Winchester City Zoning Code
ARTICLE IV
Special Regulations
§ 415-26 Accessory apartments.
[Amended 3-9-2026]
A.
Purpose and intent. The intent of permitting accessory apartments is for any or all of the following:
(1)
To provide elderly homeowners with a means of obtaining rental income, companionship, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave.
(2)
To add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate-income households who might otherwise have difficulty finding housing.
(3)
To develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle.
(4)
To protect stability, property values and the single-family residential character of a neighborhood by ensuring that accessory apartments are installed only in owner-occupied houses.
(5)
To provide housing units for persons with disabilities.
B.
Specific requirements. The Zoning Enforcement Officer may issue a Zoning Permit authorizing the installation and use of an accessory apartment in a detached accessory structure or as part of the existing residential structure on a single-family home lot on the following conditions:
(1)
Newly constructed accessory apartments must comply with all setback and coverage requirements for the underlying zone. No variances shall be issued for the purpose of constructing or creating a new accessory apartment.
(2)
The apartment will be a complete, separate housekeeping unit containing both kitchen and bath.
(3)
Only one accessory apartment may be created within a single-family house or house lot.
(4)
The owner(s) of the residence in which the accessory unit is created must continue to occupy at least one of the dwelling units as their primary residence. The zoning permit for the accessory apartment automatically lapses if the owner no longer occupies one of the dwelling units.
(5)
Any new outside entrance to serve an accessory apartment shall be located on the side or in the rear of the building.
(6)
The gross floor area of an accessory apartment (including any additions) shall not be greater than 900 square feet or 50% of the gross floor area of the existing residential structure if attached, whichever is less. This shall include all floor space of the apartment, measured from the inside edge of the outermost finished walls, including any closets or storage areas. However, it shall not include spaces exclusively dedicated to utilities, such as furnaces or water heaters, nor shall it include stairs leading to the main entrance of the apartment (but not stairs within the apartment itself, which shall be counted).
(7)
Once an accessory apartment has been added to a single-family residence or lot, the accessory apartment shall never be enlarged beyond the 900 square feet allowed by this section.
(8)
An accessory apartment may not contain more than two bedrooms.
(9)
The property must allow for sufficient off-street parking considering the overall number of units and bedrooms on the property.
(10)
The design and room sizes of the apartment must conform to all applicable standards in the health, building and other codes. If the property is served by a private septic system, approval from the Torrington Area Health District must be presented to the ZEO at time of application.
(11)
Zoning permits issued under this section shall specify that the owner must occupy one of the dwelling units. The zoning permit and the notarized letters required herein must be recorded in the Town of Winchester Land Records, in the chain of title to the property, with documentation of the recording provided to the Zoning Enforcement Officer, prior to the occupancy of the accessory apartment.
(12)
Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's permanent primary residence.
(13)
Prior to issuance of a permit, a floor plan must be submitted showing the building, including proposed interior and exterior changes to the building.
§ 415-27 Adult-oriented establishments.
[Amended 4-14-2025]
Adult-oriented establishments may be permitted only in the PI District and must comply with the requirements of Chapter 162, Adult Entertainment, of the Town Code.
§ 415-28 Bed-and-breakfasts.
A.
Bed-and-breakfasts are permitted in a structure in which the owner is in full-time residence and where the following are satisfied:
(1)
Full bathrooms shall be provided at the rate of one per two guest rooms;
(2)
The Regional Health District shall certify that the existing or proposed modified subsurface sewage disposal system is adequate to serve the proposed use. A complete new sanitary system may be required if the existing system is inadequate for the proposed use or if there is insufficient data concerning the nature of the existing system; and
(3)
For purposes of this section, the "owner" shall be a natural person or persons who is or are the record owners of the premises.
B.
Minor additions may be made to a structure, up to 200 square feet, for improvements necessary for such occupancy.
C.
The length of stay shall not exceed three days per guest. Food service shall be limited to continental breakfast only.
D.
The operation of a bed-and-breakfast use shall require a special permit.
§ 415-29 Cannabis establishments.
[Added 6-27-2022; amended 4-14-2025]
Public Act 21-1, An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis, legalizes adult recreational marijuana in Connecticut. All uses covered by this section shall be governed by § 21a-408-1 to § 21a-408-70, inclusive, of the Regulations of Connecticut State Agencies, as they may be amended. In order to promote, preserve and protect the public health, safety and welfare of the Town, the Commission may grant a special permit to allow the siting of retail, hybrid retail and micro-cultivation cannabis establishments in the Town Gateway (TG), Town Center (TC), and Production and Innovation (PI) Districts as follows:
A.
No building, structure or premises shall be used, and no building or structure shall be constructed, reconstructed, extended, moved or altered, that is intended or designed to be used as a cannabis retail, hybrid retail or micro-cultivator establishment if any part of such building, structure or premises is located on Main Street, extending from Park Place West to Munro Street.
B.
Cannabis retail and hybrid retail. A site plan and application for a special permit shall be submitted and reviewed in accordance with § 415-24, Special permits and special exceptions, of these regulations, subject to the following additional requirements:
(1)
A location map shall be provided showing all sensitive uses within 200 feet of the property lines of the property on which the cannabis retail or hybrid retail facility is proposed. For the purposes of this section, "sensitive uses" shall be defined as a property on which any part of it lies a school day-care, place or worship, or playground. The Commission may deny the application based on proximity to the above uses if found to be in conflict with the standards set forth in this section and in § 415-24D, Considerations for special permits.
(2)
A traffic management plan, including parking, shall be provided that demonstrates adequate safety measures for vehicular and pedestrian traffic in response to the site conditions and conditions along adjacent streets.
(3)
Hours of operation/sales to consumers shall be between 8:00 a.m. and 9:00 p.m. Monday through Saturday, and between 10:00 a.m. and 6:00 p.m. on Sunday.
(4)
Cannabis products shall not be smoked, consumed or ingested on the premises of any retail or hybrid retail establishment.
(5)
An operation plan, including but not limited to a description of on-site activities, floor plan of the building, and a security plan, shall be submitted for the establishment with the application.
(6)
Establishments may not display products for consumption in store windows or otherwise be visible from the public right-of-way. Exterior signage shall be restricted to a single sign no larger than 24 inches by 48 inches or the provisions contained in § 415-21, Sign types, whichever is less. A sign may only contain the legal name of the entity and the street address of the establishment. Window advertising signage is prohibited.
(7)
The applicant shall have received provisional license approval from the State Department of Consumer Protection to operate the cannabis retail establishment.
C.
Cannabis micro-cultivation. A site plan and application for a special permit shall be submitted and revised in accordance with § 415-24, Special permits and special exceptions, of these regulations, subject to the following additional requirements:
(1)
The production and/or storage of cannabis shall be conducted indoors.
(2)
A traffic management plan, including parking, shall be provided that demonstrates adequate safety measures for vehicular and pedestrian traffic in response to the site conditions and conditions along adjacent streets.
(3)
Any proposed retail sales to consumers shall be between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday; and between 10:00 a.m. and 6:00 p.m. on Sunday.
(4)
Cannabis products shall not be smoked, consumed or ingested on the premises of any micro-cultivation establishment.
(5)
All micro-cultivation establishments shall be ventilated in a manner such that there are no detectable odors at the property line.
(6)
An operations plan, including but not limited to a description of on-site activities, floor plan of the building and a security plan, shall be submitted with the application.
(7)
The applicant shall have received provisional license approval from the State Department of Consumer Protection to operate the cannabis micro-cultivation establishment.
§ 415-30 Clubs.
A club shall be allowed by special permit and shall cater only to its members or guests accompanying them, shall not be operated for profit, and no activity shall be carried on which results in objectionable noise audible off the premises and shall meet all of the following requirements:
A.
The scale and design of the structure is compatible with the surrounding neighborhood;
B.
Landscape planning or other visual separation is provided to minimize the effects of the use on neighboring properties; and
C.
Building plans of the structure and a site plan showing conformance with the above criteria shall be submitted to the Commission.
§ 415-31 Commercial recreation.
A.
Commercial recreation area. A commercial recreation area, on a parcel of land containing not less than 20 acres of land devoted to one or more of the following uses and located only in an RR District, may be allowed as a special permit, provided that the Commission shall find, in addition to the requirements for all special permits, that it:
(1)
Is consistent with the Plan of Conservation and Development of Winchester;
(2)
Will cause no hazards to health, safety and property from fire, accident, sanitary and drainage conditions, excessive traffic, noise, vibration, odor or other nuisance;
(3)
Will not add undue traffic to local streets or storm drainage beyond their reasonable capacity;
(4)
Conforms to the proper standards of traffic access and egress and fire protection.
B.
Site plan requirements. Application for a special permit for commercial recreation shall be accompanied by a site plan, showing the boundaries of the property and all roads and structures within 500 feet of the property, together with:
(1)
Proposed roads, parking areas and any required drainage and sanitary facilities;
(2)
Location of proposed structures and the limits of areas of proposed activities, together with a specific list of the proposed use or uses, including daytime and nighttime activities;
(3)
Applicable information required to assure conformance to the design criteria; and
(4)
Application fee.
C.
Design and operating criteria. Design and operating criteria governing the location and construction of improvements, structures and facilities shall include the following:
(1)
No structure, except a single-family dwelling, and no recreational activity, except a golf course, shall be closer than 100 feet to the nearest public highway, nor closer than 250 feet to the nearest dwelling located under other ownership on the same side of the highway; except that where public and private safety are protected, activities such as horseback riding and snowmobiling trails may be permitted closer than 100 feet to highways, as shown on the approved plan.
(2)
The volume of sound from music and public-address systems shall be so controlled as to prevent objectionable noise off the premises.
(3)
Banquets, meetings, stage presentations and dancing shall be held inside a building, but this shall not prevent presentation outside a building of athletic exhibitions or contests requiring outdoor facilities.
D.
Uses permitted in commercial recreation. Uses permitted under a special permit for commercial recreation use shall include only the following permitted uses and any approved combination thereof:
(1)
Outdoor athletic activities, including facilities for skating, skiing, snowmobiling, sledding, swimming, squash and tennis, but expressly prohibiting all other all-terrain vehicles, including motorcycles, minibikes and similar vehicles.
