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ZONING REGULATIONS BOROUGH OF STONINGTON 1981 KFC 4058 S77 1981 -jm- AN' . . . . . . . . . . . . . S77 /7/g/ ZONING REGULATIONS BOROUGH OF STONINGTON BOROUGH OF STONINGTON PLANNING AND ZONING COMMISSION Members: Rose deR. York, Chairperson Alice Powers, Secretary Katherine Palmer Mason Anthony Robinson Charles Storrow Robert Sylvia Elizabeth Trumbull Alternate Members: Leon R. Noe Dorothy Papp ADOPTED: DECEMBER 1, 1981 EFFECTIVE: DECEMBER 14, 1981 AMENDED EFFECTIVE: ,Eli BOROUGH OF STONINGTON ZONING REGULATIONS Table of Contents Section Title Pages 1 Zones and Zone Boundaries ................ 1-1 2 Definitions ............................... 2-1 - 2-13 3 General Regulations ....................... 3-1 - 3-8 4 Use Regulations .................................... 4 1 Restricted Residence (RTR) ........... 4-1 - 4-3 4:2 Residence Preservation (RP) .......... 4-4 - 4-6 4.3 Residence (R) ........................ 4-7 - 4-9 4 4 Rural Residence,(RR) ................. 4-10 - 4-12 4:5 Reserved Land (Rb) ................... 4-13 - 4-14 4.6 Planned Commercial (PC) .............. 4-15 - 4-18 4.7 Planned Industrial (PI) .............. 4-19 - 4-20 4.8 Planned waterfront (PW) .............. 4-21 - 4-25 4.9 Planned Area Development (PAD) ....... 4-26 - 4-32 5 (Expansion Section) ................................ 6 (Expansion Section) ................... ............ 7 Excavation, Filling, or Removal of Earth Products ............................. 7-1 - 7-2 8 Nonconforming Uses, Buildings, or Structures ........................... 8-1 - 8-2 9 Off-street Parking and Loading ............ 9-1 9-4 10 Unified Sign Regulations .................. 10-1 10-4 '1 Administration and Enforcement ............ 11-1 11-2 12 Special Permit ............................ 12-1 12-9 13 Coastal Area Management ................... 13-1 13-2 14 Public Hearings ........................... 14-1 14-3 15 Separability (Validity) ................... 15-1 16 Effective Date ............................ 16-1 Section 1: Zones and Zone Boundaries 1.0 Statement of Purpose These Regulations are adopted under authority of Chapter 124 of the General Statutes of Connecticut, as revised, for the purpose of implementing the Master Plan of the Borough of Stonington, which Master Plan, and these Regulations, are designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision for transportation, water, sewerage, parks and other public requirements. They are further designed for the protection of historic sites and structures in the Borough, and consideration has been given to the character of the Borough as an historic waterfront community with a valuable natural harbor and coastal wetlands, and the resulting peculiar suitability of property within the Borough for certain uses. These Regulations are thus designed to conserve the value of unique buildings And encouraging the most appropriate use of unique land throughout the Borough. I 1.1 zones The Borough of Stonington is divided into seven zones; Restricted Residence RTR Planned Commercial PC Residence Preservation RP Planned Industrial PI Residence R Planned Waterfront PW Reserved Land RL Planned Area Development PAD Rural Residence RR The above zones are shown on a map entitled, "Zoning Map of the Borough of Ston,inqton, Connect icot , dated Nov. 20, 1981 , " as amended, which map accompanies these Regulations and, as it is now or may in the future be amended, it constitutes a part of these Regulations. The original of this map is on file in the office of the 13orough Clerk. 1.2 Zone Boundaries The boundaries of these zones are hereby established as shown on the adopted Zoning Map of the Borouqh of Stonington described in Section 1.1. Unless otherwise indicated, the zone boundaries are the center lines of streets or rail lines, property lines, waterways, or lines drawn parallel to any of these. In cases of uncertainty, the Planning and Zoning Commission shall determine the location of any zone boundary. V A Section 2: Definitions .,ter th 1 f r e 84qy 2.1 Abutting: separated by no intervening private property. and to 2. 2 Accessory Buildings: a Subordinate building or a portion of the main building, the use of which is customary, incidental, and subordinate to that of the dominant use of the main building of or and. pn l al 2.3 Accesory Structure: a detached, subordinate structure, the use of which is clearly incidental and customarily related us to that of the principal structure or use of the land, and which .I nd is located on the same lot as that of the principal structure or lisp. 2.4 Accessory Use: a subordinate use, clearly incidental and customarily related to the principal structure, building or use of land, and located on the same lot as that of the principal structure, building or use, except that a private garage shall be considered an accessory use even if not located on the same lot as the principal use, structure, or building, provided no vehicle space in such garage shall be rented so as to render the lot nonconforming to the provisions of Section 9 (Off-street Parking and Loading) of these Regulations. J 2.5 Adjacent; nearby, but not necessarily abutting. the as f 2.6 Alterations: as applied to a building or structure, means Fe change or rearrangement, in the structural parts or in the exit facilities or an enlargement, whether by extending on a side, by increasing in height, or-the moving from one location or position to another. As applied to use, means a change or extension of hours of operation, scope of use, land or building area utilized, or intensity of use. Pas ton p 2.7 Awning : a roof-like cover that is temporary and collapsible in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. ,ion 2.8 Base Flood: The flood having a one percent chance of being I equalled or exceeded in any given year. 2-1 2.9 Basement: The floor in a house or other building below the principal floor, wholly or partly below the ground level, and behind walls forming the support of the building. 2.10 Berth: The place where a ship, or boat lies at a wharf or pier. 2.11 Billboard or Poster Panel: any sign or advertisement used as an outdoor display foF -the purpose of making anything known the origin or point of sale which is remote from said display. 2.12 Boardinghouse- a building other than a hotel, motel, or convalescent or rest home, or supervised group quarterp where lodging and meals for no more than sixteen (16) pe@rsons are served to the residents for compensation, utilizing one central kitchen facilitv. A boardinghouse shall be occupied by the owner or operator. -2.13 Building: any structure having a roof supported by Eolumns 6r walls for the housing or enclosure of persons animals or chattels. When any portion thereof is completel@ separated from every other p6rtion thereof by a division wall or floor without openings then each such portion shall be deemed to be a separate building. 2.14 Build ng eight: the greatest vertical distance between ev;t@ the grade ell Ion an d the highest point of the building. 2.15 Building, NoncS@nforming: a legally existing building to comply _ th the regulations (for height, number @hich falls l of stories, size, area, yards, and location) set forth in these regulations applicable to the district in which this building is located. 2.16 Building, Principal: a building in which is conducted the principal us e of the lot on which it is situated. 2.17 Camper Unit: a self-propelled or portable unit, such as a camper bus, travel trailer, truck-mounted camper, or other similar unit, originally designed and constructed or redesigned and reconstructed for recreation or other shelter for one or mor e persons. 2-2 2. 18 C:metery: land used for the burial of the dead, and Te TI a fo r cemetery purposes, excluding columbariums, crematories, mausoleums, and mortuaries. 2.19 Child Care Center: any establishment which provides -@'-tivlty and supervision (with or without shelter, care, a academic instruction)' for five or more children (between birth and six years of age). 2.20 Club: buildings and facilities, owned or operated by a corporation, association, person or persons, for. a social, educational, or recreational purpose, to which membership is required for participation and not operated primarily for profit nor,to render a service which is customarily carried on as a business. 2.21 Coastal Boundary: a continuous line delineated on the landward side by the interior contour elevation of the one hundred year frequency coastal flood zone, or a one thousand foot linear setback measured from the mean high water mark in coastal waters, or a one thousand foot linear setback measured from the inland boundary of tidal wetlands mapped under Section 22a-20, whichever is farthest inland. 2.22 Commission: the Planning and Zoning Commission of the Borough of Stonington. 2 . 23 Condominium: the ownership of individual dwelling units locate on a loE'or lots which are owned in common by individual unit owners, or any division of the interests real property, including easements and leases of over five years, which have the effect of, permitting more than one dwelling unit on a lot without the,division of the fee simple interest in said lot. 2.24 Conversion: any modification or change to an existing dweTl`in-q-`w-FT-ch is intended to or actually does increase the number of dwelling units. 2.25 Delicatessen: The retail sale of cola meats, salads, -@--Imllar luncheon food-, And the like, for consumption off the premises. Retail sale of prepared sandwiches and other luncheon foods may be included as an accessory use, provided, however, there is no service to customers seated at a counter or at tables. 2-3 2. 26 Development: any man-made change to improved or unimpr _6_@ Ceal Cate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 2.27 Drive-In: a term used to describe an establishment Te-signed or operated to serve a patron while seated in an automobile parked in an off-street or on-street parking space. 2.28 DUUM : a lot of land or part thereof used primarily for The-disposal by abandonment, dumping, burial, burninq, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. 2.29 Dwelling, Sin le-Family: a building designed and/or used exclusively for residential purposes for one (1) family only and containing not more than one (1) dwelling unit. 2.30 Dwelling, Two-Family: adetached or semi-detached building useT occupancy by two families living independently of each other, but with no division of any interest in any real property, including thelot or the building, which interest shall include any exclusive use easement, lease over five (5) years, and any other legal devise for the division of the legal,or equitable interests in the lot or building. 2.11 Dwellin%yMultiple: a building or portion thereof used for oc :@.Pancy two or more tamilies living independently of each other, and doing their own cooking in the building, including apartments, group houses, row houses, and condominiums. 2.32 Dwelling Unit: one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner or renter occupancy, and containing independent cooking and sleeping facilities, and toilet facilities. 2 . 33 Enlargement, or to Enlarge: an "enlargement" is an addit ion to the floor area of Wti_@xistinq building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement. 2-4 2. 34 Extend: implies increase or amplification as distin- guished M@_m-inception. 2.35 Family: (a) an individual, or two or more pers@ons related by blood, marriage, or adoption, living together as a single housekeeping unit; or (b) a group of not more than five persons, who need not be related by blood, marriage, or adoption, living. together as a single housekeeping unit. 2.36 Farm: any tract of land containing at least three acres which is 5sed for dairying or for the raising of agricultural products, forest products, livestock or poultry and including facilities for the sale of such products@ from the premi 'ses where produced, provided that, a farm shall not be construed to include commercial poultry and swine production, cattle feeder lots and fur-bearing animal farms. 2.37 Fence: a structure for enclosure or screening, including a wall. 2.38 Floating Z2!1@: a special detailed use district of undetermined location, a district in which the proposed kind, location, size, and form of structures must be preapproved, but which, unlike a special exception use, is not legislatively predeemed compatible with the areas in which it may be proposed in a particular application, provided specified standards are is not revealed. gratified and actual incompatibility 2.39 Flood (or Flooding): a general and temporary condition of partial or complete inundation of normally dry land areas, from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation of runoff of surface waters from any source. 2.40 Floor Area: the sum of the areas o'f the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding (a) garage space which is in the basement of a building or, in the case of garage space accessory to a dwelling, is at grade, (b) basement and cellar areas devoted exclusively to uses accessory to the operation of the structure, and (c) areas elsewhere in the structure devoted to housing mechanical equipment customarily located in the basement or cellar such as heating and air conditioning equipment, plumbing, electrical equipment, laundry facilities, and storage facilities. 2-5 2.41 Fron F@ont that side of a lot abutting on a street 9e: o______n_J t anar By r way a or i reqarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot. 2.42 Garage, Parking: a building or portion thereof designed or used tor the tem@orary storage of motor-dr,iven vehicles, without the retail dispensing, sale, or offering for sale of motor fuels, lubricants, and tires, or indoor car washing, minor motor adjustment, and flat tire repair when such operations are incidental to the storage of motor-driven vehicles. 