Suffield, CT Zoning Ordinance

Approval and filing requirements. The Commission may permit the establishment of active-adult housing and its accessory uses in all residential zones and the Neighborhood Commercial Zone. An approved site plan shall be filed as required in Article XIV of these regulations.

Homeowners' association. Active-adult housing development shall be developed and occupied in a common interest community form of ownership per CGS Chapter 828, i.e., Common Interest Ownership Act. A homeowners' association must be legally established prior to filing the approved plans; membership must be mandatory for each home buyer and any successive buyer and recorded in all deeds; open space restrictions must be permanent and not just for a given period of years; the association must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities; homeowners must pay pro rata share of the cost or the assessment levied by the Town or the same may become a lien upon the delinquent member's property and share of the common space in the development; the instrument establishing the association must be submitted for approval as part of the application; and each owner shall own a proportionate share of the common land shown on the plan and a statement to that effect shall be indicated on said plan.

Bonding. Estimates of construction costs for roads, storm drains, sidewalks, hydrants, streetlights and other common facilities and site erosion and sedimentation control shall be prepared and submitted to the Commission for approval after the appeal period for approval has expired. Sureties must be received and approved by the Commission's counsel and the Treasurer's office prior to the start of construction.

Area and yard requirements. Where an active-adult housing project proposes that not less than 25% of the dwelling units be "affordable" as defined in CGS § 8-30g, the Commission may, by three-fourths vote, waive any of the following standards if it finds that such waiver will be harmonious with the Plan of Conservation and Development and will not adversely impact existing adjacent residential neighborhoods.

Minimum lot size: 10 acres.

Minimum lot frontage: 125 feet on specific existing collector or arterial streets as specified in Subsection H(1). The minimum lot frontage requirement may be reduced by one foot for every two feet by which the development's front yard setback is increased; provided, however, that the lot frontage is not reduced to less than 50 feet. Where the increased setback/reduced frontage provision is used, no pavement, parking area, or impervious areas other than the access road shall be allowed within the additional setback.

Maximum density: five dwelling units per developable acre not to exceed 50 dwelling units total per development unless in a PDA Zone where seven units per developable acre are permitted.

Minimum building setback from existing public streets: 100 feet.

Minimum building setback from property boundary: 50 feet unless adjacent to an existing PDA Zone in which case 20 feet side and 40 feet rear yards.

Maximum lot coverage: 30%.

Maximum building height: 2 1/2 stories, 30 feet.

Distance between structures: 20 feet minimum.

Minimum building setback from proposed roads in development: 20 feet where no sidewalks are placed adjacent to roads and 30 feet where sidewalks are provided.

Minimum setback of parking areas.

Side and rear: 25 feet.

Front: 50 feet.

Open space requirements. A minimum 50% of the site shall be preserved as open space, of which at least 25% must be suitable for active recreation. The Commission may require the following types of open space:

[Amended 11-19-2004]

Open space identified in the Plan of Conservation and Development;

Open space that is contiguous to existing open space areas or in areas of the site with the highest probability of connection with future open space;

Pedestrian access between properties and perimeter design concept to facilitate networking of pedestrian trails;

Scenic view easements or preservation of vistas as seen from public roads;

Streets to be laid out in a curvilinear fashion;

Preservation of historic sites and their environs;

Buffer areas to minimize conflict between existing residential uses;

No-cut or limited-clearing areas on lots;

Covenants or easements to ensure existing fields will be mowed or plowed;

Fencing;

Agricultural buffers;

Screening fences or walls, including landscaped berm along property lines; and

Active recreational amenities such as tennis courts, swimming pools, community rooms, etc.

Occupancy restrictions. The following occupancy restrictions shall be incorporated into the bylaws of the common interest ownership community:

The occupancy of any dwelling unit shall be limited to not more than three persons, one of whom shall be 55 years of age or older.

The spouse who survives his or her qualified spouse may continue to reside in such unit, notwithstanding that there may no longer be an occupant who is 55 years or older.

No persons under the age of 18 years shall be allowed to reside in any unit, except for a paid caregiver.

The purchase of any units for investment shall not be allowed. A nonresident family member may purchase up to one unit for another family member who will reside in the unit and otherwise comply with the provisions of this regulation.

An owner or family-related member of a dwelling unit must reside in his or her unit for a minimum of one year.

Living unit types and sizes.

Single-family detached dwelling units and attached units of no more than three units per structure shall be allowed.

The minimum living areas of residential units shall be as follows:

One-bedroom unit: 1,000 square feet.

Two-bedroom unit: 1,250 square feet.

Other design requirements.

Location. Active-adult housing is only permitted on the following arterial and collector roads with public water and sewer: North and South Main Streets, East Street, East Street South, South Street, Thompsonville Road, Mapleton Avenue, Bridge Street, Thrall Avenue, Remington Street and Suffield Street.

Public and private improvements. All public and private utilities, streets, and related improvements shall conform to Town of Suffield Subdivision Regulations design standards, except that a twenty-four-foot pavement width is the minimum required for any private roadway or street in the development and the Commission may require a performance bond for private improvements. The owner shall provide and maintain all private road and parking areas as may be required.

Parking. The parking requirements of Article VII of these regulations shall be applicable to active-adult housing except as modified by this section. A minimum of 2 1/2 parking spaces shall be provided for each dwelling unit. No parking spaces shall be located within the required front yard and all parking spaces visible from a public street shall be landscaped with Type "B" screening according to Article VIII of these regulations.

Landscaping plan. The landscaping provisions of Article VIII of these regulations shall be applicable to active-adult housing except as modified by this section. A forty-foot-wide landscaped buffer area shall be provided within the fifty-foot building setback wherever an active-adult housing development abuts a single-family residential development. The buffer shall be installed in compliance with the Type "B" screening requirements. A landscape plan prepared by and containing the seal of a landscape architect registered by the State of Connecticut shall be prepared and include a list and count of all trees and shrubs to be planted by common and botanical names, size (caliper, height, time until maturity) at planting, and height and spread at maturity and shall be part of the active-adult housing application. All trees and shrubs to be undisturbed shall be tagged, or otherwise identified in the field prior to commencement of site work, and shall be shown on the landscape plan.

Outdoor lighting. The lighting provisions of § 315-19 of these regulations shall be applicable to active-adult housing.

Solid waste disposal. Solid waste stations (dumpsters) shall be placed on a concrete pad, appropriately screened, maintained, and shown on the approved site plan.

Sidewalks. Sidewalks shall be required to provide sufficient and safe pedestrian circulation both within the site and to abutting properties.

§ 315-43 Adult-oriented establishment.

The Commission, as a special use after public hearing, may permit the establishment of an adult-oriented use in the Industrial (I) Zone as follows:

Location requirements. The center of the main entrance of an adult-oriented establishment shall not be closer than 800 feet (measured in a straight line) to the center of the main entrance of another adult-oriented establishment or the nearest property line of any lot used as a place of worship, public library, day-care facility, community recreation building, playground or park, sports field, school (as defined by standards recommended by the State Board of Education and the State Department of Education), or any residential zone. Said distance requirement may be waived by a two-thirds vote of the Commission, provided that the applicant has submitted a petition, at or before the public hearing, signed by the owners of 51% of the residences and commercial establishments within a distance of 1,250 feet of the proposed location and provided that the Commission makes the following findings:

The proposed use will not be detrimental to nearby property values, and the spirit and intent of this regulation will be observed.

The establishment of an additional use of this type in the area proposed will not be contrary to any residential or nonresidential programs of neighborhood conservation or improvement.

The proposed use will not cause additional crime in the area.

Time limit. Each special permit shall be issued for one year and shall automatically be renewed on an annual basis without application, provided the Zoning Official certifies there were no violations of the regulations during the year. If certification cannot be made, the Zoning Official shall provide written notice to the holder of the special permit that a new application is required. The applicant may continue to operate under the special permit until such time as the new application for renewal is denied.

§ 315-44 Affordable housing.

The Commission may grant a special permit after public hearing to allow affordable housing as defined by CGS.

Purpose. Higher density zoning may be permitted on a limited basis to provide a greater variety of housing choices. As an incentive to encourage development of affordable housing units, the Commission, upon petition and after public hearing, may grant a change of zone for a parcel of land, provided that 50% of the additional housing units allowed shall be affordable. In calculating the number of units, provision for open space land (20%) will not be deducted nor will a fee be collected in lieu of open space if 25% or more of the project units are offered as affordable housing.

Procedure. To protect the public health and welfare it is necessary to apply a number of measures to a property in question in order to be assured that such property can accommodate the desired density. Therefore, the following procedure is employed for consideration of such change of zone.

An applicant may petition for a change of zone from R-45 to R-25, or R-25 to R-15, R-11, or PDA as provided in these regulations and in accordance with the following standards:

A parcel shall be a minimum of 10 developable acres.

The land proposed for use shall be of such character that it can accommodate higher density use.

Public water supply shall be available to service the property in question.

Public sewers shall be available to service the property in question.

The existing streets in the area shall be adequate for proper circulation and increased traffic generated by more intensive development.

Existing drainage facilities must be adequate to accommodate an intensification of land use.

Soils must be of such type to accommodate an intensification of land use.

A PDA development may be allowed an additional density bonus of 40%, provided that 50% of the additional units are offered as affordable housing.

A sketch plan shall be submitted to illustrate the number of housing units possible on a property under its present zoning classification.

A preliminary plan, based on the proposed zoning classification, shall accompany the application. It shall provide adequate information to show that the standards can be met and that design proposals employed will make development compatible with the surrounding area. In addition, said plan will be used in conjunction with Subsection B(3) above to provide a "bonus" figure for use in calculating the number of affordable housing units required to qualify under this regulation.

In order to absorb the impact on the Town's infrastructure and its ability to provide services, consideration for zone changes will be limited to a total of 50 bonus units (25 affordable) per year.

The commission may consider relaxation of the 15% limitation for multifamily housing as part of the Town's housing stock when 25% or more of the proposed units in a project are affordable.

A contract certifying the above shall be drawn by the developer, approved by the Town Attorney and entered into between the developer and the Town of Suffield. Such contract shall be drawn in accordance with CGS Sec. 8-2g(a).

Ongoing administration of affordable housing units established under these regulations shall be in accordance with CGS Sec. 8-2g(b).

§ 315-45 Alcoholic beverages.

No building or use of land shall be used for the purpose of sale or exchange of alcoholic liquors, for consumption on or off the premises, at wholesale or retail, if any part of such building or premises is situated:

Within 200 feet of any part of a lot or parcel used, intended to be used, or reserved for a church, college, school or other institution for children, a hospital, library or charitable or religious institution supported by public or private funds, except that the distance limitation may be waived by a vote of 5/6 of the Commission in the case of a permitted hotel or restaurant where alcoholic beverages are sold for consumption on the premises under a hotel permit or a restaurant permit (as defined in the State Liquor Control Act),[1] provided that the Commission, after a public hearing, determines that the proximity of said hotel or restaurant or other buildings or premises used for the sale of alcoholic beverages for consumption on the premises:

Will be subordinate and incidental to the principal use of the premises as a restaurant where hot meals are served by employees to patrons at tables or as a hotel;

Will not conflict with the general purpose of these regulations as they relate to the area;

Will not adversely affect the health, safety, or morals of persons attending any nearby college, school, place of worship, library, park or playground or residing in any nearby residential zone; and

Will not hinder the appropriate development and use of adjacent property.

Editor's Note: See Connecticut General Statutes § 30-1 et seq.

In a residential zoning district, the Commission may grant a special permit for a:

Club under a club permit.

Public golf course location under a restaurant beer permit.

School/education center under a restaurant permit.

In an industrial zoning district, the Commission may grant a special permit for:

The bottling and wholesale sale and storage of alcoholic liquors without limitation of distance from any liquor outlet, under the following permits:

Warehouse bottling permit.

Warehouse storage permit.

Wholesalers permit.

The retail sale of beer and wine for consumption on the premises under a restaurant permit.

In commercial zoning districts the sale of alcoholic liquors is permitted only by special use permit issued by the Commission as follows. (Note: Permits refer to the classifications enumerated in the regulations of the State Liquor Control Commission.)

For consumption on the premises under a hotel permit, restaurant permit, cafe permit or club permit.

For consumption off the premises under a package store permit, a drugstore permit, or a drugstore beer permit only when the public entrance to such premises is not less than 1,500 feet in a direct or straight line to the public entrance of that portion of another building which is used for the sale of alcoholic beverages under the aforementioned categories of permits, except for grocery/beer permits. In the case of the forced removal of a package store, or a druggist's permit as defined in CGS § 30-52, the above limitation of distance shall not apply.

The provisions of this section shall not be deemed to be retroactive, except that any building or premises legally in use for the sale of alcoholic liquors in breach of this section which is not used for such nonconforming use for a period of 30 days shall thereafter conform to these regulations.

Temporary permits of nonprofit organizations shall be subject only to State Liquor Control Commission requirements.

§ 315-46 Antique shops.

The Commission may allow antique shops as an accessory use to a single-family dwelling by special permit in the R-90, R-45, TCV, WSV, or NC zoning districts, or in the R-25 zoning district within a historic structure or accessory building identified within the Town's Survey of Historical and Architectural Resources prepared by the Capital Regional Council of Governments, 1979, on file with the Town Clerk's office, under the following conditions:

The use shall be limited to properties on arterial roads, e.g., those with at least 5,000 vehicle trips per day.

The use shall be clearly incidental and secondary to the use of such dwelling unit and lot for residential purposes, and shall not change the residential character of the dwelling unit and lot.

Only the resident homeowner may apply for and run the antique shop, except that two nonresident employees may also be employed.

No more than 50% of the single-family dwelling unit shall be used for the antique shop, or a minimum of 400 square feet for an accessory building shall be used.

The use shall be carried on entirely within the single-family dwelling unit or within a completely enclosed accessory building permitted on the same lot as the dwelling unit.

Parking needs for the residence and the antique shop shall be met on site according to Article VII of these regulations and shall not take place in required yard setbacks. The Commission may require the screening of parking areas.

No display or storage of antiques on the premises outside of the dwelling unit or the permitted accessory building in which it is located is permitted.

Any auction shall be limited to the residents' inventory, shall require a temporary special permit, and shall not be permitted more than once during any calendar year.

§ 315-47 Assisted living and personal care facilities; convalescent and nursing homes.

Purpose. The purposes of this section are to permit, as a special use after public hearing, the establishment of an assisted living facility consisting of private residential units that provides assistance with activities of daily life in a group setting and that encourages residents, 55 years or older, to maintain a maximum level of independence, and to permit the establishment of a personal care facility for those 60 years of age and older, subject to the exceptions provided for in state and federal fair housing laws, and to provide for convalescent homes as defined in CGS § 19a-490(o).

[Amended 1-4-2019]

General. The Commission may permit the establishment of an assisted living or personal care facility and its accessory uses in all residential and commercial zones and the Town Center Village District Zone as a special permit.

