6.1 General: In accordance with the procedures, standards and conditions hereinafter specified, the Board of Appeals may grant a SPECIAL EXCEPTION for the establishment of one or more of the uses for which a SPECIAL EXCEPTION must be secured from such Board as required by these Regulations. All requirements of this Section are in addition to other requirements applicable in the district in which the SPECIAL EXCEPTION use is to be located.

6.2 Application: Application for a SPECIAL EXCEPTION under this Section shall be submitted in writing to the Zoning Enforcement Officer together with an APPLICATION for a ZONING PERMIT. The Board of Appeals, upon written request by the applicant, may by resolution determine that the required submission of all or part of the information specified in Par. 14.2.2(b) and 14.2.2(c) is not necessary in order to decide on the application and need not be submitted.

6.3 Procedure: Upon receipt, the Zoning Enforcement Officer shall transmit the application and accompanying maps, plans and documents to the Board of Appeals; he shall also transmit a copy thereof to the Planning Commission. Within 45 days after receipt of a copy of the application and maps, plans and documents, the Planning Commission shall report its recommendations to the Board of Appeals, particularly with regard to, but not necessarily limited to, a) compliance with the standards of Section 7 and b) conformity to any comprehensive plan of development adopted by the Planning Commission. The Board of Appeals may request the applicant to submit such additional information that it deems necessary in order to decide on the application. In acting on any application, the Board of Appeals shall hold a public hearing, shall decide thereon and shall give notice of its decision as required by law. Failure to submit additional information requested by the Board of Appeals shall be grounds for disapproval of the application.

6.4 Approval: After the public hearing, the Board of Appeals may approve the application to permit establishment of one or more of the uses for which a SPECIAL EXCEPTION must be secured if it shall find that the proposed use and the proposed buildings and structures will conform to the following GENERAL STANDARDS in addition to any SPECIAL STANDARDS for particular uses that may be hereinafter specified:

6.4.1 That the location, type, character and size of the use and of any building or other structure in connection therewith shall be in harmony with and conform to the appropriate and orderly development of the Town and the neighborhood and will not hinder or discourage the appropriate development and use of adjacent property or substantially or permanently impair the value thereof;

6.4.2 That the nature and location of the use and of any building or other structure in connection therewith shall be such that there will be adequate access to it for fire protection purposes;

6.4.3 That the streets serving the proposed use are adequate to carry prospective traffic, that provision is made for entering and leaving the property in such a manner that no undue hazard to traffic or undue traffic congestion is created and that adequate off-street parking and loading-facilities are provided.

6.4.4 That the lot on which the use is to be established is of sufficient size and adequate shape and dimension to permit conduct of the use and provision of buildings, other structures and facilities in such a manner that will not be detrimental to the neighborhood or adjacent property;

6.4.5 That the property will be suitably landscaped to protect the neighborhood and adjacent property; and

6.4.6 That the SPECIAL EXCEPTION use, site plan and architectural plan will be in conformance with the standards set forth in Section 7.

6.5 Kennels and Stables: Kennels, livery and boarding stables and riding academies shall also conform to the following special standards:

6.5.1 The use shall be located on a lot of not less than five (5) acres.

6.5.2 No building, shelter or enclosure for a kennel shall be located within less than 150 feet of any property or street line.

6.5.3 Any building in which livestock are kept shall be located not less than 50 feet from any property or street line.

6.5.4 The owner of the lot shall reside on the premises.

6.6 Bed-and-Breakfast: Bed-and-Breakfast transient lodging shall consist of a room or rooms for visitors in an existing dwelling or existing building accessory to a dwelling and shall also conform to the following special standards:

6.6.1 The dwelling shall be located on a lot in an historic district established by the Town of Southbury or designated by the U.S. Department of the Interior. The use, including any modification or additions to the dwelling or accessory building, shall preserve the architectural style and integrity of the dwelling or building, and any stairways for access to floors above ground level shall be located inside the dwelling or accessory building.

6.6.2 The owner of the lot shall reside on the premises.

6.6.3 In addition to off-street parking spaces required for other uses on the lot, one (1) off-street parking space shall be provided for each room for transient visitors, and such parking spaces shall be located as specified in Par. 9.3.5.

