Voluntown City Zoning Code
SECTION 10
SUPPLEMENTARY REGULATIONS AND SPECIAL EXCEPTION REGULATIONS.
10.1.
Prohibited Uses. The following uses are expressly prohibited within the Town of Voluntown:
A.
Manufacture of explosives.
B.
Commercial poultry or animal slaughtering.
C.
Commercial distillation of bones, rendering of fat or reduction of animal matter.
D.
Junk yard, motor vehicle junk yard, refuse disposal areas, other than the official Town refuse disposal facility.
E.
Industrial waste disposal or processing areas, including the disposal, or processing of hazardous waste or material.
F.
Any activity which produces unreasonable noise, odors, vibrations, fumes, electrical interference, or other noxious effects should be considered objectionable to the residents of the area.
10.2.
Accessory Dwelling Unit. To foster affordable housing alternatives in the Town of Voluntown, to increase residential densities in established neighborhoods, an accessory dwelling unit shall be permitted, through the issuance of a zoning permit as required by these Regulations, in all Zoning Districts in which one-family dwellings are also allowed as a Permitted Use, provided that:
A.
Only one accessory dwelling unit, which may be attached or within the principal structure on the property or may be within a new or existing secondary building, shall be permitted for each lot and no accessory dwelling unit shall be approved as part of a two-family dwelling or any multi-family use;
B.
The lot shall conform to the minimum lot width and area requirement for the zone in which the property is located or be legally nonconforming;
C.
The accessory dwelling unit shall:
1.
Be a minimum size as required by applicable building and public health codes but shall not exceed 1,200 square feet or 35% of the floor area of the single-family dwelling and the accessory dwelling unit, whichever is less;
2.
Be self-contained, with separate cooking, sanitary, and sleeping facilities for the exclusive use of the occupant(s);
3.
Both the accessory dwelling unit and the principal building/unit shall meet the requirements of the Building and Public Health Codes;
4.
Parking and access from the public right-of-way shall serve both the principal and accessory units, and shall not be distinguishable as separate facilities;
5.
No accessory dwelling unit shall be located in a basement unless an approved means of egress is provided;
6.
All other requirements of these Regulations, the Building Code, Public Health Code, and applicable law are met.
10.3.
Bed and Breakfast:
Bed and Breakfasts are permitted uses that may be conducted in any single-family residential dwelling by the owner-occupant, provided the following conditions are met:
1.
Meals: Breakfast is to be the only common meal provided.
2.
Number of Rooms: There must not be more than 6 guest rooms.
3.
Location of Guest Rooms: Guest rooms may be located in the principal building and/or up to one accessory building.
4.
Exterior Evidence: There is to be no exterior evidence of the activity other than a sign permitted and the required parking.
5.
Code Compliance: The building is to be in compliance with all applicable zoning, building, fire, electrical and plumbing codes.
6.
Length of Stay: No guest may be registered for more than 15 consecutive nights.
7.
Registration Records: The owner is to maintain a guest register and retain registration records for a minimum of three (3) years. The register and all records are to be made available for inspection by the zoning official or designee.
8.
Parking: All required parking must be accommodated on site.
10.3 | Beer and Brew Pubs. A beer and brew pub shall be a premises at which the Commission by Special Exception and Site Plan approval may allow some or all the following activities to take place: | |
A. | The manufacture, storage (anywhere in the state of Connecticut) and bottling of beer (as "beer" is defined by Conn. Gen. Stat. § 30-1 (5), as it may be amended); | |
B. | The retail sale of alcoholic liquor (as "alcoholic liquor" is defined by Conn. Gen. Stat. § 30-1(3), as it may be amended) to be consumed on the premises with or without the sale of food; | |
C. | The selling at retail from the premises of sealed bottles or other sealed containers of beer brewed on such premises for consumption off the premises, provided that no more than nine gallons of beer may be sold to any person on any day; | |
D. | The offering and tasting on the premises of the beer and brew pub of free samples of beer brewed on such premises. The offering and tasting shall be limited to visitors who have attended a tour of the premises; | |
E. | The sale of sealed bottles or other sealed containers of beer brewed on such premises to the holder of a wholesaler permit issued pursuant to Conn. Gen Stat. § 30-17(b) as it may be amended; and | |
F. | Only the activities expressly permitted by the approval of a Special Exception and Site Plan for a beer and brew pub may be conducted at the premises. | |
10.4.
Cannabis Facilities.
A.
