In accordance with the procedures, standards and conditions hereinafter
specified, the Commission may grant special exceptions for the establishment
of one or more uses for which a special exception must be secured from the
Commission as specified in Article III, District Requirements, and these regulations.
All requirements of this section are in addition to other requirements applicable
in the district in which the special exception use is to be located.
A.
Uses permitted after securing a special exception from
the Commission are deemed to be permitted uses in their respective districts,
subject to the satisfaction of the requirements and standards of this section.
Special exception uses that may be permitted in a particular district are
unusual uses that under favorable circumstances will be appropriate, harmonious
and desirable uses in their districts but that possess such special characteristics
that each use should be considered as an individual case. In authorizing the
issuance of a special exception, the Commission shall take into consideration
the public health, safety and welfare and shall prescribe appropriate conditions
and safeguards to ensure the accomplishment of the following objectives:
(1)
All proposed structures, equipment or material shall
be readily accessible for fire, police and other emergency protection.
(2)
The proposed use shall be of such location, size and
character that it will be in harmony with the appropriate and orderly development
of the zone, the neighborhood and the city and will not be detrimental to
established properties in the area.
(3)
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection with such use, its site
layout and its relation to access streets shall be such that both pedestrians
and vehicular traffic to, from and in the vicinity of the use will not be
hazardous, inconvenient or detrimental to the character of the zone or conflict
with the traffic characteristics of the neighborhood.
(4)
The location and height of buildings; the location, nature
and height of walls and fences; and the nature and extent of landscaping on
the site shall be such that the use will not hinder or discourage the appropriate
development and use of adjacent land or buildings or impair the value thereof.
(5)
The architectural design and style of all buildings and
other structures to be erected on the lot shall not conflict with the architectural
design and style of adjacent properties.
B.
The Commission may refuse to grant a special exception
if it has reasonable cause to believe that the proximity of the proposed special
exception use will have a detrimental effect upon any church, school, library,
public playground or similar facility or use and that the number of similar
special exception uses in the vicinity is such that the granting of a new
special exception is detrimental to the public health, safety and welfare.
An application for a special exception shall be made to the Commission
and consist of:
A.
A completed general information form as prescribed by
the Commission and the required application filing fee.
B.
Statement of use: a written statement describing the
proposed use in sufficient detail to determine the compliance with the standards
of these regulations. 10 copies shall be submitted.
C.
A site development plan that is prepared in accordance
with Article V of these regulations (10 copies).
D.
An erosion and sedimentation control plan, if the total
land area to be disturbed exceeds 1/2 acre, prepared in accordance with
Article XIV of these regulations (10 copies).
E.
Preliminary architectural renderings showing building(s)
elevation, mechanical equipment to be mounted on the roof, exterior finish
materials of the building, window treatment and schematic building floor plans
depicting square footage calculations by use. The Commission may grant a waiver
on any or all of these architectural requirements if deemed appropriate and
will not impair the integrity of the regulations.
F.
Each application for a special exception shall include
a list, prepared by the applicant, of the names and mailing addresses of the
owners of all land included within the application and all land within 500
feet, 200 feet for home occupations, or less distant therefrom. All names,
addresses and properties shall be shown on the most recent records and maps
on file in the City Assessor's office. The applicant shall send certified
mail notification of said pending application to at least one owner of each
property not more than 15 days nor less than 10 days before the date of the
public hearing, by transmitting the public hearing notice as provided by the
Commission. Evidence of such mailing, in the form of certified return receipts
issued by the United States Post Office, shall be submitted to the Commission
or its designated agent(s) not less than five calendar days prior to the hearing
date. Failure to comply with any of the procedures herein shall be deemed
valid basis for denial of the special exception permit application.
G.
Sewage and refuse disposal and water supply.
(1)
Where applicable the proposal shall indicate manner of
sewage disposal and method of water supply. When a new or existing sewage
disposal method is proposed, the applicant shall be responsible for the submission
of a report from the Health District commenting on the adequacy of the proposed
method. If the proposed development is to be dependent upon the existing municipal
sewer system, the applicant shall be responsible for the submission of a report
from the Health District commenting on the adequacy of the proposed method.
If the proposed development is to be dependent upon the existing municipal
sewer system, the applicant shall be responsible for the submission of a report
from the Derby W.P.C.A. commenting on the availability and timing of sewage
disposal services for the proposed development.
(2)
If the project is to be served by an existing water supply
system, written confirmation of the availability of service shall accompany
the application. Site plans and/or architectural plans shall show provisions
and manner for refuse disposal.
H.
Where an application for a special exception involves
only a portion of a vacant lot or parcel of land, the proposed plan shall
indicate the manner in which the remainder of the land shall properly relate
to the development proposed.
I.
In cases where unusual topographic, drainage or other
conditions exist, the Commission may require the submission of additional
data pertinent to its review.
J.
Traffic study. Any development proposal in excess of
5,000 square feet of retail, commercial, office or industrial floor space
shall be accompanied by a traffic study evaluating the impact of proposal
on thoroughfares serving and/or affected by the development. The study shall
include, at least, data and information on existing ADT (average daily traffic)
of principal road(s) peak hour traffic, adequacy of right-of-way and travelway;
traffic impact of proposed development, traffic generation data, location
of road cuts within 300 feet from the development site, traffic lights and
intersections, and recommendations for safe pedestrian and vehicular circulation,
including provisions for safe sidewalks and crosswalks for pedestrians. Where
applicable, the applicant shall include the written recommendations of the
Connecticut Department of Transportation and the City Engineer.
K.
Fire protection. It shall be the responsibility of the
applicant to submit a report from the Fire Marshal commenting and/or recommending
on fire protection provisions affecting the development or abutting properties.
