Mansfield City Zoning Code

Permitted uses; general application requirements. Permitted uses are found in the use tables located within these Regulations which delineates the primary uses, which may be authorized within the various established Design Development Districts and specifies the type of approval, which shall be obtained. New developments and major expansions or changes of use require special permit or site plan approval of the Planning and Zoning Commission as per the application and approval requirements of § 190-73 and § 190-74. Applicable performance standards (§ 190-75), dimensional requirements found in each zoning district table, flood hazard provisions (Article 10), The Mansfield Sand and Gravel Ordinance (see Appendix), and other pertinent zoning requirements, including the special provisions of for each Design District shall be met. Developments shall also comply with applicable provisions of the Mansfield Subdivision Regulations and the Inland Wetlands and Watercourses Regulations.

Informal review. All prospective applicants considering development within established or proposed Design Development Districts are encouraged to review with the Director of Planning and Development, on an informal and non-application basis, preliminary development plans. Utilization of this process may enable a prospective applicant to obtain meaningful preliminary feedback prior to a major commitment of resources. To maximize the benefits of an informal review, it is recommended that prospective applicants provide enough information to allow the subject proposal to be considered with respect to the Town's Plan of Conservation and Development, the Architectural and Design Standards of § 190-77 and important development factors, such as, but not limited to the following: Water supply, sanitary waste disposal, drainage and storm water impacts, traffic and circulation, fire protection and impacts on the natural environment and neighboring properties.

Zone change/special application requirements.

Architectural plans. All special permit or site plan applications for development in a Design Development District shall include detailed architectural plans for all proposed buildings and structures, including recreational facilities and signs. Said plans shall include exterior elevations, floor plans and information on the nature and color of building materials. The architectural plans shall incorporate all architectural and design standards of § 190-77. This requirement may be waived or modified by the Commission for changes in use of existing buildings, additions, or for minor applications where all or portions of the architectural information are not considered necessary to determine compliance with these Regulations.

Road and infrastructure improvements.

Landscaping and buffering. Landscaping and buffering improvements are considered particularly important in the Design Development Districts and should be carefully provided for in any special permit or site plan application for development in one of these zones. See provisions of § 190-75D(17) and § 190-77.

Special dimensional exceptions. To encourage compliance with the goals and standards of § 190-77 (Architectural and Design Standards) and to promote greater design and layout flexibility and the coordinated development of adjacent properties, dimensional requirements related to building and site design identified in other sections of these regulations for properties in Design Districts may be altered by the Commission through the site plan approval or special permit approval process. Appropriate dimensional requirements shall be determined by the Commission based on all applicable approval criteria of these Regulations, the design and layout provisions of § 190-77 and all other applicable provisions of these Regulations. Dimensional requirements that may be adjusted in accordance with this provision include dimensional requirements unique to specific uses or zoning districts identified in the use tables; and dimensional requirements identified in for a specific Design Development Districts. Any adjustments to dimensional requirements proposed through the site plan approval process shall require a public hearing in accordance with the requirements of § 190-74.

Special reports. All applicants proposing development in one of the Design Development Districts shall be prepared to submit detailed information regarding the specific proposed use and the impacts associated with the proposed development with their special permit or site plan application. Professionally-prepared traffic studies, watershed and drainage analyses, comprehensive environmental assessments and reports regarding the proposed use, generation, transportation, storage or disposal of any hazardous or genetic materials are examples of the types of specialized information that the Commission may require of an applicant in a Design Development District. The submission of special reports shall be particularly applicable to larger residential and commercial developments and all proposals in the RD/LI Zone. All special reports should consider the Performance Standards of § 190-75 and the Special Permit and Site Plan approval criteria of these Regulations.

Private/common interest ownership facilities. In all projects where open space or recreation facilities and/or infrastructure improvements such as roadways, drainage, sanitary sewer or water systems are to remain in private and/or "Common Interest Ownership" status, the special permit or site plan application for the subject development shall include a comprehensive report detailing provisions that will be established for association governance and the maintenance and upkeep of said areas and facilities. Said provisions shall include the power of levying assessments through covenants enforceable against privately-owned land within the development project and/or the establishment of escrow accounts or other suitable measures to help ensure the availability of funds for the maintenance of facilities. The applicant shall be responsible for submitting to the Town, with the application, suitable construction and maintenance agreements. (See § 190-91.)