Purpose: The purpose of this section is to allow for a comprehensive review and appropriate siting of cannabis establishments to ensure any such establishment is in harmony with and will not have a detrimental effect upon the surrounding area, and that both the operation and location of any such establishment is protective of the public health and welfare.
B.
Definition of Terms: For this Section only, the terms referred to herein shall be defined and used as outlined and defined in C.G.S. § 21a-420h (as amended).
1.
Cannabis Establishment: a non-profit, person(s) or business entity otherwise engaged in an activity which would be defined as a producer, dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, and product packager.
2.
Cannabis Hybrid Retailer: A person that is licensed to purchase cannabis and sell cannabis and medical marijuana products.
3.
Cannabis Retailer: A person, excluding a dispensary facility and hybrid retailer, that is licensed to purchase cannabis from producers, cultivators, micro-cultivators, product manufacturers and food and beverage manufacturers and sell cannabis to consumers and research programs.
4.
Cultivator: A person that is licensed to engage in the cultivation, growing and propagation of the cannabis plant at an establishment with no less than fifteen thousand square feet of grow space.
5.
Micro-cultivator: A person that is licensed to engage in the cultivation, growing and propagation of the cannabis plant at an establishment containing not less than two thousand square feet and not more than ten thousand square feet of grow space, prior any expansion authorized by the Commissioner of DCP.
6.
Food and Beverage Manufacturer: A person that is licensed to own and operate a place of business that acquires cannabis and creates food and beverages.
7.
Producer: A person that is licensed as a producer pursuant to section 21a-408i of the general statutes and any regulations adopted thereunder.
8.
Product Manufacturer: A person that is licensed to obtain cannabis, extract and manufacture products exclusive to such license type.
9.
Product packager: A person that is licensed to package and label cannabis.
C.
Cannabis Retailers and Hybrid Retailers: Retailers and Hybrid Retailers may be permitted via Special Exception in the Village District, the Village Commercial Overlay District, and the Major Development District subject to the standards specified elsewhere in these regulations in addition to the standards set forth below.
1.
All Cannabis Retailers shall meet the following criteria:
a)
Shall not be located within five hundred (500) feet of any other cannabis establishment as defined herein or, within five hundred (500) feet of any licensed child day-care facility, church, public playground or public or private school in existence at the time of Special Exception application, when measured using a direct line between any part of the permit premises and any part of a lot used as such.
b)
Hours of operation will be limited to no earlier than 8:00 AM or later than 10:00 PM Monday through Saturday and 10:00 AM to 6:00 PM on Sunday.
c)
No consumption of any cannabis product may take place on site.
d)
Signage shall be in accordance with Section 11 of these Regulations and C.G.S. § 21a-421bb or any applicable state regulations (as amended) whichever is more restrictive.
2.
Any application for a Cannabis Retailer approval shall include:
D.
Cannabis Micro-Cultivators: Cannabis Micro-Cultivators may be permitted in any Zoning District via Special Exception subject to the standards specified herein in addition to the standards set forth below.
1.
All Cannabis Micro-Cultivator shall meet the following criteria:
a)
Minimum parcel size for Cannabis Micro-Cultivator shall be five (5) acres.
b)
All cultivation shall be conducted within an enclosed building.
c)
State of Connecticut Micro-Cultivators License shall be obtained from the State of Connecticut and filed on the Voluntown Land Records.
d)
There shall be at least one thousand feet (1,000') separation distance to all residential structures existing at the effective date of this regulation. The Commission may consider increasing the separation distance based on site topography, height of proposed building and adjacent buildings, Odor Dispersion Analysis, and any other factors specific to the proposed site.
e)
No consumption of any cannabis product may take place on site.
f)
Signage shall be in accordance with Section 11 of these Regulations and C.G.S. § 21-421bb or any applicable state regulations (as amended) whichever is more restrictive.
2.
Any application for a Cannabis Micro-Cultivator approval shall include an operational plan to indicate, at a minimum, how the facility will be managed related to:
E.
Conditional Approval: In addition to any conditions imposed pursuant to these Regulations, all special exceptions for cannabis establishments shall be subject to the following conditions:
1.
Special Exceptions shall be approved with the condition that the applicant continuously maintains all necessary approvals required by the State of Connecticut for the duration of the operation.
2.
A conditional approval issued by the Commission shall not be considered fully executed until a copy of the State issued license has been provided to the Land Use Department. A fully executed approval, including the State issued license must be filed with the Voluntown Town Clerk within six (6) months of the issuance of the Special Exception.
3.
The Commission may issue not more than two (2) six-month extensions to this requirement provided the applicant can demonstrate that an application has been filed with the Department of Consumer Protection and the expected decision date will fall within the timeframe of the extension.