(2)
A golf course of not less than nine holes as a principal recreational use, and a par-three golf course of putting greens and driving range, as accessory to a principal recreational facility, but expressly prohibiting miniature golf, putting greens and driving ranges as a principal use.
(3)
Riding academy or hunt club as a principal use, and the keeping and boarding of horses for riding, instruction and exhibition, as accessory to a principal recreational facility.
(4)
Outdoor picnic facilities, including barbecue pits and outdoor fireplaces, as an accessory use to a principal recreational facility.
(5)
Social and recreational facilities for dining and dancing, including banquets, meetings, receptions, assemblies and entertainment, provided such activities are accessory to and part of an indoor-outdoor recreational enterprise and are carried on inside a fully enclosed building.
(6)
Motel, lodge or inn, furnishing lodging and/or meals to transients, as accessory to a recreational use, but not as a principal use, provided that no living accommodations that include cooking facilities shall be occupied by persons other than those employed on the premises for more than 30 days between October 1 and the next following May 15.
(7)
The rental of campsites as a part of a commercial recreation operation is permitted, subject to the following conditions:
(a)
Campsites may be occupied by a tent or recreational vehicle, but not by any type of permanent building.
(b)
Campsites shall conform to the design criteria herein, and campsites provided for recreational vehicle use shall further conform with all applicable requirements of these regulations.
(c)
Power to campsites shall be shut off in the off-season (winter).
(8)
Activities similar to those listed above, that are commonly provided by such organizations as day camps, swimming and tennis clubs, other recreational enterprises, and that are listed in the application and on the site plan, may be approved by the Commission, subject to such additional safeguards as the Commission may require.
(a)
Except as provided above, residential use shall be limited to existing dwellings and new accommodations for persons employed on the premises only.
(9)
Accessory uses and structures customarily incidental to a permitted use.
(10)
One freestanding sign is permitted at the main entrance to the lot containing the commercial recreation use. External lighting only is permitted with the light sources shaded to prevent glare on any adjoining property. Notwithstanding other provisions of these regulations, directional signs not exceeding one square foot each in area may be permitted when and where approved by the Commission.
E.
Approval by the Commission. Approval by the Commission of a special permit for commercial recreation shall be based solely on an approved site plan, filed with the Commission, which shall clearly show the locations of structures, construction, improvements, outdoor lighting and the limits of the open areas of outdoor activities, together with a list of the uses and accessory uses included as a part of the special permit.
(1)
The applicant may submit, and the Commission may approve, minor amendments to an approved special permit, provided that any amendments that extend the limits or the number or kinds of activities or structures, or scope of lighting, shall not be approved until after a public hearing. The Commission may make a determination that minor camp improvements which meet the requirements of this section will only require a zoning permit.
(2)
Any expansion of the number or kinds of activities or structures, or scope of lighting, will require submission of an amended plan, a public hearing and Commission approval.
(3)
Approval for a special permit for commercial recreation shall become null and void if all of the approved facilities are not in operation after two years following the date of approval. Said special permit is extendable for up to an additional two years should an extension be sought by applicant and granted by the Commission.
F.
Campsite design criteria. The following requirements shall apply to the layout, construction and operation of facilities permitted hereunder:
(1)
Provision shall be made for furnishing adequate potable water, sanitary sewage disposal and collection and disposal of garbage and waste materials in conformance with state and local ordinances. Approval of the plans by the designated public health agency is required before approval of a special permit, and certification by such agency of construction of sanitary facilities in accordance with the approved plans is required before issuance of a certificate of zoning compliance.
(2)
A 110-volt electric outlet shall be provided at each campsite in not less than 40% of the total number of campsites.
(3)
Potable water shall be furnished by a piped pressure system, with one outlet on each campsite, in not less than 40% of the total number of individual campsites, and one outlet for not more than 10 individual campsites (tents and recreational vehicles).
(4)
Sanitary sewage disposal shall be by a piped system, with one trapped connection on each campsite, and one connection to community toilet and waste facilities, which shall serve not more than 10 individual campsites. No septic tank or drain field shall be connected to fewer than 20 campsites, nor be located on land allocated to individual campsites.
(5)
Where required, a community toilet facility, to serve not more than 10 campsites, shall consist of a shower stall, a lavatory and a water closet, separated for each sex, suitably screened from campsites, and such facility shall be located not more than 250 feet from the farthest campsite served. Where, in the judgment of the Commission, unusual conditions of topography, soils seepage or other natural features prevent strict adherence to the above standards, the Commission may approve combining toilet locations, or a greater distance between such facilities, so long as the safety and convenience of the campers are not jeopardized.
(6)
Garbage and waste collection stations shall be located so as to serve not more than 10 campsites, and shall be substantially screened, or daily collections shall be made from insect-tight containers.
(7)
The location, materials of construction and storage of fuel for outdoor cooking facilities shall be subject to the approval of the Fire Marshal, and no outdoor cooking shall be allowed except at approved locations. Subject to the above, open fireplaces and Coleman-type stoves are permitted, if approved by the Fire Marshal.
(8)
Roads and driveways adequate for the purpose intended, and adequate provisions for storm drainage, shall be subject to the approval of the Commission. All roads shall provide free movement for fire equipment in accordance with the Connecticut Fire Prevention Code, as amended.
(9)
Each campsite shall contain not less than 3,000 square feet of area for the exclusive use of the site occupants, provided that there shall be not more than 10 campsites per gross acre devoted to such sites, exclusive of all public open spaces. This shall not prohibit campsites of less than 3,000 square feet each in the case of a group camping field designated on the approved site plan for a period not to exceed three days.
(10)
Except in the case of group camping noted in Subsection F(9) above, each campsite shall have not less than 25 feet of frontage on an access driveway or way connecting ultimately to a public street, and an average width not less than 50 feet, and a minimum depth of 60 feet.
[Amended 4-14-2025]
(11)
Each campsite shall have an open yard, unoccupied except for trees, planting or fencing, 10 feet wide, along each campsite boundary line, but this shall not prevent two families from using the adjoining yards on two adjoining campsites for camping purposes.
(12)
Campsites shall be so arranged that the natural plants and trees, terrain and scenic assets shall be preserved, that each campsite has direct or indirect access to a Town road, but is visually private and protected from other campsites, and that emergency vehicles have proper and safe access to substantially all of the campsites.
§ 415-32 Commercial stables.
[Amended 4-14-2025]
Riding academies, livery and boarding stables, animal and convalescent stables, rental and hacking stables and private club riding stables shall be a permitted use in the PI District and permitted only upon the granting of a special permit in the RR and TG Districts, provided all of the following requirements are met in addition to the requirements for all special permits, where applicable:
A.
Any barns, riding rings, corrals and accessory facilities shall be contained within one lot of suitably drained land consisting of at least 10 acres;
B.
Parking for commercial stables shall be provided as set forth in Appendix A,[1] and sufficient off-street parking facilities should be provided to accommodate all users and visitors to the lot, including spectators for horse shows or similar events. The roads for entering and leaving the lot shall not be located or placed in a manner to create pedestrian or vehicular traffic hazard on the public street or highway;
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
Stable manure or hazardous materials utilized or stored must not create a health hazard from an air and water pollution standpoint to the community in general or the persons inhabiting or using the surrounding acreage; and therefore, the stabling of horses shall conform to all regulations of local and state health authorities. Toilet facilities shall be provided for in accordance with local health requirements for normal operations as well as for horse shows and similar activities. If the Commission determines that the proposed activity may pose a threat to groundwater, the Commission shall require appropriate provisions to prevent groundwater contamination in accordance with the groundwater protection requirements in these regulations;
D.
Adequate perimeter fencing shall be installed and maintained to reasonably contain the horses within the lot;
E.
Fire control facilities for the barns, buildings and other facilities used for normal operations as well as for horse shows and similar activities shall be acceptable to the Fire Marshal;
F.
The use of public address systems, the conduct of the instruction of riders, training of horses and the spectator participation in competitions should be modulated and continuously controlled in order to avoid becoming a nuisance to surrounding neighbors as determined by the Commission;
G.
No building or manure pit used for or in conjunction with the operation shall be located in a manner that any part thereof shall be less than 100 feet from the nearest line of any road, street or highway abutting the lot or any side and rear lot line. Riding rings and corrals shall not be within 50 feet of any residential use;
H.
The use of temporary buildings or trailers for the stabling of horses in excess of 15 days is prohibited;
I.
The area should be landscaped so as to harmonize with the character of the neighborhood. The land shall be so maintained that it will not create a nuisance as determined by the Commission. The manure storage area shall be so screened that it will not be unsightly. There shall be no storage of supplies outside of permanent building, except that the storage of wood chips used in the open is permissible, provided there is no conflict with any provision in this section; and
J.
There shall be no external flood lighting which is objectionable, either due to brightness or to direct transmissions outside of the lot where it originates, as determined by the Commission.
§ 415-33 Congregate residence development.
Congregate residence development, which shall include congregate dwellings and may include other types of dwellings, is intended to provide options for common dining and common use of other facilities and services essential to residential life.
A.
Location. Congregate residence development may be located in TCR, TC and TG and RR Districts, and only where all dwelling units will be connected to public or community water and public sewers before occupancy.
B.
Special permit use. Congregate residence development shall be allowed as a special permit. In addition to the requirements for all special permits, the standards applicable to congregate residence developments shall be the same as those for multiple dwellings, except for the following additional standards established for congregate residence developments:
(1)
Minimum lot size/residential density.
Minimum Lot Area (square feet) | Minimum Lot Area Per Family Unit (square feet) | |
|---|---|---|
Residential District | 40,000 | 7,500 |
Commercial Districts | 40,000 | 3,600 |
(2)
Driveways having access to and from public streets shall have ingress and egress lanes separated by a divider, or islands serving the same function, of no less than five feet in width.
§ 415-34 Containers.
Containers shall comply with all of the following requirements:
A.
All containers shall be screened from view of public streets and adjacent lots by a minimum six-foot-high enclosure on three sides finished to match the main building as set forth herein;
B.
Metal swinging gates of a height equal to the enclosure height shall be provided for the truck collection side of the compactor enclosure, which shall be oriented away from public streets;
C.
The interior dimensions of the compactor enclosure shall provide for two feet of clearance between the container and enclosure walls or gates;
D.