2.43 Garage, Private: a detached accessory building or portion iTf a-main building, used for the storage of self-propelled vehicles where the capacity does not exceed three vehicles, or not more than one per family housed in the building to which such garage is accessory, whichever is the greater, and not more than one-third the total number of vehicles stored in such garage shall be commercial vehicles. Storage space for not more than three vehicles may be rented for vehicles of other than occupants of the building to which such garage is accessory. 2.44 Grade: the mean elevation of the ground adjoining the E-uiYa-ingon all sides; said elevation to be determined as of the effective date of these Regulations,'unless the Commission shall approve the filling, excavation, or regrading of said ground in accordance with these Regulations; and in cases of doubt as to gradesf the mean elevation of the nearest public sidewalk or street, whichever is nearest. 2.45 Ground Floor Area: the square foot area of a building within -its lar-gest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways, and secondary stairways. 2.46 Home Occupation: an occupation conducted in a dwelling unit or in another building on the same lot as the dwelling unit, provided that: (1) Only members of the family residing on the premises and no more than two non-family persons shall be engaged in such occupation. (2) The occupation shall be clearly incidental and subordinate to the residential use of the premises. (3) No more than 25 percent of the floor area of the dwelling shall be used for the conduct of the occupation. 2-6 J 4 The floor area of an outbuilding used for a home occupation shall not be greater than 50 percent of the floor area of the dwelling unit. (5) There shall be no retail display on the premises in connection with the occupation. 2.-47 -- Hotel - Inn Motel: a building or buildings designed and used primarily for temporary occupancy by transients, which provides or offers accommodations for compensation for seven or more persons, exclusive of proprietors and employees living on the premises. Rooms for public assembly and the serving of food may also be provided as accessory uses. 2.48 Ice Cream Parlor: The retail sale of ice cream, frozen yogurt, candy, and si lar deserts for consumption on or off the premises, provided there is no kitchen nor any equipment for the preparation of meals, nor is there any actual preparation of full Tneals, nor is there seating for more than a total of sixteen (16) persons at a counter or at tables. 2.49 Illegal Use: as any use, whether of a building or other structure, or of a tract of land, in which a violation of any provision of this ordinance has been committed or shall exist, or which use is not specifically listed as permitted in these Regulations., 2.50 Intersect' St t: any street or public way, which _Ing ree joins another at an angle, whether or not it crosses the other. 2.51 Junkyard: a place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yardsi house wrecking, and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. 2.52 Kitchen: any room or portion thereof used, intended to be used or designed to be used either wholly or partly for cooking and/or the preparation of food. 2.53 Landmark: any improvement, any part of which is 30 years old or older, which has a special character or special historical or aesthetic 'interest or value as part of the 2-7 J development, heritage, or cultural characteristics of the city, state, or nation. 2.54 Landmark -Site: an improvement, parcel or part thereof, on which is situated a landmark, and any abutting improvement, parcel or part thereof, used as and constituting part of the premises on which the landmark is situated. 2.55 Landscaped Area: an area that is permanently devoted and to the growing of shrubbery, grass and other plant material. 2.56 La_ndscaping: the improvement of a lot, parcel or tract of I na w'tF gra ss and shrubs and/or trees. Landscaping may. include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary, and other similar natural objects designed and arranged to produce an aesthetically pleasing effect. 2.57 Laundromat: a business that provides washing, drying, and/or iron ii@q@mach ines for hire to be used by customers on the premises. 2.58 Lot: One or more adjacent parcels of land under single @3-wnership to be used, developed, or built upon as a unit. 2.59 Lot Area: the area of a horizontal plane bounded by the front, side, and rear lot lines. 2.60 Lot, Building: land occupied or to be occupied bv a principal building and its accessory buildings, together with such open spaces as are required under the provisions of this ordinance, having not less than the minimum area and width required by this ordinance for a lot in the district in which such 'land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land. 2.61 Lot Coveraq@: the percent coverage of a lot by permanently erected buildings, including, including accessory buildings and other structures, including external staircases, porches, etc. which extend more than four feet above grade. 2-8 2.62 Lot Lines: the lines bounding a lot. 2.63 Lot Liner Front: the line separating the lot from the steet. 2.64 Lot Line, Rear: the line which most nearly qualifies as line most distant and opposite from the front lot line; where the line is irregularly shaped, a line perpendicular to the mean direction 0 f the side lot lines, and at least ten feet i i n enqth within the lot. 2.65 Lot Line, Side: any lot line other than a front lot line or a rear-Yot -1ine. 2.66 Lot of Record: a lot for which a deed has been recorded. 2.67 Manufacturing: the processing and converting of raw, unMI-shed, or finished materials or products, or any of these into an article or substance of different character, or for use for a different character, or for use for a different purpose; also industries furnishing labor in the case of manufacturing- or the refinishing of manufactured articles. T 2.68 Marina: a place for docking or storage of pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, and the rale of fuel and supplies, as on accessory Llsl@. A yacht cloh shall he. considered a marina, hut: a hot(!1I motel, or similar use, where docking of boats and provision of services thereto, is incidental to other activities shall not be considered a marina, nor shall boatdocks accessory toa multiple dwelling where no boat related services are rendered. 2 .69 Master Plan: the comprehensive plan, or any portion thereof, made and adopted by the Planning Commission in accordance with the laws of the State of Connecticut indicating the general or specific locations recommended for streets, parks, public buildings, zoning districts and all other public improvements and objectives. 2.70 Mobile Home: any portable structure or vehicle, titled or @-eqistered as a vehicle, so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes. 7@1 ji@ 2-9 2.71 Museum: a nonpro,fit, noncommercial establishment operated as a repository or a collection of nature, scientific, or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected. 2.72 Nonconformi Use : any building or land lawfully occupied by a use at the Ng ime 3f passage of this resolution or amendments thereto, which does not conform after the passage of this resolution or amendments thereto with the use regulation of the district in which it is situated. 2.73 Occupy: to take or enter upon possession of. 2.71 Occ an y, Change of, a discontinuance of an existing use and sbstyp tut@ .,on ? a dif terent use designation as set forth in these Regulations. 2.75 Occupieq: shall include the words "designed, arranged, or - ed to be Inten occupied". 2.76 Park: apleasure ground set apart for recreation of the publiC, to promote its health and enjoyment, and owned and operated by a public or non-profit agency. 2.77 Personz an individual, firm, co-partnership, joint ion, social club, fraternal organization, corporation, estate, tru5t, husinerr trust, receiver, syndicate, or other group or combination acting as a unit. 2.78 Premises: any lot or combination of contiquouP lots held T-n-s-in-q-Fe -ownership, together with the development thereon; a condominium complex constitutes one premises. 2.79 Principal Use: the primary purpose or function that a lot serves or is intended to serve. 2.80 Professional Office: the office of a person engaged in _j_n@ -occupation, vocation, or calling, not purely commercial, mechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereoni 2-10 @4A 2.81 Public Build in any building held, used or controlled exclusively tor public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. -2.82 RailroadiRiqht of way: a strip of land with tracks and iiuxil7-r- fac 1ities tor track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. 2.83 Restaurant: Space in a suitable and permanent building used , advertised and/or held out to the public to be a place where hot meals are regularly served, and which is provided with an adequate and sanitary kitchen and dining room containing a minimum of ten seats. 2.84 Site: same as "lot". 2 .85 Start, Commencement: the doing of some act upon the -the h-ull-d-i-ng is to be erected, and in pursuance of a design to erect, the result of which act would make known to a person viewing the premises, from observation alone, that the erection of -a building on that land had been commenced. 2.86 Storage: holding or safekeeping goods in a warehouse or other depoE-itory to await the happening of some future event or contingency which will call for the removal of the goods. 2.87 Street: an improved right-of-way accepted for public use by lawful procedure and suitable for vehicular travel; or a proposed street shown on a subdivision plan approved by the Commission. 2.88 Street Line: a.dividing line between a lot and a street right-ot-way. 2.B9 Structure: anything which is constructed or erected and the use oF-which requires more or less permanent location on ground or water areas or attachment to something having permanent location on ground or water areas not, however, including wheels; an edifice or a building of any kind; any production or piece of work, artificially built up or composed of parts and joined together in some definite manner; including fences or walls in excess of six feet in height; a wharf or dock; an above-ground tank; or a detached solar panel. 2-1.1 4 2.90 Swimminq Pool: any structure, portable or permanent, containing a b6dy of water 18 inches or more in depth, intended for recreational purposes or used for swimming or wading, but not including an ornamental reflecting pool or fish pond or similar type pool which is located and designed so as not to create a hazard. 2.91 Subdivision: The division of a tract or parcel of land into three or more parts for the purpose, whether immediate or future, of sale or building development, expressly excluding development for municipal, conservation,, or agricultural purposes. The term "subidivision" includes resubdivision. 2.92 Tourist Home: a building in which more than one but not more than five guest rooms are used to provide or offer overniqht accommodations for transient guests for compensation. 2 .93 Use: (a) any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or (b) any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. 2.94 warehouse: a structure or par,t of a structure, for storing goods, wares, and merchandi'se, whether for the owner or for others, and whether it is a public or private warehouse, excluding retail activities of any kind. 2.95 Yard: an open space, other than a court, on the same lot ;-lth a-building, unoccupied and unobstructed from the ground upward, except for projections permitted under these Regulations. 2.96 Yard, Front: a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance. between the front property line and a line parallel thereto on the lot. 2.97 Yard, Rear: a yard extending across the full width of the between the rear most portion of any building and the rear lot line or mean high tide line, whichever is closer, the depth of which shall be the least distance between the rear lot line or mean high tide line, as the case may be, and the rear of such buifdinq@ I V 2-12 . . . . . . . . . . . . . . . . . . . . . . . 2.98 Yard Side: an open unoccupied space within the lot between a side lot line or mean high tide line, whichever is closer, and the parts of the building, structure, or outbuildinq t nearest thereto. Such side yard shall extend on both sides of 01' the lot. through from the street line to the rear line of said lot. 2.99 zone: an area within which certain uses of land and -ind F-uiij-ings are permitted and certain others are prohibited, yards or and other open spaces are required, lot areas, building height 9 limits, and other requirements are established, all of the I foregoing being identical for the zone in which they apply. t r A of Ir or Ise, lot lund e 11 of ice on 0 he ar th ne ,;u ch 2-13 Section 3: General Regulations 3.1 Conflicting Re ulat s. When any provision of these el g more sto Regulations impos r, ngent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other applicable ordinance, statute or law, or the approval of any other governmental agency, including other agencies of the Borough or Town of Stonington, the provisions of these regulations shall apply and govern. 3.2 Covenants not annulled. These Regulations are not intended to abrogate or annul any easement, covenant, or other private agreement which may touch or concern the. land within the Borough. 