4.
No entity shall commence operations, sales, or advertisements without a valid, current license from the State of Connecticut and fully executed Special Permit from the Town filed on the Voluntown Land Records.
10.5.
Earth Excavation. Excavations, as defined in Section 2.16 of these Regulations, shall meet the following requirements:
A.
Such operations shall not be conducted between 7:00 p.m. and 7:00 a.m., except for municipal purposes.
B.
The site plan for such use shall show how the land is to be graded after completion of the removal operation.
C.
No excavation, fill, or grading shall result in excessive flying dust, noise, hazard to children or pedestrians, or danger to adjacent properties or passing vehicles.
D.
Property drainage shall be provided to prevent the collection and stagnation of water and the protection of water courses, streams, ponds and wetlands from pollution, siltation, and erosion.
E.
No sharp declivities, pits, depressions, or soil erosion problems shall be created, and no slopes or banks will exceed one foot of vertical rise to two feet of horizontal run.
F.
Topsoil removed shall be stockpiled on the premises and shall be spread uniformly over the excavated or filled area and over exposed rock surfaces resulting from the excavation or filling to a depth of four inches in accordance with the approved contour plan. Additional topsoil beyond that required for the site can be removed from the site. When the excavation, re-grading, removal, or filling operations have been completed, the excavated, re-graded or filled area and other vegetated areas destroyed by the excavation, re-grading or filling process shall be covered to a minimum depth of four inches with topsoil and seeded with a perennial rye grass or similar cover crop, planted with trees or shrubs.
G.
During the operation, barricades, earthen berms, or fences for the protection of the public and adjoining properties shall be erected if deemed necessary by the Commission.
H.
Truck access to the excavation shall be arranged to minimize danger to traffic, nuisance to surrounding properties, and such access to the premises shall be provided with dustless surface for 300 feet from a public street or highway.
I.
The completed excavation, re-grading or fill area shall not impair the future use of the property in accordance with the Regulations and the slopes and banks will not impair good development and safe use of the property after the excavation or filling.
J.
All fills shall be compacted to provide stability of materials and to prevent undesirable settlement. The fill shall be spread in a series of layers, each not exceeding 12 inches in thickness, and shall be compacted after each layer is spread. The Town Engineer may require tests or other information, if the conditions or materials are such that additional information is necessary.
K.
No builder, excavator, grader, or owner of any property shall cause unsightly piles of rock or subsoil, or denuded land caused by, or in connection with, any activity regulated herein, to remain for a period of more than one year after completion of said construction or activity. However, when the construction or activity cannot be completed within such a period, said one-year period may be extended if approved by the Commission for such extra time.
L.
Any excavation which involves the creation of a pond or permanent water containment area shall be permitted. Upon completion of excavation of said pond, the side slopes shall be graded at a slope not to exceed one foot of vertical drop to three feet horizontal distance to a minimum horizontal distance of 30 feet measured from the edges of the containment area at the discharge elevation.
M.
The Commission shall require the applicant to submit periodic reports on progress of the excavation, re-grading, removal, or filling including contours and cross sections prepared and certified by an engineer or a land surveyor licensed to practice in the State of Connecticut. If at any time, the Commission finds that the excavation, re-grading, removal, or filling is not being conducted or cannot be conducted in accordance with the plans as approved or as modified, the Commission shall order the applicant to cease operation and revoke the permit.
N.
The applicant shall file with the Commission a performance bond in the form of an irrevocable letter of credit, passbook savings account, or cash deposit, as may be acceptable to the Commission, or its designated agents, in an amount of $2,500 per acre of disturbed area. No excavation, re-grading, removal, or filling operation shall begin until such bond is received by the Commission. Furthermore, said bond shall not be released until said cover crop or planted material as required has been established and all debris removed.
10.6.
Home-Based Businesses: Customary home occupations may be allowed via administrative Zoning Permit, provided that:
A.
Only members of the family residing on the premises, plus a maximum of two (2) persons not residing on the premises, shall be employed in such business;
B.
The occupation shall be clearly incidental and subordinate to the residential use of the premises;
C.
No more than twenty-five (25%) percent of the floor area of the dwelling shall be used for the conduct of the business;
D.
The floor area of an outbuilding used for a home business shall not be greater than fifty (50%) percent of the floor area of the dwelling unit;
E.
No equipment or process shall be used in such business which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the business is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence;
F.
One (1) off-street parking space shall be provided for each 100 square feet of floor area devoted to the home business;
G.
