 1.5 times the minimum number of spaces required by § 30-10.5 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

(b)

Any new development requiring 50 parking spaces or less under § 30-10.5 shall not provide more than 1.50 times the minimum number of spaces required under § 30-10.5;

[1]

The parking requirement of § 30-8.3D(3)(b) may be increased to two times the minimum number of spaces required by § 30-10.5 if such additional parking is provided by porous pavers, grass pavers, reinforced turf, or a multi-level parking structure;

(c)

(d)

(e)

The applicant may request a waiver of any parking requirement of this § 30-8.3D(3) by demonstrating that the proposed parking spaces are utilized on a regular basis (more than 30 days per year) and the sharing parking between uses and buildings is not feasible. The applicant may also request the use of paved parking spaces in place of reinforced turf, or porous or grass pavers by demonstrating that the use of such pavers would not be appropriate for the site and would result in environmental harm. The approval of these waivers shall require a 3/4 vote of all members of the Commission.

Use variances. Under no circumstances shall the Zoning Board of Appeals grant a Variance to allow a use in this zoning district specifically prohibited under § 30-8.3C and specifically allowed by the Planning and Zoning Commission under § 30-8.3D.

Fiscal and public benefits. The following special permit approval criteria shall be applied to uses in addition to the requirements of Zoning Regulations §§ 30-8.3D and 30-13.3:

Landscape buffers.

Composition. Landscaped buffers shall be provided where required by this section of the Zoning Regulations and shall conform to the standards illustrated in the "Buffer Yard" graphic (Appendix A):

(a)

Canopy trees shall be deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet;

(b)

Under-story trees shall be deciduous shade or fruit trees planted at two inches in caliper with a mature height of at least 12 feet;

(c)

Evergreens shall be coniferous species planted at six feet in height;

(d)

Shrubs shall be either deciduous species planted at 2.5 feet height with a mature height of at least six feet or coniferous species planted at 2.5 feet in spread.

Front yards.

Side/rear yards. A landscaped buffer shall be provided along side and rear yards in conjunction with proposed industrial or commercial developments which abut Residential Zones or uses:

(a)

A type "B" Buffer Yard shall be required where commercial development abuts a residential zone or use;

(b)

A type "C" Buffer Yard shall be required where an industrial use abuts a residential zone or use or a proposed building has a footprint greater than 40,000 square feet.

(4)

§ 30-8.4 Comprehensive Multi-Family Dwelling Zone.

Purpose. This district has been created to address the situation where multi-family dwellings and multiple single-family dwellings may be appropriate, but the Planning and Zoning Commission does not believe a zone change to allow said dwellings should be granted until the Planning and Zoning Commission has simultaneously approved a Preliminary Plan of Development for the dwellings to be developed. Therefore, this zone has been created so that the Planning and Zoning Commission can address both the zone change and the Preliminary Plan of Development simultaneously, and the approvals of both the zone change and the Preliminary Plan of Development shall be considered part of one approval process.

General considerations. A Comprehensive Multi-Family Dwelling Zone shall permit development which is planned to encourage the appropriate use of the site, with due consideration to the natural features that exist on the site. The design elements of a proposed development shall be attractive and suitable in relation to the character of the neighborhood.

Open space requirements.

(1)

Minimum lot area: one acre.

(2)

Minimum lot width: 150 feet.

(3)

Minimum front yard: 50 feet.

(4)

Minimum side yard: 20 feet.

(5)

Minimum rear yard: 50 feet.

(6)

Minimum floor area (single level) See § 30-9.1C, Minimum floor areas.

Permitted uses. There are no permitted uses in this zone.

Special exceptions. There are no special exceptions uses in this zone.

Allowable uses. The uses allowed shall be either multi-family dwellings or multiple single-family dwellings, but in either case, an applicant must initially receive approval of a zone change and preliminary plan of development and subsequently receive approval for a final plan of development site plan approval, all as set forth in the following sections.

Application procedures.

(1)

The applicant shall file with the Planning and Zoning Commission an application for a zone change, together with an application for approval of a Preliminary Plan of Development for all of the property proposed to be located within the Comprehensive Multi-Family Dwelling Zone. The Planning and Zoning Commission shall hold a public hearing on the zone change application together with the application for a Preliminary Plan of Development. The Commission shall vote on the zone change simultaneously with its decision to approve, deny, or modify and approve the Preliminary Plan of Development. Approval of the zone change application and the Preliminary Plan of Development shall establish a Comprehensive Multi-Family Dwelling Zone and shall permit the applicant and/or his assigns to proceed with the completion of the development as set forth in the Preliminary Plan of Development subject to the provisions of these Regulations.