6.6.4 The dwelling or accessory building shall be found to be capable of accommodating such rooms for transient visitors based on interior arrangement, size, structural condition and mechanical equipment and there shall be no more than four (4) such rooms, (also see subpar. 6.6.7 below), each limited to double occupancy, on the lot. One (1) full bathroom shall be provided for each two (2) rooms for transient visitors.

6.6.5 The water supply system and sewage disposal system, existing or as proposed to be modified to serve the proposed use and other uses on the lot, shall be approved by the Pomperaug District Department of Health.

6.6.6 Occupancy of rooms for transient visitors by any person shall not exceed seven (7) consecutive days. Food service for occupants of such rooms shall be limited to breakfast only.

6.6.7 In determining the appropriate number of rooms to be permitted, the Zoning Board of Appeals shall be guided by the following:

a.

In any of the districts listed in Schedule A, line A-11 where such Bed-and-Breakfast use may be permitted, (see also Par. 13.11 concerning nonconforming lots); a dwelling on a lot of at least 20,000 square feet may contain no more than two (2) such rooms or a dwelling on a lot of at least 30,000 square feet may contain no more than three (3) such rooms or a dwelling on a lot of 60,000 square feet or more may contain no more than four (4) such rooms.

b.

The Zoning Board of Appeals may permit a deviation from the above standards to allow more or fewer rooms based upon, but not limited to, such factors as size of the lot, proximity of dwellings on other lots or across the street, provision for and layout of off-street parking, and provision of screening. In any event, there shall be no more than four (4) such rooms.

6.6.8 No such Bed-and-Breakfast use is permitted on a lot which contains a room or rooms to let as provided in Schedule A—Permitted Uses, line A-6.

6.7 Golf, Tennis and Swimming Clubs: Golf, tennis, swimming or similar clubs, whether conducted as a business or for profit or not, shall conform to the following special standards:

6.7.1 The club shall be located on a lot of at least five (5) acres if in a Residential District or at least two (2) acres if in an Industrial M-2 District, and no building shall be located within less than 75 feet of any street line or within less than 150 feet of any property line.

6.7.2 The furnishing of meals, refreshments, beverages and entertainment, shall be only incidental to the conduct of the club, and there shall be no furnishing of rooms except for accommodations for employees of the club.

6.8 Adult Day Care Facility: A day care facility in Residential Districts shall also conform to the following SPECIAL STANDARDS:

6.8.1 The maximum number of adults to be cared for shall be specified and shall not exceed sixteen (16) unless the facility is an adjunct to a use permitted on Line B-1 or B-3.1 of Schedule A. To determine the appropriate number of adults permitted, the Zoning Board of Appeals shall consider the general standards of Par. 6.4, this Par. 6.8, and in particular the standards of Par. 6.8.5.

6.8.2 Water supply and sewage disposal systems serving the use, either existing or to be installed, shall be sufficient to accommodate the use as certified by the Town Director of Health.

6.8.3 There shall be one (1) off-street parking space for each staff person and consultative person expected to be on the premises at any one (1) time, and one (1) off-street parking space for each six (6) adults accommodated.

6.8.4 There shall be safe and adequate provision for boarding and off-boarding adults from motor vehicles without hazards to pedestrians and traffic. Each daycare facility shall provide adequate parking, turning and drop off areas within the property to accommodate mini bus vehicles typically utilized for transportation of participants.

6.8.5 The use shall be located in a building and on a lot having such size, shape, landscaping, screening, outdoor space, parking, number of employees, hours and days of operation, and with due consideration for the proximity or other dwellings and uses to be in harmony with and conform to the character of the neighborhood and if applicable to preserve and maintain the use, enjoyment, and character and safety of a single-family dwelling neighborhood.

6.8.6 The principal owner of the daycare facility, if said facility is located in a residential zone, shall reside on the premises and such person shall be responsible for the daily operation of the facility. The principal owner of the daycare facility shall have credentials or experience as appropriate or relevant and their duties shall be defined in writing and made a part of the application process.

6.8.7 Adult Day Care Centers are prohibited from the R-20 and R30 zones.

6.8.8 Adult Day Care Centers in residential zones are limited to those following the social (non-medical) model of care for individuals who need supervision and activities but not extensive personal care and medical monitoring.