The placement of containers on a lot shall not reduce the number of parking spaces below the minimum required by these regulations;
E.
Containers that are part of a Town recycling center are exempt from the above regulations; and
F.
Residential-type recycling carts for refuse and recycling collection shall not be considered a container for purposes of these regulations.
§ 415-35 Convalescent homes and nursing homes.
Convalescent homes and nursing homes shall be allowed by special permit and shall comply with all of the following requirements, in addition to the requirements for all special permits:
A.
The minimum lot area shall be five acres;
B.
The facility shall be served by a public water system and public sewer facilities;
C.
The lot shall be of such a size and shape that a 300-foot square can be located within the lot boundaries;
D.
The minimum setback distance for all buildings and parking areas shall be 100 feet from a state highway right-of-way and 75 feet from a Town street right-of-way and 50 feet from all other lot lines;
E.
The total lot coverage of the footprint of all buildings on the lot shall not exceed 10% of the total lot area;
F.
The total floor area of all buildings on the lot shall not exceed 20% of the total lot area;
G.
The total ground coverage by all buildings and other structures, outside storage area, areas for off-street parking, loading and driveway and all paved areas on the lot shall not exceed 30% of the total lot area; and
H.
A landscape plan for the lot prepared by a landscape architect, licensed to practice in the State of Connecticut, shall be submitted as part of the special permit application. All portions of the lot not covered by buildings, other structures, outside storage or paved areas shall be suitably landscaped with trees, shrubs, lawns or other suitable landscaping. Areas not disturbed by filling, grading, excavation or other construction activity may be left as natural terrain when having a location, size and shape that supports the landscaping plan for the lot. Where the lot abuts an RR or HL District, the required setback area along the lot boundary line shall be landscaped with evergreen shrubs or trees, or such landscaping in combination with embankments, fences and/or walls, to provide a screen and transition from the site to the district. Suitable natural terrain and existing evergreen trees and shrubs may be preserved or augmented with new planting to satisfy the landscape requirement in the setback area.
§ 415-36 Corner lots.
On a corner lot, only one street line may be considered as a front lot line and only one yard may be considered the front yard. The front lot line shall be the front lot line directly opposite the front facade of a building. The yard fronting the other street that forms the corner lot shall be considered a side yard for purposes of these regulations. No wall, fence or structure shall be erected, and no hedge, shrub or other growth which is more than three feet high, and which will obstruct corner visibility, shall be maintained on a corner lot in the triangular area formed by the two street lines and a third line which touches the building line and is a chord of the angle of the street intersection.
§ 415-37 Country inns.
A country inn shall comply with all of the following requirements:
A.
The minimum lot area shall be five acres. The total area of impervious surfaces on the lot shall not exceed 15% of the total area of the lot. (For the purpose of this section of the regulations, impervious surface shall include the footprint of any building and the area of any paved parking areas.);
B.
Modifications or additions proposed to accommodate the use of the structure as a country inn shall not exceed 50% of the total habitable floor area of the existing structure;
C.
All parking areas shall be screened from view from surrounding residences. Parking shall be located to the side and rear of the structure, wherever possible. No parking shall be located within 50 feet of the front line or 25 feet of a side or rear lot line; and
D.
No separate commercial use other than that related to food, beverage and transient accommodations shall be permitted.
§ 415-38 Earth excavation.
[Amended 4-14-2025; 3-9-2026]
A.
An earth excavation special permit may be granted for the purpose of permitting earth removal, excavation, filling, stockpiling, importation and grading only as the minimum required for preparing land for residential, business or industrial development or for maintenance or improvement of bodies of water.
B.
Approval of an earth excavation special permit may be granted in two stages by the Commission:
(1)
Permit approval to the owner may be granted only after submission of all the required documents and requested information and the necessary public hearing.
(2)
Permit approval to the operator may be granted only after his furnishing to the Commission evidence of proper bonding and insurance.
C.
Before an earth excavation special permit is issued, or as a condition of approval, the applicant or his operator shall post a performance bond in form and amount satisfactory to the Commission, as surety conditioned on the carrying out of all the above conditions and any other safeguards imposed, and providing that, in case of default, the bond shall be utilized to take any and all necessary steps to comply with said conditions.
D.
No permit shall be issued for a period exceeding two years. Permits may be renewed for additional two-year periods upon application to the Commission for an Excavation Renewal Special Permit, provided that the Commission finds that the permittee has fully complied with these regulations and the terms and conditions of the expiring permit. Updated contour maps may be required by the Commission prior to the renewal of a permit.
E.
The Commission, or the Zoning Enforcement Officer, may require an "as is" contour map at any stage of the operation.
F.
An "as built" contour map, prepared by a surveyor licensed in the State of Connecticut, showing conformity with the requirements for restoration, may be required prior to the release of any bonds.
G.
An earth excavation special permit shall not be required for any of the following:
(1)
Stockpiling, filling or removal of earth materials on any lot, provided such activity involves no more than 500 cubic yards of earth material, and further provided that this exemption shall apply only once in any calendar year, as determined by a professional engineer registered in the State of Connecticut;
(2)
Necessary removal, excavation, filling, grading, stockpiling, screening of materials in direct connection with the construction or alteration of a structure, septic system, driveway or other utility on a lot for which all appropriate permits have been issued, and which activity involves less than 1,000 cubic yards of earth materials. In the TG and PI Zones, this limit is increased to 5,000 yards, provided the access to the excavation site shall be via a state highway or a dedicated industrial park road directly connecting to a state highway. However, such excavation shall still meet the requirements of this section;
(3)
The normal maintenance and repair of roads and driveways and the construction of new roads by the Town;
(4)
Accessory compost heaps and manure piles generated from permitted on-site activities as long as such activities are being properly managed and are not causing pollution or a public nuisance or a health hazard; or
(5)
Stockpiling of materials and debris associated with off-site activities such as construction and demolition.
H.
In considering any application, the Commission shall evaluate the effect on adjacent property, property values, the public health and safety and the potential future use of the premises, the specific purpose set forth in the district and the general purposes of these regulations. The Commission may approve a plan only when it is satisfied that the purposes of these regulations will be met and that the following conditions will be complied with:
(1)
All operations shall be conducted on the premises only between the hours of 7:00 a.m. and 5:30 p.m., local time, Mondays through Saturdays, inclusive; except such days and hours of operation may be expanded by the Commission upon its finding of good cause. No operations are to take place on Sundays and those legal holidays set by the State of Connecticut, without the prior approval of the Commission.
(2)
No more than three acres may be exposed and excavated at any one time without specific authorization from the Commission.
(3)
No stationary machinery shall be erected or maintained within 100 feet of any property line, permit area line or street line.
(4)
No excavation shall take place within 50 feet, or such lesser distance as the Commission may specify upon its finding of good cause, of any property or street line regardless of elevation, and no shrubbery, grass or trees shall be removed from said 50-foot strip until restoration is completed.
(5)
Where leveling off is the intent of the applicant and where doing so would improve the properties of both the applicant and the adjacent property owner(s), the applicant may, after formal application and approval by the Commission, excavate and grade within the fifty-foot setback area.
(6)
Where there is a commercial earth excavation operation, either new or existing, adjacent to another such operation, either existing or formerly excavated, the Commission may require the owner(s)/operator(s) of the contiguous properties to "mine through," removing the materials within the fifty-foot buffer strips and blending the contiguous property line into a common grade.
(7)
A Connecticut-licensed surveyor shall stake all corners of the permit area. A secondary staking shall be required 45 feet inside the permit area, in a manner acceptable to the Commission, in order to maintain the fifty-foot setback.
(8)
When the depth of the excavation exceeds 20 feet, the distance from the property line or street line shall be increased not less than one foot for each additional vertical foot of excavation.
(9)
When excavation and/or removal operations are completed, or if a permit has expired and/or has not been renewed, the excavated area shall be graded to within 25 feet of the permit line, adjacent property line and/or street lines, so that the slopes and disturbed areas shall be no steeper than 1:3 (vertical to horizontal). A layer of topsoil shall be spread over the excavated areas, except exposed rock surfaces, to a minimum depth of four inches, in accordance with the approved final grading plan. The Commission may approve other such methods in writing. Restoration shall take place within one year following the completion of work or the expiration/nonrenewal of a permit. Said area shall be maintained in a stabilized condition for a period of one year before the final bond shall be released by the Commission.
(10)
No building except a field office or temporary shelter for machinery shall be erected on the premises without specific written authorization from the Commission. No screening, washing, crushing or other form of processing shall be conducted upon the premises unless such activities are expressly allowed by the Commission as part of an approved earth excavation special permit. Any office, temporary shelter or machinery shall be removed from the premises within six months after the completion, expiration or nonrenewal of a permit, subject to extension of such period by the Commission for good cause.
(11)
At all stages of the operation, proper drainage shall be maintained to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties or roads. Blocked drainage ditches or culverts, or erosion on any street or highway shall be immediately removed by the owner or operator of the premises. Should the Town be required to cause the removal of such materials for the safety of the public or for any other reason, the cost of such work shall be paid by the owner and/or operator of the premises.
(12)
During the period of excavation and removal, the Commission may require that barricades, fences or grassed berms, up to six feet in height, be erected, as deemed necessary by the Commission, for the protection of pedestrians and vehicles and to buffer adjacent properties from the operation.
(13)
Overhanging slopes are prohibited. Except for temporary conditions during excavation, all soil slopes shall not exceed 1:3 (vertical to horizontal) and all solid rock faces shall not exceed 3:1 (vertical to horizontal), unless steeper slopes are expressly allowed or flatter slopes are required by the Commission as part of an approved earth excavation special permit.
(14)
During the period of excavation and removal, the owner and/or operator of the premises shall provide, at his own expense, such special police, flagman, barricades and fences for the protection of pedestrians and vehicles, as deemed necessary by the Commission or the Zoning Enforcement Officer to protect the public health, safety, convenience and property values.
(15)
Truck access to the excavation shall be so arranged and scheduled as to minimize danger to traffic and nuisance to surrounding properties. That portion of any access road within the area of operation shall be treated to minimize dust. The Commission may require a hard-surfaced road to ensure further control of dust.
(16)
Proper measures shall be taken to avoid noise and air pollution. Such measures may include limitations upon the stockpiling of excavated materials upon the premises.