3.3. Permitted Uses. No building or structure shall be erected, reconstructe(i or converteJ, en arge structurally altered in such a manner as to be designed, arranged, or intended for any purpose other than the uses permitted in the zone in which the building or structure is located, except as provided in Section 8 (Nonconforming structures.and uses) of these Regula- t ions. Likewise, no parcel of land shall be used, designed, or arranged for any purpose other than the uses permitted in the zone in which that parcel of land is located, except as provided in Section 8 of these Regulations (Nonconforming uses and structures.) 3.4 Permitted area, yards or lot coverage. No building or structure shall be erected or enlarged except in conformity with the area, yards and lot coverage regulations of the zone in which the building'or structure is located, except as provided in Section 3.10 (Substandard lots) or Section 8 (Nonconforming Uses and Structures). 3.5 Permitted heih t: de ity or bulk. No building or struc- ture shall be erec -d en?:rgd ' reconstructed, or structurally altered to exceed the height limit, density provisions, or bulk provisions established by these Regulations for the zone in which the building or structure is located, except that the Commission, pursuant to its review powers under Section 12 (Special Permit), may specifically allow the following to pro- ject a maximum of fifteen (15') feet into the required height limit for that zone: roof structures for the housing of elevators or stairs; skylights, towers, domes, church steeples, spires, belfries, cupolas, and similar ornamental architectural features; flagpoles; chimneys, smokestacks, and silos; televi- sions, radio, or microwave towers. Notwithstanding the provi- sions of this Section, a chimney on a residential principal 3-1 MIA_ build ing may project no more than three (3' feet into t permitted height limit without the requirement for a Special Perm,it. Any of the foregoing projections into the maximum height limit may only be authorized by the Commission when found to be an accessory use. 3.6 increase in heiqht of existing building or structure. No - ding or structure s all be -T-easedin height existing buil h inc except by Special Permit,issued in accordance with Section 12 of these Regulations. 3.7 Lots, yards, and open spaces. No space which, for the purpose of-a-buildl-ng-, structure or dwelling has been counted or calculated as part of a side yard, rear yard, front yard, court, or other open space required hy these Regulations may, by reason of change of ownership or any other reason, be counted or calculated to satisfy or comply with a yard, court, or other Open Space requirement of or for any other building, structure, or dwelling. 3 .8 Substandard Lots. Any lot which was separately described in the latest deed of record immediately prior to the effective date of these Regulations, or which was an approved lot shown on a plan of development or subdivision map approved by the Commission and on file in the office of the Borough CJerk prior to said date, which does not. mf,et the requirements, of these Regulations as to lot area and/or frontage, may be utilized for any use permitted in the zone in which such lot is located, provided that all other provisions and requirements of these Regulations are complied with as to such lot, including but not limited to the requirements of Section 12 (Special Permit), and provided further that all applicable subdivision regulations, and health and building cod@s of the Borough or Town shall have been complied with as to such lot. 3.9_ Let li itations, In all residential zones, only one principal structure @r use shall be placed on a lot. In non- residential zones, Commission may approve a plan for more than one principal structure or use on a lot if, pursuant to Section 12 (Special Permit), the Commission finds that such structures or uses comply with all other requirements of these Regulations, and are compatible with each other and with uses and structures existing or reasonably anticipated on adjoining lots. Compatibility shall be determined in accordance with the criteria of Section 12 (Special Permit). 3.10 Lot frontage. Every principal structure shall be located on a 1`oL -Which Ti@-onts upon a publiostreet and complies with the frontage requirement!-, of these Regulations. 3-2 3.11 Dwellings in other than principal structure. Except as provided in these Reg-uT-ations,-no I resiJe_n-t-'_a_T_iTw__e_1Ting shall be permitted in any accessory building. 3.12 8u Idin grades. Any building requiring yard spa i.1at7 "on. F @ha ce under tnese Reg 11 be located at such an elevation that a Sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. 2.13 Restoration of unsafe building_s. Nothing in these s. Regulations s or restoring to a safe condition of any part of any building declared unsafe by the Building Official or where required by any lawful order. 3.14 Visib i'llt at intersection. No wall, fence, structure, planting, b.,IdXn g, 0 r other obstruction to vision shall be erected, placed, or planted on any lot which obstructs or inter(eres with visibility of drivers of vehicles on a curve or at any street intersection. The minimum vision clearance shall require a height not exceeding two (2') feet above the street or sidewalk grade, whichever is higher, within the triangular area formed by the intersecting street lines and a straight line connecting points on said street lines? each of which points is fifteen (15') feet from the point of intersection. 3.15 Stor age nd d f ods and merchandise. In all zones, ther. Mll beisnplasytroagcgoof goods and/or merchandise on any public walkway. In all zones, if any goods and/or merchandise are displayed, such goods and/or merchandise shall be displayed in such a manner as to in no way interfere with or inconvenience pedestrian movement on any public walkway, nor to impair movement or sight lines on any public street or on any private driveway, parking area, plaza, or other area open to public use. In addition, any outside storage and/or display of goods and/or merchandise, regardless of its location on the lot, shall be considered a use of land under these Regulations and shall comply with all applicable requirements set forth herein. 3.16 Commercial radio and television towers. Commercial radio, T@elevision, and radi6 towers, and other transmitting or relay antenna towers, and towers designed for wind energy conversion systems, when permitted, shall be set back from all abutting streets and adjacent properties a distance of not less than one and one-half (1-1/2) times the height of the tower. 3.17 Prohibited Uses. The following uses are expressly @T(;fifl-,ftea in thi- Borough of, Stonington: 3-3 3. 17. 1Any use which produces unreasonable noise, odor, vibrations, fumes, electrical interference, or other noxious effects deemed objectionable by the Commission, considering the Purposes of these Regulations (Section 1.0, Statement of Purpose) and the criteria contained in Section 12 (Special Permit). 3.17.2 Manufacture of explosives, poison gasses or substances, items of qerm or biological warfare, the training of wild or vicious animals, and other inherently dangerous activities. 3.17.3 Industrial waste disposal or processinq, junk yard, dump, or refuse,disposal use, other than disposal facilities owned and operated by the Town or Borough of Stonington. 3.17.4 Commercial distillation of bones, rendering, reduction or refining of fat or other animal matter. 3.17.9 The use of mobile homes or camper units for any residential purpose, whether permanent or temporary. 3.17.6 The use of any boat, barge, or other vessel for residential purposes for a period exceeding a continuous period of two (2) weeks, or totaling more than two (2) months during any calender year. 3.17.7 A principal use consisting of a massage parlor, not including, a message, parlor accessory to a bona fide health or fitness club employing riot more than one (1) trained physical therapist or masseur/masseuse. 3.17.8 A principal use consisting of coin operated amusements. 3.18 Increase in height of buildinqs and structures. Any increase in the height of any building or structure in any zone shall require the issuance of a Special Permit pursuant to Section 12 of these Regulations. 3.19 Use Variance Prohibited. Pursuant to Section 8-6 of the no variance shall be issued by the Zoning Board of Appeals of the Borough of Stonington for any zone except the Planned Commercial Zone, so as to permit the establishment, continuation, or expansion in any fashion of a use of any lot or structure, which use is not permitted by these Regulations in the zone in which the lot or structure is located. 3-4 3. 20 Coastal Site Plan Requirements. In addition to the requir (Specia Per ements of ction i7 mit), and except as provided in Section 13.2 below, no building or structure shall be erected, expanded, or moved, and no use thereof shall be established, altered or expanded, and the use of no lot shall be established or altered, without the approval of a Coastal Site Plan in accordance with this Section 13 of these Regulations. 1,21 Ap roval of plans. No proposed plan of a new ign or res:ubdivision subd'iv bdivision shall hereafter be approved unless the lots within such plan equal or exceed the minimum area,' yards and lot coverage requirements set forth in the various zones of these Regulations, except that in the case of subdivision containing five (5) acres or more, where the slope of the parcel, the topography or other natural features prevent the best suhdivision in strict conformity with such lot size requirements, the Commission may, at its discretion, permit the reduction to not less than eighty (80%) percent of the minimum lot area, frontage, and yards for such zone of not more than ten (10%) percent of the lots in such subdivision or resubdivision, provided the Commission shall find that such reduction will have no detrimental effect on the appropriate residential use of the land within the subdivision or on the gener,al character of the surrounding area, and will not increase the overall density of the subdivison, and will not impair the health, safety, general welfare, property values, and/or future land use or road layouts. 3 .22 Division of Land. No parcel of land existing on the effective date of these Regulations shall be divided, nor shall any easement be granted to any private person, which has the effect of creating a new lot, or reducing an existing lot, which will be non-conforming under the provisions of these Regulations. Similarly, no such division shall be permitted which causes an already non-conforming lot or structure to become more non-conforming in any manner. 3.23 Waterfront vista protection. No structure shall be erected, expanded, or altered, nor ihall any Special Permit for any use in any zone be issued for any site or structure such that more than twenty (20%) percent of the Waterfront Vista Fraine is obstructed by buildings, structures, landscaping, or visual obstructions of any kind. The "Waterfront Vista Frame" shall be defined as the rectangle formed by the width of the street right-of-way for any street in the Borough of Stonington which street terminates within one hundred and fifty (150') feet of the high tide liner and a height of thirty (30' ) feet. In the case of any lot which does not include "land within the Waterfront Vista Frame, but any portion of which is within one hundred and fifty feet (150') of the high tide line, no structure shall be erected, expanded, or altered, nor shall any 3-5 . . . . . . . . . . . . Special permit for any use in any zone be issued for any site or structure such that more than sixty (60%) percent of the Waterfront Vista Line shall.be obstructed by buildings, struc- tures, landscaping, or visual obstructions of any kind which are more than four (4') feet above the existing grade. The Water- front Vista Line shall be defined as any line or lines, tour (4') feet above grade, and parallel to the,adjacent waterfront. The length of the Waterfront Vista Line shall be defined as the average width of the subject lot or siter measured parallel to the Waterfront Vista Line. The percent of obstruction shall be determined by combining the total, cumulative visual obstruc- 'tions, measured perpendicular to the Waterfront Vista Line. The Commission shall, in addition to the enforcement of the afore- mentioned minimums, seek to preserve the maximum ground-level marine vista. All site plans shall illustrate the elevations of the buildings, uses and other obstructions within the Waterfront Vista Frame and the Waterfront Vista Line, such that conformance with the provisions of this Section may readily be determined. 3.24 Flood Protection. Flood hazardareas, as designated on the Feder@'l -Flood Insurance Rate Map for the Boro-ugh of Stonington, are subject to periodic inundation, which may result in loss of life and property, or in health and safety hazards. Before any construction, substantial improvement or development is begun within such areas, designated A9 or V9 on the Flood Insurance Rate Map, a Certificate of Zoning Compliance, as described in Section 1 1 .3 of these. Regulations, shall be obtained. Any application for such Certificate shall include a site plan containing the information specified in Section 12.11, subsections 1, 2 and 3 and, in addition, finished floor elevations and such other data ar, the Commission may require in order to determine cmuplianco with the following Flood Zone r0l]Uirements: 3,24. 