[Amended 4-3-2010]

Area and yard requirements.

[Amended 4-3-2010]

Minimum lot size: 10 acres in residential and commercial zones; one acre in the Town Center Village District Zone if the Commission determines that the smaller lot size is acceptable given abutting property uses, site characteristics, site design, and site access considerations.

Minimum lot frontage: 250 feet, except when the Commission determines that a smaller amount is acceptable given abutting property uses, site characteristics, site design, and site access considerations. In no event shall the minimum frontage be less than 60 feet in the Town Center Village District Zone.

Maximum density: five units per acre in residential and commercial zones; one unit per 2,000 square feet in a Town Center Village District Zone not to exceed 30 units.

Minimum building setback from property boundaries: 100 feet, except when the Commission determines that a smaller amount is acceptable given abutting property uses, site characteristics, site design, and site access considerations.

Maximum lot coverage: 35% in residential zones, 40% in commercial zones, and 75% in the Town Center Village District.

Maximum building height: three stories or 40 feet in height.

Minimum open space: sufficient to meet the needs of residents, including at least 1,000 square feet per dwelling unit, and the construction of walking paths in residential and commercial zones only.

Minimum building setback from proposed roads within facility: 20 feet where no sidewalks are placed adjacent to roads and 30 feet where sidewalks are provided in residential zones only. In the TCVD, setbacks shall conform to § 315-39.

Other requirements.

A plan for transportation services for the residents to shopping areas, banks, senior center and other business and community services shall be submitted and subject to review and approval by the Commission.

The property shall be in the sewer service area and served by public water and sewers.

There shall be a community facility(s) suitably equipped to meet the dining, social interaction and leisure time needs of the residents. The community facility(s) shall contain not less than 25 square feet per dwelling unit. The Commission may require additional community space within the facility as it deems appropriate. In calculating community facilities, accessory uses such as a central kitchen and maintenance areas shall not be included.

[Amended 4-3-2010]

Other accessory uses such as retail and/or commercial office space may be included provided the area shall not exceed 20 square feet per dwelling unit and the use is primarily to serve the needs of the residents of the facility. There shall be no advertising of the activities which occupy said space outside of the facility.

All units shall have minimum floor areas as follows: efficiency: 400 square feet; one-bedroom: 500 square feet; two-bedroom: 650 square feet.

Each unit shall have an emergency call/intercom system connected to a central station, on site, staffed 24 hours per day when such determination is made by the Commission.

In the event that there is a conflict between this section and the provisions of § 315-32, the provisions of this section shall control.

[Amended 4-3-2010]

§ 315-48 Back (or rear) lot.

The intent of this section is to afford greater flexibility in determining the most appropriate residential development form for unusually large, deep or oddly shaped lots. Such development must be in harmony with the area in which it is proposed and must be designed and sited to protect neighboring property values while respecting the site's natural and man-made features.

Standards and requirements. The Commission may grant a special permit to allow the creation of a back lot in residential zoning districts when it determines that the development of the back lot will provide the most appropriate use of the land considering such factors as the preservation of the natural character of the land, drainage, configuration, accessibility, and topography, and where all of the following conditions apply:

The back lot shall contain a minimum fifty-foot-wide frontage strip (driveway), which shall be part of said lot and extend from the Town street to the buildable portion of the back lot. No structures shall be located within the access strip.

The back lot shall conform to all requirements prescribed for the zone in which it is located, except that the minimum lot size (exclusive of access strip) shall be at least five uninterrupted contiguous developable acres.

The front yard of the back lot shall be measured from the rear lot line of the front lot or as determined by the Commission.

Driveways longer than 250 feet in length shall meet the standards specific in § 315-14 of these regulations.

The Town street entrance to the back lot shall be posted with a sign containing the house number and street name. Such sign shall be a minimum of 1 1/2 square feet per side and a maximum of two square feet per side.

An evergreen screen shall be planted along the sides of the access strip (driveway) to ensure privacy for adjacent lots. Said planting shall be a minimum of three feet in height at the time of planting, and a minimum of six feet in height and 3/4 solid at time of maturity. The Commission may waive this requirement if topographic conditions or existing vegetation provide adequate screening. The Commission may also require additional screening or landscaping along the access driveway or any other property lines where it is needed to protect the privacy of adjacent parcels.

The Commission may permit up to two back lots on a parcel of land in existence as of June 15, 1954.

§ 315-49 Bed-and-breakfast facility.

[Amended 11-19-2004; 1-4-2019]

The Commission may grant a special permit to allow the conversion of a single-family dwelling to provide for a bed-and-breakfast facility in the R-90, R-45, R-25, TCV, WSCV, NC and FP Zones when used in conjunction with primary residential use by the owner only, subject to reasonable safeguards and the following standards.

A bed-and-breakfast shall:

Be located on a parcel of land which conforms to the minimum lot size requirement for the zoning district in which the property is located.

Not detract from the single-family residential character of the dwelling. There shall be no external evidence of the bed-and-breakfast use except for an identification sign up to four square feet in area.

Have all appropriate state and local approvals.

Have appropriate water supply and sewer facilities to meet Health Code requirements or be connected to public facilities.

Not be located on a dead-end street more than 1,200 feet from the beginning of such dead-end street.

Contain not more than four guest rooms on a property of one acre or less and up to six guest rooms for a property in excess of one acre.

Provide meals for only overnight guests.

Not contain cooking facilities in any guest rooms.

Not have a guest for a period in excess of 14 consecutive days.

The maximum number to be permitted in Suffield shall be 10.

Off-street parking shall:

Consist of one space per guest room in addition to two spaces for the dwelling.

Not be located between the street and building line for bed-and-breakfast guests.

Be screened from the street and abutting residential properties by Type "C" screening.

Have lighting adequate for public safety and security without creating a nuisance to abutters.

Have an all-weather surface.

§ 315-50 Conversion of single-family dwelling to two-family dwelling.

The Commission may grant a special permit to allow the conversion of a single-family dwelling to a two-family dwelling in the R-90, R-45, and R-25 Zones as follows:

Only homes constructed prior to 1940 shall be eligible for conversion.

There shall be double the lot area required by the underlying zone.

The minimum floor area of each dwelling unit shall be 525 square feet. For each bedroom an additional 150 square feet shall be added to the minimum.

No structural alteration made to the exterior of the building shall detract from its single-family characteristics.

No stairs above the first floor shall be added outside the existing exterior walls except at the rear wall of the building, and on a corner lot any new stairs shall be added within the existing walls of the building or added in the form of a wing that will not detract from the building's single-family characteristics.

Permits shall be issued to the property owner.

§ 315-51 Earth removal.

Purpose. The purpose of this section is to preserve a cover crop on the land to prevent erosion and to control any excavation operations that may create a safety or health hazard to the public or the adjacent property owners, or be detrimental to the immediate neighborhood or to the Town of Suffield. This use is only permitted for existing earth removal uses in which a renewal of a special permit is being sought.

General requirements.

Unless otherwise provided in this section there shall be no removal from the premises in any zoning district of earth, sand, gravel, clay or quarry stone except as surplus material not to exceed 1,000 cubic yards resulting from a bona fide construction, landscape or agricultural operation being executed on the premises and provided that no permanent damage is done to the landscape.

In any zoning district topsoil or loam may be removed from the area to be covered by a building or other construction operation and from any other area provided that no less than four inches of topsoil or loam remains and provided that the entire area disturbed is seeded with a suitable cover crop or is put to cultivation.

The Commission may grant a special permit for the renewal of existing earth removal or sand and gravel operations only, under the following conditions:

The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed together with finished grades at the conclusion of the operation.

The plan shall provide for proper drainage of the area of the operation after completion and no bank shall exceed a slope of one foot of vertical rise in two feet of horizontal distance. No removal shall take place within 20 feet of a property line.

At the conclusion of the operation, or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four inches of topsoil and seeded with a suitable cover crop.

No stone crusher or other machinery not required for actual removal of the material shall be used.

Before a special permit renewal can be granted under this section the applicant shall post a bond with the Treasurer of the Town of Suffield in an amount approved by the Commission as sufficient to guarantee conformity with the provisions of the permit issued hereunder.

In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed.

Such permits shall be issued for a period not exceeding two years.

Nothing herein shall prevent filing a revised plan with the Commission, modifying or reducing the scope of work originally approved, provided that the bond required above shall not be released until all the requirements of the section shall have been met.

§ 315-52 Flood damage prevention.

[Amended 9-19-2008]

Statutory authorization and purpose.

The Legislature of the State of Connecticut has in Title 7, Chapter 98, § 7-148(c)(7)(A) and in Title 8, Chapter 124, § 8-2 of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

It is the purpose of this regulation to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

To protect human life and health;

To minimize expenditure of public money for costly flood-control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

AREA OF SPECIAL FLOOD HAZARD

To ensure that those who occupy the areas of special flood hazard assume responsibility for their action.

Definitions. Unless specifically defined below, words or phrases used in this regulation shall be interpreted so as to give them the meaning they have in common usage and to give this regulation its most reasonable application. As used in this section, the following terms shall have the meanings indicated:

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The elevation of the crest of the base flood or one-hundred-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING

See definition for "structure" (Town's definition).

COST

As related to substantial improvements, the cost of any construction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing components, structural components, utility and service equipment); sales tax on materials; building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specification; survey costs; permit fees; and outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the areas of special flood hazard.

ELEVATED BUILDING

A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency that administers the National Flood Insurance Program (NFIP).

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided by the Federal Emergency Management Agency (FEMA) that includes flood profiles and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal water and/or the unusual and rapid accumulation or runoff of surface water from any source.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR

The top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

FUNCTIONALLY DEPENDENT FACILITY

A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.

HIGHEST ADJACENT GRADE (HAG)

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

MANUFACTURED HOME PARK OR SUBDIVISION

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement).

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Recreational vehicles and similar transportable structures placed on a site for 180 consecutive days or longer shall be considered manufactured homes for the purpose of this section.

A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

Market value of the structure shall be determined by the appraised value (total value minus land value) listed on the Assessor's online database.

MEAN SEA LEVEL (MSL)

For purpose of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION

Structure for which the start of construction commenced on or after the effective date of this regulation. (Effective date: September 19, 2008.)

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date, September 19, 2008, of the floodplain management regulations adopted by the community.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towed by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it included the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the buildings commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

VARIANCE

A grant of relief by a community from the terms of the floodplain management regulation that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

VIOLATION

Failure of a structure or other development to be fully complaint with the community's floodplain management regulations. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

General provisions.

Lands to which this regulation applies. This regulation shall apply to all areas of special flood hazard within the jurisdiction of Suffield, Connecticut.

Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report titled "Flood Insurance Study Hartford County, Connecticut (All Jurisdictions)," effective September 26, 2008, which report with accompanying Flood Insurance Rate Maps dated September 26, 2008, and any subsequent revisions thereto, are adopted by reference and declared to be part of this regulation. Since mapping is legally adopted by reference into the regulation, it must take precedence when it is more restrictive, until such time as a map amendment is obtained. The Flood Insurance Study is on file at the Town of Suffield Town Clerk's Office, 83 Mountain Road, Suffield, CT 06078.

[Amended 1-4-2019]

Compliance. A structure or development already in compliance with this regulation shall not be made noncompliant by any alteration, modification, repair, reconstruction or improvement. No structure or land shall hereafter be constructed, located, extended, converted, modified or structurally altered without full compliance with the terms of this regulation and other applicable regulations.

Abrogation and greater restrictions. This regulation is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this regulation and other ordinance, regulation, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this regulation, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and disclaimer of liability. The degree of flood protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increase by man-made or natural causes. This regulation does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This regulation shall not create liability on the part of Suffield, Connecticut, any officer or employee thereof, or the Federal Emergency Management Agency (FEMA) for any flood damages that result by reliance on the regulations or any administrative decision lawfully made thereunder.

Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this regulation, which shall remain in full force and effect, and to this end the provisions of this regulation are hereby declared to be severable.

Adoption date of regulation. The adoption date of this regulation is September 19, 2008.

Administration.

Establishment of floodplain development permit. A floodplain development permit shall be obtained before construction or development begins within any areas of special flood hazard established in Subsection C(2). Application for each floodplain development permit shall be made on a form furnished by the Town Engineer and may include but not be limited to plans in duplicate drawn to scale showing the nature, locations, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a Connecticut registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the Town Engineer. The Town Engineer is hereby appointed to administer and implement this regulation by granting or denying floodplain development permit applications in accordance with its provisions.

Duties and responsibilities of the Town Engineer shall include, but not be limited to:

Permit review.

Review all floodplain development permits to determine that the permit requirements of this regulation have been satisfied. The Town shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.

Review all floodplain development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Require that until a regulatory floodway is designated, no new construction or substantial improvements, or other development (including fill), shall be permitted within Zones A1-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all existing and anticipated development, will not increase the base flood elevation more that one foot at any point in the community.

Use of other base flood data. When base flood elevation data or floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Town Engineer shall obtain, review and reasonable utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer Subsection E.

Information to be obtained and maintained.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

For all new or substantially improved floodproofed structures:

Verify and record the actual elevation (in relation to mean sea level); and

Maintain the floodproofing certifications required in Subsection D.

Maintain for public inspection all records pertaining to the provisions of this regulation.

In carrying out his/her duties regarding this section, the Town Engineer may request that the applicant provide any information, including engineering reports and surveys, he/she determines is necessary to complete his/her review.

Alteration of watercourse.

Notify adjacent communities and the Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocation portion of said watercourse so that the flood-carrying capacity is not diminished.

Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

Certification. Where, under this regulation, a Connecticut registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this regulation, such certification must be provided to the Town Engineer.

Provisions for flood hazard reduction.

General standards. In all areas of special flood hazard the following standards are required:

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

All new construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Above-ground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE, and have a screw fill cap that does not allow for the infiltration of floodwater.

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 25 lots or five acres (whichever is less).

Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Subsection C(2) (Basis for establishing the areas of special flood hazard) or Subsection D(3)(b) (Use of other base flood data), the following provisions are required:

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the level of the base flood elevation.

Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or together with attendant utility and sanitary facilities shall:

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passing of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

Be certified by a Connecticut registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Subsection D.

Floodways. Located within areas of special flood hazard established in Subsection C are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other development, unless certification by a registered Connecticut professional engineer or architect is provided demonstrating that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

If the above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection E, Provisions for flood hazard reduction.

Structures or portions of structures in flood zones.

Portion of structure in flood zone. If any portion of a structure lies within the special flood hazard area (SFHA), the entire structure is considered to be in the SFHA. The entire structure must meet the construction requirements of the flood zone. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet the standards of the more restrictive zone.

Structures in two flood zones. If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., V Zone is more restrictive than A Zone; structure must be built to the highest BFE). The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. (Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.)

No structures entirely or partially over water. New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water.

Compensatory storage. The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of floodwater at each elevation, up to including the one-hundred-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off site if approved by the municipality.

