7.1 General: The use of land, buildings and other structures that is subject to approval of a SPECIAL EXCEPTION AND SITE DEVELOPMENT PLAN by the Planning Commission, and the construction, reconstruction, enlargement, extension, moving or structural alteration of buildings and other structures in connection with such use, shall conform to the GENERAL STANDARDS and SPECIAL STANDARDS hereinafter specified. The provisions of this Section are in addition to other provisions of these Regulations applicable to the district in which the use is to be located.

7.2 General Standards: The following GENERAL STANDARDS shall apply to all uses permitted in a district subject to approval of a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN:

7.2.1 Plan of Development: The SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN shall be in conformance with the purpose and intent of any plan of development, or supplement or amendment thereto, adopted by the Planning Commission under the provisions of Chapter 126 of the Connecticut General Statutes and pertaining to the area in which the use is to be located, particularly in regard to but not limited to the following:

a.

The provision of streets; the provision of frontage roads for access; limitations on the location and number of access driveways; and maintenance of safety, convenience and Level of Service on streets, and avoidance of congestion;

b.

The setback, location and bulk of buildings and structures; the appearance of buildings and structures from any street or highway, or from other lots;

c.

The provision of curbs, sidewalks, street trees and pedestrian lighting in any existing or proposed street and on the lot;

d.

The preservation of natural land form features, wetlands and watercourses;

e.

The provision, location and character of landscaping;

f.

The location, character and intensity of outdoor illumination; and

g.

The extent, character, purpose and location of signs.

7.2.2 Neighborhood: The use of land, buildings and other structures, the location and bulk of buildings and other structures and the development of the lot 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.

7.2.3 Access and Circulation: Provision shall be made for vehicular access to the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and upon the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot. Access and circulation shall also conform to the following:

a.

Where reasonable alternate access is available, the vehicular access to the lot shall be arranged to avoid traffic use of local residential streets situated in or bordered by Residential Districts.

b.

Where a lot has frontage on two (2) or more streets, the access to the lot shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.

c.

The street giving access to the lot shall have traffic carrying capacity and roadway improvements and traffic management facilities that are sufficient to accommodate the amount and types of traffic generated by the proposed use, taking into account access to existing uses along the street and existing traffic projected to the date of occupancy of the site. Roadway, traffic management and other deficiencies in the street giving access, which result in congestion or impairment of safety and convenience, may be remedied by the applicant if authorized by the owner of the street.

d.

Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage road driveways and traffic controls within the street.

e.

Access driveways shall be of a design and have sufficient capacity to avoid back up of entering vehicles within any street.

f.

Driveways into the lot shall not exceed a grade of 10% and shall meet the street line and travelway of the street in such a manner as to conform to the standard cross section for the street as may be specified in any plan of development adopted by the Planning Commission or by Town Ordinance.

g.

Where topographic and other conditions are reasonably usable, provision shall be made for circulation driveway connections to adjoining lots of similar existing or potential use i) when such driveway connection will facilitate fire protection services, as approved by the Town Fire Marshall and/or ii) when such driveway will enable the public to travel between two existing or potential uses, open to the public generally, without need to travel upon a street.

h.

There shall be no more than one (1) driveway connection from any lot to any street, except that i) separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and ii) additional driveway connections may be provided, particularly for but not limited to large tracts and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection. Driveways shall not exceed 26 feet in width at the street line, or such lesser width as will be sufficient to accommodate the traffic to be generated, unless a greater width is required by Town Ordinance or by the State of Connecticut.

7.2.4 Existing Streets: Where the lot has frontage on an existing street, a proper provision shall be made for the grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision of curbs, sidewalks, street trees and pedestrian lighting, as approved by the Planning Commission and in accordance with the pattern of development along the street and the provisions of Par. 7.2.1. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.

7.2.5 Parking and Loading: Off-street parking and loading spaces shall be provided in accordance with the provisions of Section 9.

7.2.6 Drainage: Provision shall be made on the lot for the management of storm water, including collection and disposal thereof in the following manner:

a.

To assure the usability of off-street parking and loading spaces;

b.

To avoid hazards to pedestrians and vehicular traffic on the lot and in any street;

c.

To avoid storm water flow across sidewalks and other pedestrian ways;

d.

To protect water courses and wetlands from pollution, erosion and sedimentation;

e.

To avoid an amount of discharge and time of concentration of flow beyond the capacity of downstream drainage channels; and

f.

To avoid downstream flooding.

Provision shall be made for the protection or improvement of existing water courses, channels and other drainage systems, on the lot or downstream from the lot, as needed to accept the proposed drainage discharge, based on sound design criteria under good engineering practice and as approved by the Commission, taking into account the drainage requirements of the entire watershed in which the lot is located. Provision shall also be made on the SITE DEVELOPMENT PLAN for control of storm water runoff, erosion and sedimentation during construction.

7.2.7 Wetlands and Water Courses: The SITE DEVELOPMENT PLAN shall provide for protection of all wetlands and water courses, including flood plains, on the lot in their natural state, unless modification thereof is approved by the Planning Commission and authorized by the Southbury Inland Wetlands Agency.

7.2.8 Sanitation: Proper provision shall be made for the water supply, sewage disposal and solid waste control and disposal requirements of the proposed use. The following requirements shall be met:

a.

When public water supply and/or sewage disposal systems are not to be used, the private systems shall be designed and constructed in accordance with the applicable State or Town laws and the design shall be approved by the Director of Health of the Town of Southbury prior to the approval of a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN.

b.