1 : All new construction (including pre-fabricated bul-fd,7ngs) within A9 or V9 Zones shall be anchored to prevent flotation and lateral movement, and shall be constructed with flood resistant materials ind methods. 3.2412- All new residential structures and substantial ii@Fr6v_ements to existing residential structuies within a zone designated A9 shall have the lowest floor (including the basement) elevated to or above the base flood level (defined as 11"feet 6oinches for the Borough). All new non-residential co structi n, and substantial improvement to non@residential structures shall have the lowest floor (including the basement) elevated or flood-proofed to or above the base flood level. 3-6 I Where'flood-proofing is used in lieu of elevating, applicant shall present a plan certified by a professional engineer, or architect, registered in the State of Connecticut showing flood-proofing methods are adequate to withstand the forces associate'd with the base flood. 3.24.3: Any construction in a V9 zone shall be elevated and cured to adequately anchored pilings and columns so that the lowest portion of the structural members of the lowest floor (including pilings or columns) is elevated to or above the base flood level. Construction shall be certified by a registered professional engineer or architect to be secured to adequately anchored pilings or columns in such a way that it will withstand velocity waters and wave wash. Construction shall have space below the lowest floor free of obstruction, or constructed with "breakaway walls" intended to collapse under stress without jeopardizing the structural support of the building. 3.24.4: All construction in a V9 Zone shall be landward of the mean high tide. reac 3.24.5. Fill shall not be used for structural support of buTil-cTilngs in a V9 Zone. 3.24.6: The areas of special flood hazard are identified by the Federal Flood Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Borough of Stonington, Connecticut", dated May 1, 1979, with accompanying Flood Insurance Rate Map. This map is hereby adopted by reference and declared to be a part of these Regulations. The Flood Insurance Study is on file in the Office of the Borough Clerk. 3.25 Rear Lots. In residential zones only the Commission may grant a Special Permit to allow the creation of a lot having less than the frontage required by these Regulations, provided that the following conditions are met: a. There shall be no more than one ( 1 ) rear lot approved for any lot of record existing on the effective date of these Regulations. b. The rear lot shall have a minimum frontage of twenty (20' ) feet on a public street or a street improved to minimum public street specifications, and said lot shall be not less than twenty (20' ) feet in width at any point between the public street and the proposed dwelling location. 3-7 J_ 'A' The c. rear lot shall be accessible by a driveway located at all points on the lot, and not less than twelve ( 121 feet in width, which driveway shall be paved, surfaced, drained, and otherwise improved to the satisfaction of the Borough Fire Marshall. .. "321ma d. Both the rear lot and the remaining frontage lot shall be in conformance with all other requirements of these Regulations, including, but not limited to, the min imum lot size of five thousand (5,000) square feet per dwelling unit, minimum side yards, and minimum frontage for the remaining frontage lot. e No rear lot shatl he approved if the Commission finds t@at its creation will tend to obstruct the most feasible or reasonable Borough street access to, any other parcel(s) of land. "Obstruct" denotes not only the placement of a building or buildings in the path of a future Borough Street, but also the division of land in such a manner that a future subdivision utilizing a Borough street will be rendered economically impractical for the owner(s) of inaccessible parcel(s). 3-8 Section 4: Use Regulat'ions 4.1 Restricted Residence (RTR) 4.1.1 Statement of puypose. The Planning and Zoning Commission of the Borou qh of St.. ton finds that the area included within the Restricted Residence Zone (RTR), located at r) r near the tip of the Borough Village peninsula, is characterized by conditions 0f very high residential density, dangerously narrow streets, inadequate parking, older frame homes on very small lots, minimal open space and recreation areas, and poor access due to the distance from and length of the Borough's arterial road pattern, all as set forth as the Findings of Fact in the Borough Master Plan. Therefore, it is the purpose of the Restricted Residence Zone (RTR) to restrict further residential or other development within the Zone in order to prevent increased burdens on Borough emergency and other services and to protect the health, safety and welfare of residents within the Zone from the dangers of increased burdens on already inadequate emergency and other services. 4.1.2 Permitted uses and use categories. Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses or use categories listed below and indicated in the RTR column of the Table of Permitted Uses, subject, where specified, to the special Permit requirements of Section 12, and any other applicable provisions of these Regulations: Permitted Principal Uses: Single family dwelling Two- and multi-family dwelling existing on the effective date of these Regulations Special Permit Principal Uses: Parks and playgrounds Publicly owned buildings Boardinghouses Two-family dwelling, subject to Section 4.1.10 Permitted Accessory Uses: Customary Home Occupations Garage, private Residential Accessory Uses, buildings and structures Storage of camper unit for period not more than 3 weeks 4-1 A. 4.1.3 Required lot area. Every parcel of property to be used for a use identified in Section 4 *I*2 shall have a minimum lot .area 0f five thousand (5,000) square feet. 4.1.4 Required frontage. Fvery lot shall have a minimum of not jo frontage than forty (40') feet. 4.1.5 Required lot coverage. All principal and accessory s structures combined shall not cover more than fifty (50%) percent of the area of the lot. 4.1 6 Reyuired side yards. There shall be a minimum of two (2) s-lae yards F or ever y principal building with each side yard having a minimum width of five (5') feet. 4.1.7 R7quired re7r y@rd. There shall be a minimum rear yard of five .5) feet or ry principal building, and of five (5") feet for any access,-->ry building or structure. 4.1.8 maximum height limit. No building shall exceed a height of thirty (30') feet. 4.1.9 PAD eligibility. The Restricted Residence (RTR) Zone o rconsideration of an application for shall not. e igible Planned Area Development pursuant to Section 4.8 (Planned Area Development) of these Regulations. 4.1.10 Req@irement for Two-family dwellings. No application for a S pecla, Perin it to allow two-family dwellings shall he received by the Commission except for the establishment of such use in a building existing on the effective date of these Regulations. No such conversion to two-family dwellings shall he approved by the Commission unless the following requirements are met: a. The proposed conversion is contained entirely within a building which existed on the effective date of these Regulations, and in those portions of such building which so existed on said date, such that the only building square footage which the Commission shall consider for convers,ion shall be that existing on the effective date of these Regulations, with the exception of stairways, elevator shafts, hallways, and other required accessory spaces not used for dwelling purposes, provided, however, that the sum of such spaces shall not exceed ten (10%) percent of the total building square flootage as it existed on the effective date of these Regulations. 4-2 b. The proposed conversion will be in harmony with the architectural character of the building. C. There shall he a minimum of five thousand (5,000) square feet of land for every dwelling unit proposed. d. All other requirements of these Regulations, including but not limited to parking, lot coverage, and the requirements of Section 12 (Special Permit) have been met. 4-3 4.2 Residence Preservation (RP) IV nn) 4.2.1 StatemefIt of Purpose. The Planning and zoning Commission 3F _th@__Bo_rouqfi of Stoninqton finds that those areas included within the Residence Preservation (RP) Zone are characterized by the presence of many structures of significa'nt historic and e aesthetic value, many of which are of larger than single-family t. residences of our present time. The Commission also finds that the areas of the Residence Preservation (RP) Zone are served by roads and Borough services to a level which would permit some modest expansion of population densities without substantial adverso impacts on the public health, safety, and general welfare. These finds are in accordance with the Findings of Fact contained in the Borough Master Plan. Therefore, it is the purpose of the Residence Preservation (RP) Zone to permit additional single-family residences and the conversion of existing buildings to multi-family residential usos so as to s(-,rve the needs of property owners and to diversify housin,3 opportunity in the Borough, while retaininy the appearance of historic structures and their physical environment, all as recommended in the Borough Master Plan. 4.2. 2 Permitted uses and use categories. Land and water areas shall be used and Uildings or structures shall be erected, altered, enlarged or used only for one or more of the uses or use categories listed below and indicated in the RP column of the Table of Permitted :;ubject, where specifi-A, to the requirements of Section 12 (Special Permit) and any other applicable provisions of these Regulations: Permitted Principal Uses: Single family dwelling Special Permit Principal Uses: Two-Eamily dwelling, subject to Section 4.2.11 Multi-family dwelling, subject to Section 4.2.11 Clubs Places of worship Parks and playgrounds Publicly owned buildings Boardinghouses Ch ild Care Center Cemetery MUS4,um, Convalescent, nursing, or rest home 4-4 Permitted Accessory Uses: Customary Home Occupations Residential Accessory Uses, buildings and structures Storage of camper unit for period not more than 3 weeks 4-2.3 Required lot area. Every parcel of property to be used for a use identified in Section 4.2.2 shall have a minimum lot area of five thousand (5,000) square feet. area of five thousand (5,000) square feet. 4.2.4 Required lot area. Every lot shall have a minimum of frontage of not less than fifty (50) feet. 4.2.5 Required lot coverage. All principal and accessory structures combined shall not cover more than thirty-five (35%) percent of the area of the lot. 4.2.6 Required front yard. There shall be a minimum front yard 5T) of five eet for every principal building. 4.2.7 Required side yards. There shall be a minimum of two (2) side yards for every principal building with each side yard having a minimum width of five (5') feet. 4.2.8 Required rear yard. There shall be a minimum rear yard ot tive (5') feet for every principal building, and of five (5') feet for any accessory building or structure. 4 .2.9 Maximum height limit. No building shall exceed a height of thirty (30') feet. 4.2.10 PAD eligibility. The Residence Preservation (RP) Zone shall not be eligible for consideration of an application for Planned-Area Development (PAD) pursuant to Section 4.8 (Planned Area Development) of these Regulations. 4.2.11 Requirements for multi-family dwellings. No application for Special Permit to allow multi-family dwellings shall be received by the Commission except for the establishment of such use in a building existing on the effective date of these Regulations. No such conversion to multi-family dwellings shall be approved by the Commission unless the following requirements are met: 4-5 a The proposed conversion is contained entirely within a building which existed on the effective date of these Requlations, and in those portions of such building which so existed on said (late, such that the only building square footage which the Commission shall consider for conversion shall be that existing on the effective date of these Regulations, with the exception of stairways, elevator shafts, hallways, and other required accessory spaces not used for dwelling purposes, provided, however, that the sum of such spaces shall not exceed ten (10%) percent of the total building square footage as it existed on the effective date of these Requlations. b. The proposed conversion will be in harmony with the architectural character of the building. C. There shall be a minimum Of. 5,000 square feet of land for every dwelling unit proposed. d. There shall he a maximim of ten (10) dwelling units per building or per lot, whichever produces the lowest number of dwelling units overall. ew All other requirements of these Regulations, including hut not limit@!rl to parkinq, lot coveraqc, and, the requirements of Section 12 (Special Permit) have been met. 4-6 A 4.3 Residence Zone (R) 4.3.1 Statement of purpose. The Planninq and Zoning Commission of the Borough of Stonington recognizes that, despite the Borough's poor circulation pattern and already high development density, it is necessary and desirable to provide areas where residential development may occur in order to provide for new the most diversified possible housing opportunities in keeping with the Borough Master Plan. The Commission has found in the Borough Master Plan that the only area suitable for such new development, albeit on a limited basis, is the Residence Zone due to its accessibility to the road pattern outside the Borough. Such new development can and must be held to the highest design standards in order to protect neighborhood character and to maintain the quality of life in the Zone by the provision of more adequate parking, open space and recreational opportunities, and other amenities which new development can provide and, under these Regulations, shall be required to prov ide. L 4.3.2 Permitted uses and use categories. Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses or use categories listed below and indica ted in the RE column of the Table of Permitted Uses, subject, where specified, to the Special Permit requirements of Section 12, and any other applicable provisions of these Regulations: Permitted Principal Uses: Single family dwelling Special Permit Principal Uses: Two-family dwelling, subject to Section 4.3.11 multi-family dwelling, subject to section 4.3.11 Clubs Places of Worship Parks and playgrounds Publicly owned buildings Boardinghouseis Child care center Cemetery Museum Convalescent, nursing, or rest home 4-7 2 A - - - - - - - - - - Permitted Accessory Uses: Customary Home Occupations Residential Accessory Uses, buildings and structures Storage of camper unit for period not more than 3 weeks 4.3.3 Requried lot area. Every Parcel of property to be used for a us identified in Section 4.3.2 shall have a minimum lot area of five thousand (5,000) square feet. 4.3.4 Required lot frontage Every lot shall have a minimum frontage of not less than (50') feet. 4.3.5 Required lot coverage. All principal and accessory structures combined shall not cover more than thirty-five (35%) percent of the area of the lot. 4.3 Required front yard. There shall be a minimum front yard of five (5')feet for every principal building. 4.3.7 Required side yards. There shall be a minimum of two (2) side yards for every-principal building with each side yard having a minimum width of five (5') feet. 4.3.8 Required rear yard. There shall he a minimum rear yard of five (5') feet for every principal building, and of five (5') feet for any accessory building or structure. 4.3.9 Maximum height limit. No building shall exceed a height of thirty (30') feet. 4.3.10 PAD eligibility. The Residence (R) Zone shall be eligible for consideration of an application for Planned Area Development (PAD) pursuant to Section 4.8 (Planned Area Development) of these Regulations. 4.3.11 Requirements for multi-family dwellings. No application family for Special Permit to allow multi- dwellings shall be received by the Commission except for the establishment of such use in a building existing on the effective date of these Regulations. No such conversion to multi-family dwellings shall be approved by the Commission unless the following requirements are met: 4-8 a. The proposed conversion is contained entirely within a building which existed on the effective date of these Regulations, and in those portions of such building which so existed on said date, such that the only building square footage which the Commission shall be considered for conversion shall be that existitig on the Pffective date of these Regulations, with the exception of stairways, elevator shafts, hallways, and other required accessory spaces not used for dwelling purposes, provided, however, that the sum of such spaces shall not exceed ten (10%) percent of the total building square footage as it existed on the effective date of these Regulations. b. The proposed conversion will be in harmony with the architectural character of the building. C. There shall be a minimum of 5,000 square feet of land for every unit proposed. d. There shall be a maximum of ten (10) dwelling units per building or per lot, whichever produces the lowest number of dwelling units overall. e. All other requirements of these Regulations, including but not limited to parking, lot coverage, and the requirements of Section 12 (Special Permit) have been met. 4-9 4.4 Rural Residence (RR) 4.4.1 Statement of purpose. The Planning and Zoning Oommis@Lon of the Borough of StoninqEon finds that those areas i ncluded within the Rural Residence (RR) Zone are largely bordered by coastal wetlands and associated lands along the north shore of Little Narragansett Bay, and are characterized by extensive wetlands and marsh areas, high flood hazard, and virtual isolation from the einerqency services of the Borough due to topography and the location of the AMSTRAK rail line, also all as set forth as the Findings of Fact in the Borough Master Pl an. Therefore, it is th@ purpose of the 'Rural Residence zone (RR) to restrict further residential or other development within the Zone in order to protect valuable coastal wetlands areas and to prevent increa3od hurdens on Borough emergency and other servic"!; and to protect the health, safety and welfare of residents within the Zone from the dangers of increased burdens on already inadequate emergency and other services. 4.4.2 Permitted uses and use cateqories. Land and water areas shall be used and buildings or structures shall be erected, altered, PnIarged or used only for one or more of the uses or use categories listed below and indicated in the RR column of the Tablo of Permitted Uses, subject, where specified, to the Special Permit requirements of Section 12, and any other aprlicable provisions of these Regulations: Permitted Principal Uses: Single family dwelling Farm Special Permit Principal Uses: Two-family dwelling, subject to Section 4.5.11 MUlti-family dwelling, subject to Section 4.5.11 Clubs Parks and playgrounds Publicly owned buildings Permitted Accessory Uses: Customary Home Occupations Residential Accessory Uses, buildings and structures Farming Accessory Uses, buildings and structures Storage of camper unit for period not more than 3 weeks 4-10 4.5 Reserved Land (RL) 4.5.1 Statement of purpose. The Planning and Zoning Commission of the Borough of Stonin(it6n recognizes that land which is owned by public and quasi-public aqencies must be used for public purposes in ways which do not fit into normal land use patterns of the Borough. The purpose of the Reserved [,and Zone is to provide such agencies with the flexibility which they require in order to serve the public welfare within the limits of their respective functions, and yet to insure that the Borough will have full control over activities which are outside the normal operational activities of said public or quasi-pUblic agencies, or which may have an impact on the character or public welfare of the Borough. 4.5.2 Permitted uses and use categories. Land and water areas shall be used and buildings or structures.shall be erected, altered, enlarged or used only for one or more of the uses or use categories listed below and indicated in the RL column of the Table of Permitted Uses, subject, where specified, to the Special Permit requirements of Section 12, and any other applicable provisions of these Regulations: Permitted Principal Uses: Parks and playgrounds without permament structures. Utilities, including underground pipes or conduits for the transmission of gas, electricity, water, sewerage, cable television, and the like, but not including any structures or buildings above-ground for such utilities. Tranoportation facilities including railroad tracks, commercial fishing docks/piers, and yards for the maintenance thereof, but not including any structures or buildings associated with such uses. Special Permit Principal Uses: Any above-ground buildings or structures associated with any permitted principal uses. 4-:.'1 ired lot area. Every parcel of property to be used f. a .::qu id entified in Section 4.5.2 shall have no minimum lot area. 4-13 P 4. 5.4 Required lot frontage. Every lot shall have no minimum frontage. 4.5.5_ Required lot. coverage. All principal and accessory structures combined shall not cover more than sixty (60%) percent of the area of the lot. 4.5.6 Required front ard. There shall be no minimum front yard any principal building. 4.5.7 Required side yards. There shall be a minimum of two (2) side yard for every principal building or use with each side yard having a minimum width of five (5)eet. 4.5.8 Required rear_yard. There shall be no minimum rear yard for any pricipal building. 4 . 5. 9Maximum heiqht limit. No building shall exceed a height twenty (20') feet. 4.5.10 PAD eligibility. The Reserved Land (RL) Zone shall not he eligible for consideration of an application for Planned Area Development (PAD) pursuant to Section 4.8 (Planned Area Development) of these Regulations. 4-14 4.6 Planned Commercial (PC) e 4.6.1 Statem nt Of ur se. The Planning and 7oning Commission -Fe- h __@ Pt p@ OT t Borouq 0 S onln gton wishes to protect its central business district along water Street, and to prevent the sprawl of commercial development in other parts of the Borough because of the deterioration which this would cause to the existing 4 commercial area and the inevitable traffic congestion which scattered commercial development would entail for the Borough's fragile circulation system. In keeping with the goals of the Borough Master Plan, the commercial area.of the Borough is to be preserved for primarily local service needs, as opposed to a major tourist orientation, while still preserving the architectural character of the areas most frequented by the public, and which give the Borough its attractiveness both as a place to live and a place to visit. 4.6.2 Permitted use categories. Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses or use categories listed below and indicated in the PC column of the Table of Permitted Uses, subject, where specified, to the Special Permit requirements of Section 12, and any other applicable provisions of these Regulations: Permitted Princi2al Uses: Single, two-, and multi@family dwellings existing on the -ffoctive late of there RerjulationF. SEecial Permit Principal Uses: Single, two-, and multi-family dwellings, on other than the ground floor of any building, and further subject to Section 4.6.11 of these Regulations. Retail trade of: Groceries and food Hardware Books and paper goods Plants and flowers Drugs and sundries Clothing, dry goods, and accessories Furniture and antiques Alcoholic beverages for off-premises consumption Art and craft goods Music and musical instruments Gifts and general merchandise Electrical appliances and housewares marine supplies 4-15 Delicatessen Ice Cream Parlor P@harmacy Professional or business offices, supplies, and services Personal Services: Barber or beauty shop Dry cleaning without on-premises cleaning Coin operated laundry Tailor shop Athletic club, profit Funeral Home Appliance/equipment repa,ir Restaurants of no more than 75 total seating Schools, profit and non-profit Tourist Home Garage, parking Permit@ted Accessory Uses: Buildings, structures and uses accessory to permitted single, two-, and multi-family dwellings. Accessory Uses to Commercial Uses .426.3 Required lot area. Every parcel of property to be used for a use identified in Section 4.6.2 shall have a minimum lot area of six thousand (6 ,000) square feet. 4.6.4 Re Vir" let frontage. Every lot shall have a minimum fron age of not less Fhan sT.,ty-five (65') feet. 4 .6 5 R d lot coverage. All principal and accessory :!ever more than fifty (50%) percent of the area of the lot. 4.6.6 Required front yard. There shall be a no minimum front yard for any principal building. 4.6. 7 Required side yards. There shall be a minimum of two (2) side yards for every principal building with each side yard ha ving a minimum width of five (5' ) feet, except that the Commission, pursuant to its authority under Section 12 (Special Permit) of these Regulations, may specifically allow side yards having a combined, minimum width of ten 111' feet, ,here the 4-16 Commission finds that adjacent lots are being developed in accordance with a single unified and comprehensive plan and the other criteria of Section 12, and of applicable building codes, are met. 4.6.8 Required rear yard. 'I'here shall he a minimum rear yard i5l ten (10') feet for every principal building, and of ten (10') feet for any accessory building or structure. 4.6.9 Maximum height limit. No building shall exceed a height 0 f thirty (30') feet. 1-6.1 1@'gil'AD eliqibility. The Planned Commercial (PC) Zone shall be e @ ble fo _onsideration of an application for Planned Area Development (PAD) pursuant to Section 4.8 (Pla nned Area Development) of these Regulations. 4.6.11 Requirements for mult -i-lamil!fdw Ilings. No application It! . @ for Special Permit to allow mu .ly dwellings shall be received by the Commission except for the establishment of such use in other than the ground floor of a building existing on the effective date of these Regulations. No such conversion to multi-family dwellings shall be approved by the Commission unless the following requirements are met: a. The proposed conversion is contained entirely within a building which existed on the effective date of these Regulations, and in those portions of such building which so existed on said date, such that the only building square footage which the Commission shall consider for conversion shall, be that existinq on the effective date of there Regulations, with the exception of stairways, elevator shafts, hallways, and other required accessory spaces not used for dwelling purposes, provided, however, that the sum of such spaces shall not exceed ten (10%) percent of the total building square footage as it existed on the effective date of these Regulations. b. The proposed conversion will in no way alter the architectural character of the building. C. There shall be a minimum of 5,000 square feet of land for every unit proposed over and above the required minimum lot area for any commercial use specified in Section 4.5.3. d. All other requirements of these Regulations, including but not limited to parking, lot coverage, and the requirements of Section 12 (Special Permit) have been met. 4-17 4.6.12 Requirements for Restaurants. The following require- ments shall apply to all restauarants in the Planned Commercial Zone: a. There shall be no drive-in, curb service, or take-out window permitted. 