Killingworth City Zoning Code
ARTICLE XXVI
Special Exception Procedure
§ 500-149 Authority to apply for special exception.
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.
§ 500-150 Submission of 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.
§ 500-151 Supporting information.
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.
§ 500-152 Maps and drawings.
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.
§ 500-152.1 General conditions.
[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:
(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.
§ 500-153 Submission to Inland Wetlands and Watercourses Commission.
[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.
§ 500-154 Public hearing.
[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.
§ 500-155 Standards.
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,[1] the Killingworth Road Regulations,[2] the Killingworth Inland Wetlands and Watercourses Regulations,[3] 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]
§ 500-156 (Reserved) [1]
[1]
Editor’s Note: Former § 500-156, Records, was repealed 11-1-2016.
§ 500-157 Decision.
[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.
§ 500-158 Notification of decision.
A.
Each special exception granted shall be in a writing, which shall:
(1)
Specify the name of the record owner or owners of the premises with respect to which it is granted;
(2)
Describe the premises, by metes and bounds or courses and distances, with respect to which it is granted;
(3)
Describe in detail the particular use and improvements authorized; and
(4)
Specify any conditions, other than those prescribed in these regulations, imposed by the Commission.
B.
Said writing shall be signed by the Chairman or Secretary of the Commission. A copy of each special exception shall be filed in the office of the Town Clerk and shall be recorded in the Killingworth Land Records. The applicant or his attorney or agent of record shall be notified of the Commission's decision on his application by certified mail, dispatched within 15 days after such decision has been rendered. Notice of the decision shall be published in a newspaper having a substantial circulation in the municipality within 15 days after such decision has been rendered. Such notice shall be a simple statement that such application was granted, modified and granted, or denied together with the date of such action.
§ 500-159 Amendment of special exception.
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.
§ 500-160 Termination of special exception.
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.
§ 500-161 Casualty.
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:
§ 500-162 Preliminary application.
[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.
§ 500-163 Reapplication.
[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.
§ 500-164 Filing fee.
[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.
§ 500-165 (Reserved) [1]
[1]
Editor’s Note: Former § 500-165, Performance bonds, was repealed 11-1-2016.