Statement of use: a written statement describing the proposed use in sufficient detail to determine compliance with the use provisions of these Regulations and the performance standards of Article XVII; eight copies shall be submitted.

Site plan: a site plan, drawn to a scale of not less than 100 feet to the inch, showing all of the following information, both existing and proposed, as applicable to the particular application: property lines and lines delimiting the land to be used under the application; contours or ground elevations; buildings, structures, signs and outdoor illumination facilities; streets, driveways and off-street parking and loading spaces, water courses, storm drainage and sewage disposal and water supply facilities; and landscaping (including trees and/or shrubs, lawn, other landscape features and natural terrain not to be disturbed). The site plan shall be prepared by a professional engineer or architect licensed to practice in the State of Connecticut; eight copies shall be submitted. Upon completion of construction and before a certificate of zoning compliance shall be issued, an "as built" site plan, meeting the requirements of this paragraph, shall be submitted to the Zoning Enforcement Officer.

Architectural plans: architectural plans of all proposed buildings, structures and signs, which plans may be in preliminary form but shall include exterior elevation drawings, generalized floor plans and perspective drawings, prepared, except for signs, by an architect or professional engineer or architect licensed to practice in the State of Connecticut; eight copies shall be submitted.

Soil erosion and sediment control plan: A soil erosion and sediment control plan in accordance with the provisions of Article XXI; eight copies shall be submitted.

Other: The Commission, upon written request by the applicant, may by resolution waive the required submission of all or part of the information required under § 383-133B and C if the Commission finds that the information is not necessary in order to decide on the application. The Commission may also request the submission of such additional information that it deems necessary in order to decide on the application.

Application fee: An application fee as determined under § 383-6 shall be filed.

In approving an application for a special use or approving it subject to modifications, the Commission shall make a finding that all applicable requirements of this section have been met in addition to other requirements applicable in the district in which the special use is to be located and that the special use will be in harmony with the general purpose and intent of these Regulations. The grounds for disapproval of an application shall be stated by the Commission in its records. Approval of an application under this section shall constitute approval conditioned upon completion of the proposed development, in accordance with plans as approved, within a period of four years after approval is given, or such lesser period as may be determined by the Commission. Approval of the application shall become null and void in the event of failure to complete the proposed development within such prescribed period. One extension of such period for an additional period not to exceed one year may be granted by the Commission after public hearing for good cause. All special uses may be approved subject to appropriate conditions, restrictions and safeguards imposed by the Commission as necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood and to meet the considerations and standards set forth in this Article XIV.

Bond: As a condition for approval of a special use for which a site plan submission has been made, the Commission shall require the applicant to file with the Commission a bond in form acceptable to the Commission and in accordance with § 383-11.1 and the approved special use.

The size and intensity of the proposed use, and the size of the lot on which it is to be located;

The effect of the proposed use on any adopted Comprehensive Plan of Development for the town;

The capacity of adjacent and feeder streets to accommodate peak traffic loads, and any traffic hazards that may be created by the use;

The effect upon property values and appearance in the neighborhood, taking into account the topography of the lot and the character, location and height of proposed buildings and structures and the site plan and proposed landscaping;

The number, location and arrangement of off-street parking and loading spaces and the vehicular access to the lot;

Fire and police protection needs;

Water supply, sewage disposal facilities and drainage and erosion problems; and

The arrangement, design and nature of any buildings and structures.

Access: Provision shall be made for vehicular access to the lot in such a manner as to avoid undue hazards to traffic and undue traffic congestion on any street.

Neighborhood: The site plan and architectural plans shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community and to preserve and protect the natural features of the site when feasible.

Plan of development: The site plan and architectural plans shall be in conformance with the purpose and intent of the Comprehensive Plan of Development adopted by the Commission for the area in which the special use is to be located, and the site plan shall provide for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.

Site plan standards: The special use, including the site plan and architectural plan therefor, shall conform to the standards set forth in Article XIII.

Parking: No surface parking areas shall extend within less than 50 feet of any property line and shall be screened from view from any street right-of-way line or property line by fences, walls and/or closely planted evergreens, trees, hedges or shrubs to a height of four feet at time of planting. Within each surface parking lot there shall be evenly distributed landscaped areas containing a minimum of one shade tree and other low planting for every 10 parking spaces.