Equal conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure are prohibited unless the applicant provides certification by a Connecticut registered professional engineer demonstrating, with supporting hydrologic and hydraulic analysis performed in accordance with standard engineering practice, that said encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage, shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.

Manufactured (mobile) homes and recreational vehicles (RVs).

In all special flood hazard areas (SFHA), any manufactured (mobile) homes to be newly placed, undergoing a substantial improvement or repaired as a result of substantial damage shall be elevated so that the bottom of the lowest floor is at or above the base flood elevation (BFE). The manufactured home must also meet all the construction standards per Subsection E(2)(a). This includes manufactured homes outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park in which a manufactured home has incurred substantial damage as a result of a flood.

[Amended 1-4-2019]

All manufactured (mobile) homes within a SFHA shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist flotation, lateral movement and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.

All manufactured (mobile) homes within a SFHA shall be installed using methods and practices which minimize flood damage. Adequate access and drainage should be provided. Elevation construction standards include piling foundations placed no more that 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.

Recreational vehicles placed on sites within a SFHA shall either be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use or meet all the general standards of Subsection E(1) and the elevation and anchoring requirement of Subsection E(1)(a) and (2)(a). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Variance procedures.

Zoning Board of Appeals (ZBA). Under Article XIII, the Zoning Board of Appeals (ZBA), as established by the Town of Suffield, shall hear and decide appeals and requests for variances from the requirements of this regulation. Records of appeal actions are maintained by the Town Clerk. The record of any variance or appeal action under this section shall be reported to the Federal Emergency Management Agency (FEMA) upon request.

Specific situation variances.

Buildings on a historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or any locally adopted historic district without regard to the procedures set forth in the remainder of this section and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.

Functionally dependent use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use or facility provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet all the requirements of Subsection F(4).

Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Considerations for granting of variances.

In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this regulation and the items listed below:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;

[6]

The availability of alternative locations not subject to flooding or erosion damage for the proposed use;

[7]

The compatibility of the proposed use with existing and anticipated development;

[8]

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles;

[10]

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[11]

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

Upon consideration of these factors and the purposes of this regulation, the ZBA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this regulation.

Conditions for variances.

Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief, considering the flood hazard, and in the instance of a historical building, a determination that the variance is the minimum necessary as not to destroy the historic character and design of the building and result in the loss of historic designation of the building.

Issuance.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship; and

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, damage the rights or property values of other persons in the area, cause fraud on or victimization of the public, or conflict with existing local laws, ordinances or regulations.

Only hardships that are based on unusual or unique physical characteristics of the property in question, characteristics that are not shared by adjacent parcels, shall qualify to meet Subsection F(4)(b)[1][b] above.

No variance may be issued within a regulatory floodway that will result in any increase in the one-hundred-year flood levels. A variance may be issued for new construction, substantial improvements and other development necessary for the conduct of a functionally dependent use, provided that there is good and sufficient cause for providing relief, and the variance does not cause a rise in the one-hundred-year flood level within a regulatory floodway. The structure and other development must be protected by methods that minimize flood damages.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation (BFE) and the elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.

Enforcement and penalties for violation.

Each floodplain development permit shall authorize, as a condition of approval, the Town Engineer or designated agents to make regular inspections of the subject property. The Town Engineer or designated agents are also authorized to inspect any property in a special flood hazard area (SFHA) where it appears that violations of these regulations may be taking place.

If the Town Engineer finds that any person is undertaking any construction, substantial improvement, filling, or any other activity or maintaining a condition which is in violation of these regulations, he/she shall notify the Zoning Enforcement Officer and cooperate with the Zoning Enforcement Officer in enforcement procedures indicated in § 315-119.

Penalties shall be as indicated under § 315-119.

§ 315-53 Greenhouse operations (commercial).

The Commission may grant a special permit to allow commercial greenhouse operations in accordance with due consideration of the following criteria and standards:

Criteria.

Conservation of property values.

Negligible impact of traffic in the immediate neighborhood.

Limitations necessary to protect the immediate and adjacent neighborhoods.

General welfare of the Town and consistency with the objectives and principles of the Plan of Conservation and Development.

Standards. The Commission may permit lot coverage by buildings of up to 50% if it makes additional findings that the plan of the proposed facility as approved will:

Be exclusively for the growing and harvesting of horticultural products;

Maintain at least 85% of the land beneath the greenhouse structure with no impervious permanent covering;

Collect and recycle all roof drainage for distribution within the greenhouse for all rainfall events;

Not cause an increase in peak stormwater runoff off site;

Not permit water withdrawal from private wells which would adversely affect adjacent wells;

Use only USDA approved pesticides, herbicides, or other chemical treatments;

Not cause any interior or exterior lighting to shine in a manner which would interfere with the enjoyment of surrounding properties between 7:00 p.m. and 5:00 a.m.;

Not cause sunlight to be reflected in any concentrated manner which would interfere with the enjoyment of surrounding properties;

Provide transparent or translucent greenhouse walls and roofs;

Provide at least 100 feet of distance from all developable property lines to any building, greenhouse or loading or unloading areas;

Provide Type "C" screening of all parking and loading areas and any visible utilities; and

Provide Type "B" screening of all buildings so that the greenhouse use will not hinder or discourage the appropriate development and use of adjacent properties.

§ 315-54 Horses for commercial purposes.

The Commission may grant a special permit to allow the keeping of more than 10 horses for breeding, boarding, and/or instruction for commercial purposes in the FP, R-90, R-45, R-25, WSCV, I, and PDIP Zones as follows:

The premises shall be not less than 10 acres in area and shall be in a predominantly rural area and existing buildings shall be so located as to create no adverse effect on neighboring properties.

The use may be conducted only by the resident of the premises as an accessory use.

Buildings housing animals and areas of concentrated storage of waste shall be not less than 100 feet from any lot line and not less than 150 feet from a dwelling on property under other ownership and 100 feet from a stream.

In considering such special use, the Commission shall weigh the agricultural and rural as well as the residential character and potential of the area and shall find the granting of such use shall result in an appropriate use of the land and will not have a detrimental effect on existing or potential residential or other uses in the area.

§ 315-55 Landfill regulations.

The Commission may grant a special permit after public hearing to a landowner under contract to the Town of Suffield, or the Town of Suffield, to conduct a sanitary landfill. The Commission may impose any reasonable safeguards as to conditions of approval and shall require the following:

A properly certified key map of the general area at a scale of one inch equals 200 feet showing:

Boundary and owner of record of the premises in question;

Boundaries and owners of record of all adjacent properties;

Topography and contours of the premises and all land within 500 feet of the premises, with the contour interval at two feet;

Existing land use(s) on the premises and within 500 feet of the premises;

All public and private roads which provide access to the premises;

All natural watercourses, wetlands, and drainage areas on the premises and within 500 feet of same;

All existing utilities and easements on the premises.

A site plan map, in triplicate, prepared and certified by a professional engineer, at a scale not smaller than one inch equals 100 feet showing:

A-2 boundary survey;

All information shown on the key map as it relates to the premises;

Proposed contours and finished grades at the completion of the filling operation, contours as in key map;

Acres of active operation and stockpiling, differentiating between removed topsoil stockpiling and other materials;

Means of vehicular access to the premises;

Location of any proposed buildings and structures and fixed equipment and machinery;

Such additional information so as to clearly indicate complete compliance with the required standards and operations set forth herein.

Approval of the Connecticut Department of Environmental Protection including the following items:

Quantity and quality of cover materials for various purposes;

Control of surface waters and groundwaters;

Prevention of water pollution;

Depth of landfill;

Compaction and timing of placement of cover material;

Qualifications of the operator and employees.

Erosion and sedimentation control plan according to CT DEP 2002 guidelines as amended.

Access roads shall be designed and constructed as all-weather roads suitable for carrying loaded collection vehicles and all-weather access shall be provided from the entrance gate of the site to an unloading area.

Suitable buffer strips to screen operations from adjoining properties or public streets.

Operating standards:

Operating hours shall be restricted to weekdays (Monday through Saturday) between the hours of 7:00 a.m. and 8:00 p.m., except as may otherwise be permitted by the Commission.

All equipment and machinery shall be maintained in good repair and operated in such manner as to minimize noise, vibration, smoke, dust, unsightly conditions and any other nuisance.

Access to the site for disposal operations shall be limited to those hours when an attendant is on duty and only to those authorized to use the site for disposal of refuse.

Hours of operation and other limitations on access are to be displayed prominently at the entrance gate.

The entrance to the site is to have a fence at least six feet in height with gates that can be locked.

Telephone or radio communications are to be provided at the site.

Fire extinguishers approved and periodically checked by the Fire Department are to be kept in the equipment and in all buildings and an adequate supply of water under pressure or a stockpile of earth is to be maintained reasonably close to the working face of the fill.

Upon completion of a landfill it shall be covered with topsoil and seeded. The owner and operator shall be responsible to see that adequate growth of seeded areas occurs.

The working fill areas shall be limited to 10 acres at a time.

Operations shall be in conformance with state and municipal regulations.

The sanitary landfill shall be designed in accordance with these requirements and any additional requirements established by the Commission and/or the Connecticut Department of Environmental Protection by a registered professional engineer. Detailed plans, specifications, and necessary reports shall be submitted by said engineer to the Connecticut Department of Energy and Environmental Protection for review and approval.

Following approval by the Commission, a Mylar transparency and four paper prints of the site plan noted in Subsection B are to be submitted to the Commission for record.

The Commission may modify the items in the site plan under local jurisdiction or it may require additional information for clarification.

§ 315-56 Motor vehicle sales, service and washing.

The Commission may grant a special permit to allow the following uses in the I Zone subject to site plan approval as follows:

Car wash as a principal use.

Vehicular circulation shall be controlled for safe entrance and exit and all vehicles awaiting service or being served shall be parked or stacked behind the building line.

Entrance and exit driveways shall be not over 15 feet wide each between the street line and the building line, shall have adequate radii for junction with existing traveled ways, and shall be separated by a landscaped median not less than eight feet wide.

All front yards shall be at least 25 feet in depth from the street line and covered with a natural landscape material such as turf, ground cover or stone or slate paving, but not bituminous material. Each street yard shall have Type "A" screening.

Landscape strips shall contain Type "C" screening.

All operations, except final hand polishing, shall be confined within the building.

All wastewater and liquids used in car wash operations shall be collected by a self-contained treatment system on the property. Said system shall be so designed as to remove all sand and other solids from the used wash water. In addition, if wash water is to be discharged into a public sewer, approval of the WPCA shall be required. Said self-contained treatment system shall be subject to approval by the Town Engineer.

Motor vehicle sales and service as a principle use. Vehicle display and service shall take place at least 50 feet set back from front property line.

§ 315-57 Outdoor cafe service requirements.

The Commission may grant a special permit that permits outdoor cafe service as an accessory use to a restaurant as follows:

Outdoor cafe service must be entirely on property owned or leased by the applicant. Proof of adequate insurance coverage for the establishment shall be submitted and the owner/operator shall sign an agreement indemnifying the Town from liability on adjacent Town property resulting from the operation of said use prior to the issuance of a building permit. Public property may not be used for outdoor cafe service purposes unless a properly executed lease agreement has been obtained.

No more than 25 outdoor seats shall be permitted.

Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. unless waived or further limited by the Commission.

A photometric plan shall be provided detailing light types(s) and wattage(s), installation location, mounting height, and ground level lighting intensity of all lighting in the outdoor eating area within the parcel and at adjacent property lines. Unless otherwise approved, the ground level lighting intensity caused by lighting of outdoor cafe areas shall not exceed one footcandle at the property lines.

No outdoor window service is permitted.

No outside audio system is permitted.

No signage on umbrellas, chairs, trash receptacles, etc., is permitted.

All evidence (tables, umbrellas, chairs, trash receptacles, etc.) shall be removed between October 31 and April 1.

The parking regulations of Article VII of these regulations shall apply to both indoor and outdoor seating.

Said use shall not create visibility problems for motorists or pedestrians, nor be located in such a manner as to restrict access by emergency services to any portion of any building. Walls, fences, and/or plantings should be proposed when necessary to separate seating from traveled areas.

§ 315-58 Two-family dwelling.

The Commission may grant a special permit to allow the construction of a new two-family dwelling in the R-90, R-45, and R-25 Zones subject to reasonable safeguards and the following requirements:

Architectural plans showing all proposed buildings and structures as well as site plans shall be subject to approval by the Commission. Architectural plans may be in preliminary form but shall include exterior elevation drawings, generalized floor plans and perspective drawings prepared, except for drawings for signs, by an architect or professional engineer licensed to practice in the State of Connecticut.

At least one dwelling unit shall qualify as affordable housing as defined in Article II of these regulations.

The minimum lot area shall be 45,000 square feet, or 90,000 square feet in an R-90 Zone.

Not more than two individual dwelling units shall result.

The building exterior appearance shall be consistent with the single-family characteristics of the neighborhood. There shall be no indication from the street that the building contains two dwelling units. Design considerations shall include, but are not limited to, placement of entrance doors, mailboxes, electric meters and garages.

The lot design shall be consistent with the single-family characteristics of the neighborhood. There shall be no indication from the street that the lot is designed for two dwelling units. Lot design characteristics shall include, but are not limited to, parking arrangements and exterior lighting. Screening in accordance with the provisions of Article VIII of these regulations shall be employed where appropriate to maintain the appearance of a single-family home.

The minimum floor area for the entire building shall be no less than 2,000 square feet.

The minimum floor area of each dwelling unit shall be not less than 1,000 square feet.

The contract between the applicant and the Town shall be prepared by the applicant modeled after the criteria set forth in CGS § 8-2g(a). Any such contract shall be approved as to form by the Town Attorney.

Except as specified in this section, all other requirements that are applicable to the zoning district in which the two-family dwelling is to be constructed shall apply.

§ 315-59 Wireless telecommunication regulations.

Statement of purpose.

Recent advances in wireless communications technology have resulted in a new generation of telecommunication services. These new services transmit electromagnetic waves of such a frequency and power that will likely require numerous antenna locations. These antennas may be located on buildings, water towers, and other similar structures but will also frequently be located on new or enlarged towers. This requires that the Town of Suffield regulate wireless communication system facilities in a different manner than conventional television and radio transmission towers which are able to transmit their signals at much greater distances.

A number of providers of wireless communication services have recently been licensed by the Federal Communications Commission and additional providers are expected to be licensed in the near future. These firms are expected to pursue antenna sites within the Town of Suffield and these efforts are expected to include requests to construct new communication towers.

The intent of this proposed regulation is to provide for the establishment and/or expansion of wireless telecommunication services within the Town of Suffield while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, sitting, and screening. More specifically, this regulation has been developed in order to:

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

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

Site facilities below visually prominent ridge lines;

Minimize the location of facilities in visually sensitive areas;

Encourage creative design measures to camouflage facilities;

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

WIRELESS TELECOMMUNICATION SERVICES

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

Definitions. For the purpose of applying the provisions of this section the terms below shall be defined as follows:

ANTENNA

A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to, whip antennas, panel antennas, and dish antennas.

