An application for a special exception under
these regulations may be made by:
A. Owner. The owner, or all joint owners, of the premises
to which such application relates;
B. Purchaser. The purchaser, or all the purchasers, under
a written contract to purchase the premises, provided that the written
consent to the grant of such special exception of the owner, or all
the joint owners, of the premises accompanies the application; or
C. Lessee. The owner, or all the joint owners, of a leasehold
interest in the premises under a written lease, provided that the
written consent to the grant of such special exception of the owner,
or all the joint owners, of the premises accompanies the application.
A complete application shall consist of the application form and filing fee prescribed by the Commission and all documents and statements that are required to accompany the form. Seven copies of the complete application shall be delivered to the Zoning Enforcement Officer for transmittal to the Commission at its next regularly scheduled meeting. The date of receipt of such application shall be deemed to be the earlier of the date of such next regularly scheduled meeting or the 35th day following the date it was delivered to the Zoning Enforcement Officer. All supporting information required under §
500-151 must be submitted at least 10 days prior to the public hearing so as to be available for inspection by the public.
Each application form shall contain or be accompanied
by, in writing:
A. A description, by metes and bounds or courses and
distances, of the land to which such application relates;
B. A list, keyed to an appropriate map, of the names
and addresses of the record owners of land abutting, and directly
across any roadway from, the land to which such application relates;
C. A certified copy of any inland wetland permit required to authorize any use or improvement to which such application relates and a sanitation certificate and data as prescribed by §
485-12F of the Killingworth Subdivision Regulations; and
D. A complete and comprehensive statement and site plan,
describing the proposed use and all improvements relating thereto,
which shall clearly disclose the following information:
(1) Topographical features. The topographical features of the land, including
grades, elevations, wetlands and watercourses, drainage, flood hazard
areas, and other natural characteristics and proposed alterations
thereof;
[Amended 11-1-2016]
(2) Construction features. The location on the land of all existing and proposed buildings, roadways, driveways, sidewalks, parking facilities, fencing, signs, lighting, playgrounds and other recreational areas, and other constructional features, including the nature and extent of any proposed disturbance of vegetation and/or soil cover, which are to be a part of or appurtenant to the proposed use; in the case of any application for a special exception under this article involving one or more proposed streets, the engineering and surveying plans and procedures prescribed by §
485-39 of the Killingworth Subdivision Regulations in the case of subdivisions shall be observed;
[Amended 11-1-2016]
(3) Utilities. A description of all facilities to be used for water supply, sewage disposal, stormwater drainage and all utilities specifying their engineering design, dimensions and functional capabilities and a sanitation certificate and data as prescribed by §
485-12F of the Killingworth Subdivision Regulations;
(4) Landscaping. A description of all areas which are to be devoted to
planting and lawns, and the location, design, and content of landscaping
to be created, including the size, number, and type of all landscaping
material to be planted, and the proposed treatment of all buffer strips,
screens, and islands;
[Amended 11-1-2016]
(5) Surrounding features. The location and character of
all topographical features, including grades, elevations, and streams,
and all buildings, driveways, sidewalks, roadways, sewage disposal
systems and water supply systems, and drainage within the area outside
and within 300 feet of each boundary line of the lot of the proposed
use;
(6) Water supply. The nature of the ground or surface waters on and around the site, including any public or private domestic users of such waters, their classification, as designated by the Connecticut Department of Environmental Protection's Groundwater Classification System, and the depth to any groundwater, the nature of the soils surrounding such groundwater, and the like. Except in the case of an application for a special exception under Article
XX, such chemical, bacteriological or other analysis or tests as the Commission may require of the water supply; a report, prepared or approved by a licensed engineer, upon the results of tests, of at least 12 hours' duration, determining the yield and maximum draw down of the water supply as well as any water storage facilities;
[Amended 11-1-2016]