Loading: No part of the area required for building setback from street right-of-way line or property line shall be used for off-street loading. Any off-street loading space, including any truck loading bay, ramp or dock, which is located within 200 feet of any street right-of way line shall be screened from view from such street by buildings and/or fences, walls, or evergreen shrubs or trees to a height of eight feet at time of planting.

Landscaping: The entire area of the lot not used for buildings, driveways and off-street parking and loading shall be suitably landscaped with trees and/or shrubs and with lawns or shall be left as undisturbed natural terrain. Along and adjacent to a Residence District boundary line, a strip of land not less than 50 feet in width shall either be left in its natural state if already wooded or shall be landscaped with evergreen trees at least eight feet in height at the time of planting.

Exterior lighting: Exterior illumination shall be provided as necessary for the safety lighting of parking areas, drives, walkways and buildings. No offensive glare from lighting shall be transmitted so as to endanger the public health and safety nor shall it be transmitted into or within any Residence District so as to impair the value and enjoyment of any lot therein and subject to the standards of § 383-123.1.

All rooftop and mechanical equipment shall be screened from view.

Erosion, sedimentation and water quality measures shall be implemented to adequately protect all wetland areas from contamination and degradation.

Buildings shall be designed so each outer facade has an architectural finish. Concrete block walls shall not be visible. Buildings should be designed or articulated to reduce apparent mass, avoid large monolithic box-like shapes and blend into the natural topography and environment.

Building and pavement coverage: The total ground coverage of all structures, paved parking and loading areas and drives shall aggregate to no more than 30% of the lot area.

In recognition of the limited available areas for office development:

Land area: The use shall be contained within one parcel of land having a minimum area of 20 acres.

Setback: No building or other accessory structure shall extend within less than 150 feet of the right-of-way line of a street or other property line, except for certain signs as permitted in Article XIX. No rings, jumps, or other active use areas other than riding trails shall extend within less than 50 feet of the right-of-way line of a street or other property line.

Parking:

Health:

Qualifications: No single-family dwelling shall qualify under these Regulations unless it is located on a lot having a minimum area of 30,000 square feet, and unless such unit shall have been on the Assessor's list as of October 1, 2008.

Occupancy: The dwelling in question shall be owner-occupied during the duration of the special permit.

Elderly: At least one dwelling unit shall be occupied by a person 55 years of age or older.

Signatures: All applications for a special permit under these Regulations shall contain the signature(s) of the owner(s).

Floor area: Each dwelling unit created shall contain not more than 900 square feet of floor area.

Certificate: Prior to the issuance of a special permit, a certificate in the form of an affidavit to certify that the owner is in residence and that one of the occupants of the particular dwelling unit is elderly shall be presented to the Commission. Thereafter, the applicant shall submit such notarized affidavit to the Zoning Enforcement Officer by January 31st of each year as a requirement for the continuance of the special permit.

Provisions for safe pedestrian ingress and egress to and from the structure shall be made and restricted to specified areas. They shall be located to insure sufficient visibility to maximize pedestrian and vehicular safety.

Crosswalks shall be provided to service pedestrians crossing the drive-through service window access driveway. All required sidewalks must have railings to channel pedestrian traffic to and from the building and to the crosswalks.

The drive-through service access driveway shall be designed and have a large enough vehicular holding capacity so as to avoid interior and exterior traffic and pedestrian hazards.

Information regarding the time and manner in which deliveries will be made to the structure must be submitted in sufficient detail so that it can be determined that no disruption of vehicular or pedestrian traffic will occur.

Provisions for adequate on-site litter control must he made and documented.

The minimum clearance height of the structure relative to vehicles using the drive-through window shall be nine feet.

All the regulations as set forth in Article XIII, Site Plans, must be met prior to the approval of the application for special use.

Drive-through automated teller machines shall be subordinate and accessory to a primary permitted use within the zone containing not less than 40,000 square feet of floor area and shall be located on a lot which is not less than 50,000 square feet.