When a public water supply system is to be used, the documentation of the adequacy of the system as specified in Para. 14.5.4. shall be provided to the Commission for the particular use, building or structure prior to the approval of the SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN.

c.

Provision shall be made for the collection, storage and disposal of solid wastes accumulated in connection with the proposed use and for control of litter by means of receptacles, fences or other means approved by the Planning Commission.

7.2.9 Outside Storage: Outside storage (including any sales, storage and/or display of merchandise, supplies, wastes, machinery, equipment and other materials not in an enclosed building and any manufacture, processing or assembling of goods not in an enclosed building, but excluding the parking of registered motor vehicles, farm equipment and trailers in daily use) shall be located in areas of the lot as shown on the SITE DEVELOPMENT PLAN, and such outside storage areas shall be limited and screened in Business, Industrial and Public Utility Districts as follows:

a.

No outside storage area shall extend into the area required for setback from a street line of Residential District boundary line.

b.

In addition, in B-1B, B-2F, B-3, B-3A, B-3B, B-3C, B-4, M-2A, M-5 and PUD Districts, no outside storage area shall extend into the area required for setback from a property line.

c.

Outside storage areas shall be limited in extent on any lot, either as a percent of the area of the lot or as a percent of the ground floor area of all buildings on the lot in accordance with the district where located, as follows:

d.

All outside storage areas shall be enclosed, except for necessary access drives, by buildings and/or fences, walls, embankments or evergreen shrubs or trees so as to screen the storage area i) in B-1A, B-2, B-2A, B-2B, B-2C, B-2D and B-2E Districts, from view from any portion of a Residential District located within 200 feet of the lot and from Main Street or any State Highway and ii) in B-1B, B-2F, B-3, B-3A, B-3B, B-3C, B-3D, M-2, M-2A, M-5 and PUD Districts, from view from any other lot, from any street and from any portion of a Residential District located within 200 feet of the lot, provided that the Planning Commission may determine that such enclosure is not necessary in connection with all or a portion of necessary and reasonable outside storage that is an adjunct to retail sales.

7.2.10 Total Ground Coverage: The total ground coverage by all buildings and other structures, outside storage areas, areas for off-street parking, loading and driveways and all paved areas on any lot, but excluding sidewalks and ornamental plazas and terraces, shall not exceed the percentage of the lot area specified as follows for each district:

The following total ground coverage standards are also applicable:

a.

In B-1A and B-1B Districts, the total ground coverage located within the area required for setback by buildings and other structures from the street line of any State Highway or any other street shall also not exceed the aforesaid percentage that is applicable to the entire lot.

b.

In B-3, B-3A and B-3B Districts, such total ground coverage may be increased to as much as 50% on any lot when the Planning Commission finds that on the SITE DEVELOPMENT PLAN a) the additional coverage is provided in units or areas set apart from other covered areas in an effective manner by natural or landscaped areas, b) the appearance of a continuum of paved area is avoided, c) provision is made for storm water detention on the lot and d) the additional coverage is not located in the area required for setback of buildings and other structures from Main Street or any State Highway. Such additional coverage shall not consist of coverage by buildings and other structures beyond the maximum lot coverage specified in Schedule B.

c.

In B-2F, M-2A and M-5 Districts, such total ground coverage may be increased to as much as 50% on any lot when the Planning Commission finds, in connection with approval of a Site Development Plan, that the roadway system and intersections affected by traffic generated by uses located on the lot have sufficient capacity to accommodate the additional traffic generated by the proposed use and added total lot coverage while maintaining LOS C in such roadway system and intersections and accounting for the full development of CD-MSS. Such additional coverage shall not consist of coverage by buildings and other structures beyond the maximum lot coverage specified in Schedule B.

7.2.11 Lighting: Outside illumination shall conform to the requirements of Par. 7.2.1 and 7.2.2 and Section 11.

7.2.12 Landscaping: Landscaping shall be provided and permanently maintained on the lot to conform to the standards of Par. 7.2.1, 7.2.2 and 7.2.9 and to the following:

a.

All portions of the lot not covered by buildings and other structures, outside storage areas, areas for off-street parking, loading and driveways and all paved areas shall be suitably landscaped with trees, shrubs, lawns or other suitable landscaping or, if not disturbed by filling, grading, excavation or other construction activity, may be left as natural terrain when having a location, size and shape that supports the landscaping plan for the lot.

b.

In Business, Industrial and Public Utility Districts the area required for setback from a Residential District boundary line shall be suitably landscaped with evergreen shrubs or trees, or such evergreens in combination with embankments, fences and/or walks, so as to provide a transition from such Districts to the Residential District. Suitable natural terrain and existing evergreen trees and shrubs may be preserved, or augmented with new planting, to satisfy the landscaping requirement in the setback area from Residential Districts.

c.

Off-street parking and loading areas shall be provided with landscaped planting islands within and/or border landscaping adjacent to the area in such a manner as to enhance the appearance of the area and avoid the appearance of a continuum of paving. Any parking area accommodating 20 or more cars shall i) be provided with not less than 10 square feet of interior landscaping within the paved portion of the parking area for each parking space, and ii) have a landscaped area not less than 10 feet in width along its perimeter except where the parking area is functionally integrated with a parking area on an adjoining lot. Not less than one (1) tree, of a species approved by the Planning Commission and at least three (3) inches caliper and 10 feet in height when planted, shall be provided for each 20 cars or fraction thereof within the interior landscaping and/or border landscaping. Trees and plantings in interior and border landscaped areas shall be located, installed and protected by curbs or other devices so as to prevent damage by normal parking and circulation activity and parking area maintenance.

d.

