The purpose of this zoning district (the "Village District") is to integrate and reconcile the protection and preservation of aesthetic resources and promote environmental protection, economic development, education, recreational development, historic preservation and the preservation of community character concerning the Higganum Center area of the Town of Haddam that possesses characteristics consistent with village centers. Specifically, this Village District exists to promote and preserve community assets and unique resources, and encourage denser commercial development consistent and in harmony with existing structures in the Higganum Center area of the Town of Haddam. These regulations are not promulgated pursuant to C.G.S. § 8-2j and are not intended to create or require the imposition of any regulations pursuant thereto.

Furthermore, it is the intent of this article to encourage the conservation, conversion and preservation of existing buildings and uses in a manner which maintains or enhances the historic, natural and community character of the Higganum Center area of the Town of Haddam, and is consistent with village center architecture, denser commercial village land use patterns, and a pedestrian-friendly atmosphere. The arrangement and orientation of any proposed building or site improvement should be both appropriate for the property, and consistent with the development of the village center, adjacent properties, and properties within the immediate neighborhood.

In addition to specifying minimum standards for the Village District, and in order to encourage denser commercial development consistent with village centers, this Village District also provides a special procedure that authorizes the Planning and Zoning Commission (as used herein the term "Commission" shall mean the Planning and Zoning Commission) to modify certain standards of the regulations under special circumstances. The purpose of this modification procedure is to encourage property and business owners to develop commercial uses that go beyond simply meeting the minimum standards in order to substantially advance the goals of this Village District. This modification procedure is limited to certain regulatory standards, and is further limited in the degree to which any modification may be approved. Specifically, this modification procedure to be utilized by the Planning and Zoning Commission does not provide for complete variance relief as is delegated to the Zoning Board of Appeals of the Town of Haddam, as provided by law.

Enumeration of review processes.

This Village District shall not apply to existing nonconforming buildings and uses unless otherwise provided by Article XXXII of these regulations.

New streets or major driveways (e.g., common driveways or driveways serving buildings of more than 15,000 square feet of total floor area) shall be connected to a state highway or Town road.

Notwithstanding any provision of these regulations, and to the extent permitted by state health and sanitation regulations, shared septic and well system arrangements that facilitate denser commercial development are encouraged.

The landscape design of any site development proposal shall reinforce functional qualities of existing open space and landscape patterns within the Village District.

To the extent possible relative to site constraints, safety issues and traffic patterns, parking areas shall not be located in a required minimum front yard, and parking areas shall be designed with no more than 10 spaces without a landscaped island or buffer area.

Notwithstanding any provision of Article XXIV of these regulations, parking areas shared with adjacent properties, or parking on public streets in designated places, are encouraged and may receive credit for compliance with Article XXIV, subject to any shared parking being consistent with the purpose and scope of this article and the public safety. To the extent possible, given constraints, all shared parking areas shall include access to adjacent parking areas and undeveloped parcels to assure a coordinated and consistent parking area for the entire Village District. Where shared parking is provided or on-street parking is available, the Commission shall have the discretion to determine the total required spaces consistent with the use of the properties.

Provision for safe and convenient pedestrian access shall be included.

To the extent possible given site constraints, exposed storage areas shall be limited, and machinery, waste containers, service areas, truck loading areas, utility buildings, and central air conditioning facilities shall be screened from view of public streets and abutting properties using plantings, fencing or other methods compatible with the purpose and scope of this article as may be determined by the Commission.

Plain concrete, plain metal, and plain plywood are not permitted building materials for the exterior street or parking area facade(s) of any building unless such materials are approved by the Commission within its discretion, or as part of a modification request as provided herein.

Any use not expressly permitted hereunder is prohibited. The following uses are permitted as of right in the Village District, subject to these regulations:

An applicant may seek a modification of any regulatory requirement concerning a use permitted by administrative, site plan or special permit review, as provided by § 270-34 of this article. However, the provisions of the modification provisions of § 270-34 must be substantially satisfied as determined by the Commission, including, but not limited to, the public hearing requirement.