CO-LOCATION

Locating wireless communication facilities from more than one provider on a single site.

HEIGHT OF TOWER

The vertical distance measured in feet from the average existing level of the ground surrounding the tower and within 10 feet thereof to the topmost point of the tower, including any antenna or other appurtenances. The existing elevation shall mean the actual or approved elevations of the property at the time of application.

TOWER

A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include: self-supporting lattice, guyed, and monopole.

Licensed wireless telecommunication services, including, but not necessarily limited to, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

WIRELESS TELECOMMUNICATION SITE

A facility operated by a licensed wireless telecommunication service provider which consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services.

Location preferences. The locations for sitting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed in Subsection C(1) through (6) below, in order of preference:

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

On existing or approved towers.

On new towers less than 75 feet in height located in commercial or industrial zones.

On new towers less than 75 feet in height located in residential zones.

On new towers 75 feet or greater in height located in commercial and industrial zones.

On new towers 75 feet or greater in height located in residential zones.

Permitted uses. The following uses which generally pose minimum adverse visual effect subject to the standards in Subsection H.

Wireless telecommunication sites located on nonresidential buildings and shielded from view from all surrounding streets and driveways used by the general public. The method and materials used to shield such sites must be approved by the Commission as part of the site plan review.

Wireless telecommunications sites where the antenna is mounted on existing towers, utility poles, water towers, light standards, bridges, or other structures not classified as buildings provided the following standards are met:

No changes are made to the height of such structure.

No panel antenna shall exceed 72 inches in height and 24 inches in width.

No dish antenna shall exceed 39 inches in diameter.

All accompanying equipment buildings or boxes shall be screened and fenced as approved by the Commission as part of the site plan review.

Uses allowed only by special permit. In addition to specific requirements listed in Subsections H and I, the standards provided in Article XIV shall also apply to applications submitted under this section.

In all zoning districts, wireless telecommunication sites not otherwise permitted in Subsection D.

Site plan requirements. All proposals to develop a wireless telecommunications site as permitted use or special permit use shall be subject to the site plan requirements listed in Article XIV of these regulations. In addition, the following information shall be submitted in accordance with each particular application where applicable.

Permitted use.

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

Details of all proposed antenna and mounting equipment, including size and color.

Elevations of all proposed shielding and details of materials, including color.

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

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

A report from licensed engineer indicating that the proposed wireless telecommunication site will comply with the emission standards found in Subsection H of the regulation. Such report shall also certify that the installation of such site will not interfere with public safety communications.

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

Proof that either the applicant or co-applicant holds bona fide license from the Federal Communications Commission (FCC) to provide the telecommunication services that the proposed tower is designed to support.

(i)

A report or letter from the Federal Aviation Administration that the proposed tower complies with all airport safety requirements for Bradley International Airport.

(j)

A map depicting the extent of the provider's planned coverage within the Town of Suffield existing service area and the service area of the proposed wireless telecommunication site.

(k)

A map indicating the search radius for the proposed wireless telecommunication site.

Special permit.

All of the plans and information required for permitted uses in Subsection F(1).

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

For towers located in or within 1,000 feet of any residential zoning district, the applicant shall provide a viewshed analysis showing all areas from which the tower would be visible.

Height and area requirements.

Lot size. Wireless telecommunication sites containing a freestanding tower shall not be located on any lot less than 20,000 square feet in area. Where it is proposed that such a wireless telecommunication site occupy a lot as a principal use, the lot size shall be equal to that required for the underlying zone or 20,000 square feet, whichever is greater.

Height. The maximum height of a tower proposed under this regulation shall be 200 feet, including the antenna and all other appurtenances. The height of a tower mounted on a building shall be measured from the average level of the ground along all walls of the building to the tallest point on the tower, including the antenna and all other appurtenances. The maximum height of any rooftop-mounted equipment building or box shall be 15 feet.

Setbacks.

All freestanding monopole towers shall comply with the following minimum property line setbacks:

Front yard or side yard along a street. A distance equal to 3/4 the height of the tower or the setback required for the underlying zone, whichever is greater.

Side or rear yards.

In residential zoning districts, 50 feet for towers less than 75 feet in height and 100 feet for towers equal to or greater than 75 feet.

In residential districts, all other freestanding towers shall be located a minimum distance from any property line equal to 125% of the proposed tower height.

In nonresidential zones, 25 feet for towers less than 75 feet in height and 50 feet for towers equal to or greater than 75 feet. However, where a side or rear lot line is contiguous to a residential zone, the setback for that particular yard shall be as required for such a tower in a residential zone.

[d]

In nonresidential districts, all other freestanding towers shall be located a minimum distance from any property line at least 100 feet or a distance equal to the height of the tower, whichever is greater.

All equipment buildings/boxes or equipment areas each 50 square feet or greater in area shall comply with the minimum property line setbacks for a principal building in the underlying zone.

All equipment buildings/boxes or equipment areas each less than 50 square feet in area shall comply with the following minimum property line setbacks:

Front yard or side yard along a street: same as for a principal building in the underlying zone.

Rear and side yards: 20 feet.

General requirements.

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

No tower exceeding 75 feet in height shall be located within 1,000 feet of the boundary of an approved historic district.

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

Towers not requiring special FAA painting or markings shall be painted a noncontrasting blue, gray, or black.

Towers may not be used to exhibit any sign or other advertising.

Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional comparable antenna if the tower is over 50 feet in height. The Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights.

All towers shall be monopole design unless otherwise approved by the Commission. A monopole tower shall be designed to collapse upon itself.

The Commission may require that monopole be of such design and treated with an architectural material so that it is camouflaged to resemble a woody tree with a single trunk and branches on its upper part.

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 building.

All dish antennas shall be of mesh construction unless otherwise approved by the Director of Planning and Development in conjunction with an application for a permitted use and the Commission in conjunction with an application for a special permit.

[Amended 1-4-2019]

Dish antennas shall not exceed six feet in diameter. Panel antennas shall not exceed six feet in height.

No proposed wireless telecommunication site shall be designed, located, or operated as to interfere with existing or proposed public safety communications.

All applications for wireless telecommunication sites within the flood protection zone shall comply with the standards found in § 315-52 of these regulations.

(14)

The design of all wireless telecommunication sites shall comply with the standards promulgated by the FCC for non-ionizing electromagnetic emissions.

(15)

All utilities proposed to serve a wireless telecommunication site shall be installed underground unless otherwise approved by the Commission.

(16)

All generators installed in conjunction with any wireless telecommunication site shall comply with all state and local noise regulations.

Factors upon which special permit decisions of the Commission shall be based. In passing upon applications for wireless telecommunication sites, the Commission, in addition to the standards found in Article XIV, shall also find:

In the case where a wireless telecommunication site is proposed to be located on or within 100 feet of a property designated on the National Historic Register or in a historic district that such proposal will preserve the historic and/or architectural character of the landscape or any structure.

In the case where an application for the proposed location of a wireless telecommunication site is not a preference one through three location [see Subsection C(1) to (3)] the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally, or economically feasible. The supplied documentation should evaluate the following factors:

The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved tower as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.

The planned equipment cannot be accommodated on existing or approved towers due to structural deficiencies as documented by a qualified licensed engineer and that such deficiencies cannot be eliminated at a reasonable cost.

The existing or planned equipment on an existing or approved tower would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost.

Any restriction or limitation imposed by the FCC.

Abandonment. A wireless telecommunication site not in use for 12 consecutive months shall be removed by the service facility owner. This removal shall occur within 90 days of the end of such twelve-month period. Upon removal, the site shall be restored to its previous appearance and, where appropriate, re-vegetated to blend with the surrounding area. The Commission may require that an appropriate bond be submitted as surety.

Expiration of permit. The approval of an application for special permit shall be void and of no effect unless construction of the project commences within one year and is completed within two years from the date of the approval granted by the Commission. For purposes of this regulation, the term "start of construction" shall be defined as the installation of a permanent building foundation. The Commission may grant up to two six-month extensions of this period upon written request by the applicant. The Commission shall withhold approval of any or all extensions unless the development plan is brought into conformance with any relevant zoning regulations which have been amended subsequent to the original approval and if the applicant fails to provide adequate evidence that construction is able to begin within the extended time period sought. This evidence shall include, but not be limited to, the acquisition of any or all required government approvals and project financing. Any appeals of such special permit, site plan, inland wetlands, or subdivision approval shall extend the aforementioned one-year period the length of such appeal. The Commission may, as a condition of approval of a special permit, establish a time period such special permit shall remain in effect.

§ 315-60 Permanent farm stand.

[Amended 11-17-2008]

The Commission may grant a special permit to allow a permanent farm stand in the FP, R-90, R-45 and R-25 Zones as follows.

The farm stand building location must comply with § 315-39, requirements for principal buildings.

The stand shall be located on the premises of and accessory to an active farm with a minimum of five acres.

Outdoor display, sales or storage of goods or materials must comply with § 315-22.

All signs must comply with Article IX.

The Commission may limit the size and scope of a farm stand in relation to the size of the farm based on acreage and production.

The stand shall be operated by the farm owner or the lease holder.

No sales shall be made before 7:00 a.m. or after 8:00 p.m. on any day.

The stand must meet all state and local codes and health requirements.

All items sold at the stand shall be "Connecticut and/or Massachusetts grown" farm products such as fruits, vegetables, cider, plants, potted flowers, trees, shrubs, processed foods such as jams, conserves, preserves, pickled foods, honey, syrup, baked goods, eggs and a full range of dairy products, including soft-serve ice cream, Christmas trees, wreaths and gift baskets.

§ 315-61 Wineries.

[Amended 11-17-2008]

The Commission may grant a special permit to allow wineries in the FP, R-90, R-45 and R-25 Zones as follows:

The winery building location must comply with § 315-39, requirements for principal buildings.

The winery shall be located on the premises of and accessory to an active farm with a minimum of five acres.

Outdoor display, sales or storage of goods or materials must comply with § 315-22.

All signs must comply with Article IX.

The Commission may limit the size and scope of a winery in relation to the size of the farm based on acreage and production.

The winery shall be operated by the farm owner or the lease holder.

The winery must meet all state and local codes and health requirements.

[Amended 1-4-2019]

§ 315-62 Adaptive reuse.

[Amended 6-4-2010]

The Commission may permit, by special permit, the rehabilitation or adaptive reuse of nonresidential buildings which have been at least 60% vacant for a period of not less than 18 months in the R-90, R-45, R-25, R-20, R-15, R-11 and NC Zones, in accordance with the following regulations:

Criteria.

Substantial benefit to the Town.

Compatibility with the surrounding area.

Substantial inability to develop the property in conformance with its current zoning.

Special permit use. Multifamily use provided that the Commission finds that the above criteria are met.

Pre-application conference. Prior to the submission of an application for adaptive reuse, all applicants are required to initiate a pre-application conference with the Commission and its staff to discuss the conceptual aspects of the proposed development and to prepare and present a conceptual plan for informal consideration.

Procedure; site plan/special permit review.

A site plan and application for special permit shall be submitted and reviewed in accordance with Article XIV of these regulations except as modified by Subsection D(2) below. The Commission shall require a minimum of 2.5 parking spaces for each approved dwelling unit. The Commission may require additional parking spaces when deemed appropriate. If, in order to meet the coverage requirements of this section, the coverage requirements of § 315-30D or 315-34D of these regulations are exceeded, the Commission may increase the allowable maximum coverage to accommodate the parking requirements of this section. All other parking standards in Article VII of the regulations shall be adhered to, where applicable.

Dwelling units shall be limited to existing buildings only. No new buildings or additions to existing buildings shall be constructed on the site to house dwelling units. The site requirements pertaining to the applicable zone within § 315-39 of these regulations shall apply to those portions of the property proposed for such residential development, with the following exceptions:

The minimum parcel area, maximum density, and frontage requirements shall not apply. Increases in building height to accommodate additional dwelling units shall not be permitted. The existing lot area and coverage of the parcel under consideration shall be considered the required lot area and coverage, unless they exceed the minimum area and coverage requirements of the underlying zone, in which case the least restrictive requirements shall apply.

The existing front, side, and rear yard of the building to be converted shall be considered to be the required front, side and rear yard setback, unless they exceed the minimum yard requirements of the underlying zone, in which case the least restrictive requirements shall apply.

The maximum overall density of dwelling units in the proposed development shall be as deemed appropriate by the Commission for the general vicinity of the proposed project. In making said determination, the Commission shall give consideration to the size of the building being converted and the location of the building in relation to retail, medical and transportation facilities, and the unit mix within the building. To aid in this determination, the applicant shall supply a vicinity map showing all parcels of land within 500 feet of the subject property and shall include all land uses, numbers of dwelling units and the overall density of each parcel of land.

All buildings shall be connected to public water and public sanitary sewer systems or to private systems that meet the minimum requirements of the Town and State Departments of Health.

To the extent that the existing parcel areas, yards, and coverage are nonconforming, in no case shall such nonconformities be increased except as may be necessary to comply with applicable parking requirements. Notwithstanding the above, the Commission may approve the construction of accessory building which may cause the otherwise applicable coverage requirement to be exceeded.

Buildings and conformity. Accessory buildings shall not contain dwelling units and shall be incidental to a proposed use or uses within structures (i.e., garages, storage sheds). Accessory buildings must meet the current setbacks for the underlying zone as outlined in § 315-39. Additions to existing buildings to accommodate the overall rehabilitation processes associated with converting a building may be permitted and are not to exceed 15% of the gross floor area. All exterior renovations, modifications and additions shall be done in a manner that is compatible with the historic character of the existing buildings.

Applicability of regulations. The Town of Suffield Zoning Regulations (except as otherwise noted in this section), Inland Wetlands and Watercourses Agency Rules and Regulations, and Subdivision Regulations are, where applicable, in full force and effect with respect to any application for special permit hereunder. No final site plan shall be approved until the applicant has complied fully with all of the above regulations.

§ 315-63 Small wind energy producing facilities.

[Amended 12-14-2011]

The intent of this section is to promote the safe, effective, and efficient use of small wind energy systems with a nameplate rated capacity of not more than 100 kW, the primary purpose of which is to reduce the on-site consumption of utility supplied electricity.

The Commission may grant a special permit for the installation of a small wind energy producing facility in the FP, I, PDIP, PDA, R-90, R-45, and R-25 Zones as follows:

ON-SITE WIND ENERGY FACILITY

Definitions. As used in this section, the following terms shall have the meanings indicated:

A wind facility located at a residential, commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the facility.

TURBINE FACILITY HEIGHT

The height above grade of the fixed portion of the tower, plus any blade that extends above the tower at any point in its arc is defined as the turbine height.