Contiguous parcels under separate ownership. Contiguous parcels under separate ownership may be developed jointly under a single site plan or special permit application. In these cases, setback requirements and landscape/buffering requirements shall relate to the total area being developed under the proposal.

Minimum acreage to create a new design development district. The following minimum acreages are required to create a new Design Development District: ARH - 5 acres; DMR - 5 acres; SER-HO - five acres; PB-1 or PB-2 - 5 acres; RD/LI - 10 acres.

Other dimensional provisions. See applicable dimensional requirement tables and notes for other dimensional requirements including additional dimensional provisions for some of the Design Development Districts.

Pedestrian/public transit improvements. All developments shall provide appropriate pedestrian and public transit improvements, as determined by the Commission. The degree of improvements shall be tied to the size and nature of the development. Trail and sidewalk, bikeway improvements, bicycle racks, bicycle lockers, bus stops with shelters, and other amenities that promote public transportation and pedestrian and bicycle traffic may be required.

No principal buildings may exceed the height of two stories or 40 feet, except a third story may be allowed if one of the three stories is a basement level as permitted below. In this instance said building height shall not exceed 45 feet.

On a sloping site, a maximum height of three stories is allowed for a lower basement level with public egress, so long as the exposed basement level of the building does not exceed 50% of the foundation perimeter. No accessory building shall exceed the height of 15 feet.

Protect Mansfield's natural resources, including existing and potential surface and ground drinking water supplies, from potential adverse impacts including erosion and sedimentation problems and water contamination;

Protect residential properties from potential adverse impacts including noise, dust, visual impacts and other nuisance problems and the lowering of property values;

Protect citizens from potential vehicular or pedestrian traffic hazards;

Promote safe site conditions;

Promote appropriate site restoration and provide for appropriate future uses of the subject property;

Promote Plan of Development goals, objectives and recommendations.

Filling, grading or removal of less than 100 cubic yards of material over a period of 12 months on a lot;

Filling, grading or removal of material associated with agricultural, horticultural or landscaping activity on one part of a property to another part of the same property;

Filling, grading or removal of material associated with the construction of a new building, the addition to an existing building, the installation or improvement of site features accessory to such building or other site activity for which site plan or special permit approval (or site modifications thereof) has been granted by the Commission and a Zoning Permit has been issued;

Filling, grading or removal of material associated with the construction of a road, public improvements or recreational improvements as shown on a subdivision map approved by the Commission;

Filling, grading or removal of material on land in public use [pursuant to Section 7-148(c)(8)(C) CGS];

Filling, grading or removal of material associated with the repair of an existing septic system pursuant to State Health Code requirements;

Filling, grading or removal of material associated with the installation of a new septic system on an existing lot or a proposed subdivision lot, provided no more than 350 cubic yards of material are deposited or removed from each lot;

Filling, grading or removal of material associated with the construction or alteration of a building, wall, fence, utility line, driveway, swimming pool, patio, lawn, garden or other site improvement for which a Zoning Permit has been issued, provided that application demonstrates that no more than 500 cubic yards of material are to be deposited or removed from the lot. This exemption shall only apply during the period between the issuance of a Zoning Permit and the issuance of the associated Certificate of Zoning Compliance.

Filling, grading or removal of material associated with activities located in an SC-SDD zone district for which a zoning permit has been issued.

A statement of use describing the proposal in sufficient detail to determine compliance with all applicable approval criteria of § 190-74 and the approval criteria of Subsection E and F of this regulation. At a minimum, the following information shall be provided:

A data accumulation plan, with Class D and TD certification, prepared by a licensed professional land surveyor, showing the following off-site information:

For proposed excavation activities, particularly those involving the removal of more than 5,000 cubic yards of material from a site (including all cumulative phases), the Commission shall have the right to require a comprehensive analysis (by a hydro-geologist, licensed Professional Engineer or other qualified professional) of test pit and soil boring information adequate to determine ground water elevations, direction of ground water flows, depth of bedrock and grain size distribution (i.e., percent gravel, percent sand, etc.). The analysis shall address the proposed depth of excavation with respect to the maximum water table, potential ground water and environmental impacts and how the nature of the material will influence its potential for dust problems and site restoration efforts.