(7) Erosion and sedimentation control plan. A detailed plan for erosion and sedimentation control covering all proposed work, which plan shall show measures to be taken to control erosion and sedimentation both during and after construction in accordance with the recommendations and standards described in Article
XXIII;
(8) Historical and archaeological features. The specific identity and location of all buildings over 100 years old; stone walls; roads bounded by stone walls; historic sites, including house foundations; burial grounds, prehistoric Indian sites, cow pens, mill sites and factory sites; and archaeological and fossil sites or finds. If any such historical, archaeological, and other unusual features are present, the applicant shall submit a historical and archaeological features preservation plan as described in Article
XXIV;
(9) Fire protection plan. A fire protection plan as prescribed by §
485-44 of the Killingworth Subdivision Regulations; and
(10)
Other. Whenever the Commission shall deem it reasonably necessary or appropriate to a proper disposition of any application, it may require the applicant to submit, at or prior to the public hearing thereon, any other information in such form as it may prescribe, including a report issued by an attorney admitted to practice law in Connecticut describing the state of the title to the land to which such application relates. Whenever such application for a special exception requests authorization for a use of premises only and does not involve any new improvement or any change in an existing improvement, the Zoning Enforcement Officer may, upon request of the applicant, waive in writing the requirement for submission with such application of any one or more of the items specified in Subsection
D(1) through
(12).
[Amended 2-21-2012]
(11) Specimen and significant trees. The specific identity and location of specimen trees and significant trees. If any such trees are present, the applicant shall submit a tree preservation plan as described in Article
XXXV.
[Added 12-16-2008]
(12) Stormwater management plan. A stormwater management plan to protect and preserve the waters within the Town of Killingworth from nonpoint sources of pollution through the proper management of stormwater flows and minimization of pollutants as described in Article
XXXVI.
[Added 8-2-2011]
(13)
Noise. The expected intensity and frequency of noise that may
be emitted from the site or use and the methods to be used to control
the same.
[Added 11-1-2016]
(14)
Architectural plans. Plans showing the height, bulk, use and
location of all buildings; typical floor plans or other plans for
the use of interior spaces of proposed buildings; the exterior appearance
of proposed buildings, including exterior elevations, roof plan, designation
of materials, colors, and textures of exterior finishes, doors, windows,
roofing, trim, and the like; location of heating, air-conditioning,
ventilation, and similar equipment; and special exterior features,
such as building-mounted signs, building or roof lighting, roof drainage/gutters,
and features on the interior of the building designed to be capable
of being seen from the exterior.
[Added 11-1-2016]
(15)
Sanitary waste disposal plan. For any site which is to be served,
and is capable of being served, by an operational public sanitary
sewer line prior to occupancy, the site plan shall depict the sewer
lateral and other engineering information suitable to determine that
connection to an operational sanitary sewer line is feasible. If the
applicant proposes to utilize a community sewerage system, as defined
in Connecticut General Statutes § 7-245, a report from the
Killingworth Water Pollution Control Authority indicating that all
requirements of Connecticut General Statutes § 7-246f have
been satisfied shall be provided.
[Added 11-1-2016]
(16)
Water supply; certificate for community wells. The location
and design of the proposed water supply systems shall be provided,
including design calculations, materials specifications, and evaluations
of supply. In accordance with § 8-25a of the Connecticut
General Statutes, as amended by Public Act 84-330, any development
providing water by means of a "water company," as that term is defined
in Connecticut General Statutes § 16-262m(a), shall provide
to the Commission/Board a certified copy of a certificate of public
convenience and necessity issued for the development by the Connecticut
Department of Public Utility Control. No application for special permit/exception
involving such a water company shall be deemed complete without said
certificate, unless the applicant shall provide a resolution of the
Killingworth Board of Selectmen waiving said certificate and agreeing
to be responsible for the operation of the subject water company in
the event that the company is at any time unable or unwilling to provide
adequate service to its consumers. The Commission may accept a Phase
I-A certificate and condition approval on the full certificate prior
to the issuance of a certificate of compliance.