WIND TURBINE

A wind energy conversion facility that converts kinetic wind energy into rotational energy that drives an electrical generator. These facilities generally include but are not limited to a tower, accelerator platform or nacelle body, and one or more rotors with two or more blades for each rotor, transmission lines and support structures, as well as storage, collection, and supply equipment.

General requirements.

On-site wind energy facilities shall be secondary to the principal use of the premises.

The applicant shall comply with all applicable Federal Aviation Administration (FAA) requirements, or any other Town, state, or federal codes, standards, or requirements.

If the Commission determines that a proposed facility will result in significant negative impacts, it shall not be approved.

Specific standards.

On residentially zoned properties, a wind turbine's nameplate rated capacity shall not exceed 10 kW.

Except during short-term events such as severe wind storms and utility outages, the facility shall be designed, installed, and operated so that noise generated by the system shall not exceed 60 decibels (dB), as measured at the closest property boundary.

Wind facility shall be no higher than 120 feet in height provided that in all cases the facility complies with all FAA requirements.

The wind facility shall be set back, as measured from the center of the tower, a distance equal to the overall height of the tower plus the required property line setback. This distance may be reduced by the Commission if the fall zone is equal to the distance of the tower plus required property line setback from the nearest habitable structure and an easement and/or other nonrevocable, legally binding agreement is granted by the affected property owner.

The Commission may reduce the minimum fall zone, as appropriate, based upon site specific considerations.

The wind facility shall be sited in a manner that eliminates shadowing or flicker impacts on surrounding properties. The applicant has the burden of proving that flicker does not have a significant adverse impact on neighboring or adjacent uses through either siting or mitigation.

All utilities serving the facility shall be underground.

Base equipment structures, cabinets, and fencing of ground-mounted facilities shall not be located within any required yard setback of the underlying zone. Adequate landscaping to buffer the ground level equipment and structures from adjoining properties shall be provided if the Commission deems it appropriate.

Structural standards.

Unless otherwise approved by the Commission, all towers proposed under this section shall be monopole.

Unless required by the FAA, no lights shall be permitted on any facility above 15 feet of the surrounding grade.

Unless required by the FAA, the color of the on-site wind energy facility shall be a neutral, nonreflective exterior color that blends with the surrounding environment.

The owner shall maintain the on-site wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level satisfactory to emergency first responders (fire, police, and ambulance).

Signage.

Signs on the wind facility shall be limited to:

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger.

Those required by state or federal law.

Educational signs providing information about the facility and the benefits of renewable energy.

Wind turbines shall not be used for displaying any advertising, except for reasonable identification of the manufacturer.

Abandonment or decommissioning.

Any wind facility which has reached the end of its useful life, or has been abandoned, shall be removed. The applicant shall notify the Commission of its intent to abandon an on-site wind facility by certified mail no less than 30 days prior to abandonment or decommissioning. If the owner fails to give such notice, the on-site wind facility shall be considered abandoned upon discontinuation of operations for more than 12 months.

The owner shall physically remove the wind facility no more than 120 days after the date of abandonment.

Removal of the wind facility shall consist of physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site. Stabilization or re-vegetation of the site shall be required as necessary to minimize erosion.

If the owner fails to remove the on-site wind facility in accordance with this section within 120 days of abandonment or decommissioning, the Town shall have the authority to enter the property and physically remove the facility and charge the landowner for any costs incurred.

Other.

To determine the wind potential of a site, wind monitoring or meteorological towers shall be permitted as temporary structures for one year in proposed locations provided that Town staff determines the equipment will not create a nuisance or hazard or excessively compromise the character of the area.

To evaluate the proposed site for a wind facility, the Commission may require balloon tests, photo simulations, and other studies in connection with any application.

The Commission may retain a technical expert in accordance with § 315-121B of these regulations.

The applicant shall coordinate with emergency services personnel in developing an emergency response plan.

In granting a special permit for an on-site wind energy facility, the Commission shall have the power to impose such additional standards and requirements as it deems necessary to carry out the purposes of these regulations.

§ 315-64 Keeping of chickens.

[Amended 11-5-2015]

Statement of purpose. It is the intent of this section to allow for the keeping of domestic chickens in residential areas for the sole use and enjoyment of the residents of the lot on which such animals are kept and not for commercial purposes. It is also the intent of this section to protect and promote the health, safety, and welfare of residents by limiting the number of hens that can be kept in order to protect the quality of life of the surrounding neighborhoods.

Locations allowed. The keeping of hens is allowed as an accessory use on any lot which is at least 1/4 acre (10,890 square feet) in size in single ownership, located in a residential zone, and which contains a detached single-family home.

Number and type of chickens allowed. Up to six hens of any breed may be kept on residentially zoned properties of at least 1/4 acre in size. Five additional hens may be kept on properties every 1/4 acre after the first up to five acres in size (i.e., properties 1/2 acre in size could have up to 11 hens). Roosters are prohibited on properties less than five acres.

Limitations. The keeping of chickens shall be for personal or household use only and the owner of the chickens must be a resident of the dwelling situated on the lot where they are kept. The chickens shall be kept to the owner's property at all times and shall not be permitted to roam onto adjacent properties. A building is required for housing the chickens (i.e., chicken coop, including chicken tractors or henhouse). Audible predator alarms are prohibited on properties less than five acres.

Buildings housing chickens and fenced enclosures. Any building used for housing chickens and fenced enclosures associated with the building shall be located in the side or rear yard at least 75 feet from the street line, 25 feet from side and rear property lines, and at least 50 feet from any residential dwelling on adjoining property under separate ownership.

Applicable authorities. All chickens shall be kept in a manner that conforms to all applicable regulations of the Public Health Code, the Department of Energy and Environmental Protection (DEEP), Connecticut Department of Agriculture, and Connecticut General Statutes.

Suffield City Zoning Code

ARTICLE V

Special Regulations

§ 315-41 General provisions.

§ 315-42 Active-adult housing development.

Procedure.

Minimum lot size: 10 acres.

Maximum density: five dwelling units per developable acre not to exceed 50 dwelling units total per development unless in a PDA Zone where seven units per developable acre are permitted.

Minimum building setback from existing public streets: 100 feet.

Minimum building setback from property boundary: 50 feet unless adjacent to an existing PDA Zone in which case 20 feet side and 40 feet rear yards.

Maximum lot coverage: 30%.

Maximum building height: 2 1/2 stories, 30 feet.

Distance between structures: 20 feet minimum.

Minimum building setback from proposed roads in development: 20 feet where no sidewalks are placed adjacent to roads and 30 feet where sidewalks are provided.

Minimum setback of parking areas.

Side and rear: 25 feet.

Front: 50 feet.

[Amended 11-19-2004]

Open space identified in the Plan of Conservation and Development;

Open space that is contiguous to existing open space areas or in areas of the site with the highest probability of connection with future open space;

Pedestrian access between properties and perimeter design concept to facilitate networking of pedestrian trails;

Scenic view easements or preservation of vistas as seen from public roads;

Streets to be laid out in a curvilinear fashion;

Preservation of historic sites and their environs;

Buffer areas to minimize conflict between existing residential uses;

No-cut or limited-clearing areas on lots;

Covenants or easements to ensure existing fields will be mowed or plowed;

Fencing;

Agricultural buffers;

Screening fences or walls, including landscaped berm along property lines; and

Active recreational amenities such as tennis courts, swimming pools, community rooms, etc.

Occupancy restrictions. The following occupancy restrictions shall be incorporated into the bylaws of the common interest ownership community:

The occupancy of any dwelling unit shall be limited to not more than three persons, one of whom shall be 55 years of age or older.

The spouse who survives his or her qualified spouse may continue to reside in such unit, notwithstanding that there may no longer be an occupant who is 55 years or older.

No persons under the age of 18 years shall be allowed to reside in any unit, except for a paid caregiver.

An owner or family-related member of a dwelling unit must reside in his or her unit for a minimum of one year.

Living unit types and sizes.

Single-family detached dwelling units and attached units of no more than three units per structure shall be allowed.

The minimum living areas of residential units shall be as follows:

One-bedroom unit: 1,000 square feet.

Two-bedroom unit: 1,250 square feet.

Other design requirements.

Outdoor lighting. The lighting provisions of § 315-19 of these regulations shall be applicable to active-adult housing.

Solid waste disposal. Solid waste stations (dumpsters) shall be placed on a concrete pad, appropriately screened, maintained, and shown on the approved site plan.

Sidewalks. Sidewalks shall be required to provide sufficient and safe pedestrian circulation both within the site and to abutting properties.

§ 315-43 Adult-oriented establishment.

The Commission, as a special use after public hearing, may permit the establishment of an adult-oriented use in the Industrial (I) Zone as follows:

The proposed use will not be detrimental to nearby property values, and the spirit and intent of this regulation will be observed.

The establishment of an additional use of this type in the area proposed will not be contrary to any residential or nonresidential programs of neighborhood conservation or improvement.

The proposed use will not cause additional crime in the area.

§ 315-44 Affordable housing.

The Commission may grant a special permit after public hearing to allow affordable housing as defined by CGS.

An applicant may petition for a change of zone from R-45 to R-25, or R-25 to R-15, R-11, or PDA as provided in these regulations and in accordance with the following standards:

A parcel shall be a minimum of 10 developable acres.

The land proposed for use shall be of such character that it can accommodate higher density use.

Public water supply shall be available to service the property in question.

Public sewers shall be available to service the property in question.

The existing streets in the area shall be adequate for proper circulation and increased traffic generated by more intensive development.

Existing drainage facilities must be adequate to accommodate an intensification of land use.

Soils must be of such type to accommodate an intensification of land use.

A PDA development may be allowed an additional density bonus of 40%, provided that 50% of the additional units are offered as affordable housing.

A sketch plan shall be submitted to illustrate the number of housing units possible on a property under its present zoning classification.

In order to absorb the impact on the Town's infrastructure and its ability to provide services, consideration for zone changes will be limited to a total of 50 bonus units (25 affordable) per year.

The commission may consider relaxation of the 15% limitation for multifamily housing as part of the Town's housing stock when 25% or more of the proposed units in a project are affordable.

Ongoing administration of affordable housing units established under these regulations shall be in accordance with CGS Sec. 8-2g(b).

§ 315-45 Alcoholic beverages.

Will be subordinate and incidental to the principal use of the premises as a restaurant where hot meals are served by employees to patrons at tables or as a hotel;

Will not conflict with the general purpose of these regulations as they relate to the area;

Will not adversely affect the health, safety, or morals of persons attending any nearby college, school, place of worship, library, park or playground or residing in any nearby residential zone; and

Will not hinder the appropriate development and use of adjacent property.

Editor's Note: See Connecticut General Statutes § 30-1 et seq.

In a residential zoning district, the Commission may grant a special permit for a:

Club under a club permit.

Public golf course location under a restaurant beer permit.

School/education center under a restaurant permit.

In an industrial zoning district, the Commission may grant a special permit for:

The bottling and wholesale sale and storage of alcoholic liquors without limitation of distance from any liquor outlet, under the following permits:

Warehouse bottling permit.

Warehouse storage permit.

Wholesalers permit.

The retail sale of beer and wine for consumption on the premises under a restaurant permit.

For consumption on the premises under a hotel permit, restaurant permit, cafe permit or club permit.

Temporary permits of nonprofit organizations shall be subject only to State Liquor Control Commission requirements.

§ 315-46 Antique shops.

The use shall be limited to properties on arterial roads, e.g., those with at least 5,000 vehicle trips per day.

The use shall be clearly incidental and secondary to the use of such dwelling unit and lot for residential purposes, and shall not change the residential character of the dwelling unit and lot.

Only the resident homeowner may apply for and run the antique shop, except that two nonresident employees may also be employed.

No more than 50% of the single-family dwelling unit shall be used for the antique shop, or a minimum of 400 square feet for an accessory building shall be used.

The use shall be carried on entirely within the single-family dwelling unit or within a completely enclosed accessory building permitted on the same lot as the dwelling unit.

No display or storage of antiques on the premises outside of the dwelling unit or the permitted accessory building in which it is located is permitted.

Any auction shall be limited to the residents' inventory, shall require a temporary special permit, and shall not be permitted more than once during any calendar year.

§ 315-47 Assisted living and personal care facilities; convalescent and nursing homes.

[Amended 1-4-2019]

[Amended 4-3-2010]

Area and yard requirements.

[Amended 4-3-2010]

Maximum density: five units per acre in residential and commercial zones; one unit per 2,000 square feet in a Town Center Village District Zone not to exceed 30 units.

Maximum lot coverage: 35% in residential zones, 40% in commercial zones, and 75% in the Town Center Village District.

Maximum building height: three stories or 40 feet in height.

Minimum open space: sufficient to meet the needs of residents, including at least 1,000 square feet per dwelling unit, and the construction of walking paths in residential and commercial zones only.

Other requirements.

The property shall be in the sewer service area and served by public water and sewers.

[Amended 4-3-2010]

All units shall have minimum floor areas as follows: efficiency: 400 square feet; one-bedroom: 500 square feet; two-bedroom: 650 square feet.

Each unit shall have an emergency call/intercom system connected to a central station, on site, staffed 24 hours per day when such determination is made by the Commission.

In the event that there is a conflict between this section and the provisions of § 315-32, the provisions of this section shall control.

[Amended 4-3-2010]

§ 315-48 Back (or rear) lot.

The front yard of the back lot shall be measured from the rear lot line of the front lot or as determined by the Commission.

Driveways longer than 250 feet in length shall meet the standards specific in § 315-14 of these regulations.

The Commission may permit up to two back lots on a parcel of land in existence as of June 15, 1954.

§ 315-49 Bed-and-breakfast facility.

[Amended 11-19-2004; 1-4-2019]

A bed-and-breakfast shall:

Be located on a parcel of land which conforms to the minimum lot size requirement for the zoning district in which the property is located.

Have all appropriate state and local approvals.

Have appropriate water supply and sewer facilities to meet Health Code requirements or be connected to public facilities.

Not be located on a dead-end street more than 1,200 feet from the beginning of such dead-end street.

Contain not more than four guest rooms on a property of one acre or less and up to six guest rooms for a property in excess of one acre.

Provide meals for only overnight guests.

Not contain cooking facilities in any guest rooms.

Not have a guest for a period in excess of 14 consecutive days.

The maximum number to be permitted in Suffield shall be 10.

Off-street parking shall:

Consist of one space per guest room in addition to two spaces for the dwelling.

Not be located between the street and building line for bed-and-breakfast guests.

Be screened from the street and abutting residential properties by Type "C" screening.

Have lighting adequate for public safety and security without creating a nuisance to abutters.

Have an all-weather surface.

§ 315-50 Conversion of single-family dwelling to two-family dwelling.

The Commission may grant a special permit to allow the conversion of a single-family dwelling to a two-family dwelling in the R-90, R-45, and R-25 Zones as follows:

Only homes constructed prior to 1940 shall be eligible for conversion.

There shall be double the lot area required by the underlying zone.

The minimum floor area of each dwelling unit shall be 525 square feet. For each bedroom an additional 150 square feet shall be added to the minimum.