Depending on the size and nature of the proposed activity and the specific physical characteristics of the area, the Commission shall have the right to require additional detailed information if it finds the information is necessary to review the application and determine compliance with applicable regulations and approval criteria. Such information may include, but shall not be limited to: drainage calculations and analysis prepared by a licensed professional engineer, environmental and neighborhood impact analysis by qualified professionals and property value analysis by a licensed professional appraiser.

Except as noted below, to protect the health, welfare and safety of Mansfield residents, all approved work shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. Additionally, sales and deliveries may be made from 7:00 a.m. to 7:00 p.m. on Saturday. Depending on specific site and neighborhood characteristics, the Commission shall have the right to modify these time restrictions, including the imposition of more restrictive work hours and restrictions on trucks arriving at a site prior to authorized hours of operation.

Truck access roads to and within the permit premises shall be arranged to minimize danger to vehicular and pedestrian traffic and to minimize nuisance to surrounding property owners. When required by the Commission, such access roads shall have a dustless surface, which is to be maintained in good condition at all times.

Provisions shall have been made for appropriate traffic controls, including barricades or fencing, highway warning signs and traffic control persons as deemed necessary by the Planning and Zoning Commission.

In considering any proposed activity, the Commission shall determine that appropriate measures shall be taken to protect nearby property owners from visual impacts, drainage impacts, noise impacts, dust impacts and potential property value impacts. Such measures, in addition to others required by the Commission, may include:

If any excavation shall take place within 50 feet from a property line, the applicant shall give notice of the application to the owner(s) of property from which such 50 feet is measured within seven days following the Commission's receipt of the application. Said notification, which shall be sent by Certificate of Mailing, shall include the date and time of the scheduled Public Hearing, the applicant's Statement of Use and mapping that depicts areas of proposed activity. The notice shall also reference that the complete application is available for review in the Mansfield Planning Office.

Where an excavation has a depth of more than 10 feet and a slope of more than three to one, suitable safety precautions as determined by the Commission shall be taken to prevent conditions detrimental to the public safety, health and welfare. Such precautions may include fencing, terracing, berms, control of the entrances and exits to the site and requirements for daily regrading of cut faces.

In considering any proposed activity, the Commission shall determine that appropriate measures shall be taken to protect on-site as well as off-site natural resource features, including surface and ground water quality. In addition to requiring strict adherence to the site development principles and sediment and erosion control plan provisions of § 190-75D(18) and (19), the Commission shall have the right to require undisturbed buffer areas (see § 190-75D(17)(b), the right to limit the size of project phases, and the right to restrict on-site vehicle maintenance and on-site storage of fuels, oils or other chemicals. Additionally, as a condition of approval, the Commission shall have the right to require periodic environmental testing and the submission of professional monitoring reports, including, but not limited to, information on ground water elevations and ground water and surface water quality.

To help protect ground water quality and assure the suitability of the site for future uses, including on-site septic systems, all excavations (except as noted below) shall retain an undisturbed area at least five feet thick above the maximum ground water elevation. For excavations directly associated with a proposed subdivision or specific construction project or for exceptional situations within sewered areas or commercial zones, the Commission shall have the right to reduce this distance above maximum ground water elevation, provided the applicant demonstrates with detailed documentation that a reduction on all or part of the subject site will not detrimentally affect potential permitted uses of the site or ground water quality.

Topsoil stripped from the site shall be stockpiled on the premises and shall not be sold or removed from the premises without prior Commission approval. Upon completion of site work within each approved project phase, the site shall be restored in accordance with the approved erosion and sedimentation control plan and in a manner compatible with anticipated future uses. At a minimum, all revegetated areas shall have a uniform depth of at least four inches of topsoil, of a quality acceptable for the subject restoration plan. In situations where subsoil is excessively drained, more than four inches of topsoil can be required. The Commission also shall have the right to restrict the on-site burial of trees, stumps or rocks, and no trash, refuse or other materials shall be buried on site.