(17)
The owner and/or operator shall be liable for the cost of repairing any damage to any public street or highway resulting from its operation.
(18)
The Commission may require other appropriate safeguards necessary to protect the public health, safety, convenience and property values.
§ 415-39 Farms.
A farm shall meet all of the following requirements:
A.
Be on a lot containing at least five acres;
B.
With the exception of dwellings and farm stands, all farm-related buildings and structures shall be located not less than 100 feet from any street line and 100 feet from any dwelling on an adjacent lot. This requirement shall not restrict the location of fencing for pastures. One sign of up to 10 square feet shall be permitted;
C.
Commercial slaughtering is not permitted, with the exception of animals raised on the lot;
D.
No zoning permit shall be required for a temporary moveable farm stand, provided that all of the following requirements are satisfied:
(1)
It is set up and used only for the sale of farm produce in season;
(2)
The produce has been grown on the lot; and
(3)
The stand is no greater than 100 square feet in surface area and is located not closer than 20 feet to the street pavement or travel way.
E.
A temporary, moveable stand set up for the sale of local and Connecticut-grown products in season may be permitted as an accessory use to the principal farm use of a lot, subject to approval of a site plan application. The site plan application shall provide for sufficient parking and circulation for both the principal and accessory use.
F.
Any for-fee activities which fall under the definition of a "banquet facility" shall not be hosted on the property until a special permit for a banquet facility is obtained.
§ 415-40 Farm stands and homesteading stands.
[Amended 4-14-2025; 3-9-2026]
A.
Permanent farm stands. A permanent farm stand may be permitted by site plan review by the Commission for the display or sale of Connecticut-grown farm products substantially all of which are grown on a farm that meets all of the following requirements:
(1)
Shall be subject to all applicable setback requirements in the district in which it is located; provided that the stand and associated signs shall not be less than 10 feet from any street line and not less than 50 feet from any street intersection;
(2)
A minimum of one off-street parking space consisting of a dustless surface shall be provided for each 50 square feet of permanent farm stand floor or sales area, either inside or outside. The Commission may require additional parking spaces where it determines it is necessary. The applicant may be required to show on the site plan a suitable area for future parking spaces. This area shall be open and adequately drained and may be maintained with a grass surface;
(3)
The floor area of a permanent farm stand shall not exceed 200 square feet, which shall include any outside space used for sales. The Commission may approved a standalone farm stand or a farm stand within an existing building with a total floor area greater than 200 squarefeet upon the issuance of a special permit;
(4)
A permanent farm stand may be established within a barn or other similar building designed and used for farm purposes upon the issuance of a special permit; and
(5)
No more than two signs of any type shall be permitted, aggregating 12 feet in area and advertising products sold at the permanent farm stand.
B.
Homesteading stand. One homesteading stand shall be allowed on existing residential properties without the need for permits for the sale of produce, agricultural products, or products made with a Cottage Food License, or similar, with the following requirements:
(1)
Only one homesteading stand shall be allowed per property.
(2)
All items for sale must be either grown or produced on-site.
(3)
The homesteading stand shall be temporary in nature such as a cart, small trailer, or small structure no larger than 24 square feet in area.
(4)
The homesteading stand shall be located on the property or set back a minimum of 10 feet from the edge of pavement of the frontage street, whichever is further.
(5)
The homesteading stand shall not exceed eight feet in height unless part of an existing structure.
(6)
The homesteading stand must be maintained in good condition.
(7)
One sign may be placed advertising the homesteading stand in accordance with the following:
(a)
The maximum size shall not exceed four square feet.
(b)
The sign may not be lit.
(c)
The sign shall not be placed in the right-of-way nor in a location where it will impede any sight lines.
(d)
The sign shall be removed any time the homesteading stand is removed or not open.
§ 415-41 Farm wineries.
A farm winery shall meet all of the following conditions:
A.
All refuse areas shall be screened from view off-site and subject to all setbacks required for the district and a minimum of 100 feet from any dwelling on an adjacent lot; and
B.
One projecting sign, up to 10 square feet, shall be permitted.
C.
Any for-fee activities which fall under the definition of a "banquet facility" shall not be hosted on the property until a special permit for a banquet facility is obtained.
§ 415-42 Greenhouses/Nurseries, commercial.
[Amended 4-14-2025]
Greenhouses and commercial nurseries shall meet all of the following requirements:
A.
The minimum lot size shall be five acres;
B.
The maximum total floor gross area devoted to a commercial growing and selling business shall be 20,000 square feet (including all greenhouses, hoop houses, sheds and other buildings or covered structures related to the growing and selling business);
C.
The lot shall meet the frontage requirement of the district in which it is located. All structures shall be located not less than 100 feet from the street line and 100 feet from any dwelling on an adjacent lot. The side yard setback shall be not less than 50 feet for all buildings, parking areas and driveways; and
D.
Parking spaces shall be located to the rear and the side of the sales building and may be required to be screened from view from the road. The number of parking spaces required shall be as set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
§ 415-43 Helipads.
[Added 7-28-2025[1]]
The purpose of this section is to allow, by special permit, the construction of helipads as an accessory use as provided for herein.
A.
A helipad may be approved as part of a special permit for a medical office, large format to allow for the medical transport to and from the facility by licensed medical transport operators authorized by the owner/operator of the medical facility.
B.
A helipad may be approved for landing and takeoff of helicopters restricted to the private use by the owner of the property where the helipad is located or by persons authorized by the owner with the following provisions:
(1)
Helipads may be allowed only in the zones as noted in Appendix A, Use Table[2];
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
The design of the helipad shall meet the criteria provided in the Federal Aviation Administration’s Heliport Design Guide, Advisory Circular No. 150/5390-2B dated September 30, 2004, as revised or amended. Fire protection measures and equipment shall meet recommendation as enumerated in the FAA Heliport Design Guide and all expenses associated with such measures and equipment shall be borne by the helipad owner. The helipad receives any and all licenses required for such facilities by applicable state or federal law or regulation. All licenses received must be kept current;
(3)
The subject property where the helipad is to be located is no less than five acres in size;
(4)
The helipad shall be located entirely on the applicant’s property and shall be no less than 100 feet from any property line, and no less than 500 feet from any residential structure, other than that used by the owner of the property. The Commission shall review the density of the neighborhood as one of the considerations of approval;
(5)
No maintenance or supply facility or facility for the storage of fuel shall be permitted on the site;
(6)
The hours of operation shall be determined as part of the special permit with consideration of the location and nearby uses, and may include seasonal variations with the exception of an emergency;
(7)
The helipad use shall be limited to personal, noncommercial use. The facility shall be used only by the owner and their authorized guests;
(8)
As part of any approval, permission is granted to the federal, state, and local emergency services to use the helipad as needed for emergency situations (Life Star, State Police, etc.).
[1]
Editor's Note: This amendment also renumbered former §§ 415-43 through 415-54 as §§ 415-44 through 415-55, respectively.
§ 415-44 Home farming.
[Amended 4-14-2025]
Home farming shall be permitted on lots of a minimum of three acres only; provided that not more than 20 chickens or similar poultry may be kept on a smaller lot in a building or enclosure that is not less than 20 feet from any property or lot line. In no event shall more than 20 chickens be kept and no roosters may be kept on any lot in a TC, TCR or TSF District.
§ 415-45 Home occupations.
A.
Home occupation special permit. All applicants for a home occupation use shall make application for a special permit.
B.
A special permit shall not be issued for a home occupation unless an applicant satisfactorily demonstrates that the home occupation satisfies all of the following requirements in addition to the requirements for all special permits:
(1)
Is secondary to the residential use of the property;
(2)
Does not change the residential character of the property in any visible manner;
(3)
Does not create objectionable noise, odor, vibrations, waste or unsightly conditions that are noticeable off-premises;
(4)
Does not interfere with radio and television reception in the vicinity and does not create a health or safety hazard;
(5)
Any equipment used in association shall be customarily incidental to the residential use;
(6)
Only immediate members of the household on the lot may work in the home occupation;
(7)
Except for fruits and vegetables grown on the premises, no display shall be visible from the street;
(8)
Articles not made, raised or grown on the premises may not be sold on the lot; and
(9)
The total floor area occupied by such home occupation does not exceed 25% of the dwelling floor area above the basement.
§ 415-46 Industrial heritage reuse.
A.
Adaptive reuse. For properties containing historic mills built prior to 1940 and where such mill buildings shall be rehabilitated into diversified development opportunities, the Commission may approve a residential, commercial, light industrial or mixed uses in order to:
(1)
Encourage renovation and/or adaptive reuse of Winchester's historic mills;
(2)
Promote diversified development opportunities;
(3)
Retain historic architectural features while adapting underutilized structures to community needs; and
(4)
Implement recommendations of the Plan of Conservation and Development.
B.
Factors for determination. In addition to the criteria for reviewing and determining a special permit, factors to be considered by the Commission in approving any such modifications shall, in addition to the requirements for all special permits, include:
(1)
Whether the historic mill building or elements possessing historic or architectural significance will be preserved to the extent feasible;
(2)
Whether any new buildings and/or building additions will be architecturally compatible with existing historic buildings and the neighborhood;
(3)
Whether adaptive reuse will address Winchester's development needs and, in the appropriate setting, provides space for business or retail establishments; and
(4)
Whether such modification will help accomplish goals and objectives contained in Winchester's Plan of Conservation and Development.
C.
Procedures.
(1)
As authorized by the Connecticut General Statutes, any applicant proposing a multiple-dwelling development is encouraged, but not required, to have an informal discussion with the Commission prior to preparing detailed plans, especially if such application involves the potential use for affordable housing.
(2)
When the Commission determines that additional technical expertise is needed as part of its review of an application to create multiple dwellings, it may contract for such technical expertise and charge the cost of such services to the applicant.
[Amended 4-14-2025]
D.
Allowances. Because developing these properties can be challenging due to their unique historical development patterns, nonconforming building footprints and environmental contamination, the following allowances may be made by special permit to allow effective redevelopment:
(1)
Setbacks for any new development. Any new development along a property line shall be no closer to that property line than any other portion of a building along that same property line existing as of the effective date of these regulations.