[Added 11-1-2016]
(17)
Protection of surface and ground water supply. Pursuant to Connecticut
General Statutes § 8-2, as amended by Public Act 85-279,
every application for special permit/exception shall include an evaluation
of the impact of the proposed development upon existing and potential
public surface and ground drinking water supplies.
[Added 11-1-2016]
(a)
Such evaluation shall contain, at a minimum:
[1] A statement describing the nature of the use of
any buildings or areas of the site and their method of disposal.
[2] The nature of any discharges anticipated.
[3] The nature of any materials to be stored, processed,
or otherwise present on the site, and the period of time for which,
and conditions under which, such materials shall be present on the
site.
[4] The nature of the ground- or surface waters on
and around the site, including any public or private domestic users
of such waters, their classification, as designated by the Connecticut
Department of Environmental Protection's Groundwater Classification
System, and the depth to any groundwater, the nature of the soils
surrounding such groundwater, and the like.
[5] Measures to be taken by the applicant to control
any potential adverse impact on surface and ground drinking water
supplies.
[6] Other information which might assist the Commission/Board
in determining that such waters will be protected from potential adverse
impacts created or increased by the proposed development. Any such
evaluation shall be prepared by a qualified geohydrologist or other
professional who provides evidence satisfactory to the Commission/Board
that he/she is qualified to prepare such evaluations. The Commission/Board
may refer such evaluations to any governmental agency for review and
comment.
(b)
The information described in Subsection
D(17)(a)[4],
[5] and
[6] need only be provided when the information set forth in Subsection
D(17)(a)[1],
[2] and
[3] indicates the presence of materials or processes which have the potential to adversely impact groundwater.
All information required under §
500-151 above concerning the topographical features of the land, the utilities or site layout shall be shown on a map or maps prepared or approved by a registered professional engineer or surveyor. All such information concerning architectural design and construction shall be shown on a drawing or drawings prepared or approved by a licensed professional architect.
[Added 11-1-2016]
The conditions subject to which a special exception shall be
granted are as follows:
A. Architectural design. The architectural design of buildings and signs,
including the building materials and exterior elevations, shall be
of such character as to harmonize with the neighborhood and accomplish
transition in character between premises of dissimilar uses and improvements.
B. Site plan. The site plan, arrangement of buildings and other improvements,
including landscaping, storm drainage, sanitary facilities, outdoor
illumination, and vehicular parking facilities, shall be of such character
as to harmonize with the neighborhood and accomplish a transition
in character between premises of dissimilar uses and improvements.
C. Neighboring premises. The proposed use and improvements shall not
adversely affect the enjoyment, usefulness and value of premises in
the general neighborhood thereof.
D. Traffic. The proposed use and improvements shall not adversely affect
the pattern, flow, intensity or character of traffic in the public
streets or produce unsafe or inconvenient traffic congestion.
E. Crowding. The proposed use shall not unduly or unsafely increase
the degree of population concentration and building density in the
general neighborhood thereof.
F. Environment. The proposed use shall not adversely affect any neighboring
natural, recreational, historical or scenic parks, playgrounds, monuments,
buildings or preserves or neighboring wetlands and watercourses or
the natural ecological processes and function thereof.
G. Design standards. In addition to requirements elsewhere in these
regulations, the following design standards shall apply to all uses
within all districts. The intent of this regulation is to require
the use of design standards for the site design, architecture, scale,
and massing of buildings which promote and preserve the aesthetic
qualities associated with historic rural New England towns, enhance
the historic nature of the central area of Town, harmonize and remain
compatible within the Commercial District, avoid strip development,
and preserve the rural and historic appearance and character of the
area.
(1)
Site development. These standards are designed to control unattractive
commercial sprawl and strip development and to promote an attractive,
village-type commercial district and to maintain the rural residential
character of the Residential District.