1). Any restaurant shall he contained within a permanent building having seating for no more than seventy-five (75) persons. C. Any restaurant which utilizes an open grill or other exposed heat source for cooking shall provide whatever equipment may be required to eliminate the emission of smoke, odor, or grease from the building. d. Any restaurant serving alcoholic beverages shall do so from a service bar only, and there shall be no alcoholic beverage sale to patrons not seated or seated at a bar or counter. 4-18 ............. . . . . . . . . . . . . . . . . . . 4.7 Planned Industrial (PI) 4.7.1 State of pupose. The Planning and Zoning Commission of the Borough of Stonington wishes to protect its existing industry, and yet to orevent the extension of industrial development in other parts of the Borough because of the inevitable traffic congestion which scattered industrial development would entail for the Borough's fragile circulation system. In keeping with the goals of the Borough Master Plan, the industrial areas of the Borough are to be preserved for the maintenance of a diversified local economy, while still preserving and enhancing the architectural character of the industrial areas. it is further recognized that the enclaves of industrial activity are small and are surrounded by residential uses, making it critical that industrial activities be made as attractive, quiet, and otherwise unobstrusive, as their nature permit-. 4.7.2 Permitted uses and use categories. Land and water areas shall be used and buildings or structures shall he erected, altered, enlarged or used only for one or more of the uses or use categories listed below and indicated in the PI column of the Table of Permitted Uses, subject, where specified, to the Special Permit requirements of Section 12, and any other applicable provisions of these Regulations: Special Permit Principal Uses: Manufacturing, processing, and assembly operations Laboratories Lumber yards Printing and, publishing Research offices Engineering offices Permitted Accessory Uses: Retail trade of products manufactured on the premises Outside storage, subject to Section 4.7.11 4-7.3 Reqired lot area. Fvery parcel of property to be used for a use identified in Section 4.7.2 shall have a minimum lot area of twenty thousand (20,000) square feet. 4.7.4 Required lot frontage. Every lot shall have a minimum frontaqe of not less than eighty (80') feet 4-19 10%, 0 4. 7. 5 Required lot coverage. All principal and accessory str u ctures combined shall not cover inore than fifty ( 50% per'@ent of the area of the lot. 4 .7.6 Required front yard. There shall be a minimum front yard of ten (16') feet for every principal building. 4.7.7 Required side yards. There shall be a minimum of two (2) side yards [or every p`rincipal building with each side yard having a minimum width of five (5' ) feet, except that the Commission, pursuant to its authority under Section 12 (Special Permit) of these Regulations, may specifically allow side yards having a combined minimum width of ten (10' ) feet, where the Commission finds that adjacent lots are being developed in accordance with a single unified and comprehensive plan and the otherecriteria of Section 12, and of applicable building codes, are m t. 4.7.8 -Required rear yard. There shall be a minimum rear yard of Ee-ri (10') feet [or every Principal building, and of ten (101) feet for any accessory building or structure. 4.7.9 maximum height limit. No building shall exceed a height L2 of thirty (30') feet. 4.7-10 P D eligibility: The Planned Industrial (PI) Zone shall be 'giblL not for consideration of an application for Planned Area Development (PAD) pursuant to Section 4.8 (Planned Area Development) of thpse Regulations. 4.7.11 Requirements for industrial uses. The following shall app1`y_t(5-aF1 -industrial uses in the Planned Industrial Zone: a . All outdoor loading or s'torage areas shall be screened from adjacent residential zones or uses by either (1) a landscaped hedge no loss than eight (8') feet in height and having a planting bed no less than six (6') feet in width, which planting bed shall he protected from any adjacent parking area or driveway by a steel or substantial wood guard rail, or (2) a brick or stone wall having a height of no less than six (6') feet and a base protected from t vehicles in the same manner as the aforedescribed hedge. b. All trash anA delbris, inoperable motor vehicles, and th like shall, regardless of their location on the property, be screened as specified in subparagraph a preceding. 4-20 4.8 Planned Waterfront (PW) 4.8.1 Statement of purpose. The Planning and Zoning Commission c;_f the B3-rough -of Stonli@q_ton recognizes the central importance of the harbor and other waterfront areas of the Borough, as stated in the Borough Master Plan. Pursuant to the said Master Plan, these Regulations have been designed to: preserve the waterfront, and especially the harbor area, for those uses which are dependant upon marine access, and not merely enhance(] by it; preserve public access to waterfront areas; to preserve waterfront vistast especially at the end of east-west streets; and to permit flexible mixes of compatible marine-oriented uses, sujbect to strict architectural and site plan review, under Section 4.8 (Planiied Area Development) of these Regulations. 4.8.2 Permitted uses and use categories. Land and water areas shall be used and buildings or structures shall be erected, altered, enlarged or used only for one or more of the uses or u se categories listed below and indicated in the PC column of -Oj the Table of Permitted Uses, subject, where specified, to the Special Permit requirements of Section 12, and any other applicable provisions of these Regulations: Permitted Principal Uses: Single, two-, and multi-family dwellings existing on the effective date of these Regulations. Special Permit Principal Uses: Two-family dwellingt subject to Section 4.8.12 Multi-family dwelling, subject to Section 4.8.12 Marinas Boat storage and sales yards Boat building yards Boat rental liveries Tourist Home marine hardware, equipment, and supplies Marine repair facilities Commercial fishing operations Restaurants having no more than 75 seats Fish fillet plant Professional offices only for: Marine architects Marine surveyors Yacht brokerages marine insurance brokers 4-21 Marine engineering companies Marine. contractors Sail lofts Yacht clubs Maritime museums, nonprofit Schools, water-related, except water skiing Permitted Accessory Uses: Buildings structures and uses accessory to permitted single,.two-, and multi-family dwellings Boardinghouses, as accessory to marina Retail sale, gasoline and lubricants, as accessory to marina Uses accessory to commercial fishing operations 4.8.3 Required lot area. Every parcel of property to be used for a use identified in Section 4.8.2 shall have a minimum lot area 0f twenty thousand (20,000) square feet. 4.8.4 Required lot frontage. Every lot shall have a minimum frontage of not less than eighty (80') feet. 4.8.5 _Required lot coverage. All principal and accessory structructure combined shall not cover more than thirty-five (35%) percent of the area of the lot. 4.8.6 Required front yard . There shall be a minimum front yard of ten (10') feet for every principal building. 4.8.7 Required side yards. There shall b- a minimum of two (2) side yard s for e very principal building with each side yard having a minimum width of ten (10' ) feet, except that the Commission, pursuant to its authority under Section 12 (Special Permit) of these Regulations, may specifically allow side yards having a combined minimum width of twenty (20') feet, where the Commission finds that adjacent lots are being developed in accordance with a single unified and comprehensive plan and the other criteria of Section 12, and of applicable building codes, are met 4.8.8 Required rear yard. There shall be a minimum rear yard of ten (10') feet for every principal building, and of ten (10') feet for any accessory building or structure. 4-22 4.8.9 PAD eligibility. The Planned Waterfront (PW) Zone shall he ;@@qTF,@e for c@ori -idiration of an application for Planned Area Development (PAD) pursuant to Section 4.8 (Planned Area Development) of these Regulations. 4.8.10 Maximum height limit. No building shall exceed a height of twenty (201 ) feet, pi-ovided, however, that the Commission may, by Special Permit in accordance with and under the standards provided in Section 12 (Special Permit), authorize huilrlinqs not to exceed a height of thirty (30') feet. 4.8.11 Requirements for industrial uses. The following shall apply to all industrial uses in the Pla@'ned Waterfront Zone: a. All outdoor loading or storage areas shall be screened from adjacent residential zones or uses by either (1) a landscaped hedge no less than eight (8') feet in height and having a planting bed no less than six (6') feet in width, which planting bed shall be protected from any adjacent parking area or driveway by a steel or substantial wood guard rail., or (2) a brick or stone wall having a height of no loss than six (6') feet and a base protected from vehicles in the same manner as the aforedescribed hedge. b . All trash and debris, inoperable motor vehicles, and the like shall, regardless of their location on the property, be screened as specified in subparagraph a preceeding. 4.8.12 Requirements for multi-famil dw Ilings- No application Tor special PrTnit to allow mult n1ly 'iwellings shall be received by the Commission except for the establishment of such LIGO in a building existing on the effective date of these Regulations. No such conversion to multi-family dwellings shall be approved by the Commission unless the following requirements, are met; a. The proposed conversion is contained entirely within a building which existed on the effective date of these Regulations, and in those portions of Such building which so existed on said date, such that the only building square footage which the Commission shall consider for conversion shall be that existing on the effective date of these Regulations, with the exception of stairways, elevator shafts, hallways, and other required accessory spaces not used for dwelling purposes, provided, however, that the sum of such spaces shall not exceed ten (10%) percent of the total building square footage as it existed on the effective date of these Regulations. 4-23 b The proposed conversion will t 1 in no way alter the architectural character of the building. c There shall be a minimum of 5,000 square feet of land for every unit proposed. d. All other requirements of these Regulations, including but not limited to parking,lot coverage, and the requirements of Section 12 (Special Permit) have been met. 4.8.13 Requirements for Marinas. The following shall apply to all marina uses in the Planned Waterfront Zone: a a. Marinas shall contain no more that) one ( 1 ) berth for nd every five hundred (500) square feet of adjacent land area owned by said marina and utilized for permtitted accssory marina uses, parking, and open space. b. Every marina shall provide a dump station for marine 2p sanitary devises, which dump station shall be connected to municipal sewers or a septic system approved by appropriate health officials, and, where required, the Connecticut t I Department of Environmental Protection. he a 4.8.14 Waterfront public ac cess. Public access to properties in the planned Waterfront Zone shall be provided as follows: a. No 1 public access shall be required for any existing or he proposed Sinqle-family or Two-family dwelling. b. For Marinas, Boat storage and sales yards, Boat building yards, Boat rental liveries, Marine repair facilities, Commercial fishing operations, and Fish fillet plants, no Special Permit shall be issued unless. the site plan therefor shall designate an area for public access, provided such public access can he designed or located. so as to be compatihle with the proposed use. Said public access shall, where required, be as close to the 'nigh tide line as is feasible, and shall be of a width suitable to permit public viewing of the water and the marine activities adjacent to it. in applying this requirement, the Commission shall attempt to reconcile the need for public safety and unhindered operation of marine activities with the desire of the public to view a vanishing part of the marine landscape. C. For multi-family dwellings, ToUrise Homes, Restaurants, all Professional offices, Sail Lofts, Yacht Clubs, Maritime Museums, Water-related schools, and all retail activities, no Special Permit shall be issued unless the site plan therefor, shall designate an area [or public access. Such 4-24 4 public access shall be parallel to the high tide line, shall be located not further than forty (40' ) feet distant from the high tide line, and shall be designed so that it retains an unobstructed view of the subject marine frontage alona its entire length. The width of the waterfront publl'c access shall be as wide as is feasible, considering the size and shape of the parcel, but in no case less than five (5') feet in width. The public access shall be improved as a pedestrian walkway and otherwise landscaped and improved as the Commission may require pursuant to its review under Section 12 (Special Permit) of these Regulations. Regardless of its location, the public access shall be connected to a public street by a public right-of- way having a minimum width of five (5') feet, which public riqht-of-way shall be improved as a pedestrian walkway. Both the public access and the connecting right-of-way shall be monumented in the field prior to the issuance of a Certificate of Occupancy, and shall be made to run with the land by the granting of a permanent easement to the Borough of Stonington. 