All off-street loading docks located in B-2B, B-2E, B-2F, B-3, B-3A, B-3B, B-3C, M-2, M-2A and M-5 Districts and visible from Main Street, any State Highway or a Residential District shall be screened from view by means of fences, walls, embankments or evergreen shrubs or trees.

e.

All plant and other landscaping materials shall be provided in accordance with good landscaping practice and shall be subject to the approval of the Planning Commission as part of the SITE DEVELOPMENT PLAN.

7.2.13 Buildings and Structures: Buildings and other structures shall have an exterior design, including finish and color, that conforms to Par. 7.2.1 and 7.2.2. The exterior walls of any building that are visible from any street or any other lot shall present a finished appearance by means of materials consistent with the design of the buildings as a whole. No mechanical equipment shall be located on the roof of a building if visible from any street or highway unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building.

7.2.14 Emergency Services: Suitable provision shall be made on the lot for access to buildings and other structures by fire, police and other emergency services, and for fire hydrants where public water supply is available, in accordance with good fire protection practices.

7.2.15 Signs: The Planning Commission, in connection with review and approval of the SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN, may approve a plan and program for additional signs as follows:

a.

Signs attached to buildings, having letters no taller than six (6) inches and designed to be read only by persons who are pedestrians on the lot, as such signs may be needed to identify the location of particular stores, offices or other occupancies.

b.

Ground signs identifying and giving direction to individual offices, stores, services and occupancies of buildings on the lot and each such sign not exceeding 32 square feet in area, having letters and/or insignia or logos no larger than two (2) inches in height and designed to be read primarily by pedestrians and by persons operating motor vehicles when on the lot.

7.2.16 Soil Erosion and Sediment Control: Provision shall be made for soil erosion and sediment control in accordance with the standards of the Town of Southbury Soil Erosion and Sediment Control Ordinance.

7.2.17 Toxic and Hazardous Materials and Wastes: For any use involving the storage or use of toxic or hazardous materials, as defined in Par. 14.2.2a(vi), the applicant shall demonstrate that the toxic and hazardous materials and wastes shall be contained or managed in such a manner that these substances will not pollute or degrade the natural resources and environment of the Town, including surface and groundwater resources. At a minimum, the following information shall be presented by the applicant and requirements met:

a.

The amount and composition of any toxic or hazardous materials that will be handled, stored, generated, treated or disposed of on the property.

b.

Provisions for treatment, storage and/or disposal of any toxic or hazardous materials.

c.

Distance to nearest natural resources (inland wetland or watercourse, other water body, water supply aquifer, public water supply watershed, top of slope or drainage system leading to any such resources) on or adjacent to the site.

d.

Distance to any water supply well on adjacent lots and lots across the street from lot that is subject to the application.

e.

In addition, the facilities for and activity of storage and loading of road salt shall be covered with a roof, or otherwise covered so that rain water does not leach the salt, and shall be located on an impervious surface where spillage is contained and from which runoff is either collected in an evaporative detention basin or is discharged to a surface watercourse with sufficient year-round flow to dilute the runoff.

7.2.18 Historic Structures and Archeological Sites: The following are applicable to SPECIAL EXCEPTION and SITE DEVELOPMENT PLAN submissions with regard to historic structures and archeological sites:*

a.

When the lot for which a SPECIAL EXCEPTION and SITE DEVELOPMENT PLAN submission is made includes an historic structure, is adjacent to, across the street from, or is within the visual environs of a lot that includes an historic structure or is located in a National Register Historic District or an Historic District established by ordinance of the Town of Southbury under the provisions of Chapter 97a of the Connecticut General Statutes, the submission shall provide the following:

i.

Identification of the location of the historic structure and/or district; and either

ii.

A description of measures to be undertaken to protect and conserve the historic structure; or

iii.

If applicable, a copy of a certificate of appropriateness from the Town historic district commission having jurisdiction.

The Commission or Board having jurisdiction to act on the SPECIAL EXCEPTION and SITE DEVELOPMENT PLAN may request an impact assessment from the Town Historic District Commission having jurisdiction or, with reference to historic structures outside a Town Historic District, from the Southbury Historic Preservation Commission.

b.

When the lot or portion thereof for which a SPECIAL EXCEPTION and SITE DEVELOPMENT PLAN submission is made has been identified by the State of Connecticut Archeologist or the State of Connecticut Historic Preservation Office as archeologically significant or contains a National Register Archeological Site, the submission shall provide the following:

i.

Identification of the location of the archeological resource; and

ii.

A description of the nature of the resource and measures to be undertaken to protect or conserve the resource.

In addition, when such lot or portion thereof is located within an area delineated on a map of sites in the Town of Southbury having likelihood of significant archeological resources as may be prepared by the Southbury Historic Preservation Commission and filed in the Office of the Southbury Town Clerk, the Commission or Board having jurisdiction to act on the SITE DEVELOPMENT PLAN may determine that an on-site archeological assessment by qualified professionals shall be conducted on the lot or appropriate portion thereof and made a part of the submission.

*See Administrative Policy #3—Identification of Historic Structures and Archeological Sites.

7.2.19 Southford Village District (SVD).

a.