(2)
Coverage. Coverage can be as high as 100%, provided stormwater management practices, in accordance with the recommendations of the 2004 Connecticut Stormwater Quality Manual, as amended, are employed for the parcel in question to the extent that such practices are consistent with any site remediation plan approved by the State Department of Energy and Environmental Protection or the responsible licensed environmental professional.
[Amended 4-14-2025]
E.
Parking. Parking may be reduced to zero required spaces on-site, provided there are alternative parking spaces available off-site for the intended use, and that:
(1)
Such parking spaces are available in perpetuity by easement or other property right to the satisfaction of the Commission's legal counsel; and
(2)
Such parking is reasonably close to the development and not separated by topographic or other barriers; and
(3)
Such parking spaces are connected to the development by existing or proposed walkways, which shall be illuminated and maintained by the developer.
F.
Landscaping. The specific landscaping requirements contained within these regulations are not required under this provision, provided an appropriate amount of landscaping is included, taking into account contamination and any site remediation plan approved by the State Department of Energy and Environmental Protection.
§ 415-47 Marijuana facilities.
The Commission may grant, after holding a public hearing, a special permit for the operation of a licensed marijuana dispensary facility. In addition to the requirements for all special permits, the following conditions shall apply:
A.
Special permits shall be approved with the condition that the applicant obtains the appropriate dispensary facility permit issued by the State of Connecticut Department of Consumer Protection (or other state agency as regulatory changes occur).
B.
The conditional approval shall become finalized upon the receipt by the Zoning Enforcement Officer of a copy of the Department of Consumer Protection-issued permit.
C.
The conditional approval shall expire if the applicant fails to provide the Zoning Enforcement Officer with a copy of the Department of Consumer Protection-issued permit within six months of the date of the Commission's conditional approval.
D.
No medical marijuana dispensary facility shall be allowed within the same building, structure or portion thereof that is used for residential purposes.
E.
The Commission will consider the proximity of the proposal to schools, churches, public buildings, parks and other places of public gatherings.
F.
A six-month extension of such conditional approval may be granted to the applicant upon written notification to the Zoning Enforcement Officer that an application for a Department of Consumer Protection permit has been filed, indicating the expected decision date of the Department of Consumer Protection permit.
§ 415-47.1 Middle housing and mixed-use developments.
[Added 6-22-2026]
A.
Intent.
(1)
The intent of this section is to establish the review process, construction standards, and site design requirements for middle housing and mixed-use developments as defined herein when located in certain zones.
B.
Applicability.
(1)
This section shall apply to developments which include between two and nine residential units contained within one or more buildings when proposed in one of the zones as shown in Appendix A — Table of Uses and Minimum Parking Requirements.
(2)
Middle housing as defined herein shall include the following developments as outlined in November Special Session Public Act 25-1:
(a)
Middle housing development. A residential building containing not less than two dwelling units but not more than nine such units, including, but not limited to, townhouses, duplexes, triplexes, perfect sixes and cottage clusters.
(b)
Mixed-use development. A development containing both residential and nonresidential uses in any single building when the number of residential units is between two and nine.
C.
Review process.
(1)
Applications for Middle Housing within the TCR or TSF Zones shall require a special permit in accordance with § 415-24.
(2)
Applications for middle housing and mixed-use middle housing developments in the TC, TG, and HLB Zones shall be submitted and reviewed in accordance with the following:
(a)
All applications shall be submitted in a manner as determined by the Commission and shall include:
[1]
A completed application form.
[2]
A site plan depicting property lines, existing and proposed structures, parking, lighting, utilities, applicable setbacks, landscaping etc., as more particularly described by § 415-22.
[3]
An erosion and sedimentation control plan, as outlined in § 415-23, and which meets the most recent standards adopted by the CT DEEP.
[4]
Building elevations demonstrating compliance with the design requirements established herein.
[5]
Floorplan(s) depicting all interior space, prepared by a licensed architect.
[6]
A stormwater management plan which complies with the Stormwater Quality Manual adopted by DEEP (2024) and the standards of § 415-24.
[7]
Adherence to the low impact design guidelines established in § 415-16.
(3)
The Commission's evaluation of a middle housing application shall be through the summary review process. Accordingly, while such developments shall be permitted without the need to obtain a special permit, variance or conduct a public hearing, it remains the applicant's responsibility to demonstrate that all standards established herein have been met.
If, upon review, the Commission determines that an application would have a substantial adverse impact on public health or safety, and that such impact cannot be adequately mitigated through modifications to the application, the Commission may deny the application.
D.
Middle housing: building type standards.
Building Siting Criteria: Duplex + Triplex | ||||||
|---|---|---|---|---|---|---|
Zone HLB | Zone TC | Zone TG | Zone TCR | Zone TSF | ||
1 | Multiple Principal Buildings | Permitted provided total unit count does not exceed 9 Units | ||||
2 | Minimum Front Lot Line Coverage | None Required | 80% | None Required | ||
3 | Minimum Front Setback from Property Line (ft) | 5* | Min: 0* Max: 5 | 30* | 10 | 25 |
4 | Minimum Side Setback (ft) | 5 | Min: 0 Max: 3 | 15 | 10 | 10 |
5 | Minimum Rear Setback | 30 | 10 | 30 | 10 | 25 |
6 | Minimum Lot Width (for newly created lots) | 40 | 100 | 100 | 150 | 150 |
7 | Maximum Building Coverage | 75% | 25% | |||
8 | Maximum Impervious Area | 75% | 50% | 30% | 40% | |
9 | Parking & Detached Garage Location | Rear Yard | Rear or Side Yard | |||
12 | Permitted Vehicular Access | One access driveway per lot; shared driveways encouraged | ||||
14 | Maximum Overall Height (stories) | 2 | Set by maximum height in feet | |||
15 | Maximum Overall Height (feet) | 35 | 40 | 40 | 50 | 35 |
16 | Required Building Separation | 15 | 5 | 15 | 15 | 15 |
17 | Maximum Unit Size | 2 Bedrooms | No Limit | |||
Notes: | |
|---|---|
* | See Subsection E(2)(b)[1] for possible exceptions. |
Building Type: Duplex (two units)  |
Building Type: Triplex (three units)  |
Building Type: Mixed-Use  |
Building Siting Criteria: Fourplex & Multiplex | ||||||
|---|---|---|---|---|---|---|
Zone HLB | Zone TC | Zone TG | Zone TCR | Zone TSF | ||
1 | Multiple Principal Buildings | Permitted provided total unit count does not exceed 9 Units | ||||
2 | Minimum Front Lot Line Coverage | None Required | 80% | None Required | ||
3 | Minimum Front Setback from Property Line (ft) | 5* | Min: 0* Max: 5 | 30* | 10 | 25 |
4 | Minimum Side Setback (ft) | 5 | Min: 0 Max: 3 | 15 | 10 | 10 |
5 | Minimum Rear Setback | 30 | 10 | 30 | 10 | 25 |
6 | Minimum Lot Width (for newly created lots) | 40 | 100 | 100 | 150 | 150 |
7 | Maximum Building Coverage | 75% | 25% | |||
8 | Maximum Impervious Area | 75% | 50% | 30% | 40% | |
9 | Parking & Detached Garage Location | Rear Yard | Rear or Side Yard | |||
12 | Permitted Vehicular Access | One access driveway per lot; shared driveways encouraged | ||||
14 | Maximum Overall Height (stories) | 2 | Set by maximum height in feet | |||
15 | Maximum Overall Height (feet) | 35 | 75 | 50 | 50 | 35 |
16 | Required Building Separation | 15 | 5 | 15 | 15 | 15 |
17 | Maximum Unit Size | 2 Bedrooms | No Limit | |||
Note: | |
|---|---|
* | See Subsection E(2)(b)[1] for possible exceptions. |
Building Type: Fourplex (four units)  |
Building Type: Multiplex (five to nine units)  |
Mixed Use  |
Building Siting Criteria: Cottage Cluster | ||||||
|---|---|---|---|---|---|---|
Zone HLB | Zone TC | Zone TG | Zone TCR | Zone TSF | ||
1 | Multiple Principal Buildings | Permitted provided total unit count does not exceed 9 Units | ||||
2 | Minimum Front Lot Line Coverage | None Required | 80% | None Required | ||
3 | Minimum Front Setback from Property Line (ft) | 5* | Min: 0* Max: 5 | 30* | 10 | 25 |
4 | Minimum Side Setback (ft) | 5 | Min: 0 Max: 3 | 15 | 10 | 10 |
5 | Minimum Rear Setback | 30 | 10 | 30 | 10 | 25 |
6 | Minimum Lot Width (for newly created lots) | 40 | 100 | 100 | 150 | 150 |
7 | Maximum Building Coverage | 75% | 25% | |||
8 | Maximum Impervious Area | 75% | 50% | 30% | 40% | |
9 | Parking & Detached Garage Location | Rear Yard | Rear or Side Yard | |||
12 | Permitted Vehicular Access | One access driveway per lot; shared driveways encouraged | ||||
14 | Maximum Overall Height (stories) | 2 | Set by maximum height in feet | |||
15 | Maximum Overall Height (feet) | 35 | 40 | 35 | 35 | 35 |
16 | Required Building Separation | 15 | 5 | 15 | 15 | 15 |
17 | Maximum Unit Size | 2 Bedrooms | No Limit | |||
Notes: | |
|---|---|
* | See Subsection E(2)(b)[1] for possible exceptions. |
Building Type: Cottage Cluster  |
Example Unit Configuration  |
Building Siting Criteria: Commercial Conversions* | ||||||
|---|---|---|---|---|---|---|
Zone HLB | Zone TC | Zone TG | Zone TCR | Zone TSF | ||
1 | Multiple Principal Buildings | Permitted provided total unit count does not exceed 9 Units | ||||
2 | Minimum Front Lot Line Coverage | None Required | 80% | None Required | ||
3 | Minimum Front Setback from Property Line (ft) | 5** | Min: 0** Max: 5 | 30** | 10 | 25 |
4 | Minimum Side Setback (ft) | 5 | Min: 0 Max: 3 | 15 | 10 | 10 |
5 | Minimum Rear Setback | 30 | 10 | 30 | 10 | 25 |
6 | Minimum Lot Width (for newly created lots) | 40 | 100 | 100 | 150 | 150 |
7 | Maximum Building Coverage | 75% | 25% | |||
8 | Maximum Impervious Area | 75% | 50% | 30% | 40% | |
9 | Parking & Detached Garage Location | Rear Yard | Rear or Side Yard | |||
12 | Permitted Vehicular Access | One access driveway per lot; shared driveways encouraged | ||||
14 | Maximum Overall Height (stories) | 2 | Set by maximum height in feet | |||
15 | Maximum Overall Height (feet) | 35 | 75 | 50 | 35 | 35 |
16 | Required Building Separation | 15 | 5 | 15 | 15 | 15 |
17 | Maximum Unit Size | 2 Bedrooms | No Limit | |||
Note: | |
|---|---|
* | These requirements shall only apply to any additions or changes made to the building being converted. Existing buildings may be converted regardless of their adherence to the bulk standards within. |
** | See Subsection E(2)(b)[1] for possible exceptions. |
Building Type: Commercial Conversion | |
|---|---|
BEFORE | AFTER |
 |  |
 |  |
 |  |
Building Siting Criteria: Mixed-Use Middle Housing | ||||
|---|---|---|---|---|
Zone HLB | Zone TC | Zone TG | ||
1 | Multiple Principal Buildings | Permitted provided total unit count does not exceed 9 Units | ||
2 | Minimum Front Lot Line Coverage | None Required | 80% | None Required |
3 | Minimum Front Setback from Property Line (ft) | 5* | Min: 0* Max: 5 | 30* |
4 | Minimum Side Setback (ft) | 5 | Min: 0 Max: 3 | 15 |
5 | Minimum Rear Setback | 30 | 10 | 30 |
6 | Minimum Lot Width (for newly created lots) | 40 | 100 | 100 |
7 | Maximum Building Coverage | 75% | ||
8 | Maximum Impervious Area | 75% | 50% | |
9 | Parking & Detached Garage Location | Rear Yard | ||
12 | Permitted Vehicular Access | One access driveway per lot; shared driveways encouraged | ||
14 | Maximum Overall Height (stories) | 2 | Set by maximum height in feet | |
15 | Maximum Overall Height (feet) | 35 | 75 | 50 |
16 | Required Building Separation | 15 | 5 | 15 |
17 | Maximum Unit Size | 2 Bedrooms | No Limit | |
Note: | |
|---|---|
* | See Subsection E(2)(b)[1] for possible exceptions. |
E.