(2)

The Preliminary Plan of Development shall be prepared by a registered professional engineer, a registered architect and/or a registered landscape architect and shall contain those accompanying documents in sufficient detail to indicate:

(a)

Existing topography with five foot contours, existing structures, existing roads and rights-of-way, boundary description of the site, and major topographic features (including wooded and open areas, slopes greater than 15%, and the approximate location of inland wetlands and watercourses).

(b)

The location of all proposed vehicular and pedestrian patterns (including location of proposed drive-ways, public roads, sidewalks and pedestrian paths, and parking areas), open space and recreation areas and proposals for connection of roads, driveways, and sidewalks and paths within the site to the existing public road system. A report shall be included regarding existing traffic conditions and information on traffic generated by development of the proposed plan.

(c)

The proposed location of all buildings within the site.

(d)

The proposed general system of utilities (including domestic water supply, fire protection, stormwater drainage, and sanitary sewer).

(e)

A table of ratios which shall establish that the requirements of § 30-8.7E and F have been met.

(f)

A general description of conservation measures to be utilized in the development of the site to minimize erosion and sedimentation.

(g)

Where development within the site is to be in phases or units, the anticipated location and acreage of such phases or units.

(h)

Building Plan — a plan indicating.

[1]

The size of each building in square feet.

[2]

Exterior building elevations identifying the building finish materials and colors.

Approval requirements. The applicant shall establish that all of the following conditions have been met:

(1)

All necessary utilities shall be available to service the site.

(2)

To the extent reasonably possible, the applicant shall develop the site in a manner that will blend harmoniously with the natural landscape.

(3)

The applicant shall design the site so that the site can be adequately drained to carry off stormwater without impacting any adjoining properties.

(4)

All roadways, driveways and off-street vehicle parking shall be designed to facilitate traffic circulation and emergency vehicle movements in a safe and proper manner.

(5)

The requirements of § 30-8.7E, F, and G shall be met to the extent applicable to the application.

(6)

The application must be compatible with neighboring land uses, not create a nuisance, not hinder the future sound development of the community, and shall be in conformance with all applicable sections of the zoning regulations.

Final plan of development/site plan approval. An application for approval of the Final Plan of Development/Site Plan shall include all matters set forth in § 30-13.2 of the Zoning Regulations and all subsections of § 30-13.2 shall apply, except that no public hearing shall be required by the Planning and Zoning Commission and no information shall be required which shall duplicate the information that was required as part of the Preliminary Plan of Development approval as set forth in § 30-8.4G(2). Any Inland wetland approvals that are required must be obtained before approval of the Final Plan of Development/Site Plan.

Modifications. Modifications to the Preliminary Plan of Development shall be made in accordance with § 30-8.4G and H of the Zoning Regulations and said applications shall be processed in the same manner as a new application under § 30-8.4G and H of the Zoning Regulations. Modifications to the Final Plan of Development/Site Plan approval shall be made in accordance with § 30-8.4I of the Zoning Regulations.

§ 30-8.5 Cluster development.

Purpose. In order to promote the health and general welfare of the community and to preserve and make available natural open space for recreation and conservation, the Planning and Zoning Commission may grant a developer the option to vary the lot size requirements in Residential 40 and Residential 27 zoning districts, leaving a substantial area free of building lots. Such variations shall be subject to the requirements of Subdivision Regulations Section 3.2.2.A, 6.1.3, and 6.1.3.3.3, in addition to the following requirements:

Minimum parcel. The minimum parcel to be considered for variation as stated above shall be 10 acres.

Maximum number of building lots. The maximum number of building lots shall not exceed 1.2 per net acre in the R-40 district, or 1.9 per net acre in the R-27 district. Net acreage shall be determined by subtracting 15% of the gross acreage of the parcel (for streets). The gross area of the parcel shall include only land that is not encumbered with easements or other restrictions that would prevent full use of the land.

Open space. The land area not allocated to building lots and streets shall be permanently reserved in open space. Such areas shall be in locations designated open spaces or greenbelts on the Comprehensive Plan or, where the sub-divider proposes open space in other areas; such proposals shall be subject to the approval of the Commission.