The Southford Village District includes all land designated on the Southbury Zoning Map as zones B-1A, B-1B and R-30 in the Southford district and as shown in Section 5 of the Southford 2006 Plan of Conservation and Development which maps are specifically incorporated herein and made a part of these regulations.

b.

The Southford Village District is comprised of seven (7) Planning Areas which Areas and the Goals for their development are set forth in Sections 7.6 and 7.7 of the Southford 2006 Plan of Conservation and Development. All applications submitted to the Planning Commission for approval of a Special Exception and Site Development Plan shall be consistent with these goals.

c.

Any proposed use of land, buildings and other structures in the designated SVD are subject to review and approval of a Special Exception and Site Development Plan by the Planning Commission, and the development standards, construction, reconstruction, enlargement, extension, moving or structural alteration of buildings and other structures in connection with such use, shall conform to the special SVD standards as contained herein and to the applicable General Standards and Special Standards in these Regulations and as hereinafter specified. The provisions of this Section are in addition to the other provisions of these Regulations applicable to the District in which the use is or is to be located. In addition, in the case of conflicting Regulations or Standards, the Regulations or Standard which is found to be the most in keeping with the purposes, standards and criteria used for establishing the SVD as found in the 2006 Southford Plan of Conservation and Development shall control.

d.

The Dimensional Standards which apply in Planning Areas 1-7 of the Southford 2006 Plan of Conservation and Development are attached hereto as Exhibit A and are specifically incorporated herein and made a part of these Regulations.

Exhibit A

Note: Special Planning Elements for the B-1A properties in the SVD are found on page 36 of the adopted 2006 POCD should be considered.

Note: Accessory apartments are to be incorporated into the building containing the principal use on the lot and not as stand alone dwelling units.

Note: * This is a "build to" line. Street facade of a proposed structure may not be setback farther than this distance, unless prevented by wetlands or watercourse constraints or unless a different location can be shown which better supports the recommendations of this Plan and the characteristics of the desired Village District.

Note: ** Building height to be measured from the average grade along the street front facade of the building measured at the "build to" line or the agreed upon front building line.

Note: Special Planning Elements for the B-1B properties in the SVD are found on pages 40—41 of the adopted 2006 POCD and should be considered.

Note: Accessory apartments are to be incorporated into the building containing the principal use on the lot, not as stand alone dwelling units.

Note: *This is a "build to" line. Street facade of proposed structure should not be set back farther than this distance unless prevented by wetlands or watercourse constraints or unless a different location can be shown which better supports the recommendations of this Plan and the characteristics of the desired Village District.

Note: ** Building height to be measured from the average grade along the street front facade of the building measured at the "build to" line or the agreed upon front building line.

AREA 7

Requirements for the R-30 residentially zoned properties included in the Southford Village District as shown in the adopted POCD shall remain as presently stated in these Regulations with the exception that the goals and standards for the established Village District shall be applied when considering plans for development or alteration of these properties.

7.3 Special Standards: The Planning Commission, in connection with the approval of a SITE DEVELOPMENT PLAN under these Regulations and after due notice and public hearing as required by law, may grant a SPECIAL EXCEPTION as follows:

7.3.1 Stores in B-3A and B-3B: Stores in B-3A and B-3B: As provided in Schedule A, the Planning Commission may grant a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN in the B-3A and B-3B Districts authorizing stores and other buildings and structures, where goods are sold or service is rendered primarily at retail without limitation as to the total floor area occupied by a single proprietorship if the Commission shall find that the following standards are met:

a.

The proposed use shall have a location and have a scope and intensity so as to generate traffic, with consideration for peak hours of travel, rate of turnover of parking space occupancy and seasonal variations in traffic, only to the extent that the street giving access to the lot has the capacity to accommodate, without undue hazards and congestion, the traffic generated by the use in addition to general traffic flow upon the street, taking into account existing and future projected general traffic flow; and

b.

The building shall have an exterior appearance of occupancy by proprietorships of less than 15,000 square feet.

7.3.2 Restaurants: Restaurants ^[2] consisting of table service restaurants, general service restaurants, take-out food service restaurants and accessory service restaurants, are a use having special characteristics but which are permitted in specified Districts on Schedule A subject to securing approval of a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN in order that particular matters of scope of the use, congregation of such uses and related features of traffic, parking, waste management, sewerage disposal and other factors may be addressed in each case for consistency with the comprehensive plan of zoning. Provision for restaurants and Districts therefore are intended primarily for local service, expressly excluding development of restaurants in a pattern around exits of Interstate #84 or to provide general services to I-84 traffic. The following standards are applicable to restaurant uses and the Planning Commission may grant a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN for the particular classification of restaurant in specified Districts when the Commission finds that such standards are met:

a.

The proposed use shall have a location and have a scope and intensity so as to generate traffic, with consideration for peak hours of travel, rate of turnover of parking space occupancy and seasonal variations in traffic, only to the extent that the street and its roadway geometry giving access to the lot has the capacity to accommodate, without undue hazards and congestion, the traffic generated by the use in addition to general traffic flow upon the street, taking into account existing and future projected general traffic flow and types of vehicles on the street and to be generated by the proposed use;

b.

The use shall be provided with sufficient off-street parking spaces to meet the minimum standards of Section 9 and to accommodate types of vehicles, whether passenger vehicles, trucks, buses or public service company vehicles, of all customers on the premises of the restaurant at any one time and without adverse effects on parking spaces supporting other uses on the lot;

c.