No structural alteration made to the exterior of the building shall detract from its single-family characteristics.

Permits shall be issued to the property owner.

§ 315-51 Earth removal.

General requirements.

The Commission may grant a special permit for the renewal of existing earth removal or sand and gravel operations only, under the following conditions:

The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed together with finished grades at the conclusion of the operation.

No stone crusher or other machinery not required for actual removal of the material shall be used.

In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed.

Such permits shall be issued for a period not exceeding two years.

§ 315-52 Flood damage prevention.

[Amended 9-19-2008]

Statutory authorization and purpose.

To protect human life and health;

To minimize expenditure of public money for costly flood-control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

AREA OF SPECIAL FLOOD HAZARD

To ensure that those who occupy the areas of special flood hazard assume responsibility for their action.

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING

See definition for "structure" (Town's definition).

COST

DEVELOPMENT

ELEVATED BUILDING

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency that administers the National Flood Insurance Program (NFIP).

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided by the Federal Emergency Management Agency (FEMA) that includes flood profiles and the water surface elevation of the base flood.

FLOOD or FLOODING

FLOODWAY

FLOOR

FUNCTIONALLY DEPENDENT FACILITY

HIGHEST ADJACENT GRADE (HAG)

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

MANUFACTURED HOME PARK OR SUBDIVISION

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement).

MANUFACTURED HOME

A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

Market value of the structure shall be determined by the appraised value (total value minus land value) listed on the Assessor's online database.

MEAN SEA LEVEL (MSL)

NEW CONSTRUCTION

Structure for which the start of construction commenced on or after the effective date of this regulation. (Effective date: September 19, 2008.)

NEW MANUFACTURED HOME PARK OR SUBDIVISION

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towed by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

STRUCTURE

A walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank.

SUBSTANTIAL DAMAGE

SUBSTANTIAL IMPROVEMENT

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

VARIANCE

VIOLATION

WATER SURFACE ELEVATION

General provisions.

Lands to which this regulation applies. This regulation shall apply to all areas of special flood hazard within the jurisdiction of Suffield, Connecticut.

[Amended 1-4-2019]

Interpretation. In the interpretation and application of this regulation, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Adoption date of regulation. The adoption date of this regulation is September 19, 2008.

Administration.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a Connecticut registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Duties and responsibilities of the Town Engineer shall include, but not be limited to:

Permit review.

Review all floodplain development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Information to be obtained and maintained.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

For all new or substantially improved floodproofed structures:

Verify and record the actual elevation (in relation to mean sea level); and

Maintain the floodproofing certifications required in Subsection D.

Maintain for public inspection all records pertaining to the provisions of this regulation.

Alteration of watercourse.

Require that maintenance is provided within the altered or relocation portion of said watercourse so that the flood-carrying capacity is not diminished.

Provisions for flood hazard reduction.

General standards. In all areas of special flood hazard the following standards are required:

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

All new construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 25 lots or five acres (whichever is less).

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the level of the base flood elevation.

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passing of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

If the above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection E, Provisions for flood hazard reduction.

Structures or portions of structures in flood zones.

Manufactured (mobile) homes and recreational vehicles (RVs).

[Amended 1-4-2019]

Variance procedures.

Specific situation variances.

Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Considerations for granting of variances.

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;

[6]

The availability of alternative locations not subject to flooding or erosion damage for the proposed use;

[7]

The compatibility of the proposed use with existing and anticipated development;

[8]

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles;

[10]

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[11]

Conditions for variances.

Issuance.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship; and

Enforcement and penalties for violation.

Penalties shall be as indicated under § 315-119.

§ 315-53 Greenhouse operations (commercial).

The Commission may grant a special permit to allow commercial greenhouse operations in accordance with due consideration of the following criteria and standards:

Criteria.

Conservation of property values.

Negligible impact of traffic in the immediate neighborhood.

Limitations necessary to protect the immediate and adjacent neighborhoods.

General welfare of the Town and consistency with the objectives and principles of the Plan of Conservation and Development.

Standards. The Commission may permit lot coverage by buildings of up to 50% if it makes additional findings that the plan of the proposed facility as approved will:

Be exclusively for the growing and harvesting of horticultural products;

Maintain at least 85% of the land beneath the greenhouse structure with no impervious permanent covering;

Collect and recycle all roof drainage for distribution within the greenhouse for all rainfall events;

Not cause an increase in peak stormwater runoff off site;

Not permit water withdrawal from private wells which would adversely affect adjacent wells;

Use only USDA approved pesticides, herbicides, or other chemical treatments;

Not cause any interior or exterior lighting to shine in a manner which would interfere with the enjoyment of surrounding properties between 7:00 p.m. and 5:00 a.m.;

Not cause sunlight to be reflected in any concentrated manner which would interfere with the enjoyment of surrounding properties;

Provide transparent or translucent greenhouse walls and roofs;

Provide at least 100 feet of distance from all developable property lines to any building, greenhouse or loading or unloading areas;

Provide Type "C" screening of all parking and loading areas and any visible utilities; and

Provide Type "B" screening of all buildings so that the greenhouse use will not hinder or discourage the appropriate development and use of adjacent properties.

§ 315-54 Horses for commercial purposes.

The premises shall be not less than 10 acres in area and shall be in a predominantly rural area and existing buildings shall be so located as to create no adverse effect on neighboring properties.

The use may be conducted only by the resident of the premises as an accessory use.

§ 315-55 Landfill regulations.

A properly certified key map of the general area at a scale of one inch equals 200 feet showing:

Boundary and owner of record of the premises in question;

Boundaries and owners of record of all adjacent properties;

Topography and contours of the premises and all land within 500 feet of the premises, with the contour interval at two feet;

Existing land use(s) on the premises and within 500 feet of the premises;

All public and private roads which provide access to the premises;

All natural watercourses, wetlands, and drainage areas on the premises and within 500 feet of same;

All existing utilities and easements on the premises.

A site plan map, in triplicate, prepared and certified by a professional engineer, at a scale not smaller than one inch equals 100 feet showing:

A-2 boundary survey;

All information shown on the key map as it relates to the premises;

Proposed contours and finished grades at the completion of the filling operation, contours as in key map;

Acres of active operation and stockpiling, differentiating between removed topsoil stockpiling and other materials;

Means of vehicular access to the premises;

Location of any proposed buildings and structures and fixed equipment and machinery;

Such additional information so as to clearly indicate complete compliance with the required standards and operations set forth herein.

Approval of the Connecticut Department of Environmental Protection including the following items:

Quantity and quality of cover materials for various purposes;

Control of surface waters and groundwaters;

Prevention of water pollution;

Depth of landfill;

Compaction and timing of placement of cover material;

Qualifications of the operator and employees.

Erosion and sedimentation control plan according to CT DEP 2002 guidelines as amended.

Suitable buffer strips to screen operations from adjoining properties or public streets.

Operating standards:

Operating hours shall be restricted to weekdays (Monday through Saturday) between the hours of 7:00 a.m. and 8:00 p.m., except as may otherwise be permitted by the Commission.

All equipment and machinery shall be maintained in good repair and operated in such manner as to minimize noise, vibration, smoke, dust, unsightly conditions and any other nuisance.

Access to the site for disposal operations shall be limited to those hours when an attendant is on duty and only to those authorized to use the site for disposal of refuse.

Hours of operation and other limitations on access are to be displayed prominently at the entrance gate.

The entrance to the site is to have a fence at least six feet in height with gates that can be locked.

Telephone or radio communications are to be provided at the site.

Upon completion of a landfill it shall be covered with topsoil and seeded. The owner and operator shall be responsible to see that adequate growth of seeded areas occurs.

The working fill areas shall be limited to 10 acres at a time.

Operations shall be in conformance with state and municipal regulations.

Following approval by the Commission, a Mylar transparency and four paper prints of the site plan noted in Subsection B are to be submitted to the Commission for record.

The Commission may modify the items in the site plan under local jurisdiction or it may require additional information for clarification.

§ 315-56 Motor vehicle sales, service and washing.

The Commission may grant a special permit to allow the following uses in the I Zone subject to site plan approval as follows:

Car wash as a principal use.

Vehicular circulation shall be controlled for safe entrance and exit and all vehicles awaiting service or being served shall be parked or stacked behind the building line.

Landscape strips shall contain Type "C" screening.

All operations, except final hand polishing, shall be confined within the building.

Motor vehicle sales and service as a principle use. Vehicle display and service shall take place at least 50 feet set back from front property line.

§ 315-57 Outdoor cafe service requirements.

The Commission may grant a special permit that permits outdoor cafe service as an accessory use to a restaurant as follows:

No more than 25 outdoor seats shall be permitted.

Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. unless waived or further limited by the Commission.

No outdoor window service is permitted.

No outside audio system is permitted.

No signage on umbrellas, chairs, trash receptacles, etc., is permitted.

All evidence (tables, umbrellas, chairs, trash receptacles, etc.) shall be removed between October 31 and April 1.

The parking regulations of Article VII of these regulations shall apply to both indoor and outdoor seating.

§ 315-58 Two-family dwelling.

The Commission may grant a special permit to allow the construction of a new two-family dwelling in the R-90, R-45, and R-25 Zones subject to reasonable safeguards and the following requirements:

At least one dwelling unit shall qualify as affordable housing as defined in Article II of these regulations.

The minimum lot area shall be 45,000 square feet, or 90,000 square feet in an R-90 Zone.

Not more than two individual dwelling units shall result.

The minimum floor area for the entire building shall be no less than 2,000 square feet.

The minimum floor area of each dwelling unit shall be not less than 1,000 square feet.

Except as specified in this section, all other requirements that are applicable to the zoning district in which the two-family dwelling is to be constructed shall apply.

§ 315-59 Wireless telecommunication regulations.

Statement of purpose.

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

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

Site facilities below visually prominent ridge lines;

Minimize the location of facilities in visually sensitive areas;

Encourage creative design measures to camouflage facilities;

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

WIRELESS TELECOMMUNICATION SERVICES

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

Definitions. For the purpose of applying the provisions of this section the terms below shall be defined as follows:

ANTENNA

A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to, whip antennas, panel antennas, and dish antennas.

CO-LOCATION

Locating wireless communication facilities from more than one provider on a single site.

HEIGHT OF TOWER

TOWER

A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include: self-supporting lattice, guyed, and monopole.

WIRELESS TELECOMMUNICATION SITE

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

On existing or approved towers.

On new towers less than 75 feet in height located in commercial or industrial zones.

On new towers less than 75 feet in height located in residential zones.

On new towers 75 feet or greater in height located in commercial and industrial zones.

On new towers 75 feet or greater in height located in residential zones.

Permitted uses. The following uses which generally pose minimum adverse visual effect subject to the standards in Subsection H.

No changes are made to the height of such structure.

No panel antenna shall exceed 72 inches in height and 24 inches in width.

No dish antenna shall exceed 39 inches in diameter.

All accompanying equipment buildings or boxes shall be screened and fenced as approved by the Commission as part of the site plan review.

In all zoning districts, wireless telecommunication sites not otherwise permitted in Subsection D.

Permitted use.

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

Details of all proposed antenna and mounting equipment, including size and color.

Elevations of all proposed shielding and details of materials, including color.

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

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

(i)

A report or letter from the Federal Aviation Administration that the proposed tower complies with all airport safety requirements for Bradley International Airport.

(j)

A map depicting the extent of the provider's planned coverage within the Town of Suffield existing service area and the service area of the proposed wireless telecommunication site.

(k)

A map indicating the search radius for the proposed wireless telecommunication site.

Special permit.

All of the plans and information required for permitted uses in Subsection F(1).

For towers located in or within 1,000 feet of any residential zoning district, the applicant shall provide a viewshed analysis showing all areas from which the tower would be visible.

Height and area requirements.

Setbacks.

All freestanding monopole towers shall comply with the following minimum property line setbacks:

Front yard or side yard along a street. A distance equal to 3/4 the height of the tower or the setback required for the underlying zone, whichever is greater.

Side or rear yards.

In residential zoning districts, 50 feet for towers less than 75 feet in height and 100 feet for towers equal to or greater than 75 feet.

In residential districts, all other freestanding towers shall be located a minimum distance from any property line equal to 125% of the proposed tower height.

[d]

All equipment buildings/boxes or equipment areas each 50 square feet or greater in area shall comply with the minimum property line setbacks for a principal building in the underlying zone.

All equipment buildings/boxes or equipment areas each less than 50 square feet in area shall comply with the following minimum property line setbacks:

Front yard or side yard along a street: same as for a principal building in the underlying zone.

Rear and side yards: 20 feet.

General requirements.

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

No tower exceeding 75 feet in height shall be located within 1,000 feet of the boundary of an approved historic district.

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

Towers not requiring special FAA painting or markings shall be painted a noncontrasting blue, gray, or black.

Towers may not be used to exhibit any sign or other advertising.

All towers shall be monopole design unless otherwise approved by the Commission. A monopole tower shall be designed to collapse upon itself.

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 building.

[Amended 1-4-2019]

Dish antennas shall not exceed six feet in diameter. Panel antennas shall not exceed six feet in height.

No proposed wireless telecommunication site shall be designed, located, or operated as to interfere with existing or proposed public safety communications.

All applications for wireless telecommunication sites within the flood protection zone shall comply with the standards found in § 315-52 of these regulations.

(14)

The design of all wireless telecommunication sites shall comply with the standards promulgated by the FCC for non-ionizing electromagnetic emissions.

(15)

All utilities proposed to serve a wireless telecommunication site shall be installed underground unless otherwise approved by the Commission.

(16)

All generators installed in conjunction with any wireless telecommunication site shall comply with all state and local noise regulations.

Any restriction or limitation imposed by the FCC.

§ 315-60 Permanent farm stand.

[Amended 11-17-2008]

The Commission may grant a special permit to allow a permanent farm stand in the FP, R-90, R-45 and R-25 Zones as follows.

The farm stand building location must comply with § 315-39, requirements for principal buildings.

The stand shall be located on the premises of and accessory to an active farm with a minimum of five acres.

Outdoor display, sales or storage of goods or materials must comply with § 315-22.

All signs must comply with Article IX.

The Commission may limit the size and scope of a farm stand in relation to the size of the farm based on acreage and production.

The stand shall be operated by the farm owner or the lease holder.

No sales shall be made before 7:00 a.m. or after 8:00 p.m. on any day.

The stand must meet all state and local codes and health requirements.

§ 315-61 Wineries.

[Amended 11-17-2008]

The Commission may grant a special permit to allow wineries in the FP, R-90, R-45 and R-25 Zones as follows:

The winery building location must comply with § 315-39, requirements for principal buildings.

The winery shall be located on the premises of and accessory to an active farm with a minimum of five acres.

Outdoor display, sales or storage of goods or materials must comply with § 315-22.

All signs must comply with Article IX.

The Commission may limit the size and scope of a winery in relation to the size of the farm based on acreage and production.