A home business shall not generate any vehicle traffic beyond what might reasonably be expected in a residential area.
H.
(Reserved)
I.
Signs used in conjunction with an approved "home business" shall comply with Section 11 of these Regulations. In no case shall the use of banners, advertisement flags, lighted displays, or the use of audio for attracting customers be allowed; and
J.
The location of all outdoor display areas shall be approved by the Commission/ZEO to ensure that any such areas do not create a traffic safety or public health concern.
10.7.
Mobile Homes and Trailers.
A.
A mobile home or trailer may be used temporarily in connection with a bona fide construction job for which a valid zoning permit has been obtained.
B.
A temporary construction mobile home or trailer permit shall be issued for an initial period of six (6) months and may be renewable, at the discretion of the ZEO or Commission and for good cause shown, for additional six-month periods up to the date of the issuance of a certificate of occupancy.
C.
The mobile home or trailer shall be removed within ten (10) days after the issuance of the certificate of occupancy.
D.
A manufactured home, designed as a single-family dwelling and, having its narrowest dimension of twenty-two feet or more and built in accordance with federal manufactured home construction and safety standards shall comply with the same requirements imposed on single-family dwellings.
10.8.
Multiple Family Dwelling Units.
The following standards and requirements shall apply to all multiple family residential uses permitted under these Regulations:
A.
Minimum area for a new-construction multiple family development shall be three (3) contiguous buildable acres.
B.
Minimum lot frontage shall be one hundred and fifty feet (150') on a State Highway or approved Town road.
C.
A multiple family development on a rear lot with a minimum 25' wide access strip to a Town or State road shall have a minimum of six (6) contiguous buildable acres.
D.
Maximum allowable development density shall be one dwelling unit per acre for lots between three and six acres (3-6 ac.) and one and one half dwelling units per acre (1.5 u/ac.) of contiguous buildable area for lots in excess of six (6) acres.
E.
The total number of units allowed on a parcel existing as of the effective date of this Regulation shall be sixteen (16).
F.
No new multiple family structure shall contain more than four (4) dwelling units.
G.
Residential structures existing at the effective date of this Regulation with greater than 3,000 square feet of livable area may be converted into no more than six (6) dwelling units.
H.
No multiple family structure shall contain more than five thousand square feet (5,000 sf) in gross floor area.
I.
Maximum building height shall be two and one half (2 1/2) stories, not to exceed thirty five feet (35').
L.
Maximum impervious surface coverage of the lot shall not exceed twenty-five percent (25%).
M.
A landscaping plan shall accompany the application materials for multiple family developments demonstrating sufficient screening from neighboring properties and from the public way.
N.
A minimum of two hundred and fifty square feet (250 sf) of open space or recreation land shall be set aside on the property for each dwelling unit. The open space may either be private and accessible to individual units or combined for collective recreation space.
O.
Access driveways, parking areas, and areas for vehicular circulation shall be paved and of sufficient width and quality to provide for safe circulation.
P.
A minimum of two (2) paved or structured (garage) parking spaces shall be provided for each residential unit.
Q.
The site development plans shall include elements for pedestrian safety and circulation.
R.
Plans for maintenance of common facilities, including parking, driveways, landscaping, lighting, and pedestrian amenities, shall be included with all multiple family applications.
S.
Fire protection elements, including cisterns or sprinkler systems, may be required at the recommendation of the Fire Marshal and Fire Chief.
10.9.
Public Utility and Telecommunications Facilities.
A.
The order of preference for facility locations shall range from .1 as the most preferred to .4 as the least preferred.
1.
On existing structures such as nonresidential buildings/facades, water towers/tanks, utility poles, steeples, clock or bell towers, chimneys, grain elevators, and silos.
2.
On existing or approved towers.
3.
On new towers located on property occupied by one or more existing towers.
4.
On new towers.
B.
Wireless telecommunication facilities are defined by Section 2 of these regulations. Antenna may be mounted on the rooftop or facade of a nonresidential building or existing towers, water tanks, utility poles, steeples, chimneys, and silos, provided the following standards are met:
1.
Facilities shall be of a material or color matching the building's exterior and shall blend into the existing architecture as much as possible.
2.
Facade mounted antennas shall not protrude above the building structure and shall not project more than three feet beyond the wall or facade.
3.
Roof mounted antennas shall not exceed the highest point of the rooftop by more than 10 feet.
4.
Roof mounted antennas shall be set back from the roof edge a minimum of ten feet or ten percent of the roof width, whichever is greater.
C.