L.
Floodplains: Upon receipt of a complete special exception
application by the commission involving special exceptions proposed to be
established upon any area of special flood hazard, the Commission shall transmit
a copy of said application to the City Engineer for a report. Within 35 days
after receipt of a copy of the application, plans and documents, the Engineer
shall report recommendations to the Commission, stating the reasons therefor.
Special exceptions proposed to be established in any floodplain district shall
be located and designed to be consistent with the need to minimize flood damage
within the flood-prone area and shall conform to all of the standards and
provisions of the Floodplain Management Ordinance of the City of Derby or
such legal variance as may be approved thereunder.[1]
M.
Any other such information required by the Commission
in order to determine compliance of the application with both intent and purpose
of this regulation.
A.
Public hearing process and decisions. The Commission
shall hold a public hearing within 65 days of the official date of receipt
of a complete application for a special exception, including all supporting
documentation. Notice of the time and place of such public hearing shall be
published at least twice in a newspaper having a substantial circulation in
the City of Derby, at intervals of not less than two days. The first publication
shall be not more than 15 days nor less than 10 days prior to the hearing,
and the last shall be not less than two days before the date of such hearing.
The Commission shall act on the application not later than 65 days after the
close of the public hearing. The Commission shall state upon its records the
reason for its decision. Written notice of the decision of the Commission
shall be sent, by certified mail, to the applicant within 15 days after such
decision has been rendered. Notice of the action of the Commission shall be
published in a newspaper having substantial circulation in the City of Derby
within 15 days after such action has been taken.
B.
Conditions and safeguards. The Commission may grant a
special exception subject to certain conditions or safeguards, including time
constraints for site construction activities or duration of said use. Any
condition or safeguard attached to the granting of a special exception shall
remain with the property as long as the special exception remains in effect,
the specific time period associated with the granting of a special exception
lapses or the special exception is revoked. Should the property change ownership,
all conditions and safeguards of the special exception shall remain in effect.
C.
Time requirements. When granting a special exception,
the Commission may impose time constraints on the permitted use and/or require
a periodic renewal of the special exception. In the event that an appeal is
taken on the Commission's action of granting a special exception, the conditional
time period shall commence upon the date of final disposition of said litigation.
(1)
A building permit or a certificate of occupancy (in cases
where a building permit is not required) must be issued within six months
of the special exception approval date. Failure to comply with this requirement
shall result in the expiration of said special exception. An expired special
exception shall be considered null and void and no building permit or certificate
of occupancy thereafter shall be issued for said expired special exception.
(2)
Failure to complete all work as approved under the granting
of the special exception within five years from the date of approval or a
lesser time period if so specified by the Commission shall result in the automatic
expiration of the approval, provided that the Commission files notice of such
expiration on the city land records.
The Commission, in considering and reviewing the application and arriving
at its decision, shall find that the following conditions have been or will,
by the proposal or conditions attached to the Commission's approval thereof,
be met:
A.
The location, nature and size of buildings and the architectural
design of same shall be compatible with neighboring properties and their uses
and shall not hinder or discourage the appropriate development or use of land
and buildings nor impair the value thereof.
B.
The location, size and intensity of the proposed use
or uses and the size and location of the site shall be in harmony with the
appropriate and orderly development of the district in which it is located.
C.
Streets and other rights-of-way shall be of such size,
condition and capacity to adequately accommodate the traffic to be generated
by the particular proposed use(s).
D.
The proposed use(s) shall not impair the public health,
safety or welfare.
E.
Where it is proposed to convert a structure designed
and built originally for other uses, the applicant shall show the adaptability
of such structure to the proposed use, particularly in relation to the public
health and safety.
F.
Where a proposed use abuts or is in a residential zone,
the Commission may regulate hours of operation taking into consideration intensity
of lighting, noise and traffic generation.
Special exceptions may be revoked by the Commission, provided that notice
of said revocation is filed on the city land records by the Commission and
the Commission determines one or more of the following conditions to exist:
A.
The building permit or certificate of occupancy (when
a building permit is not required) is not issued within six months of the
date of approval of the special permit;
B.
The Commission or its designated agent(s) determines
that information submitted with the special exception application was incorrect,
inaccurate or invalid;
C.
Failure to complete the project within five years or
a lesser time period if so specified by the Commission from the date of approval
of the special exception.
D.
Failure to comply with any imposed condition and/or safeguards
of the special exception shall be considered a violation of these regulations.
If a condition or safeguard is not complied with within a period of time as
specified in a notice of noncompliance issued by the Zoning Office, the special
exception may be revoked by the Commission following a public hearing on said
violations. For purposes of the section of the regulations, each successive
day of said violation(s) continuing shall be considered a separate violation;
E.
Upon the happening of any event that is prohibited under
the terms of granting the special exception or appropriate city regulation,
code or ordinance; or
F.
The owner of said property petitions the Commission for
the revocation of said special exception.
A.
When the Commission determines that a proposed amendment
or a modification of an approved special exception is to be minor in nature
and will not impact the substance of the original approval, the amendments
or the modifications may be authorized by the Commission without the calling
of a public hearing.
To assure conformance with all work being completed in accordance with
the approved site development plan and other approved required documents exclusive
of buildings, a performance bond in an amount and form acceptable to the appropriate
city authorities shall be posted prior to the start of said work. The Commission
may also require the posting of a maintenance bond upon the completion of
said work. Such bonds, when required, shall be in conformance with the provisions
of the Derby Zoning Regulations.
A special exception granted by the Commission shall become effective
upon the filing of a copy thereof in the Office of the Town Clerk and in the
city land records in accordance with Section 8-3(d) of the General Statutes
of Connecticut, as amended.