4-25 71 W6 immWI ilia-III III", I- 4.9 Planned Area Development 4.9.1 Statement of Pur ose. The Borough of Stonington recog- nizes-Ch-atin order to achieve the goals of tile Borough Master Plan, it is necessary to permit, in certain cases, the waiver of strict conformance to portions of these Regulations, subject, however, to rigorous review of detailed site and building plans, d and the requirement of exceptional design quality in order to justify exceptional zoning flexibility. These Master Plan goals which the Planned Area Development Zone are designed to achieve include, but are not limited to, the following: the enhancement of diversity of residential opportunity; flexibility in the devlopment of properties which are unusual in terms of their C location and/or physical character; the mixing of land uses in a manner which is innovative and yet compatible and harmonious, especially in the area of the Borough waterfront; the protection of coastal resources as defined by Connecticut General Statutes Section 22a-93; and the maintenance of the Borough's historic character and beauty, its aquatic vistas and waterfront public accoss, its villaqe-scale streetscape, and similar amenities of the Borough as a seaside community of tile nineteenth century. 4.9.2 Planned Area Development Zone ('PAD). The Planned Area Development (PAD) Zone shall be @i floating zone which may, upon application and approval in accordance with these Regulations, be approved by the Town Plan and Zoning Commission. An application for PAD shall only be permitted for the following underlying zones- Residence, Planned Commercial, and Planned Waterfront. Regardless of its underlying zone, no application shall be permitted for any property indicated on the Boroug.h Master Plan as being at its full residential density capacity or as being proposed for preservation of its general density and character. 4.9.3 Minimum parcel size. No application for PAD Zone shall be permitted for any lot or lots having a total land area of less than twenty thousand (20,000) square feet. Any number of lots may be combined for purposes of a PAD application, provided, however, that all owners of record shall sign the application form, and shall submit partnership, incorporation, or other documents binding the owners to act as one person, and, in addition, all applicants and property owners shall be jointly and severally liable for any obligation created by an approval of a PAD Zone under these Regulations. 4.9.4 Permitted Uses in the'PAD Zone. Any use permitted in any zone under these Regulations may be permitted in a PAD Zone, 4-26 subject to review and approval by the Commission, and further subject to Xhe following conditions and restrictions: a. Any applicant under this PAD regulation shall have the burden of-establishing that any proposed use or uses are compatible with each other and with land use patterns on adjoining properties. Such proof must entail more than a mere assertion, but must include. expert testimony as to anticipated noise levels, hours of operation, peak times of activity and traffic, visual and noise screening measures, and the like. b. No PAD proposed for the Residence (R) Zone shall use more than twenty (20%) percent of the floor space of all buildings, combined, nor more than 20% of the land area of the site, for non-residential uses. C. No PAD proposed for the Planned Commercial (PC) Zone shall use less than fifty (50%) percent of the floor space of all proposed buildings, combined, nor less than fifty (50%) percent of the land area of the site, for commercial uses. Likewise, no PAD proposed for the Planned Commercial (PC) Zone shall use more than twenty (20%) percent of the floor space of all proposed buildings, combined, nor more than twenty (20%) percent of the land area of the site, for residential uses. d. No PAD proposed for the Planned Waterfront (PW) Zone shall use more than twenty (20%) percent of the floor space of all proposed buildings, combined, nor more than twenty (20%) percent of the land area.of the site, for uses which are not directly waterfront related, including, but not limited to, commercial fishing facilities and piers, marinas, chandeliers, boatbuilding and repair yards, seafood restaurants, marine architects and surveyors offices, and other similar uses which rely upon proximity to the waterfront, and are not merely enhanced by it. 1_1_@ I@qujrel lot area, frontage, and yards. There shall be .6 minimum ot area, ?_rontage, - yard requirements for the PAD Zone. 4.9.6 Required lot coveErage. All principal and accessory @tr@FCI@rj@@scom Fined not cover more than thirty-five (35%) h @al I percent of the area of the lot. 4.9.7 Maximum height No building shall exceed a height - IIILLLY @ju 1 reet. 4-27 t r 4.9.8 Max imum residential density. No proposal for PAD zone shall include Fe-sidential densities in excess of eight (8) units per acre for each acre of the property dedicated to residential e use. In determining the the acreage 'dedicated to residential ,ire uses in PAD applications for mixed uses, the area of the site '011 sball be multiplied by the ratio of residential building square footage to non-residential square footage. 0 4.9.9 Procedure for PAD applicatio@s, p ge Irien in a r y bm i s s i o n . its d! c t on, .:u Any applicant for PAD Zone nay, at k e written request for preliminary, non-binding opinion by the Commission to the effect that the proposed PAD concept, including the mix and density of uses, is appropriate for the location proposed and that the other findings required by these Regulations for c o f PAD approval could, in a final plan of sufficient detail, be made. Any such applicant shall, upon making such request, submi t to the Town Plan and Zoning Commission no less than ten e (10) sets of preliminary site and building plans. These plans least e shall contain at the following information: Y a. boundary survey of the property proposed for PAD Zone, 0 .1 certified by a Connecticut Registered Land Surveyor to the e A-2 level of accuracy. e r b. site plan showing building coverage and floor area, parking areas, landscaped and public open spaces, vehicular and pedestrian circulation patterns, and the same information for all properties within two hundred feet (2001) of the proposed property, including the names and addresses of the record owners.of such properties. -,t C. preliminary building plans, including renderings of the proposed architectural style, height, materials, and bulk of all buildings, and sample floor plans and a model of the 13 proposal at a suitable scale. ly d. a listing of all proposed land and building uses, including the square feet of land or building proposed for each, and the number and approximate size, character, and ownership pattern of residential units, if any; use 11) desiqnations must be specific, and categorical designations such as "commercial" or "industrial" will not suffice. e. information on the location, availability, capacity, and feasibility of service for proposed utilities.. f. A traffic study prepared by a Connecticut Registered Professional Engineer specializing in such studies, which study shall evaluate the proposed preliminary site plan for internal pedestrian and vehicular circulation, sight lines for access drives, and the capacity of adjacent and feeder streets to safely accept the additional traffic anticipated both from the proposed development at the time of 4-28 application, and at full development in accordance with the Borough Master.Plan as adopted or hereafter amended. 4.9.10 Procedure for PAD app receipt and referral. Upon receipt of a request and s, =r t T n materials as specified in Section 4.9.9 above, the Commission shall, at the Commission meeting following such submission, determine if the application is complete in accordance with these Regulations and, if so, the Commission shall set the application for public hearing within sixty-five (65) day-, thereafter. Besides the notice required in Section 14 of these Regulations for Publi,c Hearings, the Commission shall also require the proponent to send, by regular mail, written notice of the public hearing and the nature of the proposed development to the record owners of all property within five hundred (500') feet of the perimeter of the proposed PAD Zone, which mailing shall occur between ten (10) and fifteen (15) days prior to said Public Hearing. Failure of the proponent to comply with this requirement shall be grounds for a denial of the preliminary plan approval without prejudice at the discretion of the Commission. The Commission shall refer said plans for comments and reports to Borough staff and agencies including, but not limited to, the following: Borough Fire Chief, Town Fire Marshal, Town Police traffic. division, Town Bu*ilding Official, and Town Director of Public Works. The Commission may also refer the application to an architectural isory board should one be in existence. The Commission shall adv not discuss any pending application with the applicant at any Commission meeting prior to the preliminary plan public hearing. 4.9. 11 Procedure for PAD applications, preliminary plan T=indingsi Foll-o-w-in - - - F- q t e p requlr(@d n Section 4.9.10, the applicant shall demonstrate to the satisfaction of the Commission that: (a) the preliminary plans conform to all requirements of these Requlations, insofar as the level of detail of the proliminary plans permit thr@ Commission to so find, (13) the location and proposed uses of the PAD are in conformance with the adopted Borough Master Plan, (c) the PAD is superior to any development which might be permitted in accordance with the underlying zone designation, said superiority to be measured by the criteria contained in Section 12 (Special Permit) and the goals and objectives of the Borough Master Plan, (including, but not limited to, the goal of expanding the scope and diversity of residential opportunity) insofar as the level of detail of the preliminary plans permit the Commission to evaluate them, and, (d) the proposed PAD affirmatively contributes to the public health, safety, and welfare and the purposes of these Regulations as set forth in Section 1 '.0. In reaching these determinations, the Commission shall remain mindful that it is acting in its legislative capacity as the Zoning Commission of the Borough, and that said 4-29 -4 findings are, at the request of the applicant, preliminary to an application for change of zone. Should the Commission fin,3 all four determinations in the affirmative, it shall make written findings of [act to such e ffect, and shall specify any modifi- cations to the preliminary plans which the Commission might deem advisable. in considering these findings, and shall specify any additional information which may be required in order to make any of the determinations or findings described here.' If the Commission shall find any of the four determinations in the negative, or find that the information submitted is incomplete or inadequate for such determinations to be made, or shall find that the notice of the Public Hearing was not adequate to afford the public a suitable opportunity to review the proposal and comment knowledgeably thereon, it shall deny said :request with or without prejudice, as the case may be. 4.9.12 Procedure for PAD application fInal plan submission. a, If the Commission makes all of the @!;r. nations con7EaTne3 in Section 4.9.11 in the affirmative, the applicant may submit a formal. application for a change of zone.and a final plan. It the Commission has made any of the finds contained in section 4.9.11 in the negative, the applicant may still make a formal application for a change of zone and may still submit a final plan, but if, following the public hearing and submission of new evidence, the Commission shall still make of the afore- said findings in the negative, the application shall be denied with prejudice, Said application lor change of zone shall be accompanied by an application fee of One Hundred ($ 100.00) Dollars per residential unit, and/or a similar sum for every two ? thousand (2,000) square feet of non-residential building, which fee shall defray the costs of notice and professional review of said application, Said final plan shall contain all ilormation specified, and shall reflect all modifications enumerated by the Commission, following the preliminary plan public hearing, and, in addition, all information required for Special.Pprmit in accordance with Section 12 of these Regulations. In preparinq said final plans, the applicant may meet with the Commission in open session for informal discussion and guidance. The Commis- sion shall determine when the final plan submission is complete and shall, within si xty-five (65) days thereafter, set a publi@ hearing on the application for change of zone and the final development plan. The Commission's finding of completeness of the application shall be considered solely as a determination of the application's fitness for public hearing, and shall in no way act as a waiver of the Commission's authority to require additional information which these Regulations require or which Following said the Commission may deem necessary and proper. hearing, the Commission may approve, modify and approve, or deny said application with or without prejudice, as the case may be. Modification by the Commision may include conditions of approval to be met prior to endorsement and filing as set forth in Section 4.9.13, and may also include phasing requirements for 4-30 construction, completion of public improvements prior to com- pletion of certain construction phases, bonding of public improvements or project amenities by cash or insurance bond, and any other conditions or requirements which may be required to insure compliance with the objectives of the PAD Zone and these Regulations and to protect the public health, safety, and welfare. 