Appropriate traffic and parking management signs shall be provided on the lot, and the arrangement of parking spaces, access aisles, circulation driveways and signs on the lot shall account for the types of vehicles expected to be generated by the proposed use so as to avoid hazards and congestion;

d.

Any general service restaurant shall be located in a building on the lot having a ground floor area of not less than 15,000 square feet used for any combination of uses permitted on Lines C-1, C-2, C-3, C-6, C-7, C-9.1, C-11 and C-14 of Schedule A, and (i) not more than 15% of the ground floor area of the building shall be used for one (1) general service restaurant, and (ii) there shall be not more than one (1) additional general service restaurant for each full 30,000 square feet of ground floor area of the building;

e.

Any take-out food service restaurant shall occupy a floor area of either no more than 800 square feet or not more than 20% of the total floor area of the building, whichever is less, and there shall be no more than one (1) additional take-out food service restaurant for each full 15,000 square feet of ground floor area of the building;

f.

No take-out food service restaurant shall have any entrance, public access, floor area, food and/or beverage preparation area or customer seating in common with a table service restaurant or general service restaurant.

g.

An accessory service restaurant shall i) be located in a building having a ground floor area of not less than 3,500 square feet, ii) be accessory and subordinate to a use in the same building consisting of a depot or stop for public service company passenger transportation by bus or limousine and having a ticket counter and waiting room facilities for passengers, as identified on Line C-11 of Schedule A, and iii) shall occupy a floor area of either no more than 1,700 square feet or not more than 50% of the total ground floor area of the building, whichever is less, and in addition there shall be no more than one (1) such accessory service restaurant in the building and such restaurant and Line C-11 use shall be the sole occupancies of the ground floor of the building.

h.

Where public sewage disposal systems are not available and in addition to the provisions of Par. 7.2.8a, there shall be demonstration that an adequate on-site sewage disposal system exists or will be provided to serve the restaurant use and the projected number and concentration of customers;

i.

In addition to the provisions of Par. 7.2.8c, the restaurant use shall establish a program to control, manage and clean up on-site litter and other solid wastes generated by the use and to discourage litter in the Town from any take-out feature of the proposed use;

j.

Grant of a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN for a restaurant and issuance of a Certificate of Zoning Compliance therefor is conditioned upon requirement that the Certificate of Zoning Compliance automatically terminates when there is any change in ownership of the restaurant use or premises, provided however, that a new Certificate of Zoning Compliance for the restaurant use and premises may be issued upon demonstration that the use under the changed ownership will be in compliance with the requirements of the SPECIAL EXCEPTION as granted in these Regulations; and

k.

Any restaurant lawfully existing on the effective date of this Par. 7.3.2. may continue even though the restaurant fails to conform to one or more provisions of this Par. 7.3.2. and/or no SPECIAL EXCEPTION therefor has been secured as provided herein, provided however, that (1) when there is any change in ownership of the restaurant use or premises, a Certificate of Zoning Compliance for such restaurant use or premises shall be obtained certifying the nature and extent of the lawful use, and (2) when there is any alteration, reconstruction, extension or enlargement of the existing lawful use or premises, a SPECIAL EXCEPTION and approval of its accompanying SITE DEVELOPMENT PLAN therefor shall be secured as provided herein.

7.3.3 Nonconformity: As provided in Par. 13.13., the Planning Commission may grant a SPECIAL EXCEPTION and approval of its accompanying SITE DEVELOPMENT PLAN authorizing construction, reconstruction, enlargement, extension, moving or structural alteration of buildings and structures on a lot having improvements which fail to conform to the standards of this Section and/or authorizing continuation, enlargement, extension, moving or construction of site improvements which fail so to conform if the Commission finds that the following standards are met:

a.

The proposed construction shall result in a general improvement of the lot with regard to safe access, suitable drainage and adequate landscaping;

b.

Nonconforming signs and lighting shall be brought into a conforming or more nearly conforming condition;

c.

Adequate provision shall be made for landscaping in the area required for setback from a Residential District boundary line; and

d.

There shall be no increase in the nonconformity of buildings and other structures and site improvements.

7.3.4 Dwellings for Elderly and/or Handicapped Persons: Dwellings for Elderly and/or Handicapped Persons: As provided in Schedule A, the Planning Commission may grant a SPECIAL EXCEPTION and approval of its accompanying SITE DEVELOPMENT PLAN in the R-30A District authorizing dwellings containing two (2) or more dwelling units, owned by a Town agency or non-profit corporation, and occupied by elderly and/or physically handicapped persons if the Commission shall find the following standards are met:

a.

Such dwellings shall be owned by an agency of the Town of Southbury or by a non-profit corporation that is established under the law of the State of Connecticut for the purpose of owning, constructing and operating such dwellings. A copy of a management plan for such dwellings as well as a copy of the action of the Town creating such agency or the articles of incorporation, as applicable, shall be submitted with the application for a SPECIAL EXCEPTION and approval of its accompanying SITE DEVELOPMENT PLAN.

b.

Such dwellings and dwelling units shall be designed and equipped specifically to meet the special needs of elderly and/or physically handicapped persons, and each dwelling unit shall be occupied by at least one (1) person who is either 62 years of age or older and or is physically handicapped.

c.

Such dwellings shall contain not less than two (2) but not more than thirty (30) dwelling units, and no dwelling unit shall contain more than (2) bedrooms. Each one-bedroom dwelling unit shall contain not less than 400 square feet of enclosed floor space and each two-bedroom dwelling unit shall contain not less than 550 square feet of enclosed floor space.

d.