Water and sewer. No proposed cluster development shall be considered or approved unless the dwelling units on the proposed lots are to be serviced by public sewers and either a public water supply or individual wells approved by the North Central District Health Department.

Lot requirements. In cluster subdivision, the lots shall satisfy the following requirements:

	R-27	R-40
Minimum lot area (square feet)	20,000	30,000
Minimum lot width (feet)	100	150
Maximum lot coverage (percent)	20	20
Minimum side yards (feet)	10	10
Minimum rear yard (feet)	20	20
Minimum front yard (feet)	20	20
Maximum building height (stories)	2 1/2	2 1/2

Reservation of land. The balance of the land not contained in the building lots shall be in condition, size and shape as to be readily usable for recreation or conservation, and shall be reserved by one of the following means:

(1)

Deeded to the Town.

(2)

Held in corporate ownership by the owners of the lots within the subdivision and such other nearby landowners who may wish to become members of the corporation. However, membership in said corporation shall be mandatory for all residents of the proposed subdivision. In the case of a corporate ownership, the developer shall include in the deed to the owners of the building lots the membership stipulation and the beneficial right of the use of the open land.

(3)

Held in ownership by the developer subject to a legal agreement with the Town regarding the developer's responsibility for maintenance of the balance of the land as noted above.

(4)

Governed by a special tax district.

(5)

A combination of the above.

§ 30-8.6 Special Floating Zone — Industrial Development.

Area and yard requirements.

(1)

Minimum lot area: four acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum front yard: 60 feet.

(4)

Minimum rear yard: 40 feet.

(5)

Minimum side yard: 40 feet.

(6)

Minimum floor area: 5% of land area.

Permitted uses. There are no permitted uses in this zone.

Special exceptions. There are no Special Exceptions in the "Special Floating Zone for Industrial Development."

Special permits. The following may be permitted when granted a Special Permit by the Planning and Zoning Commission.

(1)

Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.

(2)

Printing or publishing establishments.

(3)

Wholesale distribution or warehouse facility.

(4)

Freight or trucking terminal with warehouse storage facilities.

(5)

Wholesale showroom with or without storage and repair facilities.

(6)

Research and experimental laboratories.

(7)

Offices for industrially oriented businesses.

(8)

Restaurant serving food for consumption inside a building.

(9)

Professional office buildings.

(10)

Signs subject to § 30-10.4.

(11)

Accessory uses customarily incidental to the listed uses.

(12)

(a)

More than 40 off-street parking spaces are required or;

(b)

The proposed structure is within 200 feet of a residential structure or;

(c)

The proposed development has any off-street parking or loading spaces within 100 feet of a residential structure or;

(d)

The aggregate square footage for all structures on any parcel exceeds 25,000 feet;

(e)

This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.

(f)

Lot coverage of 40% or more. In order to grant this Special Permit the Commission must find that this additional coverage will not increase the off site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off site.

(g)

A structure with a height exceeding three stories or 40 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

(h)

Outside displays when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.

(13)

Message board sign by approval of both a Site Plan and Special Permit.

Procedure. The applicant for a "Special Floating Zone" must make application to the Commission at least 20 days prior to the scheduled meeting date. The Commission, at this preliminary hearing, may set the date for a public hearing, and may request the applicant present at the public hearing, any or all information required under § 30-13.2, Site plan review. The Commission may, at this meeting, approve both the Floating Zone and the Site Plan. A Site Plan must be submitted for approval to the Commission within a six-month period of time following the approval of the "Special Floating Zone" or the zoning approval will become null and void, and the parcel of land will return to its original classification.

Use variances. Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use in this zoning district that is specifically allowed by the Planning and Zoning Commission under § 30-8.6D.

§ 30-8.7 Planned Residential Development (PRD).

Area and yard requirements.

(1)

Minimum lot area: one acre.

(2)

Minimum lot width: 150 feet.

(3)

Minimum front yard: 50 feet.

(4)

Minimum side yard: 20 feet.

(5)

Minimum rear yard: 50 feet.

(6)

Minimum floor area (single level) See § 30-9.1C, Minimum floor areas.

Permitted uses. There are no permitted uses in this zone.

Special exceptions. There are no special exceptions in the PRD district.

Special permits. The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission:

(1)

Multi-family units with a height exceeding two stories or 35 feet; provided, however, that such development does not exceed the density requirements of § 30-8.7E below.

(2)

Convalescent homes or nursing homes and assisted living facilities when connected to public water and sanitary sewer.