In an effort to encourage denser development within the Village District consistent with a village center, and promote environmental protection, economic development, education, recreational development, historic preservation and the preservation of community character within this Village District, an applicant may seek a modification of certain regulatory requirements as provided by this section. In addition, to those minimum standards required by this article, and those standards provided by the administrative review and zoning permit, site plan, and special permit review and approval processes, the applicant must demonstrate to the satisfaction of the Commission that such modification adds to and complements the character of the Village District, does not adversely impact upon adjacent property or properties in the Village District, and substantially satisfies the standards as provided in this section. This is not a variance procedure as permitted by C.G.S. § 8-6 and the procedure is limited to the following regulatory requirements applicable to the Village District; and if not expressly provided for herein, no modification of any other requirement may be granted by the Commission nor may the Commission grant a modification or change in use.

The Commission may not grant any modification in excess of 75% of the regulatory requirement sought to be modified in effect at the time of the request. Article IV, Table I,[1] shall set the minimum and maximum modifications that may be granted.

Any application to modify any of the aforementioned regulatory standards is subject to a public hearing as provided by C.G.S. § 8-7d. In addition, any such application must satisfy this section, and Articles XVIII and XIX, if such proposal requires site plan or special permit approval, respectively. No showing of a hardship shall be necessary for the Commission to grant any modification pursuant to Article VIII, inclusive, nor shall any regulation herein prohibit any applicant from seeking a variance in addition to any modification which may be granted hereby.

In addition to the regulatory standards set forth in § 270-32, in reviewing a modification request as provided for in this article, the Commission may consider any of the following standards if it determines such standards to be applicable or relevant to the application, and may approve such modification application if it determines in its discretion that such application substantially satisfies such standards:

The applicant shall provide an architectural plan illustrating project elevations, architectural features, building materials, lighting designs and landscaping designs.

The applicant shall demonstrate to the satisfaction of the Commission that the proposed modification will produce equal or better results than could be achieved by a site development without the requested modification, and further demonstrate that the requested proposed modification is the minimum necessary to achieve a site development consistent with the purposes, scope, goals, objectives and standards of this article, and is consistent with the public health and safety as provided by these regulations.

If the Commission determines, in its discretion, that the applicant has substantially satisfied the requirements for a modification, the Commission may, by a majority vote of the Commission, vote to approve the modification application request. This modification approval shall be specifically noted on the approved plans, and notice of such modification shall be recorded on the land records of the Town of Haddam within 60 days of the date of the approval, or within 60 days of the expiration of any appeal period, as provided by law.

The Planning and Zoning Commission authorizes the Zoning Enforcement Officer of the Town of Haddam (ZEO) to approve certain uses as provided by § 270-33A(1) of this article, addressing uses permitted by administrative review and zoning permit. This is not a delegation of enforcement authority for such enforcement that may be provided for under C.G.S. § 8-6.

The ZEO may approve certain uses as provided by § 270-33A(1), subject to the applicable provisions provided in these regulations. Any application for a zoning permit as provided by this § 270-35 shall be requested, in writing, by the owner of the subject property.

Any decision by the ZEO concerning an application for a zoning permit as provided in this § 270-35 shall be noticed by newspaper publication within 15 days of such decision. The applicant shall be responsible for the cost of publication and the Town shall cause same to be published. Any such cost and fees shall be collected as part of the application fee when the application is submitted to the Clerk of the Commission.

Any party aggrieved by a decision of the ZEO concerning an application for a zoning permit as provided by this section may petition the Planning and Zoning Commission, within 15 days of the date that notice of the ZEO's decision is published, to review the application This provision applies to an aggrieved applicant who must publish notice of the ZEO's decision as provided by Subsection C, regardless of whether the ZEO's decision is to approve or deny the applicant's application for a zoning permit. The Commission shall entertain a public hearing or meeting, at its discretion, concerning such petition at the Commission's next regular scheduled meeting, provided that notice of such public hearing, in the event the Commission requires same, is published as provided by C.G.S. § 8-7. The provisions of C.G.S. § 8-7d shall apply to such public hearing. A filing fee for such appeal shall be required, which shall include an amount sufficient to satisfy costs associated with all public hearing and decision publication requirements.

The Commission will review de novo any application submitted pursuant to this § 270-35 for the purpose of determining whether the application complies with the terms and provisions of this section. The Commission shall render a decision on any such application. Any such decision by the Commission shall be published as provided by law and is subject to appeal as provided by C.G.S. § 8-8.