General Standards for wireless telecommunication facilities below are in addition to other applicable requirements in these regulations.
1.
The tower and/or antenna shall be erected to the minimum height necessary to satisfy the technical requirements of the telecommunications facility. Documentation of the minimum height needed, prepared by a licensed telecommunication systems engineer, shall accompany an application.
2.
A tower must comply with the setback requirements of the zone in which it is located or be set back from all property lines a distance equal to the height of the tower, whichever is greater.
3.
Towers not requiring FAA paintings or markings shall be painted a non-contrasting blue, gray, or other neutral color.
4.
No lights or illumination shall be permitted unless required by the FAA.
5.
No signs or advertising shall be permitted on any tower or antenna, except "no trespassing", "warning", and "ownership signs" are permitted at ground level.
6.
A proposed tower shall be designed and constructed to all applicable standards of the American National Standards Institutes, as amended.
D.
Site Plan Requirements: All applications to develop a wireless telecommunications facility as a Special Exception shall meet the Site Plan requirements listed in Section 9 of these regulations. In addition, the following information shall be submitted for each application where applicable. The Commission may require independent engineering/technical review of submitted materials at the applicant's expense.
1.
A map indicating the service area of the proposed wireless telecommunications site. A map indicating the extent of the provider's existing and planned coverage within the Town of Voluntown, and a map indicating the search radius for the proposed wireless telecommunications site, including the location of tall structures within one quarter mile of the proposed site.
2.
A report from a licensed telecommunication systems engineer indicating why the proposed site location is necessary to satisfy its function in the applicant's proposed wireless telecommunications system.
3.
A plan showing where and how the proposed antenna will be affixed to a particular building or structure.
4.
Details of all proposed antenna and mounting equipment including size and color.
5.
Elevations of all proposed shielding and details of material including color.
6.
An elevation of all proposed equipment buildings, boxes, or cabinets. Details of all proposed fencing including color.
7.
Tower base elevation and height of tower.
8.
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 separating distances between antennas. The design shall indicate how the tower will collapse without encroaching upon any adjoining property if failure occurs.
9.
A report from a licensed telecommunication systems engineer indicating that the proposed wireless telecommunication facility will comply with FCC radio frequency emission standards and that the installation will not interfere with public safety communications.
10.
All proposed landscaping, if appropriate, with a list of plant materials.
11.
Proposed access to the site.
E.
Review Standards: In addition to other review standards found in these regulations, the Commission, in reviewing applications for wireless telecommunication facilities, shall consider:
1.
Detailed analysis of alternative sites, structures, access, and antennas as provided by the applicant. Particular attention will be placed upon the siting preferences found in these Regulations.
2.
Tower sharing or co-location to facilitate the telecommunication needs of municipalities and other entities to reduce the need to construct additional towers.
3.
Assessment of tower structure type.
4.
Assessment of design characteristics/architectural treatments that mitigate, reduce or eliminate visual impacts on adjacent areas.
5.
If located on a property listed on the National Register of Historic Places, preservation of the historic and/or architectural character of the landscape or any structure.
6.
Consideration of future use or re-use of the site, with provisions for facility removal and site restoration.
F.
Abandonment. A wireless telecommunication facility not in use for 12 consecutive months shall be removed by the facility owner at their expense. This removal shall occur within 90 days of the end of the 12- month period. The Commission may require a bond or other surety satisfactory to the Town of Voluntown, to guarantee removal, which shall be reviewed and renewed every two years. If there are two or more users of a single tower, this provision shall not become effective until all users cease utilizing the tower.
10.10.
Rear Lots: The Commission may permit a lot not having the required frontage on a street (a rear lot) to be used for a residence provided the following conditions are met:
A.
The minimum lot size of a rear lot shall be at least: 160,000 square feet. Each lot shall contain at least 30,000 contiguous square feet of buildable area in a size and configuration suitable for the principal building/use, accessory uses and on-site water and sewer facilities.
B.
A rear lot shall be accessible to a street by way of a driveway located in a strip of land owned as part of the rear lot and at least twenty-five (25') feet in width throughout. A letter, statement, or other form of sign-off from the public utility concurring that the proposed driveway width is adequate to allow service to the proposed lot shall be submitted to the Commission. The driveway area shall not be counted toward meeting the rear lot area required.
C.
Where the driveway for any rear lot meets the street, it shall be determined by the Commission not to endanger public safety by reason of poor sight distance or some other condition.
D.
No part of any access strip for a driveway to a rear lot shall be located closer than 150 feet in the Rural District and 150 feet in the Village District to another such access strip to a rear lot on the same side of a street.