Middle housing: building and site requirements.
(1)
Building materials and design.
(a)
Primary materials. 80% of each facade shall be constructed of primary materials. For facades over 1,000 square feet, more than one material shall be used to fulfill the 80% requirement.
[1]
Permitted primary building materials include: high quality, durable, natural materials, such as stone, brick; wood lap siding; lapped, shingled, or panel fiber cement board siding; glass.
 |
(b)
Roof materials. Acceptable roof materials include 300 pound or better, dimensional asphalt composite shingles, wood shingles and shakes, metal tiles or standing seam, slate, and ceramic tile.
(c)
Building elements. All buildings shall include or be retrofitted to include building elements, features and treatments as shown in the examples provided for each building type above. Such design is expected to incorporate:
[1]
Fascia boards;
[2]
Bay windows;
[3]
Modulation;
[4]
Chimneys or cupolas;
[5]
Shutters;
[6]
Pilasters;
[7]
Expression lines.
(d)
Roof types. For middle housing developments, the following roof types are permitted, as shown.
 |
[1]
Gable;
[2]
Hip;
[3]
Gambrel;
[4]
Saltbox;
[5]
Mansard.
(e)
Unit configuration.
[1]
Each unit shall contain fully independent living facilities including provisions for living, sleeping, eating, cooking sanitation, laundry and storage of personal items.
[2]
To the extent allowed by any applicable building or fire codes, each unit shall contain operable windows.
(2)
Site layout and design.
(a)
Parking.
[1]
Where provided, parking shall not be located in a front or side yard.
[2]
Where provided, parking spaces shall not be located adjacent to the primary building.
(b)
Orientation.
 |
[1]
Contextual setback. In lieu of the required front build to zone requirements, when a new building is proposed to be located in between two or more existing buildings, the contextual setback as outlined in the figure shall be utilized to ensure the established development patterns are maintained.
[2]
Buildings should be oriented toward the public street or to interior greenspace for a cottage cluster development.
(c)
Landscape design
[1]
Foundation plantings. Each building shall include foundation plantings of at least four shrubs per 20 lineal feet of building length. Plantings shall include a mix of 60% evergreens and 40% flowering shrubs. All shrubs shall be at least three-gallon in size at time of planting.
 |
[2]
Trees. One street tree shall be provided for every 30 feet of street frontage. Such trees may be deciduous or evergreen. Deciduous trees shall be at least two inches caliper at time of planting and evergreen trees shall be at least eight feet in height at time of planting. All trees shall be guaranteed for one year after planting.
 |
[3]
Ground areas. All unpaved ground areas shall be landscaped with grass or groundcovers. Gravel, pea-stone, or mulch shall not be permitted except within tree or shrub planting beds.
[4]
Landscape buffer. A planted landscape buffer, not less than 15 feet in width shall be provided when such development is adjacent to a commercial use. Buffers shall include a mix of native coniferous and deciduous trees and shrubs, including:
[a]
Trees. At least one medium or large shade tree and one understory tree every linear 40 feet.
[b]
Continuous double row of shrubs required between shade trees: Composition must include a double row of individual shrubs with a minimum width of 18 to 24 inches at planting and 36 inches at maturity, spaced no more than 36 inches on center; a minimum height of 24 inches in one year and maximum height of 48 inches.
[c]
Additional screening may be provided through the use of vinyl or wood fencing, not to exceed six feet in height.
(d)
Open space and resident amenities.
[1]
At least 1,000 square feet of green space shall be provided on the lot for each unit proposed. Such space shall include some form of outdoor seating which is shaded or otherwise protected and play space for children and pets.
(3)
Additional standards.
(a)
Relief from requirements. In situations where incorporation of the building design standards established by Subsection E(1) or the site layout and design standards established by Subsection E(2) above would create an unreasonable burden which would jeopardize reuse of an existing building, the applicant may request partial deviation from such standards by special permit which may be issued by the Commission.
§ 415-48 Multifamily dwellings.
[Amended 4-14-2025; 6-22-2026]
Dwelling units in multifamily dwellings may be owned by a single owner or individually by tenants, or both, but the lot shall be held in unified ownership and shall meet all of the following requirements:
A.
No apartment building shall have more than 30 dwelling units contained therein. Buildings with more than 12 dwelling units shall be varied substantially in plane along the building's length;
B.
Off-street parking shall be provided as follows:
(1)
One parking space for each efficiency or one-bedroom unit.
(2)
Two parking spaces for each two + bedroom unit.
C.
No site shall contain more than four dwelling units for each 40,000 square feet of usable site area, except in TC and TCR and HLB Districts. "Usable site area" shall be defined as land other than regulated inland wetlands and watercourses, 100-year flood hazard areas as defined by the Federal Emergency Management Agency and as shown on Flood Hazard Area Maps on file in the office of the Commission, land subject to existing easements which prohibit building or development, and 50% of all land with a slope in excess of 25% as delineated on a site plan map showing topographic contours based upon a field or aerial survey and certified by a Connecticut-licensed surveyor;
D.
In general, the design of the project, including building spacing, shall provide adequate light, air and privacy to the dwellers and provide ample separation distances to assure proper provisions for safety;
E.
Recreation facilities, open spaces and facilities suitable for active and passive recreation shall be provided to serve the project and shall be so designed and specified that a performance bond may be drawn. Said areas shall be adequately protected from streets, driveways and parking areas;
F.
Main interior walks shall be of sufficient width and construction to serve emergency vehicles and apparatus if a structure is not served by a roadway or parking lot on one side along its length;
G.
Each lot line, except street lines, shall be paralleled by a continuous buffer strip at least 15 feet wide, planted with a mixture of evergreen and deciduous shrubs and trees, which shall be maintained in order to protect adjacent lots and the neighborhood in general from detriment. If adapting an existing building which lacks the yard required for this full buffer strip, it may be reduced by the Commission if ample screening is shown to be present;
H.
All multifamily dwellings shall be connected with a municipal sewer system or with a private sewage disposal system approved by the Torrington Area Health District; and
I.
All multifamily dwellings shall have adequate refuse collection and recycling facilities, which shall include no less than one enclosed (100% opaque on three sides and at least eight feet high) dumpster pad, dumpster and recycling container for every 10 dwelling units.
§ 415-49 Open space subdivisions.
A.
General. Open space subdivisions are established to provide flexibility in land development by allowing for cluster residential developments in RR and TSF Districts only. They are intended to provide open space, conservation and recreation areas, both active and passive. To the extent practicable, they are intended to preserve the natural and scenic qualities of the site and its surrounding neighborhood, including wetlands, watercourses, ridgetops, existing stands of mature vegetation, rock outcrops, scenic and historic sites, to protect water quality, natural drainage system and areas of affordable housing in conformance with the policies set forth in the plan of development. All open space subdivisions shall require a special permit.
[Amended 4-14-2025]
B.
Minimum site area. No open space subdivision shall be approved on a lot, or assemblage of lots, that is/are less than 10 acres in area.
C.
Number of subdivision lots. The number of lots in an open space subdivision shall not exceed the number of lots that would otherwise be permitted in the underlying zoning district. Such lot number shall be determined by the preparation of a yield plan that depicts a realistic subdivision that would comply with all applicable regulations and codes. The Commission may evaluate the feasibility of the yield plan and reduce the number of lots as part of its review of the open space subdivision. The Commission has flexibility and discretion in determining the number and dimension of lots in the open space subdivision when in its judgment the shape, topography, existence of wetlands or watercourses or other unique features should be preserved for the benefit of the community as a whole or the subdivision.
D.
Minimum required open space. The open space shall be at least equal to the total reduction in lot area of each lot, but in no event shall open space in the subdivision be less than 30% of the total area of the subdivision. All open space in the subdivision shall be common areas maintained at all times by an owners' association legally established under Connecticut law or deeded to a land trust, the town or state, proof of which shall be provided to the Commission prior to endorsement of the final plans and filing with the Town Clerk. Where conveyance is to be to the Town, the state or a land trust, the applicant shall provide written indication such entity will accept the conveyance of the open space; where conveyance is to be to a homeowners' association, the proposed declaration, bylaws and other documents shall be provided at the time of application.