The provisions of Subparagraph B and E shall not apply to a freestanding drive-through automated teller machine not incidental to a bank or banking facility.

Drive-through automated teller machines shall be owned or leased and operated by a state or nationally chartered banking institution operating a full-service branch banking facility, operation center or loan production office within the Town of Orange.

Automatic teller machines shall provide adequate security lighting.

The public sale and/or processing shall be located on land that is part of the farm, nursery, truck garden or forestry use, and the area and facilities and intensity of activity for such sale and/or processing shall be incidental to the permitted principal farm, nursery, truck garden or forestry use.

The range of agricultural products for public sale and/or processing shall consist primarily of products of the operator of a farm, nursery, truck garden or forestry use where such sale and/or processing is located but may include additional agricultural products when the total annual product to be sold or processed does not exceed the total product of the operation of a farm, nursery, truck garden or forestry use where such sale and/or processing is located.

The areas and facilities used for the public sale and/or processing of such agricultural products shall not extend within less than 50 feet of a street line or property line, which setback requirement, however, is not applicable to live nursery stock on or in the ground.

Under the provisions of §§ 383-171 and 383-172B(19), sufficient off-street parking spaces shall be provided to accommodate the motor vehicles of all persons using or visiting the public sale and/or processing activity at any one time. Should the number of off-street parking spaces be insufficient to accommodate the motor vehicles of all persons using or visiting such sale and/or processing activity on any five consecutive days or any day in each of three consecutive weeks, either application shall be made for a revised special use to provide sufficient spaces or, on written notice of violation given by the Zoning Enforcement Officer, the public sale and/or processing activity shall be discontinued.

The application for a special use for lawfully existing public sale and/or processing under § 383-27A registers the extent and nature of the existing use. The application may include request for approval of change in the existing extent and nature of the use and/or change in site development. Lawfully existing nonconformities, if any, in the existing use may be continued under the special use, provided however, that the Commission may require modification of the driveway access from the street, off-street parking and signs to conform to these Regulations.

Gasoline pumps and/or the sale of gasoline shall be permitted, provided that the pump for the retail selling of gasoline on any lot is located a minimum of 2,500 feet from any other lot where the retail sales of gasoline occurs, regardless of the district or Town in which such other lot may be located. The 2,500 feet shall be the straight horizontal distance from the property line of the lot where gasoline sales is proposed to the property line of any lot where gasoline sales exists.

Gasoline pumps and/or the sales of gasoline shall be permitted only in conjunction with the use of the premises as a motor vehicle service station and/or motor vehicle repair garage and/or a retail convenient mart with less than 5,000 square feet of gross floor area. No site containing more than 5,000 square feet of gross floor area for retail sales shall be permitted to have gasoline pumps and/or to sell gasoline.

Convenience marts are defined as retail establishments which do not exceed 2,800 square feet in gross floor area, and are located on a site where the sales of gasoline occurs. Sales items may include dry goods, dairy products, food items, and prepared foods, limited to Class 1 and Class 2 Food Service, as defined by the Public Health Code; and miscellaneous sundries.

All gasoline pumps must be serviced by an overhead canopy. The canopy must comply with all building setbacks of the Orange Zoning Regulations.

All gasoline pumps and pumping areas shall meet the design and safety standards of the Orange Building Department and Fire Marshal's office.

The location of gasoline pumps shall be designed so as to isolate vehicles being fueled, from vehicles entering and exiting the site, and from on-site pedestrian traffic.

The Commission shall consider the size, intensity, and appropriateness of the proposed uses and the size of the lot on which it is to be located.

The gasoline pumps must be located on the same lot and be operated by the same ownership as the retail use. The gasoline pumps and/or the sale of gasoline shall be permitted, provided that the pump for the retail sales of gasoline on any lot is located a minimum of 2,500 feet from any other lot where the retail sales of gasoline occurs, within the Town of Orange. The 2,500 feet shall be the straight horizontal distance from the property line of the lot where gasoline sales is proposed to the property line of any lot where gasoline sales exists.

The access to the pumps must not be located on a public street and must be accessed by means of the curb cuts which serve the retail use.