E.
No driveway providing access to a rear lot shall serve more than one (1) residence except as provided by Section 5.1.2 of the Subdivision Regulations.
10.11.
Recreational Campgrounds and Outdoor Recreational Facilities: Recreational camping grounds and outdoor commercial recreational facilities shall:
A.
Be buffered by a planting strip not less than 100 feet deep along all property lines, suitably planted with evergreen trees and shrubbery to affect dense growth.
B.
The layout and operation of a recreational camping ground shall conform to the provisions of Section 19- 13-B97 of the Connecticut Public Health Code and to Section 425 of the Building Code.
C.
A grocery and supply store for the convenience of campers on the premises may be operated as a part of the recreational camping ground.
10.12.
Salt Storage Facilities: Salt storage facilities may be allowed via Special Exception when:
A.
Located at least 250 feet away from a public drinking supply well;
B.
Outside any Level A aquifer protection area;
C.
Outside 100-year floodplain;
D.
A minimum of 100 feet from all wetlands and watercourses;
E.
Completely covered with a roof or weighted tarp and stored on impervious surfaces in accordance with the recommendations of the 2024 Connecticut DEEP Stormwater Quality Manual, as may be amended from time to time; and
F.
The Commission determines that there will be no adverse impact to groundwater or other critical environmental resources.
10.13.
Special Event Facilities.
A.
Location: Property shall have fronting and primary access from a State Highway, or application shall demonstrate that local roads are suitable to support projected traffic volumes.
B.
Site Plan: The Site Plan shall be prepared by a licensed Professional Engineer or Landscape Architect.
C.
Acreage: The property shall be of sufficient area to provide the buffer, parking, and screening requirements set forth in these Regulations.
D.
Buffer: A buffer of at least 100', in which no activity shall take place, shall be provided from side and rear property lines.
E.
Hours of Operation: Hours of Operation shall be protective of the welfare and the quality of life of the underlying Rural Zone and shall be established based on the impact of nearby residences and uses. Proposed hours of operation shall be submitted as part of the application and the approved hours shall not be extended without prior approval of the Commission.
F.
Health District: Approval by the Public Health District shall accompany the application.
G.
Parking Areas: No parking shall be within 100' of a property line. Parking areas shall be comprised of previous surfaces to the greatest extent possible. The applicant shall demonstrate that the parking spaces, including handicapped spaces, are of sufficient number to accommodate the proposed use.
H.
Waste Collection: A waste collection area shall be designated on the Site Plan. Any dumpster or roll-off container shall be screened from view off-site and be placed to the side or rear of the building. Containers shall have sufficient capacity to be fully closed at all times. Waste pickup shall be sufficient to prevent unsanitary conditions.
I.
Stormwater: A plan for stormwater management that recharges to the ground shall be provided by a professional engineer.
J.
Landscaping/Screening: The Commission may require landscaping to minimize the impact on surrounding properties.
K.
Noise: Noise from any sound system shall not constitute a nuisance to area residential properties. Noise levels shall comply with Regulations for noise as promulgated by the Connecticut Department of Energy and Environmental Protection and Connecticut General Statutes, Section 22a-73.
L.
Lighting: See requirements of Section 9.4 Performance Standards.
M.
A traffic and circulation plan, including access management details, shall be provided to satisfy the requirements of Section 9.3 of these Regulations.
N.
For events exceeding 85% of the design capacity of the facility, the applicant or facility operator shall provide written notification to the First Selectman a minimum of two weeks in advance of the event.
10.14.
Special Flood Hazard Areas: Any development activities within Special Flood Hazard Areas as shown on the most currently available Flood Insurance Rate Maps must be conducted in accordance with the Voluntown Flood Damage Prevention Amendment Ordinance.
10.15.
Specialized Agricultural Facilities.
Specialized agricultural facilities and buildings shall meet the following conditions:
A.
Roads and intersections providing access to the buildings will be adequate to provide safe and uncongested movement of traffic;
B.
All plans for the storage and disposal of waste shall be consistent with regulations of the Connecticut Departments of Health and Department of Energy and Environmental Protection.
C.
No specialized agricultural building shall be located closer than 100 feet from any property line.
D.
No waste storage or treatment area shall be located closer than 225 feet from a street center line or 300 feet from any other property line, except that the distance may be reduced to 100 feet when the adjoining property is a state open space or land physically unsuitable for building purposes, as determined by the Commission.
10.16.
Wind and Solar Energy.
A.