E.
Conformance to other regulations. Lots in an open space subdivision need not conform to the building placement or lot dimension requirements of the underlying zoning, provided that they conform to all other regulations of the district, including, but not limited to, use.
F.
Relation to other lots. An open space subdivision shall be buffered from adjacent lots by a buffer that is equal to 150% of the rear setback requirement for the district in which it is located and with landscape buffers in the discretion of the Commission.
G.
Adequate utilities. The open space subdivision shall be served by all public utilities; provided that for any lots in the subdivision that are 30,000 square feet or larger in area, the Commission may permit an alternative method of water supply or sewage disposal as long as such systems are approved by the Commission and, as appropriate, the Connecticut Department of Energy and Environmental Protection and the Torrington Area Health District.
H.
Provision for natural resources. In addition to all other submission requirements for an application for a special permit, an applicant for an open space subdivision shall provide a natural resource review report, which shall describe and illustrate any and all natural resources found on the proposed site, including, but not limited to, the following:
(1)
Wetlands, water bodies and watercourses;
(2)
Floodplains, including FEMA-designated 100-year floodplain;
(3)
Soil types;
(4)
Existing woodlands and individual trees with a caliper of 12 inches or greater;
(5)
Evidence of any threatened or endangered species; and
(6)
Other unique flora or fauna, geological features or cultural/historical resources such as stone walls.
§ 415-50 Public safety facilities.
A public safety facility shall meet all of the following requirements:
A.
The scale and design of the structures is compatible with the neighborhood;
B.
Landscape planting or other visual separation is provided to minimize the effects of the use on neighboring properties; and
C.
Building plans of the structure and a site plan showing conformance with the above criteria shall have been submitted to the Commission and a special permit obtained for the use.
§ 415-51 Public utility facilities.
Any public utility facility subject to local zoning authority in accordance with C.G.S. § 16-235 shall require a special permit. This includes any steam plant, gas plant, gas tank or holder, water tank, electric substation, antenna or earth station receiver of any public service company where such facility is not subject to the jurisdiction of the Connecticut Siting Council. (Note: Regarding "telecommunications facilities," see § 415-53, Telecommunications facilities.)
A.
Special permit criteria and standards for all utility facilities. In addition to the requirements for all special permits, the following shall be required:
(1)
Wherever possible, public utility facilities shall be located in a PI District. Where a public utility facility is proposed in a residence district, the applicant shall provide documentation that the facility is not feasible or suitable for location in a PI District.
(2)
The applicant shall demonstrate that the location and size of the proposed site was selected to minimize the visual impact of the proposed facility on surrounding residential areas.
(3)
The site plan for all public utility facilities shall include all of the following:
(a)
Landscape plan prepared by a registered landscape architect, which shall show how the facility will be screened from surrounding residential uses to the extent feasible in consideration of the height of the facility; and
(b)
Existing treescape and other natural features to be preserved to screen the view of the facility from public streets and surrounding residential areas.
(4)
Area shall have adequate access control for safety and security.
B.
Minimum lot size. The minimum lot size for an electric substation in a residence district shall be three acres. Yard requirements shall be as provided for in the residential district in which the facility is located. Front, side or rear yard shall not be developed or used for equipment or storage.
C.
Total floor area. The total floor area of any water or sewer pumping station shall not exceed 300 square feet.
§ 415-52 Roadside-oriented limited retail enterprises.
[Amended 4-14-2025]
A small retail enterprise, store or shop may be permitted as a special permit in the RR District and a permitted use in the TG District, provided that all of the following requirements, in addition to the requirements for all special permits, where required, are met:
A.
The business is conducted in a residential dwelling occupied by only one family, and the occupants shall be the owner or operator of the establishment.
B.
Any structural alteration or additions, or new construction, shall be in the scale and character of the residential dwelling and the neighborhood.
C.
Adequate off-street parking shall be provided, not closer than 50 feet to the street right-of-way, nor closer than 50 feet to the nearest residential structure on property under other ownership.
D.
One freestanding sign only is permitted in the front yard not closer than 20 feet to the street right-of-way line.
E.
There shall be no outdoor display of merchandise or articles, except that an antique (nonautomotive) may be displayed in connection with an antique shop.
F.
Uses permitted may include an antique shop, gift shop, tea room or use that the Commission shall find to be similar as to traffic generated, extent of the enterprise, noise or odor generated and compatibility of the use with the neighborhood. Where applicable, in the judgment of the Commission, a site plan may be required to clarify an approval in a specific application.
§ 415-53 Telecommunications facilities.
A.
Statement of purpose. This regulation establishes standards and requirements and permitting procedures for wireless communication facilities that are subject to local zoning regulation in Connecticut. Its purpose is to regulate the placement of antennas, towers and their regulated wireless communication facilities to protect the health, safety and welfare of the Town; and:
(1)
To provide for locations consistent with the Plan of Conservation and Development (POCD) and the purposes of these regulations;
(2)
To minimize adverse visual effects through proper design, siting and screening;
(3)
To avoid potential damage to adjacent properties; and
(4)
To provide for orderly removal of abandoned facilities.
B.
Use regulations.
(1)
Exemptions. The following shall be exempt from these telecommunications facilities regulations:
(a)
Repair and maintenance of towers and antennas.
(b)
Antennas used solely for residential television and radio reception.
(c)
Satellite antennas measuring two meters or less in diameter and located in commercial districts, and satellite antennas measuring one meter or less in diameter regardless of location. (Note: This requirement is established pursuant to a FCC ruling preempting local regulation of satellite antennas.)
(2)
Permitted uses. The following regulated facilities located on existing structures or co-located shall be permitted uses in all districts; however, all such uses in any such district shall require the issuance of a special permit:
(a)
A regulated facility which is completely camouflaged and not recognizable as part of a wireless facility, such as within a flagpole, steeple, chimney or similar structure.
(b)
A regulated facility on an existing structure (whether or not it is conforming in terms of height), including but not limited to a guyed, lattice or monopole tower, fire tower or water tower, provided it does not increase the height of the existing structure.
(c)
An antenna(s) located on an electric transmission and distribution tower, telephone pole and similar existing utility structure. The installation may increase the height of the existing structure by no more than 20 feet, except in designated historic districts (or other historic or scenic areas of the Town as shown on a map on file in the office of the Town Clerk) or within 150 feet of the paved portion of a Town road or state highway proposed for or designated as a scenic road or highway.
(d)
May be located on a building or structure legally nonconforming with respect to height, provided it does not project either above the building or the height limit of the zoning district by more than 10 feet.
(e)
Regulated facilities located on existing structures or co-located that do not qualify as a permitted use.
(f)
All ground-mounted towers.
C.
General standards and requirements for all regulated facilities.
(1)
Location. Wherever feasible, regulated facilities shall be located on existing structures, including but limited to buildings, water towers, existing telecommunications facilities, utility poles and towers, provided the installation preserves the character and integrity of those structures.
(a)
Applicants are urged to consider use of existing telephone and electric utility structures as sites for regulated facilities.
(b)
The PI Production and Innovation District is considered a preferred location for new freestanding towers.
(c)
The following zoning districts are the least preferred locations for freestanding towers:
[1]
Town Single Family.
[2]
Town Center Residential.
[3]
Town Center.
[4]
Town Gateway.
[5]
Highland Lake Districts.
[6]
Rural Residential.
(2)
Site justification for ground-mounted tower. An application for a ground-mounted tower shall include a detailed site justification report which:
(a)
Provides written documentation of all regulated facility sites in the Town and any facility sites outside of the Town that are within five miles of the proposed site, in which it has a legal interest, whether by ownership, leasehold or otherwise. From each such regulated facility site, it shall demonstrate with written documentation that these facility sites are not already providing, or do not have the potential by adjusting the site to provide, adequate coverage and/or adequate capacity to the Town.
(b)
Demonstrates that the proposed location (which includes both tower positions and antenna height) is superior to other potential locations for the proposed uses.
(c)
Documents that signal strength service objectives are consistent with accepted engineering practice for all proposed uses of the tower.
(d)
Includes complete and accurate propagation plots in relation to scaled elevation drawings addressing all facilities to be installed on the tower.
(e)
Demonstrates that for each proposed use of the tower the proposed height is the minimum necessary to provide adequate coverage as defined in federal guidelines and accepted engineering practice.
(f)
Demonstrates that the tower can accommodate both the applicant's antennas and at least two other carriers' antennas and a municipal antenna if the tower is over 100 feet high.
(3)
Visibility; camouflage and color. The Commission shall apply the following standards and requirements to minimize the visual impact of proposed regulated facilities:
(a)
Requirements for existing buildings or structures:
[1]
Roof mount. Where a roof mount extends above the roof, the applicant shall demonstrate that every effort has been made to conceal the mount within or behind existing architectural features to limit visibility from public streets.
[2]
Side mount. Side mounts shall blend with the existing architecture and, if over five square feet, shall be painted or shielded with material consistent with the design features and materials of the building.
[3]
Mounts and antennas located on an historic structure shall be fully removable without diminishing the historic quality of the structure.
[4]
Regulated facilities in an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
(b)
Requirements for proposed ground-mounted towers. Proposed ground-mounted towers shall provide a vegetated buffer of sufficient height and a depth of not less than 50 feet to screen the facility to the extent feasible. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility, or a combination of both. Where it is not feasible to fully buffer a facility, the applicant shall submit a landscape plan prepared by a Connecticut-licensed landscape architect. The landscape plan shall recommend the type of tree and plant materials and depth of buffer appropriate to the site, design, height and location of the facility. The Commission may require reasonable modifications to the landscape plan where it determines such are necessary to minimize the visual impact of the facility on the neighborhood and community character.
(c)
Scenic roads and areas.
[1]
The Commission may approve a ground-mounted tower located in an open area visible from a public road, recreational area or residential development only where it has been demonstrated by the applicant to the satisfaction of the Commission that the proposed service cannot be reasonably provided in a location on an existing structure or a co-location.
[2]
A regulated facility located within 300 feet of a Town- or state-designated scenic road shall not exceed the height of vegetation at the proposed location.