All gasoline pumps must be serviced by an overhead canopy. The canopy must comply with all building setbacks of the Orange Zoning Regulations.

All gasoline pumps and pumping areas shall meet the design and safety standards of the Orange Building Department and Fire Marshal's office.

The location of gasoline pumps shall be designed so as to isolate vehicles being fueled, from vehicles entering and exiting the site, and from on-site pedestrian traffic.

The Commission shall consider the size, intensity, and appropriateness of the proposed uses and the size of the lot on which it is to be located.

Outside activities: There shall be no outside recreational activities of any kind.

Size: No area utilized as an indoor recreational facility shall occupy less than 10,000 square feet or more than 30,000 square feet of building space.

Accessory uses: In addition to customary and accessory uses, the principal use may include the retail sale of sporting equipment limited to items directly related to the athletic activities conducted in the indoor recreational facility, provided that the area of retail uses not exceed 1% of the total floor area.

Each indoor recreational facility within a Light Industrial District #2 shall be located a minimum of one-half mile from other indoor recreational facilities, unless the Commission determines that such separation is not necessary to avoid an undue concentration of indoor recreational facilities.

Occupancy: An AAC is developed to provide a variety of housing opportunities for individuals and family units where at least one member of the family is aged 55 or older in accordance with Federal Fair Housing Statutes and Guidelines. Occupancy is subject to the following conditions and exceptions:

Site size: The parcel size and project development area for an AAC shall contain a gross measurement of no less than 35 acres, and no larger than 50 acres.

Street location: The AAC site must have a minimum of unbroken frontage, except for driveways, of 1,475 feet on City Route 121 (Grassy Hill Road) and a minimum of unbroken frontage, except for driveways, of 1,775 feet on City Route 34 (Derby Turnpike).

Sanitary sewers and public water: The AAC site will only be considered if the proposed dwellings will be connected to public sanitary sewers and if the proposed dwellings will be connected to public drinking water system.

Allowed uses:

Development limitations: In order to allow for the orderly provision of municipal services and so as to not overburden the infrastructure capacity of the town, the maximum number of dwelling units to be approved on any site is limited by;

Height, area and bulk standards:

Buffers and setbacks:

Parking and site circulation standards: Except as otherwise delineate in this section, parking space design and arrangement shall meet the criteria of §§ 383-177 through 383-183, inclusive.

Building standards:

Landscaping, open space and lighting.

In order to assure the high-quality visual aesthetic, and long-term compatibility with neighbors, a master landscape plan, along with a detailed landscape plan, shall be provided, prepared by a Connecticut-licensed landscape architect. All lighting shall meet the requirement of § 383-123.1 of these regulations, except as delineated in this section.

Trash removal: With the exception of community amenities, and attached dwellings lacking garages, trash collection points shall be designated at the driveway of each individual dwelling. Standardized trash containers shall be provided to each unit owner, and be stored in garages or, if applicable, a designated, suitably enclosed area.

Fire suppression:

Construction of improvements:

Outdoor seating shall only be allowed by special permit as an incidental use to an established cigar store, cigar lounge and/or cigar bar, provided that such use is not within 1,500 feet from a public or private primary, professional, proprietary or technical school, day-care facility, and/or public park or within 300 feet of a restaurant, coffee house, or other food service business with an existing outdoor seating area.

No outdoor seating shall be established on any property until an application has been made and reviewed by the Plan and Zoning Commission. The application shall include a detailed site plan, lighting plan, and permission from the property owner and/or management company. The site plan must be reviewed by public safety officials, including the fire department, police department, Town Sanitarian, and WPCA Administrator. Written approval and comments from these departments must be obtained prior to submitting the application. The site plan must also show the number and location of all tables and seats that will be provided. If outdoor dining/seating is proposed on a common area of a shopping center, adjoining businesses must be notified of the application. An annual renewal of the permit will be required, and unless changes from the original site plan have been made, this review will be done by the Zoning Enforcement Officer of the Town of Orange.

Approved outdoor dining/seating will be allowed from year-round.

Outdoor seating shall not obstruct any entries, exits, permitted signs, or utilities. A minimum five-foot clear walkway must be maintained between the dining/seating area and any exits or entries.