(a)
Siting. All spaces and structures visible to the public from
public roadways shall be designed to add to the visual amenities of
the area. Building setbacks from the street, side setbacks from adjacent
buildings, and orientation of the axis of buildings shall be consistent
with and recognize the location, spacing, and orientation of other
adjacent buildings. Visually important rural landscapes and vistas
shall be preserved. Each site shall be designed to encourage pedestrian
movement within each site. Existing site features, such as stone walls,
large trees, and other features, shall be incorporated into all new
designs to the greatest extent possible.
(b)
Facade. The primary visual focus of the site shall be the front
yard area and front building facade. Particular attention shall be
given to architectural detail on the side of the building facing Route
80 or Route 81 and other fronting roads, even if the primary building
entrance is located on other than the side of the building facing
the fronting road. Lengthy unbroken facades parallel to Route 80 or
Route 81 and other fronting roads shall not be permitted in the Commercial
District. The maximum horizontal length of an unbroken facade facing
the primary street frontage of the lot shall not exceed 30 feet. Facade
offsets shall be sufficient to create a strong shadow line. On lots
where road frontage limits building width, and on other lots where
appropriate, buildings shall be oriented so that the narrow end (short
axis) is facing the primary road frontage.
(c)
Commercial cluster development. Where more than one building
is planned in the commercial development, uniform buildings shall
not be lined up along the primary road frontages. Buildings shall
be located in clusters of detached buildings located in a village-type
arrangement.
(d)
Parking areas. Off-street parking should be located in side
and rear yards only, and shared parking areas may be established for
adjacent lots. Uses which require 20 or more off-street parking spaces
shall have at least 20 square feet of interior landscaping within
the paved portion of the parking area for each parking space. Islands
are required to both ensure the proper channeling of pedestrian and
vehicular traffic and to separate parking aisles from major points
of access to the parking area. Each landscaped area in the parking
lot shall contain a minimum of 100 square feet, have a minimum dimension
of at least eight feet, be planted with grass or shrubs, and include
one tree not less than two inches in diameter. A landscaped area shall
be provided along the perimeter of any parking area, except where
the parking area is integrated with an adjoining parking area on an
abutting lot. The landscaped area shall have a minimum dimension of
five feet, be planted with grass or shrubs, and include one tree not
less than two inches in diameter and six feet in height for every
50 feet along the perimeter of the parking area. These requirements
can be waived or modified as deemed necessary by the Commission based
on the exact dimensions of the parking area.
(e)
Pervious parking area. Off-street parking provided and maintained as paved/impervious surface shall be counted as part of the allowable lot coverage as defined and specified in §
500-33.1 of these regulations. Parking areas composed of pervious surfaces are encouraged for all land uses and lots, unless there are overriding environmental limitations, and may be provided to meet all or part of any required parking spaces on a lot. Twenty percent of such pervious surfaces shall be counted as part of the overall allowable lot coverage. Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include:
[1] Provide pervious parking stall surfaces.
[2] Provide pervious overflow parking.
[3] Provide pervious snow-storage space.
[4] Conserve existing natural areas, including trees
on site.
[5] Minimize clearing to the extent practicable while
retaining access, sight distances, and safe vehicle flows.
(2)
Building form and materials. These standards are intended to
promote new development of such residential scale and character as
to harmonize with its surroundings, with the terrain, and with the
use, scale, and architecture of existing buildings. They encourage
the use of design elements which respect traditional architectural
styles common to the existing and traditional New England village.
(a)
Architectural design. Architectural details of the particular
style and period proposed should be incorporated into the design for
any new construction, and color, size, height, proportion of openings,
roof treatments, and building materials shall relate harmoniously
to adjacent buildings. It is not intended that the architectural details
of old buildings be duplicated precisely, but they should be regarded
as a guideline for the extent, nature, and scale of constructional
features that would be appropriate on new buildings or alterations.
Roof structures shall be hipped or gabled in appearance as seen from
any public way. Flat roofs seen from a public way shall not be permitted.