The winery shall be operated by the farm owner or the lease holder.

The winery must meet all state and local codes and health requirements.

[Amended 1-4-2019]

§ 315-62 Adaptive reuse.

[Amended 6-4-2010]

Criteria.

Substantial benefit to the Town.

Compatibility with the surrounding area.

Substantial inability to develop the property in conformance with its current zoning.

Special permit use. Multifamily use provided that the Commission finds that the above criteria are met.

Procedure; site plan/special permit review.

All buildings shall be connected to public water and public sanitary sewer systems or to private systems that meet the minimum requirements of the Town and State Departments of Health.

§ 315-63 Small wind energy producing facilities.

[Amended 12-14-2011]

The Commission may grant a special permit for the installation of a small wind energy producing facility in the FP, I, PDIP, PDA, R-90, R-45, and R-25 Zones as follows:

ON-SITE WIND ENERGY FACILITY

Definitions. As used in this section, the following terms shall have the meanings indicated:

A wind facility located at a residential, commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the facility.

TURBINE FACILITY HEIGHT

The height above grade of the fixed portion of the tower, plus any blade that extends above the tower at any point in its arc is defined as the turbine height.

WIND TURBINE

General requirements.

On-site wind energy facilities shall be secondary to the principal use of the premises.

The applicant shall comply with all applicable Federal Aviation Administration (FAA) requirements, or any other Town, state, or federal codes, standards, or requirements.

If the Commission determines that a proposed facility will result in significant negative impacts, it shall not be approved.

Specific standards.

On residentially zoned properties, a wind turbine's nameplate rated capacity shall not exceed 10 kW.

Wind facility shall be no higher than 120 feet in height provided that in all cases the facility complies with all FAA requirements.

The Commission may reduce the minimum fall zone, as appropriate, based upon site specific considerations.

All utilities serving the facility shall be underground.

Structural standards.

Unless otherwise approved by the Commission, all towers proposed under this section shall be monopole.

Unless required by the FAA, no lights shall be permitted on any facility above 15 feet of the surrounding grade.

Unless required by the FAA, the color of the on-site wind energy facility shall be a neutral, nonreflective exterior color that blends with the surrounding environment.

Signage.

Signs on the wind facility shall be limited to:

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger.

Those required by state or federal law.

Educational signs providing information about the facility and the benefits of renewable energy.

Wind turbines shall not be used for displaying any advertising, except for reasonable identification of the manufacturer.

Abandonment or decommissioning.

The owner shall physically remove the wind facility no more than 120 days after the date of abandonment.

Other.

To evaluate the proposed site for a wind facility, the Commission may require balloon tests, photo simulations, and other studies in connection with any application.

The Commission may retain a technical expert in accordance with § 315-121B of these regulations.

The applicant shall coordinate with emergency services personnel in developing an emergency response plan.

§ 315-64 Keeping of chickens.

[Amended 11-5-2015]

Suffield City Zoning Code

ARTICLE V

Special Regulations

§ 315-41 General provisions.

§ 315-42 Active-adult housing development.

Procedure.

Minimum lot size: 10 acres.

Maximum density: five dwelling units per developable acre not to exceed 50 dwelling units total per development unless in a PDA Zone where seven units per developable acre are permitted.

Minimum building setback from existing public streets: 100 feet.

Minimum building setback from property boundary: 50 feet unless adjacent to an existing PDA Zone in which case 20 feet side and 40 feet rear yards.

Maximum lot coverage: 30%.

Maximum building height: 2 1/2 stories, 30 feet.

Distance between structures: 20 feet minimum.

Minimum building setback from proposed roads in development: 20 feet where no sidewalks are placed adjacent to roads and 30 feet where sidewalks are provided.

Minimum setback of parking areas.

Side and rear: 25 feet.

Front: 50 feet.

[Amended 11-19-2004]

Open space identified in the Plan of Conservation and Development;

Open space that is contiguous to existing open space areas or in areas of the site with the highest probability of connection with future open space;

Pedestrian access between properties and perimeter design concept to facilitate networking of pedestrian trails;

Scenic view easements or preservation of vistas as seen from public roads;

Streets to be laid out in a curvilinear fashion;

Preservation of historic sites and their environs;

Buffer areas to minimize conflict between existing residential uses;

No-cut or limited-clearing areas on lots;

Covenants or easements to ensure existing fields will be mowed or plowed;

Fencing;

Agricultural buffers;

Screening fences or walls, including landscaped berm along property lines; and

Active recreational amenities such as tennis courts, swimming pools, community rooms, etc.

Occupancy restrictions. The following occupancy restrictions shall be incorporated into the bylaws of the common interest ownership community:

The occupancy of any dwelling unit shall be limited to not more than three persons, one of whom shall be 55 years of age or older.

The spouse who survives his or her qualified spouse may continue to reside in such unit, notwithstanding that there may no longer be an occupant who is 55 years or older.

No persons under the age of 18 years shall be allowed to reside in any unit, except for a paid caregiver.

An owner or family-related member of a dwelling unit must reside in his or her unit for a minimum of one year.

Living unit types and sizes.

Single-family detached dwelling units and attached units of no more than three units per structure shall be allowed.

The minimum living areas of residential units shall be as follows:

One-bedroom unit: 1,000 square feet.

Two-bedroom unit: 1,250 square feet.

Other design requirements.

Outdoor lighting. The lighting provisions of § 315-19 of these regulations shall be applicable to active-adult housing.

Solid waste disposal. Solid waste stations (dumpsters) shall be placed on a concrete pad, appropriately screened, maintained, and shown on the approved site plan.

Sidewalks. Sidewalks shall be required to provide sufficient and safe pedestrian circulation both within the site and to abutting properties.

§ 315-43 Adult-oriented establishment.

The Commission, as a special use after public hearing, may permit the establishment of an adult-oriented use in the Industrial (I) Zone as follows:

The proposed use will not be detrimental to nearby property values, and the spirit and intent of this regulation will be observed.

The establishment of an additional use of this type in the area proposed will not be contrary to any residential or nonresidential programs of neighborhood conservation or improvement.

The proposed use will not cause additional crime in the area.

§ 315-44 Affordable housing.

The Commission may grant a special permit after public hearing to allow affordable housing as defined by CGS.

An applicant may petition for a change of zone from R-45 to R-25, or R-25 to R-15, R-11, or PDA as provided in these regulations and in accordance with the following standards:

A parcel shall be a minimum of 10 developable acres.

The land proposed for use shall be of such character that it can accommodate higher density use.

Public water supply shall be available to service the property in question.

Public sewers shall be available to service the property in question.

The existing streets in the area shall be adequate for proper circulation and increased traffic generated by more intensive development.

Existing drainage facilities must be adequate to accommodate an intensification of land use.

Soils must be of such type to accommodate an intensification of land use.

A PDA development may be allowed an additional density bonus of 40%, provided that 50% of the additional units are offered as affordable housing.

A sketch plan shall be submitted to illustrate the number of housing units possible on a property under its present zoning classification.

In order to absorb the impact on the Town's infrastructure and its ability to provide services, consideration for zone changes will be limited to a total of 50 bonus units (25 affordable) per year.

The commission may consider relaxation of the 15% limitation for multifamily housing as part of the Town's housing stock when 25% or more of the proposed units in a project are affordable.

Ongoing administration of affordable housing units established under these regulations shall be in accordance with CGS Sec. 8-2g(b).

§ 315-45 Alcoholic beverages.

Will be subordinate and incidental to the principal use of the premises as a restaurant where hot meals are served by employees to patrons at tables or as a hotel;

Will not conflict with the general purpose of these regulations as they relate to the area;

Will not adversely affect the health, safety, or morals of persons attending any nearby college, school, place of worship, library, park or playground or residing in any nearby residential zone; and

Will not hinder the appropriate development and use of adjacent property.

Editor's Note: See Connecticut General Statutes § 30-1 et seq.

In a residential zoning district, the Commission may grant a special permit for a:

Club under a club permit.

Public golf course location under a restaurant beer permit.

School/education center under a restaurant permit.

In an industrial zoning district, the Commission may grant a special permit for:

The bottling and wholesale sale and storage of alcoholic liquors without limitation of distance from any liquor outlet, under the following permits:

Warehouse bottling permit.

Warehouse storage permit.

Wholesalers permit.

The retail sale of beer and wine for consumption on the premises under a restaurant permit.

For consumption on the premises under a hotel permit, restaurant permit, cafe permit or club permit.

Temporary permits of nonprofit organizations shall be subject only to State Liquor Control Commission requirements.

§ 315-46 Antique shops.

The use shall be limited to properties on arterial roads, e.g., those with at least 5,000 vehicle trips per day.

The use shall be clearly incidental and secondary to the use of such dwelling unit and lot for residential purposes, and shall not change the residential character of the dwelling unit and lot.

Only the resident homeowner may apply for and run the antique shop, except that two nonresident employees may also be employed.

No more than 50% of the single-family dwelling unit shall be used for the antique shop, or a minimum of 400 square feet for an accessory building shall be used.

The use shall be carried on entirely within the single-family dwelling unit or within a completely enclosed accessory building permitted on the same lot as the dwelling unit.

No display or storage of antiques on the premises outside of the dwelling unit or the permitted accessory building in which it is located is permitted.

Any auction shall be limited to the residents' inventory, shall require a temporary special permit, and shall not be permitted more than once during any calendar year.

§ 315-47 Assisted living and personal care facilities; convalescent and nursing homes.

[Amended 1-4-2019]

[Amended 4-3-2010]

Area and yard requirements.

[Amended 4-3-2010]

Maximum density: five units per acre in residential and commercial zones; one unit per 2,000 square feet in a Town Center Village District Zone not to exceed 30 units.

Maximum lot coverage: 35% in residential zones, 40% in commercial zones, and 75% in the Town Center Village District.

Maximum building height: three stories or 40 feet in height.

Minimum open space: sufficient to meet the needs of residents, including at least 1,000 square feet per dwelling unit, and the construction of walking paths in residential and commercial zones only.

Other requirements.

The property shall be in the sewer service area and served by public water and sewers.

[Amended 4-3-2010]

All units shall have minimum floor areas as follows: efficiency: 400 square feet; one-bedroom: 500 square feet; two-bedroom: 650 square feet.

Each unit shall have an emergency call/intercom system connected to a central station, on site, staffed 24 hours per day when such determination is made by the Commission.

In the event that there is a conflict between this section and the provisions of § 315-32, the provisions of this section shall control.

[Amended 4-3-2010]

§ 315-48 Back (or rear) lot.

The front yard of the back lot shall be measured from the rear lot line of the front lot or as determined by the Commission.

Driveways longer than 250 feet in length shall meet the standards specific in § 315-14 of these regulations.

The Commission may permit up to two back lots on a parcel of land in existence as of June 15, 1954.

§ 315-49 Bed-and-breakfast facility.

[Amended 11-19-2004; 1-4-2019]

A bed-and-breakfast shall:

Be located on a parcel of land which conforms to the minimum lot size requirement for the zoning district in which the property is located.

Have all appropriate state and local approvals.

Have appropriate water supply and sewer facilities to meet Health Code requirements or be connected to public facilities.

Not be located on a dead-end street more than 1,200 feet from the beginning of such dead-end street.

Contain not more than four guest rooms on a property of one acre or less and up to six guest rooms for a property in excess of one acre.

Provide meals for only overnight guests.

Not contain cooking facilities in any guest rooms.

Not have a guest for a period in excess of 14 consecutive days.

The maximum number to be permitted in Suffield shall be 10.

Off-street parking shall:

Consist of one space per guest room in addition to two spaces for the dwelling.

Not be located between the street and building line for bed-and-breakfast guests.

Be screened from the street and abutting residential properties by Type "C" screening.

Have lighting adequate for public safety and security without creating a nuisance to abutters.

Have an all-weather surface.

§ 315-50 Conversion of single-family dwelling to two-family dwelling.

The Commission may grant a special permit to allow the conversion of a single-family dwelling to a two-family dwelling in the R-90, R-45, and R-25 Zones as follows:

Only homes constructed prior to 1940 shall be eligible for conversion.

There shall be double the lot area required by the underlying zone.

The minimum floor area of each dwelling unit shall be 525 square feet. For each bedroom an additional 150 square feet shall be added to the minimum.

No structural alteration made to the exterior of the building shall detract from its single-family characteristics.

Permits shall be issued to the property owner.

§ 315-51 Earth removal.

General requirements.

The Commission may grant a special permit for the renewal of existing earth removal or sand and gravel operations only, under the following conditions:

The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed together with finished grades at the conclusion of the operation.

No stone crusher or other machinery not required for actual removal of the material shall be used.

In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed.

Such permits shall be issued for a period not exceeding two years.

§ 315-52 Flood damage prevention.

[Amended 9-19-2008]

Statutory authorization and purpose.

To protect human life and health;

To minimize expenditure of public money for costly flood-control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

AREA OF SPECIAL FLOOD HAZARD

To ensure that those who occupy the areas of special flood hazard assume responsibility for their action.

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING

See definition for "structure" (Town's definition).

COST

DEVELOPMENT

ELEVATED BUILDING

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency that administers the National Flood Insurance Program (NFIP).

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided by the Federal Emergency Management Agency (FEMA) that includes flood profiles and the water surface elevation of the base flood.

FLOOD or FLOODING

FLOODWAY

FLOOR

FUNCTIONALLY DEPENDENT FACILITY

HIGHEST ADJACENT GRADE (HAG)

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

MANUFACTURED HOME PARK OR SUBDIVISION

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement).

MANUFACTURED HOME

A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

Market value of the structure shall be determined by the appraised value (total value minus land value) listed on the Assessor's online database.

MEAN SEA LEVEL (MSL)

NEW CONSTRUCTION

Structure for which the start of construction commenced on or after the effective date of this regulation. (Effective date: September 19, 2008.)

NEW MANUFACTURED HOME PARK OR SUBDIVISION

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towed by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

STRUCTURE

A walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank.

SUBSTANTIAL DAMAGE

SUBSTANTIAL IMPROVEMENT

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

VARIANCE

VIOLATION

WATER SURFACE ELEVATION

General provisions.

Lands to which this regulation applies. This regulation shall apply to all areas of special flood hazard within the jurisdiction of Suffield, Connecticut.

[Amended 1-4-2019]

Interpretation. In the interpretation and application of this regulation, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Adoption date of regulation. The adoption date of this regulation is September 19, 2008.

Administration.

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a Connecticut registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Duties and responsibilities of the Town Engineer shall include, but not be limited to:

Permit review.

Review all floodplain development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Information to be obtained and maintained.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

For all new or substantially improved floodproofed structures:

Verify and record the actual elevation (in relation to mean sea level); and

Maintain the floodproofing certifications required in Subsection D.

Maintain for public inspection all records pertaining to the provisions of this regulation.

Alteration of watercourse.

Require that maintenance is provided within the altered or relocation portion of said watercourse so that the flood-carrying capacity is not diminished.