The outdoor seating area must be kept clear of litter and maintained in a safe and sanitary condition.

Outdoor patron seating area must be protected from vehicular traffic.

Outdoor tables, umbrellas and other fixtures must be secured or weighted to protect from movement during high wind conditions.

Outdoor patron seating area must be separated from the nearest residence by a minimum of 150 feet. Additional buffer devices may be required. These designs shall consist of plantings and/or walls to further shield adjacent properties from extraneous light and noise.

Food and/or drink preparation and/or storage are prohibited from outdoor seating areas.

Parking requirements for the outdoor patron seating area is eight parking spaces per 1,000 square feet. An applicant may request a waiver of this provision if sufficient evidence can be provided that additional parking is not needed for patron parking, and parking required for other establishments on the same parcel.

Outdoor area is intended for seated patrons. The total number of patrons in the outdoor seating area shall not exceed 10% for any restaurant, coffee house, or other food service business or 15% for any cigar store, cigar lounge and/or cigar bar above the number of seats approved by the Plan and Zoning Commission.

Violations of any of the conditions of the special use may result in revocation of the special permit use.

Parking areas designated for carhop restaurant service shall not have direct access to any public road.

Designated carhop service areas must be separated from other parking areas by curbing or an island. The design of the carhop service area must maximize pedestrian and vehicular safety.

Lighting must be provided in the carhop service area at a level sufficient to provide adequate vehicular and pedestrian safety. Provided lighting must be in compliance with § 383-123.1, Lighting.

In order to protect public safety and traffic circulation the applicant must demonstrate that sufficient area is provided for the queueing and/or stacking of vehicles in addition to the required parking.

The carhop service area must be separated from the nearest residence by a minimum of 150 feet. Additional buffer devices may be required. These designs shall consist of plantings and/or walls to further shield adjacent properties from extraneous light and noise.

Minimum lot area: Ten acres of which not less than 50% of the lot area shall be dedicated to cultivation of grapes.

Minimum setback: Any building, sales area, and manufacturing/processing area shall be 50 feet from street line and any property line and adequately buffered from the view of any adjoining residential use.

The range of wine/wine products for public sale and/or processing shall be derived primarily from fruit grown on the farm winery premises by the operator of a farm winery use. The operator of a farm winery may also import fruit in a quantity not to exceed 50% of the quantity of fruit grown on the farm winery premises to use in the processing of wine and wine products.

In addition to facilities for manufacturing, storage, and sales, farm wineries may include (1) tasting room, including serving and bar areas, of not more than a total of 1,500 square feet, to be used for the retail and wholesale sale of wine by the glass and bottle together with the appurtenant sale of farm winery related products; and (2) offices to be used only in conjunction with the operation and business of the farm winery. No kitchen area shall be permitted in support of food service for wine tasting activities.

No building dedicated to a farm winery's storage, sale or processing activities may be inhabited.

Hours of operation of the farm winery tasting room and for any special event permitted under Subsection G below, shall be limited to 11:00 a.m. to 6 p.m. Sunday through Thursday and 11:00 a.m. to 7:00 p.m. Friday and Saturday.

One special event shall be permitted each calendar month provided no more than four of such events shall be held in any calendar year, and such events shall be located entirely within the tasting room as shown on the approved site plan. Food service trucks shall not be allowed on the farm winery property for special events or for any wine tasting activity. Additional events shall require temporary special permit approval from the Plan and Zoning Commission.

Farm wineries shall have one parking space for each of the maximum number of employees required at any one time for planting, maintaining and harvesting the vineyard and the production, manufacture, bottling and business operation of the vineyard. Any tasting room shall have parking as required for restaurants or other food service establishments and retail sales area as required for retail area in § 383-174. Driveway width for farm wineries may be nine feet for one-way traffic and 18 feet for two-way traffic at all parking angles.

Landscaping. The entire area of the lot not used for buildings, driveways and off-street parking and loading shall be suitably landscaped with trees and/or shrubs and with lawns or shall be left as undisturbed natural terrain. Along and adjacent to a Residence District boundary line, a strip of land not less than 50 feet in width shall either be left in its natural state if already wooded or shall be landscaped with evergreen trees at least eight feet in height at the time of planting.