Such dwellings shall be located on a lot of not less than five (5) acres. The total number of such dwelling units shall not exceed eight (8) per acre of lot area. All such dwellings shall be served by a public or community water supply system, approved by the Director of Health of the Town of Southbury and the Connecticut State Department of Health.

e.

No such dwelling or building or structure accessory thereto, shall extend within less than 40 feet of any street line or property line, and no parking spaces or access aisles in connection therewith shall extend within 25 feet of any street line or within 15 feet of any property line.

f.

The use may include accessory community rooms and facilities primarily for the use of the occupants of the dwellings, as well as utility and maintenance buildings and facilities necessary for support of the dwellings on the lot and a dwelling unit on the lot for the administrator of such dwellings.

7.3.5 Dwellings over Stores in B-1B: As provided in Schedule A, the Planning Commission may grant a SPECIAL EXCEPTION and approval of its accompanying SITE DEVELOPMENT PLAN in the B-1B District authorizing dwelling containing two (2) or more dwelling units located on the second floor of buildings used for purposes designated on Lines C-1.3., C-2.1., C-3, C-8.1, and C-14 of Schedule A if the Commission shall find that the following standards are met:

a.

The dwelling units shall be located on the floor above a ground story occupied by such designated uses, and no other uses, and the dwelling unit may consist of one (1) or 1½ stories.

b.

There shall be no more than six (6) such dwelling units in any building.

c.

There shall be not less than 15,000 square feet of lot area for each dwelling unit, and the number of eligible dwelling units shall be reduced by one (1) for any other dwelling unit, such as a single detached dwelling for one (1) family or units in dwellings containing two (2) or more dwelling units, located on the lot.

d.

Each dwelling unit shall contain no more than two (2) bedrooms. The dwelling units shall have at least one (1) fully enclosed access to the ground, and all access to the dwelling units shall be separate from access to any portion of the building used for nondwelling purposes. No dwelling unit shall be located on a floor below a floor occupied for nondwelling purposes.

e.

The arrangement of the buildings and site development on the lot shall provide for i) a suitable landscaped outdoor living area or areas for use by occupants of the dwelling units, ii) off-street parking spaces reserved for use by such occupants and iii) parking, loading, driveways, building access, storage and solid waste disposal for the nonresidential uses in a manner that provides a suitable residential environment for such occupants.

7.3.6 Outdoor Athletic Lighting: As provided in Schedule A, the planning commission may grant a special exception and its accompanying site development plan authorizing the installation and operation of outdoor athletic lighting with an illuminated play surface greater than three thousand (3,000) square feet or light fixture(s) mounted to a pole at a height greater than twelve (12) feet if the commission shall find that the following additional standards are met:

a.

The use shall be located to minimize the proliferation of lit fields in the town and concentrate lighting at sites which minimize the impact on adjacent properties.

b.

The use shall not have an unduly negative impact on the surrounding residential areas. To ensure the use, enjoyment, value of property, and overall appearance and beauty of the community, other related issues such as noise, traffic, parking, availability of public sanitary facilities, debris and cleanup need to be addressed and can be the basis for denying an application.

c.

Lights shall be shut off within thirty (30) minutes after the event has ended or 10:00 p.m., whichever is earlier, unless permitted on a temporary basis by the planning commission or their designee.

d.

The board of selectmen shall act as the applicant for town owned fields.

e.

Operations shall be the responsibility of the applicant or their designee. Operations responsibility includes maintenance, utilities, turning lights off at the end of the allowed time period, management of noise, traffic and parking, availability of public sanitary facilities, debris and cleanup.

f.

The contact information of the person currently responsible for operations shall be filed with the planning department. Failure to maintain current contact information shall constitute grounds for revocation of special exception, following notice and opportunity to be heard before the commission.

g.

Lighting intensity shall conform to the current standards set forth by the Illuminating Engineering Society of North America (IESNA) in RP-6, as amended; provided, however, that Class I and Class II Uses are prohibited. Where the class of play is Class III, a dual control shall be installed to limit illumination to Class IV levels when spectators are fewer than five hundred (500). The classes of play are defined below:

Class I (Prohibited)
Competition play at facilities with five thousand (5,000) or more fixed spectator seats (professional, colleges & universities, some semi-professional & large sports clubs).

Class II (Prohibited)
Games at facilities with over one thousand five hundred (1,500) fixed spectator seats (smaller universities and colleges, some semi-pro, large amateur leagues, and high schools with large spectator facilities).

Class III (Permitted by Special Exception)
Games at facilities with over five hundred (500) fixed spectator seats (sports clubs and amateur leagues, some high schools, and large professional training facilities with spectator sections).

Class IV (Preferred Lighting Intensity. Permitted by Special Exception)
Competition or recreational play at facilities with five hundred (500) fixed spectator seats or less. Class IV Class of Play applies to games at which family and close friends of the players and staff are usually the majority of spectators (smaller amateur leagues, park and recreation department facilities, most little leagues, smaller high schools, elementary and middle schools, and social events).

The IESNA RP-6 standards in effect as of September 2011 are provided below for illustrative purposes:

^* Infield FC / Outfield FC

h.

The planning commission shall have full discretion to approve poles of any height as they deem necessary to accomplish the goals of reducing light trespass and glare at abutting residential property lines.

i.

Spill light at the nearest residential property line shall be no more than 0.05 horizontal foot-candles.

j.

Lights are to be shielded, full cutoff, light fixtures, installed to minimize glare at residential property lines.

k.