(3)

Funeral homes.

(4)

Hotel or motel.

(5)

Hospitals, church buildings, schools, public libraries, public utility structures, governmental buildings, cemeteries, golf courses, country clubs, non-profit recreational facilities, and telecommunication towers.

(6)

Lot coverage of 60% or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off site.

(7)

Multiple single-family dwellings subject to the requirements of § 30-8.7F, G, and H emergency shelter for the homeless.

(8)

Multi-family dwellings.

(9)

Accessory uses customarily incidental to the listed uses, provided such accessory use shall not include any activity conducted for gain.

(10)

Signs subject to § 30-10.4.

(11)

Single-family dwellings.

(12)

Two family dwellings.

(13)

Adult day care and group day care facilities.

(14)

Bed and Breakfast.

(15)

A structure with a height exceeding two stories or 35 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.

(16)

Radio and television masts and towers in residential zones. Any mast or tower in excess of 50 feet in height in a residential zone or any mast or tower permitted by variance or pre-existing use to be operated for financial gain in a residential zone.

(17)

Home Occupations in single-family and two family owner occupied dwellings.

(18)

Schedule for multi-family dwelling unit/area ratio. Minimum area requirements per dwelling unit shall be determined on the basis of the number of bedrooms or each unit and floor on which each unit is located as follows:

Number of bedrooms per dwelling unit	Table A	Table B
Number of bedrooms per dwelling unit	Number of square feet in land area per dwelling unit for the first two stories of any multi-family structure	Number of square feet in land area per dwelling unit for the third story and above of any multi-family structure
3	7,500	6,500
2	5,500	4,000
1	3,500	3,000

(1)

For purpose of this regulation, all rooms that are in addition to a living room, kitchen, hall or foyer, alcove, pantry, laundry, bathroom, closet or storage space, shall be interpreted as being bedrooms.

(2)

Weather proof, lockable storage space will be provided for each dwelling unit. Such storage space shall be in addition to that ordinarily contained within a unit such as cabinets, pantries and clothes closets. Such space will not be counted in computing the residential floor area for the dwelling unit. Such space may be located in an area separated from the dwelling unit, but at a minimum located within or adjacent to the building in which the dwelling unit is contained.

Livability space requirements.

(1)

The following minimum amounts of space must be devoted to the provision of livability space, which is that space appropriately improved and located within the development as outdoor living space for residents and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, and the areas accessible from them, paved terraces and sitting areas, outdoor recreational areas, and patios. Space provided on decks may also be counted toward the livability space requirement.

(a)

PRD zone: 2.0 times the gross residential floor area.

(b)

Residential Commercial Zone: 2.3 times the gross residential floor area.

(2)

At the discretion of the Planning and Zoning Commission, each dwelling unit shall have constructed adjacent to it a patio, terrace or deck. Such space will be included as part of the livability space requirement.

Minimum protective provisions.

(1)

All multi-family structures shall be entirely serviced by public sewers.

(2)

All multi-family structures shall be entirely serviced by a public water supply.

This section is designed to allow the construction of multi-family units in excess of applicable density limits in accordance with a contract entered into, and between a developer and the Town to allow for the provision of affordable housing subject to the following criteria:

(1)

For each dwelling unit constructed by the developer in excess of the number of such units permitted by applicable density limits, the developer shall construct in the municipality within one year from the effective date of the contract, a unit of affordable housing, as defined in C.G.S. § 8-39a, which is of comparable size and workmanship.

(2)

For a period which shall not be less than 30 years from the date of completion of any units of affordable housing constructed pursuant to § 30-8.7H(1), such units of affordable housing shall be offered for sale or rent only to persons and families having such income as specified under § 30-2.1 of these regulations but which shall not exceed the area median income of the municipality as determined by the United States Department of Housing and Urban Development.

(3)

The sale price or rent for any such unit of affordable housing shall not exceed an amount which shall be specified in such contract, provided such contract shall contain provisions concerning reasonable periodic increases of the specified sale price or rent.

(4)

Such units of affordable housing shall be conveyed by deeds containing covenants incorporating the terms and conditions contained in such contract between the developer and the municipality, which covenants shall run with the land and be enforceable by the municipality until released.

(5)

The requirements of these regulations shall apply to the resale, the purchase and subsequent leasing and the conversion the common interest form of ownership and subsequent sale of any unit of affordable housing during and for the remaining term of such period.