Wind Energy Conversion Systems (WECS): A WECS is any mechanism designed to convert wind into mechanical electrical power intended for use on the premises. WECS will be approved by the Commission only if, after review of a Special Permit application for the proposed WECS, the Commission is satisfied that it will not pose a threat to the health, safety, and general welfare of people living and working in the vicinity. The following minimum requirements shall be met by all proposed WECS:
1.
No WECS shall be permitted on a lot containing less than 40,000 square feet.
2.
The maximum height of any support tower for a WECS shall be eighty (80') feet. Any protruding rotor blades shall not extend closer than fifteen (15') feet to the ground surface.
3.
No part of a WECS structure shall be located closer than twenty-five (25') feet to a property line.
4.
The support tower for a WECS shall be set back from all property lines a distance equal to the sum of the tower height plus the rotor blade length.
5.
The supporting structure for a WECS shall not be attached to any structure containing a dwelling unit.
6.
Each WECS shall be equipped with a braking device that will prevent the rotor blades from turning faster than a rate produced by a forty mile per hour wind.
7.
A WECS shall not cause interference with radio or television reception. If such interference is detected, the property owner shall be required to take whatever measures are necessary to end the interference, including relocation or removal of the WECS.
8.
No WECS shall be approved until the application shows evidence that the plans have been reviewed and found to be satisfactory by the public utility responsible for providing conventional electric power to the property. The wiring shall be installed by a certified electrician.
9.
The maximum permitted noise level of a WECS shall be 45 decibels, as measured on the DBA scale, and as detected at any point on the property line.
10.
Climbing access to the WECS support tower shall not begin lower than twelve (12') feet above the ground.
11.
The support tower for a WECS shall be used solely for supporting the WECS and shall be removed when the tower ceases to be used for such purposes.
B.
Solar Power Installations over 250 kW ("Large-Scale Solar Energy Systems").
1.
Compliance with Laws, Ordinances and Regulations. The construction and operation of all large-scale Solar Energy System shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements.
2.
Building Permit and Building Inspection. No large-scale Solar Energy System shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
3.
Site Plan Review. Ground-mounted large-scale Solar Energy System with 250 kW or larger of rated nameplate capacity are allowed in all districts subject to Special Permit review by the Commission prior to construction, installation or modification as provided in this section.
a.
General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Connecticut.
b.
Required Documents. Pursuant to the site plan review process, the project proponent shall provide the following documents in addition to the Special Permit submission requirements of Section 9:
c.
Blueprints or drawings of the Solar Energy System signed by a Professional Engineer licensed to practice in Connecticut showing the proposed layout of the system and any potential shading from nearby structures.
d.
Manufacturer's data sheets or similar documentation of the major system components to be used, including the PV panels, mounting system, and inverter.
e.
Full contact information, including name, address, phone number and e-mail address for proposed system installer.
f.
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.
g.
The name, contact information and signature of any agents representing the project proponent;
h.
Documentation of actual or prospective access and control of the project site;
i.
An operation and maintenance plan.
j.
Zoning district designation for the parcel(s) of land comprising the project site,
k.
Proof of liability insurance; The Commission may waive documentary requirements that it finds are unnecessary to determine compliance with these regulations, as it deems appropriate.
4.
Site Control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed Solar Energy System.
5.
Operation & Maintenance Plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted Solar Energy System, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.
6.
Utility Notification. No large-scale ground-mounted Solar Energy System shall be constructed until evidence has been given to the Commission that the utility company that operates the electrical grid where the installation is to be located has been informed of the Solar Energy System owner or operator's intent to install an interconnected customer-owned solar energy system. Off-grid systems shall be exempt from this requirement.
7.
Dimension and Density Requirements. Setbacks For large-scale ground-mounted Solar Energy system, front, side and rear setbacks shall be as follows:
a.
Front yard: The front yard depth shall be at least 10 feet; provided, however, where the lot is across from a Residential district, the front yard shall not be less than 50 feet.
b.
Side yard. Each side yard shall have a depth of at least 25 feet; provided, however, where the lot abuts a Residential district, the side yard shall not be less than 100 feet.
c.
Rear yard. The rear yard depth shall be at least 20 feet; provided, however, where the lot abuts a Residential district, the rear yard shall not be less than 100 feet.
d.
Minimum Lot Size. The minimum lot size for any large-scale Solar Energy System shall be seven (7) acres.
e.
Height. The total height of any large-scale Solar Energy System, including any mounts, shall not exceed nine (9) feet above the ground.
10.17.
Commercial Kennels, Animal Daycare Facilities, and Commercial Riding Stables.