The preferred standard for lighting efficiency shall be not less than sixty (60) Lumens per electrical watt.

l.

The color temperature or appearance for the use shall average 2700K or above (neutral white up to blue-white). Light sources that emit color temperatures in the yellow range (< 2700K) may be used in conjunction with higher color temperature light sources to meet this requirement.

m.

In addition to complying with all other application requirements of these regulations, applications for special exception for outdoor athletic lighting shall include a photometric plan with the following:

• Lighting levels consistent with the current IESNA standards for the Class approved by the planning commission

• Lamp source (manufacturer, wattage, Lumens, technology employed, etc.)

• Diagram identifying the number and location of poles

• Aiming diagrams

• Number and location of poles

• Pole heights

• Kilowatts in the proposed system

• Fixture alignment, resistance to wind

• Spill light levels

• Source visibility pattern (i.e. map of where the light source can be seen)

• Candlepower cut sheets

• Lighting control system details

7.3.7 Standards for joint occupation by certain businesses. In a B-1A or B-2 Zone Stores as described in §3, Schedule A Permitted Uses, C-1; Retail dealers stations as described in §3, Schedule A Permitted Uses, C. 10-1; and Take-out food service restaurants as described in §3, Schedule A Permitted Uses, C.8.3. that wish to jointly occupy buildings which are permitted in a specified district may do so provided they comply with the following standards:

a.

The proposed use shall have a location and have a scope of intensity so as to generate traffic, with consideration for peak hours of travel, rate of turnover of parking space occupancy and seasonal variations in traffic, only to the extend that the street and its roadway geometry giving access to the lot has the capacity to accommodate, without undue hazards and congestion, the traffic generated by the use in addition to general traffic flow upon the street, taking into account existing and future projected general traffic flow and types of vehicles on the street and to be generated by the proposed use;

b.

The use shall be provided with sufficient off-street parking spaces to meet the minimum standards of Section 9 and to accommodate types of vehicles, whether passenger vehicles, trucks, buses or public service company vehicles, of all customers on the premises at any one time;

c.

Appropriate traffic and parking management signs shall be provided on the lot, and the arrangement of parking spaces, access aisles, circulation driveways and signs on the lot shall account for the types of vehicles expected to be generated by the proposed uses so as to avoid hazards and congestion;

d.

Where public sewage disposal systems are not available and in addition to the provisions of Par. 7.2.8a, there shall be demonstration that an adequate on-site sewage disposal system exists or will be provided to serve the restaurant use and the projected number and concentration of customers;

e.

In addition to the provisions of Par. 7.2.8c, the restaurant use shall establish a program to control, manage and clean up on -site litter and other solid wastes generated by the use and to discourage litter in the Town from any take-out feature of the proposed use

f.

The area, if any, occupied by the take-out food service restaurant shall occupy a ground floor area of either no more than 600 square feet or 40% of the total ground floor area of the building, whichever is less;

g.

There shall be no more than one (1) take-out food service restaurant within the jointly occupied building.

h.

If one of the joint occupants ceases to operate within the building the other occupants shall be permitted to remain provided the allocation of square footage between the businesses shall not be modified except as approved by the Commission and in compliance with the remaining provisions of this section.

7.4 Special Standards: The following SPECIAL STANDARDS, in addition to the GENERAL STANDARDS of Par. 7.2., are applicable to particular uses permitted in a district subject to the approval of a SPECIAL EXCEPTION and its accompanying SITE DEVELOPMENT PLAN by the Planning Commission:

7.4.1 Corporate Offices in R-60C District: In the R-60C District, buildings containing offices for the administration and operation of corporations, firms and organizations shall also conform to the following:

a.

The use shall be located on a lot of not less than 100 acres, which lot shall be located entirely within the R-60C District.

b.

The maximum floor area of all buildings and other structures on the lot shall not exceed 15% of the area of the lot.

c.

Such office use may have accessory uses customary with and incidental thereto, including supporting utilities and utility storage facilities, maintenance facilities, storage for documents and property, computer facilities, mail room, personnel training facilities and the following for use solely by the occupants, employees and business visitors of the principal use: recreation facilities; food service; medical and other personal services; retail sales of convenience goods; and credit union.

d.

Upon issuance of a ZONING PERMIT for the use, all other uses listed as permitted in the R-60C District are specifically prohibited on the lot.

e.

The Statement of Use submitted under Par. l4.2.2a shall be accompanied by a traffic impact analysis report, prepared by a recognized traffic engineer, indicating for the use the expected average daily vehicular trips, peak hour volumes, access conditions to Interstate 84 and to the lot, distribution of traffic, types of vehicles expected, the effect upon the level of service on the streets giving access to the lot and significantly impacted by traffic generated by the use and the traffic volume and capacity requirements for the use and other traffic on such streets. The Site Plan submitted under Par. 14.2.2b shall include the proposed roadway, traffic management systems, drainage, utility, landscaping and other improvements located outside the lot and supporting or caused by the use.

f.

No building or other structure, except permitted signs, shall extend within less than 400 feet of the street line of a State Highway (except a limited access State Highway) or any other street the centerline of which, or the side street line of which, is also, in whole or in part, the boundary of the R-60C District, within less than 100 feet of any other street line or a property line or within less than 250 feet of the boundary of the R-60C District, provided however that buildings and structures accessory to the use, each used for security services and each not exceeding 500 square feet in area, may extend to within 50 feet of the street line of a State Highway, any other street and the boundary of the R-60C District.

g.