(d)
Tree cover and sight line information. Where the Commission determines that tree cover and/or sight line information, including viewpoints (points from which view is taken) and visible points (points being viewed), are necessary to determine compliance with the standards in this section, it shall require the following:
[1]
Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.
[2]
Sight lines and photographs.
[a]
A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the regulated facility. Each sight line shall be depicted in profile, drawn at a scale of one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet, there shall be at least two sight lines from the closest habitable structures or public roads, if any.
[b]
Existing (before) condition photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet.
[c]
Proposed (after) condition photographs. Each of the existing condition photographs shall have the proposed regulated facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.
[3]
Sight elevations. Sighting elevations, or views at-grade from the north, south, east and west for a fifty-foot radius round the proposed regulated facility, plus from all existing public and private roads that serve the subject property. Elevations shall be at either 1/4 inch equals one foot or 1/8 inch equals one foot scale and show the following:
[a]
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
[b]
If the security barrier will block views of the regulated facility, the barrier drawing shall be cut away to show the view behind the barrier.
[c]
Any and all structures on the subject property.
[d]
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
[e]
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contour above mean sea level.
(4)
Environmental and safety standards. No hazardous waste shall be discharged on the site of any regulated facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
(5)
Radiofrequency radiation (RFR) standards and requirements. The applicant shall provide documentation that all equipment proposed for a regulated facility is authorized according to FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines), or its successor publication.
D.
Additional standards and requirements for ground-mounted tower special permit uses.
(1)
Feasible alternative. Where a ground-mounted tower is proposed, the applicant shall have the burden of proving that there are no feasible existing structures or co-location sites upon which to locate.
(2)
Lot size. All ground-mounted towers and their equipment shelters shall require a lot of not less than that required for the district zone in which the site is located. In addition, the following setbacks shall be required.
(3)
Setback. In order to ensure public safety, the fall district shall not include or encompass any property line, road, habitable dwelling, business or institutional use, or public recreational area or any other structure. In its consideration of the visual and safety impacts of a proposed ground-mounted tower, the Commission may reduce the required setback area (as required above) by not more than 50% or allow the setback to be measured into a neighboring property where:
(a)
A monopole tower is proposed;
(b)
Such reduction permits a tower site plan with better camouflage and overall design than alternative sites;
(c)
The setback area within a neighboring property is not developed and will be subject to a legally binding agreement preventing development during the time the tower is in place.
E.
Application filing requirements. The following shall be included with an application for a special permit or site plan application for all regulated facilities. The Commission may not require one or more of the following for a permitted use site plan application.
(1)
General filing requirements.
(a)
Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants.
(b)
Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the regulated facility.
(c)
A licensed carrier shall either be an applicant or a co-applicant and shall provide documentation of qualifications as a "licensed carrier."
(d)
Original signatures for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant will be represented by an agent, an original.
(e)
Signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted.
(2)
Location filing requirements.
(a)
Identify the subject property by including the Town as well as the name of the locality, name of the nearest road or roads and street address, if any.
(b)
Tax Map and parcel number of subject property.
(c)
Zoning district designation for the subject parcel (submit copy of Town Zoning Map with parcel identified).
(d)
A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
(e)
A Town-wide map showing the other existing nonresidential wireless service facilities in the Town and outside the Town within three miles of its boundary.
(f)
The proposed locations of all existing and future wireless service facilities in the Town on a Town-wide map for this carrier.
(3)
Site plan requirements. The following site plan requirements shall be in addition to any other requirements of these regulations regarding site plans. Where the requirements of this section are more restrictive than those elsewhere in these regulations, these requirements shall apply. For a permitted use, the Commission may determine that the information specified herein is not needed to determine compliance with this regulation. A one-inch-equals-40-feet vicinity plan shall be submitted showing the following:
(a)
Property lines for the subject property.
(b)
Property lines of all properties adjacent to the subject property within 300 feet.
(c)
Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on the subject property and all adjacent properties within 300 feet.
(d)
Proposed location of antenna, mount and equipment shelter(s).
(e)
Proposed security barrier, indicating type and extent as well as point of controlled entry.
(f)
Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the regulated facility.
(g)
Distances, at-grade, from the proposed regulated facility to each building on the vicinity plan.
(h)
Contours at each two feet AMSL (see the definition of "elevation" in § 415-55) for the subject property and adjacent properties within 300 feet.
[Amended 4-14-2025]
(i)
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
(j)
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
(k)
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "sight lines" subsection below.
(4)
Design filing requirements.
(a)
Equipment brochures for the proposed regulated facility, such as manufacturer's specifications or trade journal reprints, shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(b)
Materials of the proposed regulated facility, specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(c)
Colors of the proposed regulated facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(d)
Dimensions of the regulated facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(e)
Appearance shown by at least two photographic superimpositions of the regulated facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. The Commission may determine that this information is not needed for a permitted use.
(f)
Landscape plan prepared by a Connecticut-licensed landscape architect, including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(g)
Within 21 days of filing an application for a special permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of a ground-mounted tower. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 15 days, but not more than 21 days, prior to the test.
(h)
If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed.
(5)
Federal environmental filing requirements.
(a)
The National Environmental Policy Act (NEPA) applies to all applications for wireless communication facilities. NEPA is administered by the FCC via procedures adopted as Subpart I, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any wireless communication facility proposed in or involving any of the following:
[1]
Wilderness areas.
[2]
Wildlife preserves.
[3]
Endangered species habitat.
[4]
Historical sites.
[5]
Indian religious sites.
[6]
Floodplains.
[7]
Wetlands.
[8]
High-intensity white lights in residential neighborhoods.
[9]
Excessive radiofrequency radiation exposure.
(b)
At the time of application filing, an environmental assessment that meets FCC requirements shall be submitted to the Commission for each regulated facility site that requires such an environmental assessment to be submitted to the FCC.
(c)
For all special permit uses, the applicant shall identify and assess the impact of the proposed facility on areas recommended for conservation as presented in the Town Plan and State Plan of Conservation and Development.
(d)
The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the facility that are considered hazardous by the federal, state or local government.
F.
Co-location.
(1)
Licensed carriers shall share facilities and sites where feasible and appropriate, thereby reducing the number of facilities that are standalone. All applicants for a special permit for a regulated facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
(a)
A survey of all existing structures that may be feasible sites for co-locating wireless service facilities;
(b)
Contact with all the other licensed telecommunication facility carriers operating in the service area of the proposed facility; and
(c)
Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
(2)
In the event that co-location is found to be not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Commission. The Commission may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant as provided in the Town Ordinance on Land Use Fees. The Town may deny a special permit to an applicant that has not demonstrated a good faith effort to provide for co-location.
(3)
If the applicant does intend to co-locate or to permit co-location, the Commission shall request drawings and studies which show the ultimate appearance and operation of the regulated facility at full build-out.
(4)
If the Commission approves co-location for a regulated facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit.
G.
Modifications. A modification of a regulated facility may require a special permit application where the following events apply:
(1)
The applicant and/or co-applicant wants to alter the terms of the special permit by changing the regulated facility in one or more of the following ways:
(a)
Change in the number of facilities permitted on the site; or
(b)
Change in technology used for the regulated facility.
(2)
The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.
H.
Monitoring and maintenance. The applicant and co-applicant shall maintain the regulated facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.
I.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue operation of a regulated facility, such carrier will notify the Commission by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the regulated facility shall be considered abandoned upon such discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the carrier shall physically remove the facility within 90 days from the date of abandonment or discontinuation of use. "Physically removed" shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(c)
Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.
(3)
If a carrier fails to remove a regulated facility in accordance with this subsection of this regulation, the Town shall have the authority to enter the subject property and physically remove the facility. The Commission may require the applicant to post a bond at the time of construction to cover costs for the removal of the regulated facility in the event the Town must remove the facility.
J.
Reconstruction or replacement of existing towers and monopoles. Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this regulation may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the Commission finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In making such a determination, the Commission shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety and/or reduction in visual and environmental impacts.
K.
Term of special permit. A special permit issued for any ground-mounted tower over 50 feet in height shall be valid for the maximum period allowed by Connecticut General Statutes.
§ 415-54 Wind and solar facilities.
A.
Windmills. Windmills are allowed by special permit as accessory uses to any residential or commercial use when they meet all of the following requirements, in addition to the requirements for all special permits:
(1)
The primary purpose of a proposed windmill(s) will be to provide power for the principal use of the property whereon said windmill(s) is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a windmill designed to meet the energy needs of the principal use.
(2)
The windmill and its location on the lot shall be designed to eliminate any nuisances to surrounding properties and to limit any noise from said windmill from being heard off the property where said windmill is located. The actual side and rear yard setbacks for a windmill shall be determined by the Commission and shall be based upon the height of the proposed windmill.
(3)
No variance shall be granted in connection with a proposed windmill to permit a height greater than 75 feet or the placement of a windmill so close to a lot line as to result in any portion of the windmill at any time, whether erect or in the event the windmill should fall or be toppled, to overhang, cross or otherwise extend beyond the lot line.
(4)
No windmill shall be located in any front or side yard.
(5)
The minimum lot size required for the erection, construction or placement of a windmill is five acres.
(6)
No windmill shall be allowed in any TSF, TC or TG District.
B.
Ground-mounted solar array. Solar arrays are allowed in connection with any residential or commercial use when they meet all of the following requirements, in addition to the requirements for all special permits:
(1)
Not allowed to be located in any front yard.
(2)
Not allowed to be attached to the front facade of any structure or building.
(3)
Wherever practical and possible, to be located on a property so as not to be visible from the public right-of-way.
C.
Roof-mounted solar array. Roof-mounted solar arrays are permitted via a zoning permit in all districts, provided they are mounted no higher than one foot above the roof on sloped residential roofs, but this requirement is exempt for flat roofs.
D.
Abandonment or discontinuation of use.
(1)
Upon abandonment or discontinuation of a windmill or solar array, the lot owner shall physically remove the facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
(a)
Removal of all mounts and equipment shelters from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(c)
Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition.
(2)
If a lot owner fails to remove a windmill or solar array in accordance with this section, the Town shall have the authority to enter the subject property and physically remove it. The Commission may require the applicant to post a bond at the time of construction to cover costs for the removal of the windmill or solar array in the event the Town must remove it.