Provisions for flood hazard reduction.

General standards. In all areas of special flood hazard the following standards are required:

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

All new construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 25 lots or five acres (whichever is less).

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the level of the base flood elevation.

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passing of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

If the above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection E, Provisions for flood hazard reduction.

Structures or portions of structures in flood zones.

Manufactured (mobile) homes and recreational vehicles (RVs).

[Amended 1-4-2019]

Variance procedures.

Specific situation variances.

Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Considerations for granting of variances.

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, in the case of a functionally dependent facility;

[6]

The availability of alternative locations not subject to flooding or erosion damage for the proposed use;

[7]

The compatibility of the proposed use with existing and anticipated development;

[8]

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles;

[10]

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[11]

Conditions for variances.

Issuance.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship; and

Enforcement and penalties for violation.

Penalties shall be as indicated under § 315-119.

§ 315-53 Greenhouse operations (commercial).

The Commission may grant a special permit to allow commercial greenhouse operations in accordance with due consideration of the following criteria and standards:

Criteria.

Conservation of property values.

Negligible impact of traffic in the immediate neighborhood.

Limitations necessary to protect the immediate and adjacent neighborhoods.

General welfare of the Town and consistency with the objectives and principles of the Plan of Conservation and Development.

Standards. The Commission may permit lot coverage by buildings of up to 50% if it makes additional findings that the plan of the proposed facility as approved will:

Be exclusively for the growing and harvesting of horticultural products;

Maintain at least 85% of the land beneath the greenhouse structure with no impervious permanent covering;

Collect and recycle all roof drainage for distribution within the greenhouse for all rainfall events;

Not cause an increase in peak stormwater runoff off site;

Not permit water withdrawal from private wells which would adversely affect adjacent wells;

Use only USDA approved pesticides, herbicides, or other chemical treatments;

Not cause any interior or exterior lighting to shine in a manner which would interfere with the enjoyment of surrounding properties between 7:00 p.m. and 5:00 a.m.;

Not cause sunlight to be reflected in any concentrated manner which would interfere with the enjoyment of surrounding properties;

Provide transparent or translucent greenhouse walls and roofs;

Provide at least 100 feet of distance from all developable property lines to any building, greenhouse or loading or unloading areas;

Provide Type "C" screening of all parking and loading areas and any visible utilities; and

Provide Type "B" screening of all buildings so that the greenhouse use will not hinder or discourage the appropriate development and use of adjacent properties.

§ 315-54 Horses for commercial purposes.

The premises shall be not less than 10 acres in area and shall be in a predominantly rural area and existing buildings shall be so located as to create no adverse effect on neighboring properties.

The use may be conducted only by the resident of the premises as an accessory use.

§ 315-55 Landfill regulations.

A properly certified key map of the general area at a scale of one inch equals 200 feet showing:

Boundary and owner of record of the premises in question;

Boundaries and owners of record of all adjacent properties;

Topography and contours of the premises and all land within 500 feet of the premises, with the contour interval at two feet;

Existing land use(s) on the premises and within 500 feet of the premises;

All public and private roads which provide access to the premises;

All natural watercourses, wetlands, and drainage areas on the premises and within 500 feet of same;

All existing utilities and easements on the premises.

A site plan map, in triplicate, prepared and certified by a professional engineer, at a scale not smaller than one inch equals 100 feet showing:

A-2 boundary survey;

All information shown on the key map as it relates to the premises;

Proposed contours and finished grades at the completion of the filling operation, contours as in key map;

Acres of active operation and stockpiling, differentiating between removed topsoil stockpiling and other materials;

Means of vehicular access to the premises;

Location of any proposed buildings and structures and fixed equipment and machinery;

Such additional information so as to clearly indicate complete compliance with the required standards and operations set forth herein.

Approval of the Connecticut Department of Environmental Protection including the following items:

Quantity and quality of cover materials for various purposes;

Control of surface waters and groundwaters;

Prevention of water pollution;

Depth of landfill;

Compaction and timing of placement of cover material;

Qualifications of the operator and employees.

Erosion and sedimentation control plan according to CT DEP 2002 guidelines as amended.

Suitable buffer strips to screen operations from adjoining properties or public streets.

Operating standards:

Operating hours shall be restricted to weekdays (Monday through Saturday) between the hours of 7:00 a.m. and 8:00 p.m., except as may otherwise be permitted by the Commission.

All equipment and machinery shall be maintained in good repair and operated in such manner as to minimize noise, vibration, smoke, dust, unsightly conditions and any other nuisance.

Access to the site for disposal operations shall be limited to those hours when an attendant is on duty and only to those authorized to use the site for disposal of refuse.

Hours of operation and other limitations on access are to be displayed prominently at the entrance gate.

The entrance to the site is to have a fence at least six feet in height with gates that can be locked.

Telephone or radio communications are to be provided at the site.

Upon completion of a landfill it shall be covered with topsoil and seeded. The owner and operator shall be responsible to see that adequate growth of seeded areas occurs.

The working fill areas shall be limited to 10 acres at a time.

Operations shall be in conformance with state and municipal regulations.

Following approval by the Commission, a Mylar transparency and four paper prints of the site plan noted in Subsection B are to be submitted to the Commission for record.

The Commission may modify the items in the site plan under local jurisdiction or it may require additional information for clarification.

§ 315-56 Motor vehicle sales, service and washing.

The Commission may grant a special permit to allow the following uses in the I Zone subject to site plan approval as follows:

Car wash as a principal use.

Vehicular circulation shall be controlled for safe entrance and exit and all vehicles awaiting service or being served shall be parked or stacked behind the building line.

Landscape strips shall contain Type "C" screening.

All operations, except final hand polishing, shall be confined within the building.

Motor vehicle sales and service as a principle use. Vehicle display and service shall take place at least 50 feet set back from front property line.

§ 315-57 Outdoor cafe service requirements.

The Commission may grant a special permit that permits outdoor cafe service as an accessory use to a restaurant as follows:

No more than 25 outdoor seats shall be permitted.

Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. unless waived or further limited by the Commission.

No outdoor window service is permitted.

No outside audio system is permitted.

No signage on umbrellas, chairs, trash receptacles, etc., is permitted.

All evidence (tables, umbrellas, chairs, trash receptacles, etc.) shall be removed between October 31 and April 1.

The parking regulations of Article VII of these regulations shall apply to both indoor and outdoor seating.

§ 315-58 Two-family dwelling.

The Commission may grant a special permit to allow the construction of a new two-family dwelling in the R-90, R-45, and R-25 Zones subject to reasonable safeguards and the following requirements:

At least one dwelling unit shall qualify as affordable housing as defined in Article II of these regulations.

The minimum lot area shall be 45,000 square feet, or 90,000 square feet in an R-90 Zone.

Not more than two individual dwelling units shall result.

The minimum floor area for the entire building shall be no less than 2,000 square feet.

The minimum floor area of each dwelling unit shall be not less than 1,000 square feet.

Except as specified in this section, all other requirements that are applicable to the zoning district in which the two-family dwelling is to be constructed shall apply.

§ 315-59 Wireless telecommunication regulations.

Statement of purpose.

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

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

Site facilities below visually prominent ridge lines;

Minimize the location of facilities in visually sensitive areas;

Encourage creative design measures to camouflage facilities;

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

WIRELESS TELECOMMUNICATION SERVICES

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

Definitions. For the purpose of applying the provisions of this section the terms below shall be defined as follows:

ANTENNA

A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to, whip antennas, panel antennas, and dish antennas.

CO-LOCATION

Locating wireless communication facilities from more than one provider on a single site.

HEIGHT OF TOWER

TOWER

A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include: self-supporting lattice, guyed, and monopole.

WIRELESS TELECOMMUNICATION SITE

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

On existing or approved towers.

On new towers less than 75 feet in height located in commercial or industrial zones.

On new towers less than 75 feet in height located in residential zones.

On new towers 75 feet or greater in height located in commercial and industrial zones.

On new towers 75 feet or greater in height located in residential zones.

Permitted uses. The following uses which generally pose minimum adverse visual effect subject to the standards in Subsection H.

No changes are made to the height of such structure.

No panel antenna shall exceed 72 inches in height and 24 inches in width.

No dish antenna shall exceed 39 inches in diameter.

All accompanying equipment buildings or boxes shall be screened and fenced as approved by the Commission as part of the site plan review.

In all zoning districts, wireless telecommunication sites not otherwise permitted in Subsection D.

Permitted use.

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

Details of all proposed antenna and mounting equipment, including size and color.

Elevations of all proposed shielding and details of materials, including color.

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

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

(i)

A report or letter from the Federal Aviation Administration that the proposed tower complies with all airport safety requirements for Bradley International Airport.

(j)

A map depicting the extent of the provider's planned coverage within the Town of Suffield existing service area and the service area of the proposed wireless telecommunication site.

(k)

A map indicating the search radius for the proposed wireless telecommunication site.

Special permit.

All of the plans and information required for permitted uses in Subsection F(1).

For towers located in or within 1,000 feet of any residential zoning district, the applicant shall provide a viewshed analysis showing all areas from which the tower would be visible.

Height and area requirements.

Setbacks.

All freestanding monopole towers shall comply with the following minimum property line setbacks:

Front yard or side yard along a street. A distance equal to 3/4 the height of the tower or the setback required for the underlying zone, whichever is greater.

Side or rear yards.

In residential zoning districts, 50 feet for towers less than 75 feet in height and 100 feet for towers equal to or greater than 75 feet.

In residential districts, all other freestanding towers shall be located a minimum distance from any property line equal to 125% of the proposed tower height.

[d]

All equipment buildings/boxes or equipment areas each 50 square feet or greater in area shall comply with the minimum property line setbacks for a principal building in the underlying zone.

All equipment buildings/boxes or equipment areas each less than 50 square feet in area shall comply with the following minimum property line setbacks:

Front yard or side yard along a street: same as for a principal building in the underlying zone.

Rear and side yards: 20 feet.

General requirements.

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

No tower exceeding 75 feet in height shall be located within 1,000 feet of the boundary of an approved historic district.

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

Towers not requiring special FAA painting or markings shall be painted a noncontrasting blue, gray, or black.

Towers may not be used to exhibit any sign or other advertising.

All towers shall be monopole design unless otherwise approved by the Commission. A monopole tower shall be designed to collapse upon itself.

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 building.

[Amended 1-4-2019]

Dish antennas shall not exceed six feet in diameter. Panel antennas shall not exceed six feet in height.

No proposed wireless telecommunication site shall be designed, located, or operated as to interfere with existing or proposed public safety communications.

All applications for wireless telecommunication sites within the flood protection zone shall comply with the standards found in § 315-52 of these regulations.

(14)

The design of all wireless telecommunication sites shall comply with the standards promulgated by the FCC for non-ionizing electromagnetic emissions.

(15)

All utilities proposed to serve a wireless telecommunication site shall be installed underground unless otherwise approved by the Commission.

(16)

All generators installed in conjunction with any wireless telecommunication site shall comply with all state and local noise regulations.

Any restriction or limitation imposed by the FCC.

§ 315-60 Permanent farm stand.

[Amended 11-17-2008]

The Commission may grant a special permit to allow a permanent farm stand in the FP, R-90, R-45 and R-25 Zones as follows.

The farm stand building location must comply with § 315-39, requirements for principal buildings.

The stand shall be located on the premises of and accessory to an active farm with a minimum of five acres.

Outdoor display, sales or storage of goods or materials must comply with § 315-22.

All signs must comply with Article IX.

The Commission may limit the size and scope of a farm stand in relation to the size of the farm based on acreage and production.

The stand shall be operated by the farm owner or the lease holder.

No sales shall be made before 7:00 a.m. or after 8:00 p.m. on any day.

The stand must meet all state and local codes and health requirements.

§ 315-61 Wineries.

[Amended 11-17-2008]

The Commission may grant a special permit to allow wineries in the FP, R-90, R-45 and R-25 Zones as follows:

The winery building location must comply with § 315-39, requirements for principal buildings.

The winery shall be located on the premises of and accessory to an active farm with a minimum of five acres.

Outdoor display, sales or storage of goods or materials must comply with § 315-22.

All signs must comply with Article IX.

The Commission may limit the size and scope of a winery in relation to the size of the farm based on acreage and production.

The winery shall be operated by the farm owner or the lease holder.

The winery must meet all state and local codes and health requirements.

[Amended 1-4-2019]

§ 315-62 Adaptive reuse.

[Amended 6-4-2010]

Criteria.

Substantial benefit to the Town.

Compatibility with the surrounding area.

Substantial inability to develop the property in conformance with its current zoning.

Special permit use. Multifamily use provided that the Commission finds that the above criteria are met.

Procedure; site plan/special permit review.

All buildings shall be connected to public water and public sanitary sewer systems or to private systems that meet the minimum requirements of the Town and State Departments of Health.

§ 315-63 Small wind energy producing facilities.

[Amended 12-14-2011]

The Commission may grant a special permit for the installation of a small wind energy producing facility in the FP, I, PDIP, PDA, R-90, R-45, and R-25 Zones as follows:

ON-SITE WIND ENERGY FACILITY

Definitions. As used in this section, the following terms shall have the meanings indicated:

A wind facility located at a residential, commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the facility.

TURBINE FACILITY HEIGHT

The height above grade of the fixed portion of the tower, plus any blade that extends above the tower at any point in its arc is defined as the turbine height.

WIND TURBINE

General requirements.

On-site wind energy facilities shall be secondary to the principal use of the premises.

The applicant shall comply with all applicable Federal Aviation Administration (FAA) requirements, or any other Town, state, or federal codes, standards, or requirements.

If the Commission determines that a proposed facility will result in significant negative impacts, it shall not be approved.

Specific standards.

On residentially zoned properties, a wind turbine's nameplate rated capacity shall not exceed 10 kW.

Wind facility shall be no higher than 120 feet in height provided that in all cases the facility complies with all FAA requirements.

The Commission may reduce the minimum fall zone, as appropriate, based upon site specific considerations.

All utilities serving the facility shall be underground.

Structural standards.

Unless otherwise approved by the Commission, all towers proposed under this section shall be monopole.

Unless required by the FAA, no lights shall be permitted on any facility above 15 feet of the surrounding grade.

Unless required by the FAA, the color of the on-site wind energy facility shall be a neutral, nonreflective exterior color that blends with the surrounding environment.

Signage.

Signs on the wind facility shall be limited to:

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger.

Those required by state or federal law.

Educational signs providing information about the facility and the benefits of renewable energy.

Wind turbines shall not be used for displaying any advertising, except for reasonable identification of the manufacturer.

Abandonment or decommissioning.

The owner shall physically remove the wind facility no more than 120 days after the date of abandonment.

Other.

To evaluate the proposed site for a wind facility, the Commission may require balloon tests, photo simulations, and other studies in connection with any application.

The Commission may retain a technical expert in accordance with § 315-121B of these regulations.