Roofs shall project enough beyond the facade to create an overhang
and cast a strong shadow. Other desirable architectural features,
where appropriate for a particular style, include multipane windows
(12 over 12, six over six), chimneys, porches, shutters, gothic arches,
white columns and entablatures, and fanlights. Examples of designed
architectural styles include Colonial, Georgian, Federal, Greek Revival,
Romantic Revival, and Victorian styles. The removal or disruption
of historic traditional or significant structures or architectural
elements shall be minimized.
(b)
Materials. Materials, texture, and color used on the exterior
walls and roof shall be those associated with traditional New England
architecture. Preferred building materials shall be brick, stone,
and wood, including narrow-width siding, clapboards or wood shingles.
Metal, unfinished concrete block, and asphalt shingle siding are prohibited.
Preferred roofing materials, where visible, should be cedar shake,
slate, copper, or reasonable equivalent. Tar paper, sheet metal, or
plastic roofing surfaces are prohibited. Stone walls, split rail fences,
picket fences, or wrought iron fences are encouraged.
(c)
Mechanical equipment. Mechanical equipment, storage areas, service
areas, trash receptacles, and similar accessory structures and uses
shall be concealed within the roof or enclosed within a structure.
Where this is not possible, mechanical elements shall be located so
that they are not visible from public streets or adjacent residential
areas. Mechanical equipment located at ground level shall be adequately
screened and landscaped.
(d)
Paving materials. The selection of paving materials must include
consideration of the need to delineate pedestrian and vehicular areas
and to maintain consistency throughout the district. Walkways along
public streets must be constructed of slate, brick, or concrete and
shall be a minimum of five feet wide. Interior walkways designed to
provide circulation within a particular site shall be constructed
of slate, brick, concrete, or suitable paving blocks, but in no case
shall they be loose gravel or earth.
(e)
Lighting. Exterior lighting shall be of a style and character
which is in harmony with the character of the district. Lighting standards
in parking areas shall not exceed 12 feet in height. Lighting or luminaires
shall have shielded light sources to prevent glare, and no exterior
lighting shall shine on adjacent properties or towards any roadways.
Pedestrian walkways shall be illuminated by light bollards or other
low-level lighting standards with shielded light sources. Building-mounted
floodlighting is discouraged.
(f)
Signs. Design and placement of signs should complement the building's
composition and architectural details. Signs shall consist of materials
and colors which are appropriate to facade design and materials, use
lettering styles, sizes, and composition that relate to architectural
style within the district, and be illuminated externally.
(3)
Rural landscaping. These standards are designed to enhance the
appearance and natural beauty of the area, protect property values,
reduce excessive heat, glare, and dust, provide privacy from noise
and visual intrusion, and prevent erosion of soil and avoid excessive
runoff of stormwater.
(a)
Plantings. All plantings shall be chosen for both durability
and appearance. Mixed hardwoods with colorful fall foliage, evergreens,
flowering shrubs, flower beds, and planters are encouraged. Use of
plant streetscape is encouraged and should be complementary to the
scale and style of the building. All building foundations should be
landscaped with suitable trees and shrubs. Any disturbed portion of
a developed lot which is not used for the site of a building or any
accessory uses shall be landscaped and maintained to minimize stormwater
runoff. Landscaping, screening, trees, and plants required by these
regulations shall be planted in good condition according to accepted
horticultural practices and shall be maintained by the property owner
in a healthy growing condition for the duration of the use on the
approved site plan.
(b)
Front landscaped area. A front landscaped area is required for
all uses and shall be covered with grass or other ground cover and
shall include appropriate trees and shrubs. On streets, shade trees
two inches in diameter and a height of six feet shall be planted for
each 50 feet of lot frontage. The purpose of the landscaping is to
enhance the appearance of the lot but not to screen the use from view.
(c)
Side yard landscaping. Side yard landscaping is required for
all uses and shall consist of plantings which effectively screen the
activity on the lot from neighboring uses. Plantings shall be at least
six feet tall at intervals of 10 feet. Nonevergreen plantings may
be used to complement evergreen plantings but may not be used as a
substitute. Earthen berms, fences, or walls may substitute for plantings,
provided that the materials are suitable and approved by the Commission.