Commercial kennels/animal daycare, riding stables, and boarding stables are permitted uses subject to approval of a special permit and the following conditions:
A.
Minimum Lot Area: A minimum lot area must be five (5) acres for riding and boarding stables and three (3) acres for commercial kennels/animal daycare, with the exception that commercial kennels/animal daycare serving only domestic cats need only meet the minimum lot size required by the applicable zoning district on which they are located.
B.
Setbacks: Open exercise areas and buildings containing animals must be a minimum of 100 feet from any property line, except for the following:
1.
Commercial kennels/animal daycare serving only domestic cats need only meet the minimum setbacks required by the applicable zoning district on which they are located.
2.
A building that is sufficiently soundproof so as not to create a nuisance to adjoining property owners or the general public, and that has no outdoor area for animals, may meet a 50-foot setback from any property line. Documentation of soundproofing must be provided with any application.
C.
Open Exercise Areas: Open exercise areas must be enclosed by a fence at least five (5) feet in height and such areas must always be maintained in a sanitary and odor-free condition.
D.
Animal Enclosures: All stalls, pens, and similar enclosures for animals must have a floor made from concrete or other impervious material which must contain adequate drainage facilities connected to an acceptable sanitary system for proper washing and maintenance.
E.
Animal Waste: All animal waste must be safely stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 100 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.
10.18.
Senior Housing Communities.
A.
Purpose: The purpose of this section is to provide for the construction of diverse alternative housing types for active seniors aged 55 and over that are designed for aging in place and including common recreational and socialization amenities to meet the needs of this population while balancing the need to protect existing neighborhood character in the Town of Voluntown. No provisions in this regulation shall be applied, enforced or implemented in a manner that is inconsistent with or prohibited by the Fair Housing laws of the United States (42 USCA Section 3607) and the State of Connecticut (46a-64b). Active Senior Housing Communities are permitted uses subject to approval of a special permit and the following conditions:
B.
Location: The site and the primary access thereto shall be located on a collector road or higher classification in the Town's system as shown in the Plan of Conservation and Development.
C.
Building Height and Coverage: The maximum building height and coverage of all buildings on the lot must be in accordance with the underlying zone.
D.
Occupancy:
1.
Active Senior Housing Communities are intended for senior citizens and must be restricted to persons 55 years of age and older subject to the following exceptions: If a couple resides in one unit, one member of the couple must meet this age requirement. At any time, the total number of dwelling units occupied by persons under 55 years of age cannot exceed 20% of the total number of units.
2.
Active Senior Housing shall meet all requirements of the United States Federal Fair Housing Act, as amended. The Active Senior Housing facility or community shall be responsible for compliance with the Fair Housing Act and must publish and adhere to policies and procedures that demonstrate intent to comply with the requirement of the Fair Housing Act and shall so state in the appropriate legal documents for the community or facility.
3.
The Town shall have the right, but not the obligation, to review continuing compliance with the criteria of the Federal Fair Housing Act.
10.19.
Drive Through Facilities: Drive through facilities are permitted by Special Permit as accessory uses to restaurants, banks, and other commercial/retail uses subject to the following conditions:
A.
Location On-Site: Drive through facilities, including required stacking lanes, must be located in the rear or side yards only.
B.
Curb-Cuts: Drive through facilities must not generate the need for an additional driveway curb cut.
C.
Stacking Spaces Required:
1.
Restaurants: For fast food restaurants or any window designated for the pick-up of readily consumable food or beverage, a minimum of ten (10) stacking spaces entering and one stacking space exiting must be provided for each drive through window, including the vehicle being serviced. Where an order board and pickup window are involved at such an establishment, a minimum of five (5) stacking spaces should be provided before the order board.
2.
Services: For banks, a minimum of five (5) stacking spaces entering and one (1) stacking space exiting must be provided for each drive through window or ATM, including the vehicle being serviced.
3.
Retail: For pharmacies or any window designated for the pick-up of retail goods to be used or consumed later, a minimum of three (3) stacking spaces entering and one (1) stacking space exiting must be provided for each drive through window, including the vehicle being serviced.
D.
Size: Stacking lanes must be a minimum of 10 feet wide and each space shown must be 20 feet long.
E.
Circulation: Stacking lanes should be separate from internal aisles which allow traffic to circulate through the site without entering the drive through facility.
F.
Exiting Space: Exiting stacking space must be separate from other circulation aisles and must be at least 50 feet from the curb line of the street to which they will exit.
G.
Traffic/Pedestrian Circulation: Stacking lanes should be designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.