Newtown City Zoning Code
§ B70-8.04
Special exceptions or permits.
The following regulations govern the granting of any special exception permit by the Commission.
A.
The Board shall require an application on a form which it prescribes which shall be submitted to the Commission at least 15 days prior to its regular monthly meeting. Said application shall contain a written statement of the proposed use, appropriate information concerning the applicant and his interest in the property for which the special exception is being sought, and the names and addresses of owners of property which may be affected by the granting of the special exception and in any event, the owners of property lying within 1,000 feet of the boundaries of the parcel for which the special exception is being sought.
B.
In addition four copies of a site plan shall be submitted with the application. Said plan shall be drawn to a scale of not less than 40 feet to the inch and shall meet the A-2 classification of the Connecticut Technical Council. Said plan shall show the following information, which may be submitted in several documents or maps provided that each document or map is submitted in quadruplicate:
(1)
The perimeter of the lot and an outline of those areas of the lot to be devoted to the use for which the special exception is being sought with the areas of each computed.
(2)
Existing contours at not more than five-foot intervals.
(3)
Proposed contours at not more than five-foot intervals.
(4)
Location of all existing buildings, wells, sewage disposal facilities, utility installations, drainage facilities, ponds, swamps, watercourses, rock outcroppings and existing wooded areas on the site for which the special exceptions are being sought, location of all proposed structures, signs, loading areas, parking areas including stalls and curbing, all planting, landscaping and buffer areas, proposed water supply and sewage disposal systems, all storm drainage structures and facilities, and all gas, electric and other utility installations. Gross floor area of all buildings to remain or to be built on the lot shall be shown.
C.
four copies of a general location map showing the surrounding property within 500 feet of the area proposed for a special exception, including all existing structures, wells, sewage disposal facilities, roads, storm drainage systems, ponds, swamps, watercourses, rock outcroppings, wooded areas, names of contiguous property owners and contours at not less than ten-foot intervals. This map need not be drawn to scale, provided that the scale is not varied in any way which misleads the viewer, and all the required information is shown.
D.
Architectural rendering of all proposed buildings, structures or signs, together with a description of the nature of the exterior surfaces and all exterior features such as, but not limited to, doors, windows, fire escapes, signs and lighting.
E.
The following standards and criteria shall be met by all uses which are permitted only be special exception or permit, in addition to those standards and criteria which are otherwise set forth in these Regulations. No special exception shall be granted by the Zoning Commission unless it finds that all these standards have been or will be met. Approval without such findings shall be null and void and the Zoning Enforcement Officer shall not issue a Zoning Permit or Certificate of Zoning Compliance in such a case.
(1)
The proposed use shall be in harmony with the general character of the neighborhood.
(2)
The proposed use shall not be inconsistent with the intent and purpose of these regulations.
(3)
The proposed use shall not substantially impair property values in the neighborhood.
(4)
The proposed use shall not create a traffic hazard on existing streets.
(5)
The proposed use shall not create a health hazard to persons on or off the lot on which the use is proposed.
(6)
All applicable sections of these Regulations and all other applicable Town and State laws, ordinances, regulations or codes, including without limitation, the Town Sanitary Code, Town Sand and Gravel Regulations and State Health Code, shall be complied with. It shall be the duty of the applicant to list on his application the various sections of the Town and State laws, ordinances, regulations and codes which govern his proposed use and buildings.
(7)
The architectural design of the proposed building shall be in harmony with the design of other buildings on the lot and within 1,000 feet of the perimeter of the lot for which the special exception is sought.
(8)
Construction proposed on the site shall be carried out so as to utilize the site in a manner which results in the least defacement of the natural features thereon, such as trees, rock outcroppings, etc.
(9)
The lot shall contain the minimum area required for the special exception use.
F.
(1)
In granting any special exception the Commission may impose conditions on the buildings and structures proposed to be built and on the use of the property, including without limitation, increasing the minimum yard, parking and landscape requirements otherwise applicable, as are necessary to preserve the general character of the neighborhood, to protect the public health, safety and convenience of the persons and properties affected by said special exception, to stabilize and improve property values in the neighborhood, and to meet the standards set forth in Subsection E hereof.
[Amended 4-10-2019, effective 4-22-2019]
(2)
When any special exception granted by the Commission is utilized, the use, buildings and other structures shall comply in all respects with the application, site plan and architectural plan as finally approved, as well as the conditions imposed by the Commission under this said Section.
(3)
The applicant shall notify the Commission of any proposed change to the special exception and shall obtain the approval of the Commission of any change to such approval prior to the implementation thereof. The Commission may approve non-substantial modifications of a previously approved Special Exception without a public hearing and without special notices otherwise required. Prior to the issuance of any Certificate of Occupancy, the applicant shall submit to the Commission a certification by each of the applicant's engineers and architects that there are no variances or deviations from the approved special exception. The certification required by this section shall be deemed to be of the essence of a Certificate of Occupancy issued in reliance thereon.
[Amended 5-16-2012, effective 6-18-2012]
G.
The Commission shall hold a public hearing on each application for a special exception, the date, time, place and purpose of which shall be warned in the same manner as an amendment to these Regulations. The applicant shall be required to pay an application fee pursuant to Section 9.07.
H.
If the owners of 20% or more in area of all land (other than streets) lying outside of but within 500 feet of each boundary line of the property proposed for a special exception objected to the proposed special exception in writing prior to Commission action, then the Commission may grant said special exception only upon the affirmative vote of at least four members of the Commission (including alternates designated to sit for absent members).
I.
Any special exception granted by the Zoning Commission shall cease to be effective two years after the date of approval.
J.
Any party aggrieved by the decision of the Zoning Commission on any application for a special exception may appeal said decision of the Board of Appeals within 15 days of the effective date of said decision.