To help ensure compliance with proposed contours and other approval requirements, the Commission shall have the right to require the setting and maintenance of vertical and horizontal control points around the perimeter of the site or individual phases.

Depending on site and neighborhood characteristics, the Commission may authorize, on a temporary basis, the on-site use of portable screening or sorting devices and/or portable crushing devices. Restrictions, including limits on the number of days or hours of operation for use of the devices, the location and storage of the devices, may be imposed by the Commission.

No permanent or ongoing commercial processing of materials and no fixed machinery shall be allowed.

All proposed temporary processing activities shall be subject to the approval criteria cited in Subsection E of this regulation.

Depending on site and neighborhood characteristics, the Commission may require the enclosure or wetting of materials at various processing steps.

All permits or renewals for the filling, grading, excavation, removal or processing of materials approved pursuant to this regulation (does not include exempt activities as described in Subsection B) shall expire on July 1 of the year following the date of issuance. The Commission may renew such permits, or renewals thereof, for additional periods of up to one year each. In considering any renewal, the Commission may require supplemental information and updated mapping in order to verify continued compliance with these regulations and conditions of approval. Renewal applications shall be submitted to the Commission at least 45 days and no more than 90 days prior to the expiration of the existing permit. Failure to comply with the approved application or these regulations shall be grounds for revocation of the permit.

Upon notice to the applicant, the Commission and its staff shall have the right to enter the permit property at reasonable times in order to determine compliance with the approved application and these regulations. Denial of such permission by the permit holder is cause for revocation of any permit issued hereunder.

Live and/or amplified music shall be permitted with Zoning Permit approval as an accessory use to the following uses pursuant to the requirements of this Section:

The Zoning Permit requirements and restrictions on outdoor music contained in this section shall not apply to public property and properties in the SC-SDD.

Outdoor music will be allowed during the following days and times.

Outdoor music on days or times other than those identified in the above table may be authorized by Special Permit approval.

New buildings and site improvements shall be designed to fit the individual characteristics of their particular site and village neighborhood. Careful consideration shall be given to promoting compatibility in building size, architectural form, massing, detail and materials. This includes facade mass, facade projections or recesses, windows, doors, roof mass and profile, as well as other architectural features.

All structural elements shall be in scale with and proportionate to adjacent buildings and other visual structures.

Overall spacing between roadside structures within the village area shall be maintained.

Setbacks from roadways and property lines shall be consistent with neighboring structures within the village areas.

The height of new buildings shall be consistent with neighboring structures within the village area. One and one-half to two and one-half story structures are typical in Mansfield's historic village areas. Through the use of variations in building height, roof line and grade definition, the perceived high of buildings can be influenced.

Building and site improvements shall be designed to avoid impacts on significant trees, stone walls, scenic views and vistas and other features that contribute to a historic village area.

Traditional building materials, such as wood siding and brick that reflect Mansfield's architectural tradition shall be used. Modern materials, such as fiber cement siding, that have the same visual characteristics as wood are considered acceptable.

Maximize use of existing and approved towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community;

Encourage providers to co-locate their facilities on a single tower, or single site;

Site facilities below visually prominent ridge lines;

Minimize the location of facilities in visually or environmentally sensitive areas;

Encourage creative design measures to camouflage facilities;

Protect historic and residential areas from potential adverse impacts of communication towers;

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

A plan showing where and how the proposed antenna will be affixed to a particular building or structure;

Details of all proposed antenna and mounting equipment including size and color;

Elevations of all proposed shielding and details of materials including color;

An elevation of all proposed equipment buildings or boxes. Details of all proposed fencing including color;

A design drawing including cross section and elevation of all proposed towers. A description of the tower's structural integrity and load capacity including the number and type of antennas it can accommodate as well as the proposed location of all mounting positions for co-located antennas and the minimum separation distances between antennas. Where a monopole is proposed, the design shall illustrate how the tower will collapse upon itself without encroaching upon any adjoining property line;

A geotechnical report of soil borings by a licensed professional engineer demonstrating the appropriateness of proposed design specifications for any tower foundation, support structures, anchors, etc.;