Where the natural topography provides adequate screening, landscaping
and side yard requirements may be modified.
H. Other conditions. The Commission may deem it necessary or appropriate
to impose such other reasonable conditions for the purpose of preventing
or diminishing:
(1)
Any adverse effect of the use, land or improvements to be authorized
upon the health, safety and welfare of the community;
(2)
Any undue annoyance or disturbance of the occupants of premises
in the general neighborhood of such use, land or improvements, and
(3)
Any impairment of the suitability of such use, land or improvements
for the general principal uses permitted in the district thereof under
these regulations and predominantly existing therein.
[Amended 11-1-2016]
One copy of the application form and of each item of supporting
information which is required hereunder for approval of a plan of
special exception within the plan area where there exists any wetlands
or watercourses shall be filed by the applicant with the Inland Wetlands
and Watercourses Commission not later than the day the Planning and
Zoning Commission application is filed. If such application is not
filed with the Inland Wetlands and Watercourses Commission as prescribed
herein, the application shall be considered incomplete and the Commission
shall not proceed.
[Amended 5-18-2004]
The Commission shall hold a public hearing on
each application for a special exception. Such hearing shall commence
within 65 days after receipt of such application and shall be completed
within 35 days after such hearing commences. Notice of the hearing
shall be published in a newspaper having a general circulation in
such municipality where the land that is the subject of the hearing
is located at least twice at intervals of not less than two days,
the first not more than 15 days nor less than 10 days and the last
not less than two days before the date set for the hearing. All applications
and maps and documents relating thereto shall be open for public inspection.
At such hearing any person or persons may appear and be heard and
may be represented by agent or attorney. All decisions on the application
shall be rendered within 65 days after completion of such hearing.
The petitioner or applicant may consent to one or more extensions
of any period specified in this section, provided that the total extension
of all such periods shall not be longer than 65 days, or may withdraw
such petition, application, request or appeal.
Whenever an application for a special exception
is made to the Commission under these regulations, the Commission,
in deciding such application, shall consider and make appropriate
findings relating to the following criteria: the nature, location,
size, intensity and other structural and functional characteristics
of the proposed use; the buildings and other improvements associated
with it; and:
A. Neighboring premises. The probable effect of such
use upon the enjoyment, usefulness and value of premises in the general
neighborhood thereof and the degree and character of noticeable noise,
odor, smoke, fumes, vibration, illumination or radio or television
interference produced thereby;
B. Traffic. The probable effect of such use upon the
pattern, flow, intensity or character of traffic in the public streets
and the degree of traffic congestion produced thereby;
C. Crowding. The degree of population concentration and
building density resulting from such use and the availability of existing
provisions for fire and police protection, transportation, water,
sewage, schools, parks or other public requirements; and
D. Environment. The effect of the proposed use upon neighboring
natural, recreational, historical, or scenic parks, playgrounds, monuments,
buildings or preserves and upon neighboring wetlands and watercourses
and the natural ecological processes and function thereof.
E. Compliance with regulations. Whether the application conforms in all respects with these regulations, unless a certified copy of a variance from any such provision is submitted with the application, or the Zoning Enforcement Officer has issued a finding that the nonconformance is a legal, preexisting nonconformity in accordance with Article
V of these regulations. Also, whether the application conforms where applicable to the Killingworth Subdivision Regulations, the Killingworth Road Regulations, the Killingworth Inland Wetlands and Watercourses Regulations, the Public Health Code, as evidenced by a report of the
Town Sanitarian or his authorized designee, and all relevant provisions
of the Connecticut General Statutes, whether or not cited in these
regulations.
[Added 11-1-2016]
[Amended 5-18-2004; 11-1-2016]
The concurring vote of a majority of the members of the Commission shall be necessary to grant, or modify and grant, any application for a special exception. The vote upon an application of any member of the Commission who was not present at the public hearing or all hearings thereon may be counted, provided they have listened to the tape recording of the hearings. The Commission shall grant, modify and grant, or deny an application for a special exception within 65 days after the last public hearing thereon, except that said period may be extended with the consent of the applicant. The Commission's decision shall become effective upon filing a copy thereof in the office of the Town Clerk as prescribed in §
500-158, provided that a copy thereof shall have been recorded in the Killingworth Land Records as required in §
500-158.