6.8.9 If a daycare facility is located in an existing residential building, the appearance of the building shall be preserved and no structural changes to the exterior shall be made except to provide suitable means of egress and handicap accessibility.

6.8.10 Each daycare facility shall establish a mission statement and program goals, one (1) of which indicates the model of service the facility provides.

6.8.11 The daycare facility shall meet all applicable standards of the building department and the fire marshal.

6.8.12 Each daycare facility shall provide 40 square feet of available activity space per participant, inside the center, not including offices, bathrooms, kitchens, closets, vestibules, and private living space, and a minimum outdoor recreation area of 50 square feet per participant outside the center, unless greater requirements are imposed by regulation of any other jurisdictional authority. The outdoor space shall afford adequate facilities such as decks, patios, playgrounds or level manicured lawn areas in a manner that allows participants safe access and enjoyment to outside.

6.8.13 Except as may otherwise be required by state or federal law, nothing herein shall allow or authorize the use of any daycare facility (i) as a public or private hospital, retreat, institution, community residence, house or place where a mentally ill person, or a person who is alcohol-dependent or drug-dependent, is received or detained, as a patient or for treatment or rehabilitation, or (ii) as a community residence, halfway house, or other state or federally regulated facility to which persons are or may be transferred from correctional facilities or institutions.

6.8.14 The following types of Family Child Care and Group Child Care residences shall be permitted, pursuant to section 8-3j of C.G.S. chapter 124, as amended, provided that the required State licenses are obtained:

a.

Child care residences that house six (6) or fewer persons with intellectual disability;

b.

Child care residences for six (6) or fewer children with mental or physical disabilities; and

c.

Child care residences for six (6) or fewer persons receiving mental health or abdication services.

6.9 Commercial Antennae in R-80: In R-80 Districts, commercial antennae and support buildings and facilities for outer space satellite telecommunications, including off-street parking and loading spaces, and driveways in connection therewith, shall be located within 2,500 feet of the boundary of a Public Utility District (PUD) and within 1,000 feet of the existing and discontinued street line of River Road easterly of the Shepaug Dam, and no such antennae or support buildings or facilities shall extend within less than 50 feet of any property or street line.

6.10 Wireless Communication Facilities: The purpose of this section is to make provisions to permit the location of wireless communication facilities within the Town of Southbury while preserving the rural, scenic, and historic character of the community and protecting the public, neighborhoods, and minimizing the adverse visual and operational effects of wireless communication facilities. More specifically, the purposes are:

i.

To accommodate the need for wireless communications towers and antennas while not unreasonably regulating their location and number;

ii.

To encourage the joint use of any existing or new towers;

iii.

To encourage creative design measures to minimize adverse visual effects through proper design, siting, and vegetative screening;

iv.

To reduce the number of antennas and towers needed in the future; and

v.

To coordinate and minimize the number of towers.

6.10.1 Locational preferences: The order of preference for siting the equipment associated with wireless communication facilities shall range from one (1) as the most preferred to six (6) as the least preferred as noted below:

1.

On existing structures such as buildings, water towers, and utility poles.

2.

On existing approved towers.

3.

On new towers less than 60 feet in height located in commercial or industrial zones.

4.

On new towers less than 60 feet in height located in residential zones.

5.

On new towers 60 feet or greater in height located in commercial or industrial zones.

6.

On new towers 60 feet or greater in height located in residential zones.

The use of municipal land, in compliance with the special standards that follow, is also encouraged where visual impact can be minimized and/or mitigated. Additionally, tower sites at higher elevations, which minimize the need for taller structures, are desirable.

In addition to these locational preferences, such facilities shall conform to the following Special Standards:

6.10.2 No tower shall be located within 200 feet of a residence.

6.10.3 No tower exceeding 60 feet in height shall be located within 1,000 feet of the boundary of an approved historic district.

6.10.4 Towers in a residential zone shall be of a monopole design unless otherwise approved by the Board.

6.10.5 When possible, towers shall be sited where their visible impact is least detrimental to areas that possess scenic qualities of local, regional, or statewide interests. Ridgelines, state forests, and state designated natural areas are examples of such areas.