A report from a licensed professional engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in Subsection D of this regulation. Such report shall also certify that the installation of such site will not interfere with public safety communications, radio or television transmissions or other existing communication systems;

An analysis of the fall zone for the proposed tower prepared by a licensed professional engineer;

All applications shall include proof that either the applicant or co-applicant holds bona fide license from the Federal Communications Commission (FCC) to provide the telecommunication services that the proposed tower is designed to support;

A report or letter from the Federal Aviation Administration that the proposed tower complies with all airport safety requirements for Windham and other airports;

A map depicting the extent of the provider's planned coverage within the Town of Mansfield and nearby towns, approved or proposed locations in nearby towns and the service area of the proposed wireless telecommunication site;

A landscape/buffering plan and a lighting plan designed to address the provisions of this section of the Regulations, the provisions of § 190-73C(4)(o) and (p) and § 190-75D(7) and (17);

A map indicating the search radius for the proposed wireless telecommunication site and a description of the process that eliminated other potential sites;

A viewshed analysis showing all areas from which the tower would be visible. The analysis also shall describe efforts that have been made to avoid prominent ridgelines and plans that have been made to screen the proposed site, camouflage proposed facilities and otherwise minimize adverse visual impacts;

Upon request of the Commission, the applicant shall provide a simulation of the proposed wireless telecommunication site in order to help the Commission ascertain the visual impacts associated with such proposal;

All applications shall include information on the status of any application filed or to be filed with the Connecticut Siting Council.

General requirements:

Lot size, height and setback requirements.

Additional locational approval criteria.

Landscaping/screening criteria. In addition to meeting the landscaping and screening provisions of § 190-75D(17), all applications for a wireless telecommunications site shall demonstrate to the degree technologically, legally or economically feasible, that the proposed site and design has minimized adverse visual effects, has avoided prominent ridge lines and has been screened and designed to camouflage the facilities.

Monitoring. As a condition of approval, the Commission shall have the right to require periodic environmental testing and the submission of environmental monitoring reports, including, but not limited to information on electromagnetic emissions and noise levels. The Commission shall have the right to require the establishment of an escrow account or cash bond fund to help ensure compliance with this provision.

Connections for new or expanded uses. No connections shall be authorized for new or expanded uses unless one or more of the following conditions is met:

CT Water Company Water System Advisory Committee. Projects requiring a water main extension and/or Site Plan, Special Permit, or Subdivision Approval that are subject to the Interconnection Water Diversion permit, DIV-201401487, CT Water CO. and UCONN Regional Interconnection Tolland and Mansfield shall be referred to the Connecticut Water Company Water System Advisory Committee for review and comment.

Existing uses. Uses existing as of the effective date of this regulation may connect to the water main with a service connection only sized to serve the existing use.

New uses permitted in the underlying zone. New uses that are permitted in the underlying zone may connect to the water main upon receipt of a zoning permit.

New residential subdivisions. New residential developments requiring subdivision approval shall be limited to the number of units allowed in the underlying zone either through conventional design or cluster design pursuant to the Mansfield Subdivision Regulations.[1]

Easements and water main extensions. Extension of water service to properties outside the Water Pipeline Overlay Zone via an easement or right-of-way through a property within the Overlay Zone shall be permitted only if:

The property is designated on the current POCD Future Land Use map as:

The property was designated in the 2006 POCD as:

Existing traffic conditions, including without limitation average daily AM and PM peak hour volumes sight distances, accident data, and level of service on adjacent and nearby streets;

Projected traffic conditions and impacts, including without limitation, the peak hours of operations, volume of customers per hour, average annual background traffic growth, impacts of proposed developments which have already been approved, are under construction or are pending before the Commission, projected levels of service on adjacent and nearby streets, sight distances, and analysis of the proposed drive-through facility with emphasis on the type(s) of service window(s) proposed (i.e., limited service window(s) or full service window(s)), queueing lanes and overall number of queueing spaces;

Description of traffic improvements, including pedestrian and public transit improvements, to mitigate traffic impacts.