A. The Commission shall not render a decision on the
application until the Inland Wetlands and Watercourses Commission
has submitted a report with its final decision to the Commission.
In making its decision the Commission shall give due consideration
to the report of the Inland Wetlands and Watercourses Commission.
B. Notwithstanding the provisions of this section, if an application involves a regulated activity upon an inland wetland or watercourse and the time for a decision by the Planning and Zoning Commission established pursuant to §
500-154 would elapse prior to the 35th day after a decision by the Inland Wetlands and Watercourses Commission, the time period for a decision shall be extended to 35 days after the decision of such agency. The provisions of this subsection shall not be construed to apply to any extension consented to by an applicant or petitioner.
C. The Commission may approve any application subject to such conditions
or modification as may be necessary or desirable to further compliance
with the criteria of these regulations.
D. The copy of the final plans to be filed in the office of the Town
Clerk shall include all conditions or modifications required by the
Commission.
The Commission may, upon application therefor,
grant an amendment to any special exception previously granted but
not terminated, subject to and in accordance with the provisions of
these regulations authorizing the grant of the original special exception.
No such amendment shall authorize any use or improvement except in
conformity with these regulations as in effect on the effective date
of such amendment.
Except as provided in §
500-161, the authorization of any special exception shall terminate:
A. Application. By order of the Commission issued upon application therefor by an applicant described in §
500-149;
B. For any special exception, the applicant shall commence construction
of any building or structure, or the establishment of any use, within
one year of the effective date of such approval; said construction
or establishment shall be completed by the applicant, and a certificate
of zoning compliance and certificate of occupancy, where required,
shall be issued within two years of the effective date of such approval.
Any such approval not undertaken and completed within the time limits
contained in this section shall be null and void. The applicant may
request a single extension of each of the time periods specified above;
[Amended 11-1-2016]
C. Abandonment. If the use or improvement authorized
thereby is abandoned; and
D. Terms of grant. Upon the happening of any event or
the expiration of any period of time prescribed by the terms of the
grant of such special exception.
The authorization of a special exception shall not terminate pursuant to §
500-160B if the pertinent use or improvement ceases by reason of fire or other casualty, provided that:
A. Notice. Notice of intention to resume or restore such
use or improvement is filed with the Zoning Enforcement Officer within
six months after cessation; and
B. Completion. Such resumption or restoration is made
and completed within two years after cessation.
[Amended 11-1-2016]
Any prospective applicant for a special exception hereunder may, prior to making the application prescribed in §
500-150, submit to the Commission, and the Commission may consider and discuss with the prospective applicant, a preliminary application for the purpose of presenting preliminary plans or concepts and receiving preliminary comments, observations, questions, or areas of concern. The submission of such preliminary application shall not constitute an application under §
500-150, and neither the applicant nor the Commission shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense and inconvenience to the public, the proponent, and the Commission upon the future receipt, if any, of a formal application for special exception. Six copies of such preliminary application shall be filed and should include:
A. A general site plan. Such site plan should show plot
boundaries, principal natural features, location and ground plan of
each structure, including accessory buildings, and the type and location
of the sewage and water systems, roadways and parking facilities;
and
B. Architectural rendering. An architectural rendering,
showing landscaping and general building and sign designs and arrangement.
[Amended 11-1-2016]
A special exception shall not be granted hereunder
to any applicant if a previous application by him/her for a special
exception to authorize substantially the same use has been denied
on its merits after a public hearing.
[Amended 11-1-2016]
A fee is required as specified under §
275-4 of the Code of Killingworth for the processing of applications, publication of notices of hearing and decision, and inspection of the proposed site and improvements.