6.10.6 No lights shall be mounted on towers unless required by the FAA. All strobe lighting shall be avoided if possible.

6.10.7 Antennas and towers not requiring special FAA painting or marking shall be a noncontrasting blue, gray, or black.

6.10.8 Towers may not be used to exhibit any signage or advertising.

6.10.9 Towers shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least five additional users. Unless waived by the Board, the tower shall be designed to allow for the future rearrangement of antenna and to accommodate antennas mounted at varying heights.

6.10.10 Towers shall be set back from all property lines a distance equal to their height plus 20 feet.

6.10.11 Antennas or equipment buildings/boxes mounted to or on buildings or structures shall to the greatest degree possible blend with the color and design of such structure/building. Antennas affixed to existing buildings or structures other than towers shall not be higher than 20 feet above the highest point of the existing structure.

6.10.12 Unless waived by the Board, antenna shall comply with the following:

i.

All dish antenna shall be of a mesh design.

ii.

Dish antennas shall not exceed two (2) feet in diameter in residential zones.

iii.

Dish antennas shall not exceed six (6) feet in diameter in nonresidential zones.

iv.

Directional or panel antennas shall not exceed six (6) feet in height or two (2) feet in width.

6.10.13 One accessory building may be permitted for a wireless communication facility site and it shall be not smaller than 600 square feet nor larger than 1,200 square feet in area. The building may be built in phases to accommodate additional users on the site. The Board may permit a larger building when the requirements of multiple users of the facility require it. The building shall have a gabled roof and be architecturally designed to blend into the neighborhood.

6.10.14 A fence of appropriate design eight (8) feet in height shall enclose the facility. The site shall be landscaped so as to screen the tower base and the fence. Screening shall consist of a staggered row of evergreen trees sufficient in number and size to result in a visual screen of ten (10) feet in height within two (2) years of planting. Existing vegetation may be used to implement the screening.

6.10.15 No proposed wireless communications facility shall be designed, located, or operated so as to interfere with existing or proposed public safety communications.

6.10.16 All applications within the flood plain district shall comply with the standards of Section 5 of these Regulations.

6.10.17 The design of the wireless communication facility shall comply with the FCC standards regulating non-ionizing electromagnetic emissions.

6.10.18 All utilities to serve the facility shall be installed underground unless otherwise approved by the Board.

6.10.19 Emergency backup generators, if utilized, shall comply with all state and local noise regulations.

6.10.20 In addition to complying with other application requirements of these regulations, all applications for wireless communication facilities shall include the following:

i.

A map showing the extent of planned coverage within the town and adjacent communities, and the location and service area of the proposed facility. This map shall be accompanied by a site selection report containing the following: An inventory of existing facilities, towers and antenna sites within a reasonable distance (at least two (2) miles in all directions) from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower, facility or antenna cannot be accommodated on an existing approved tower or facility.

ii.

A statement containing a description of the siting criteria and the process by which other possible sites were considered and eliminated, including, but not limited to, real estate search areas, distance and bearing to other system sites, acceptable radio frequency signal strength levels and/or microwave interconnection path requirements. The applicant shall support this statement with the submission of a study comparing all potential host sites within an approximate one (1) mile radius of the subject site (areas where personal wireless service facilities are prohibited need not be considered). This study should include a description of the surrounding sites, and a discussion of the ability or inability to host a facility. The report shall demonstrate that the proposed location is the most appropriate available site within a one (1) mile radius for the location of the wireless communication facility.

iii.

A Visual Environmental Assessment Report which shall include:

a.

An inventory of scenic vistas and the visual impact of this project on these and other areas of scenic quality. Areas of scenic quality shall include, but are not limited to, ridge lines, ponds, lake fronts, meadows, farmland, Connecticut State Forests, Connecticut Natural Area Preserves, National Area Inventory Sites, areas permanently preserved by land trusts, archeological sites, and any listed or eligible Historic sites on state or federal registers.

b.

A sight line representation shall be shown from any public road within three hundred (300) feet and the closest facade of each residential building (viewpoint) within three hundred (300) feet to the highest point (visible point) of the regulated facility. Each sight line shall be depicted in profile, drawn at one inch equals forty feet (1" = 40'). The profiles shall show existing intervening trees and buildings.

c.