Buildings shall be designed so each outer facade has an architectural finish. Concrete block walls shall not be visible. Buildings should be designed or articulated to reduce apparent mass, avoid large monolithic box-like shapes and blend into the natural topography and environment.

Unless otherwise approved by the Commission, architectural styles found in and around the area and elsewhere in New England shall be used and shall include decorative details on the exterior of the building that are appropriate to the architectural style being emulated.

Additional front yard buffer requirements shall consist of natural stone walls limited to four feet in height to screen the proposed development (except to provide for necessary access drives).

Definitions. The definitions contained in SB 1201, § 1, as the same may be amended from time to time, are incorporated herein by reference as if fully restated herein.

Operating regulations.

Location.

Hours of operation. The days and hours of operation of a cannabis establishment shall be the same as those established for the sale of alcoholic liquor established by Connecticut General Statutes § 30-91, as the same may be amended from time to time.

Access. A cannabis establishment is permitted to use and/or provide drive-through dispensing services so long as this method of dispensing is authorized by SB 1201.

Signage. All signage shall conform to the requirements of Article XIX of the Zoning Regulations. The Commission may impose additional restrictions on signage as appropriate to mitigate any aesthetic impacts.

Ventilation/odor. A cannabis establishment shall install odor control technology, as necessary, in order to control ventilation at the establishment in such a manner that no odor from marijuana cultivation, its processing or the manufacturing of products, or any on-site use can be detected by a person with an unimpaired and otherwise normal sense of smell, to be determined by the Building Inspector or his designee, at any adjoining property. The operator shall properly maintain all odor mitigation equipment to ensure maximum efficiency.

Security. The applicant shall submit a security plan to the Orange Police Chief to demonstrate that there is limited burden on the Town public safety officials as a result of the proposed cannabis establishment. The security plan shall include all security measures for the site and for transportation of cannabis and cannabis products to and from off-site premises to ensure the safety of employees and the public and to protect the premises from theft or other criminal activity. A letter from the Police Chief acknowledging receipt and approval of such a security plan shall be submitted as part of the application and/or site plan review. A cannabis establishment shall provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals and that the storage and location of cultivation of cannabis product is adequately secured in enclosed, locked facilities. Safety plans should mitigate any potential harm to the employees and the public, including ensuring all customers and employees are at least 21 years of age.

Application requirements. In addition to all other requirements for special use applications, an application for a cannabis establishment shall contain the following information:

Special use criteria. In granting an application for a cannabis establishment as a special use, in addition to the general considerations and standards for special uses, the Commission shall find that the following criteria are met:

Limitations on cannabis establishments. Cannabis establishments must maintain a separation distance of 5,000 feet from other cannabis establishments.

Nuisance. A cannabis establishment shall be managed in a manner to protect against nuisance conditions in parking areas, sidewalks, streets and areas surrounding the premises and at adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of cannabis, pedestrian or vehicular queuing that results in obstruction of sidewalks or public ways, littering, loitering, illegal parking, loud or sustained noises, disturbing lighting or citations for violations of state or local traffic laws and regulations.

Compliance with laws. All cannabis establishments shall:

Validity. A special permit issued pursuant to the Zoning Regulations shall be valid only for the licensed or registered entity to which the special permit was issued, and only for the site on which the cannabis establishment has been authorized by special permit.

Severability. The provisions of this section are severable. If any provision of this section or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application.

Effective date. This section shall become effective 15 days following its publication in a newspaper having general circulation in the Town of Orange.

For the purposes of § 383-42I, "light industrial use" shall include only:

Minimum setback: notwithstanding § 383-46A, any building for light industrial use shall be located a minimum of 250 feet from Boston Post Road.

Height: notwithstanding § 383-45B, the maximum height of a building for light industrial use shall be 50 feet.

Parking: notwithstanding § 383-174H, parking for light industrial uses in the Commercial C-1 District shall be provided at a rate of one space per 1,500 square feet of gross floor area.

Coverage: Notwithstanding § 383-47B, the maximum ground coverage for a parcel containing a light industrial use permitted under § 383-421 shall be 35%.