The elimination of the maximum front setback line is consistent with the prevailing front setback lines on neighboring properties and continues existing visual patterns (e.g. location of buildings, sidewalks and parking areas);

The elimination of the maximum front setback is necessary, when considering factors such as lot size, lot configuration and reduction of impacts on regulated areas, in order to accommodate the safe and efficient traffic circulation associated with the drive-through facility and is supported by the traffic study;

The proposed layout incorporates other amenities or improvements to activate the street frontage, enhance the streetscape or improve pedestrian accessibility. Such amenities or improvements may include, without limitation, the following:

The location of the parking areas is consistent with the prevailing parking area locations on neighboring properties;

Parking in the front of the proposed building is necessary, when considering factors such as lot size, lot configuration and reduction of impacts on regulated areas, in order to accommodate the safe and efficient traffic circulation associated with the drive-through facility; and

The proposed parking layout aesthetically conforms with the physical context and design of neighboring properties.

The safe use of the required parking spaces and general site circulation lanes;

Interior pedestrian circulation;

The access to or from any public street.

Shall not exceed seven feet in height as measured from top of finished grade at the base of the sign or menu board;

Shall not exceed 40 square feet in size; and

Shall be buffered from view from public streets and residential properties using landscaping, decorative fencing or other attractive screening.

Agricultural crops. The growing of agricultural crops, as defined in CGS § 1-1q, is permitted as of right.

Keeping of livestock and poultry. The keeping, breeding, or raising of livestock and/or poultry, on a parcel of land, and any associated accessory buildings and facilities required for this activity, are permitted by right, provided the following standards are met:

Farm stands. The display and sale of farm products on any property shall be permitted as of right, provided:

Signs.

Other commercial agricultural uses. Any other agricultural use that is not specially authorized herein or by other provisions of these regulations may be permitted in the RAR-90 Zoning District, provided special use permit approval is obtained in accordance with § 190-74.

A zoning permit is required for all structures over 200 square feet except for high tunnels or caterpillar tunnels, as defined in § 190-13, provided that such structures are located at least 10 feet from side or rear yard lines and 25 feet from front yard lines.

Agricultural uses may be subject to a compliance review by the zoning agent at their request if it appears that a use may require permits that have not been obtained.

This section shall not be construed to grant waiver of any other permits from other town departments, Eastern Highland Health District, state agencies, or any other pertinent bodies.

The Commission may, in the reasonable exercise of its discretion, determine that an alleged violation of this subsection will be adequately addressed by another government agency with appropriate enforcement authority, or that the complaint pertains to a private nuisance that does not significantly impact the health, safety, or welfare of the Town of Mansfield. In such cases, the Commission is not obligated to receive or act upon the alleged violation or complaint.

The organization is a local not-for-profit organization whose core mission is related to historic preservation, land conservation, environmental advocacy or cultural activities.

The primary use of the property is for the organization's offices, museum or educational facility.

The property proposed for use by the organization is considered a significant historic or cultural resource in the community. For purposes of determining compliance with this requirement, the following shall be deemed to be a significant historic or cultural resource:

Intensity of the proposed use. Factors used to determine overall intensity of the proposed use include but are not limited to: number of employees using the property on a daily basis, the number of meetings and average attendance, including weekly meetings, evening meetings, community open houses/tours and special educational events.

Size of the property. Due to the wide range of historic properties, no minimum size for a preservation use has been established. Generally, the property must be sufficiently sized to accommodate the proposed intensity of use as described above. Organizations that are proposing a higher intensity of use may require more land to ensure that adequate buffers can be provided, particularly to shield adjacent residential homes from regular parking areas. Other factors that may be taken into consideration when determining whether the property is large enough to accommodate the proposed use include proximity of nearby homes and size of adjacent properties.

On-Site Parking. Ability of the site to accommodate sufficient parking for daily use of the property as well as occasional special events, if such events are contemplated as part of the overall use of the property.

All cannabis retailers shall meet the following criteria:

Any application for a Cannabis Retailer approval shall include:

Special Permits shall be approved with the condition that the applicant continuously maintains all necessary approvals required by the State of Connecticut for the duration of the operation.

A conditional approval issued by the Commission shall not be considered fully executed until a copy of the State issued license has been provided to the Planning Department. A fully executed approval, including the State issued license must be filed with the Mansfield Town Clerk within six months of the issuance of the Special Permit.