A plan map of a circle of two (2) miles' radius from the facility site on which any visibility of the proposed tower from a public way shall be indicated.

d.

An architectural rendering of the view of the tower from adjoining properties and roads.

e.

Photographs of existing conditions in which each sight line shall be illustrated by an eight-inch by ten-inch (8" × 10") color photograph of what can currently be seen from any public road within three hundred (300) feet. (This requirement may be waived where trespass upon private property would be required to obtain it.)

f.

Proposed after condition photographs in which each existing condition photograph shows the proposed facility superimposed on it to scale.

g.

A view shed analysis also showing these photograph locations.

In connection with this report, the Board may require a field visit and the utilization of a balloon or other device to demonstrate the location, height, and probable visibility of the proposed tower.

iv.

A report on compliance with the latest version of the ANSI standards and analyzed according to the requirements of the current version of the FCC Bulletin OST 65 or current revision or equivalent describing the impact on human health, if any prepared by an RF Engineer. The report shall indicate compliance with all applicable FCC Regulations and Guidelines.

v.

The report of an independent consultant to ascertain the background levels of EMF radiation around the proposed facility and/or any repeater locations to be utilized by the applicant's plan. The independent consultant shall use such monitoring protocol or other protocol as may from time to time be federally mandated or generally accepted by experts in the field.

vi.

A written irrevocable commitment to rent or lease available space for co-location on the tower at fair market prices and terms, without discrimination, to other carriers, subject to maximum structural or loading requirements or limitations due to electromagnetic interference.

vii.

An environmental report addressing impacts to the site's resources to include the following:

a.

Slopes, wetlands, watercourses, and other environmental characteristics of the site; and

b.

Archaeological and/or historical resources.

6.10.21 Fees: The applicant shall pay any costs that the Board incurs for retaining one (1) or more qualified independent consultants to analyze and report on the application (including determining areas appropriate for facilities and towers, reviewing the structural integrity of the wireless service facility design, and compliance with FCC Regulations). These consultants shall each be qualified professionals with degrees and/or special expertise in one of the following:

1)

Telecommunications engineering;

2)

Structural engineering;

3)

Monitoring of electromagnetic fields; and

4)

Other disciplines as determined necessary by the Board.

6.10.22 Exempted wireless communication uses: The following wireless communication facilities uses are specifically exempted from this section: police, fire, ambulance and other emergency dispatch; amateur (ham) radio, citizens band radio, radio dispatch services for local businesses, Very Small Aperture Terminal (VSAT), and Television Receive Only (TVRO) under twenty-two (22) inches in diameter. No facility shall be considered exempt from this regulation for the reason that the proposed facility will or plans to share a tower or other structure with such exempt uses.

6.10.23 Removal: Annually reports shall be submitted to the ZEO documenting the continued operation of the facility. The service facility owner shall remove a wireless communication facility not in use for twelve (12) consecutive months. This removal shall occur within 90 days of the end of such twelve (12) month period. Upon removal, the site shall be restored to its previous appearance and where appropriate revegetated to blend with the surrounding area. The Board may require that an appropriate bond be submitted as surety at the time of approval of the application.

6.11 Conditional Approval: Approval of an application for a SPECIAL EXCEPTION under this Section shall constitute approval conditioned upon completion of the proposed development, in accordance with plans as approved, within a period of two (2) years after approval is given. Approval of the application shall become null and void in the event of failure to complete the proposed development within the two (2) year period. One (1) extension of such period for an additional period not to exceed one (1) year may be granted by the Board of Appeals after public hearing for good cause shown. All SPECIAL EXCEPTIONS may be granted subject to appropriate conditions and safeguards necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood.

6.12 Revisions and Extension: Any substantial revision of an approved SPECIAL EXCEPTION application and any reconstruction, enlargement, extension, moving or structural alteration of an approved SPECIAL EXCEPTION use or any building or structure in connection therewith shall require submission of a SPECIAL EXCEPTION application as for the original application.

(Ord. of 10-18-12(2), § II; Ord. of 2-2-24(1))