The use shall be served by a public water supply system approved by the Director of Health of Town of Southbury and the Connecticut State Health Department.

h.

In addition to the requirements of Par. 7.2.6, substantially all stormwater that is collected in pipe and channel systems shall be routed through detention facilities that are designed to prevent any significant increase in the rate of runoff from the area served by such systems upon completion of the use and during a storm having a one percent chance of occurring in any given year.

i.

No off-street parking space or access aisle in connection therewith shall extend within less than 200 feet of the street line of a State Highway or the R-60C District boundary line nor within less than 50 feet of any other street line or a property line, provided however that up to 10 off-street parking spaces and an access aisle in connection therewith, used in conjunction with a building used for security services, may extend to within 50 feet of the street line of a State Highway and the R-60C District boundary line and to within 50 feet of any other street line and property line.

j.

No off-street loading space or access aisle in connection therewith shall be located in the area required for building setback from a street line, property line or the R-60C District boundary line.

k.

Signs and lighting shall conform to the requirements applicable in Residential Districts and the R-60C District.

l.

There shall be no outside storage in connection with the use.

m.

In addition to the requirements of Par. 7.2.12a, c and d, the area required for setback of buildings and parking from a street line or the R-60C District boundary line shall be suitably landscaped with trees, shrubs and lawns, or shall contain natural terrain and existing trees, which provide transition from buildings and paved areas to such lines. Off-street parking and loading areas shall be screened from view from any street and from any Residential District bordering the R-60C District by evergreen shrubs or trees or such evergreens in combination with embankments, fences, walls and natural terrain. The SITE DEVELOPMENT PLAN shall also include provision for suitable trees, shrubs, lawns and other landscaping of the lot and along roadways that are to be constructed or modified to implement the roadway and traffic system management improvements proposed under Par. 7.4.1e and approved by the Commission.

n.

Any portion of a building may exceed the height of 40 feet specified on SCHEDULE B, but by not more than 5 feet, when the building setbacks as specified in Par. 7.4.1f for such portion are increased as specified in Par. 7.4.1p.

o.

When the building setbacks as specified in Par. 7.4.1f are increased as specified in Par. 7.4.1p, elevator, heating, ventilating, air conditioning and solar access equipment and water storage tanks and equipment, screened as provided in Par. 7.2.13, and any penthouses enclosing some or all of same, located on the roof of a building, together not occupying more than a total of 50% of the area of the roof and not exceeding the height of the building by more than 20 feet, and parapets and antennae (except antennae for outer space satellite telecommunications) not exceeding the height of the building by more than 20 feet, may exceed the maximum height limitations of a building specified on SCHEDULE B as and if modified by Par. 7.4.1n.

p.

The building setbacks as specified in Par. 7.4.1f applicable to any portion of a building shall be increased as to such portion by two (2) feet for each additional foot of building height permitted in accord with Par. 7.4.1n and for each foot of height of the highest of the several roof-top items specified in Par. 7.4.1o. Buildings and structures having the additional height permitted under Par. 7.4.1n and/or 7.4.1o shall have an exterior finish, and shall be located on the lot in relation to the topography and landscaping, so as to minimize the appearance of excessive bulk from lots outside the R-60C District, so as to avoid significant intrusion upon the horizon line as viewed from principal streets in the Town and so as to meet the criteria of Par. 7.2.2.

q.

At all times, the maximum number of persons to be employed on the lot by the corporation, firm or organization shall be equal to or fewer than 11 employees for each one acre of the area of the lot.

r.

The gross floor area in any building used primarily for such offices for administration and operation shall not exceed 250,000 square feet, provided, however, that two (2) or more separate buildings may be interconnected and the gross floor area in any one building used primarily for the accessory uses specified in Par. 7.4.1c may exceed 250,000 square feet but not more than 50,000 square feet.

7.4.2 Special Standards for the establishment of human crematories and pet crematories as follows:

a.

The crematory will not cremate pets in a cremation chamber or retort used for the cremation of human remains.

b.

The Crematory Authority and all assigned personnel will obey and operate in the pet crematory and human crematory in compliance with all laws, rules and regulations of any governmental authority with oversight or jurisdiction over the crematory, including without limitation, the requirements of the Connecticut Department of Health (DPH) and State Department of Energy and Environmental Protection's (DEEP) Bureau of Air Management (for retort emissions) which requires an air quality permit.

c.

No human crematory or pet crematory shall be located within five hundred feet of any residential structure or land zoned for residential purposes not owned by the owner of the crematory.

d.

The special exception application shall comply with the zoning approval requirements of G.S. § 19a-320 regarding public notice, hearing, decision, and application fees.

e.

All operations shall be conducted by a Certified Crematory Operator inside the building and no remains, including residue, shall be disposed of on site.

f.

Pet Crematories shall be limited to "pets" as defined in these Regulations.

g.

Any one crematory facility shall have a maximum of 4 retort chambers, two with the capacity of 4 human bodies per day and 2 retorts dedicated to small pets.

(Ord. of 6-23-88, § D; Ord. of 1-10-07, § I; Ord. of 11-9-11, § IV; Ord. of 9-11-13; Ord. of 10-31-14; Ord. of 5-1-15, § 4; Ord. of 5-9-15(1); Ord. of 12-9-15(1))

Editor's note— Ord. of 9-11-13 set out provisions for use herein as § 7.3.6. At the editor's discretion and inasmuch as § 7.3.6 already existed, those provisions have been included as § 7.3.7.