4.9.13 Endorsement and Fi-ling of final plans. Within sixty- five (65) -days of the voEe-of-@p-p--r-o-v-a-T-o-t-tF-e Commission, the applicant shall submit a complete set of final development plans to the Commission, accompanied by signed and sworn statements by the applicants architect, land surveyor, and profesional engi_@ neer to the effect that the plans submitted are in conformance with all relavant provisons of the zoning Regulations of the Borough of Stonington and include all information and amendmentsl required by the commission in its final approval. The Chairman and Secretary of the Commission shall endorse said plans at thel next regularly scheduled meeting of the Commission, provided,I however, the Commission finds that the plans are, in fact,I conforming to the Regulations and to the final approval I to fil*1 Thereafter, it shall be the applicant's responsibili.ty ty e said plans in the office of the Town Clerk w 'ithin thir ( 30)1 days of their endorsement, and any plan not so filed shall be automatically null and void. 4.9.14 Construction and Completion. Construction shalil commence on any P-A-D--Z-on-e--a-p-p-E6T6T-1-ri-5-6-cordance with the finall plans within one (1) year of the filing in the office of thel Borough Clerk in accordance with Section 4.9.13, and any plan not commenced shall shall be null and void. Any such plan not completed, with a Certificate of occupancy issued in accordance@ with Section 4.9.15 below, within two years of the date ofI filing, shall likewise be null and void, and no Certificate 81, Occupancy shall thereafter be issued except upon the amendment@ procedure set forth in Section 4.9.16 (Major amendments). I I 4.9.15 Certificate of Occupancy. Prior to the issuance of al -E-ertificate of Occupany by the Building Official, the Commissionl shall, at a regularly scheduled meeting, receive signed, sworni statements from the project architect, engineer, and land surveyor to the effect that the project is complete ini accordance with the approved final plan, as it may have been amended in accordance with Sections 4.9.16 or 4.9.17 below, or , in the alternative, that said project is incomplete, thel' specific items remaining to be completed, and the estimated cost I of such work at market prices. The Commission shall considerl said signed, sworn statements along with inspection byl Commission members and/or staff reports and, if the Commissioni finds the PAD to be complete, it shall authorize the issuance ofl 4-31 a Certificate of occupancy. If the Commission shall find the PAD incomplete, it may, at its discretion, deny the issuance of a Certificate of Occupany or, in the alternative, authorize said issuance upon the posting of a cash or passbook bond in the amount of the value of the items to be completed plus ten (10%) percent administrative overhead. Said bond shall be released by the Commission when further signed, sworn statements by the relevant professionals are received, and the Commission finds that the remaining items are complete. .4.9.16 Major amendments to approved final @lan. Any major amendment shall be processed by the Commission as a new application in accordance with these Regulations. A major amendment shall be defined as including, but not limited to: alteration of the height, coverage, square footage, external appearance, or use of any building or structure; any significant or substantial rearrangement of such buildings or structures; any change in the resjdential units density, number of bedrooms in a significant proportion of the dwelling units, ownership pattern, or significant changes in the floor plan, of any building or buildings; any alteration of landscaped areas, public access spaces, Waterfront Vistas or Lines, recreation areas, or other amenities; any change in phasing or timing; any alteration to the utilities to be provided to the PAD. The Commission shall, in cases of question, determine whether a change shall be desiqnated as major or minor. 4.9.17 Minor amendments to approved final @evelopment plan. a. Any mM@r amendment to pp roved tinal deve P..nt Ian may be approved by the Commission, at its discretion, if it finds that the change will in no way diminish the affirmative benefit which the Borough derives from the subject PAD Zone, and will not alter any basic, substantive, or significant aspect or feature of it which was considered by the Commission and the public in their review of, and comment on, the original proposal. NO minor amendment may be approved without completely revised plans in accordance with Section 4.9.12, and endorsement and filing pursuasnt to Section 4.9.13 of these Regulations. 4.9.18 Special equ rements for PAD Zones in certain underlying zones. Y appl@ An cation for PAD Zone n the Plann ed Waterr'o nt Zone shall conform to the requirements of Section 4.8.14. 4-32 Section 7 Excavation and Filling of Earth Products Section 7.1 Statement of Purpose. The Borough Planning and Zoning Commission of the Borough of Stonington finds that the Borough is characterized by the following conditions: high residential density; a unique number of historic, landmark buildings and sites; generally small lot and parcel sizes; streets are narrow and access to the Borough is poor; all properties are within the Coastal Area Management Zone; the presence of numerous coastal and inland wetlands, generally shallow soils, and shallow depth to bedrock in most areas; proximity to valuable commercial shellfish beds; other conditions enumerated in the 9orough Master Plan and Coastal Area Management Plan, when adopted or as they may be amended. Th@erefore, the conduct of excavation and filling operations within the Borough must be severely limited in scope, intensity, 4 and frequency. Section 7.2 Authorization. This Section 7 is adopted pursuant to Connecti-cut General Statutes Section 7-1 48(22), and its provisions shall be enforced in accordance with the procedures contained in Section 11 (Administration and Enforcement). Section 7.3 Definitions. a) Commercial Excavation and/or Fill Operations: Any removal oF-f11-17i-ngof earth prEiducts from or upon any land or water area which i5 not for one of the purposes enumerated in Section 7.5 below (Permitted Excavation and Fill). b) Earth Products: including, but not limited tot stone, rand, gravel, loam, topsoil, peat, clay, and the like. c) Wetlands and Watercourses: All areas subject to the provisons of the Connecticut General Statutes Chapter 440 (tidal A! wetlands and inland wetlands and watercourses). Section 7.4 Commercial Excavation and/or Fill Ogerations. Commercial excavation and fill operaF-ionsare O-Colfil-f@if-(@T-i7n--tfie Borough of Stonington. Section 7.5 Permitted Excavation and Fill Operations. Subject To -Section 7.6 below (Wetlands and watercourses), the following activities are permitted as a:ccessory uses throughout the Borough of Stonington: 7-1 a Excavation and fill operations within actual road rights-of-way of public streets or highways of either the Town of Stonington or the State of Connecticut or within streets or roads as shown on a subdivision map, Planned Area Development Special Permit Plan approved by the Commission and duly Plan or file@ in the office of the Town Clerk. b) Excavation and fill operations upon a lot as directed and approved by the Building Official of the Town of Stonington as a result of bona fide construction,activity, such as building erection, for which activity a building permit has been issued by the Town of Stonington and a Certificate of Zoning Compliance by the Commission. c) Excavation and fill operations upon a lot as a result of bona fide landscaping or agricultural activity, provided that in no case shall such excavation result in the removal, filling, or regradinq of more than six hundred (600) cubic yards of earth products for each lot. Section 7.6 Wetlands and Watercourses. Anything in section 7.4 above (Permitted Excavation and Fill Operations) to the contrary notwithstanding, no earth products or any other materials shall be removed from or filled into any portion of any property which is located within one hundred (100') feet of the mean high water mark of any wetland or watercourse, except upon the issuance of a Special Permit in accordance with Section 12 of these Regula- tions and review pursuant to Section 13 of these Regulations (Coastal Area Management). Such Special Permits shall, where issued, provide for appropriate erosion and sedimentation control plans, which plans may be bonded by the Commission. 7-2 Section 8 Nonconforming. Uses, Buildings and Structures @4 Section 8.1 Statement of Purpose. It is the goal of these _io-ning F@_e4_ui_@-tlon@- to-preserve the character of the Borough of Stonington, to protect the public health, safety and welfare, to implement the Borouqh Master Plan and the Coastal Area Management Plan, and to achieve the other objectives set forth in these Regulations, while at the same time minimizing undue hardship for those whose purchase of property within the Borough predated these Regulations. Towards that end, this Section contains provisions which permit the reasonable continuation and utilization of existing uses, buildings, and structures. Section 8.2 Nonconfo m @n Use S. Any nonconforming use, as Te-Fi-n-ed _Uy_t_F_eseRe`g`uTr9 at ns, shall be permitted to continue notwithstanding any other provision of these Regulations or any amendment hereof, provided, however: a. Such use shall not he enlarged or extended, as those terms are defined in these Regulations. b. Such use shall lose its nonconforming use status and shall thereafter conform to these Regulations if it is abandoned for twelve ( 12 ) months or more, or the owner of the property manifests an intent to abandon the said use. C. Such use shall not be altered, as that term is defined in these Regulations, in such a manner as to increase the non-. conformity of such use. d. No nonconforming use shall be moved to any portion of a building, structure, or any part of a parcel of land where such use did not previously exist. Section 8.3 Restoration and Repair of Nonconforming Buildings. A builrlin@-or_structure containing a nonconforming use may be altered or improved, but not extended or enlarged, and may be repaired or reconstructed as made necessary by normal wear and tear or deterioration. Any building or structure containing a nonconforming use, which has been destroyed or damaged by fire, explosion, flood, or any act of God or public enemy may be restored to the same dimensions, floor area and cubic volume existing immediately prior to such damage or destruction, provided such restoration is commenced within one (1) year of such damage or destruction. 8-1 Section 8.4 Nonconforminq Buildings and Structures. Any non- -building or structure existing as of the effective date of these Regulations shall he. permitted to continue not- withstanding any provision of these Regulations or any amendment hereof, provided, however, that such nonconforming building or structure shall not be enlarged or altered in such manner as to increase the nonconformity of such building or structure. Section 8.5 Restoration and Repair of Nonconforminq Buildings and Structures. Nothing in these Regulations shall he deemea to prohibit the repair and maintenance of a nonconforming building or structure, provided such repairs or maintenance do not increase the nonconformity of such building or structure. Any nonconforming building or structure which has been destroyed or damaged by fire, explosion, flood, or any act of God or public enemy may be restored to the same dimensions, floor area, cubic volume, density, and site location as existing immediately prior to such damage or destruction, provided such restoration is commenced within one (1) year after such damage or destruction. Section 8.6 illegal Use. Nothing in these Regulations, including the provision of this Section 8, shall be interpreted as authorization for or approval Of the continuation of tile use of land, buildings or structures which are in violation of any zoning regulations in effect prior to the effective date of these Regulations. Section 8.7 Special Permits and variances. Nothing in these Regulations or any amendment hereof, nor any change in zoning classification, shall he deemed to require any change in the plans, construction, or designated use of any building, structure, or property for which a Zoning Permit, Special Permit or variance has been obtained and filed as required by these Regulations or the Connecticut General Statutes, as tile case- may be, prior to the effective date of these Regulations or such amendment Or change in zoning classification, provided, however, that the commencement of construction of said building or structure, or the start of the establishment of such use, shall have occurred within one (1) year,'and shall have been completed within two (2) years, from the effective date of these Regulations or such amendment or change in zoning classification. 8-2 Section 9 Off-street Parking and Loading Section 9.1 Statement of Purpose. As found in the Master Plan of FFe -Borod-g-hof Stoninqton, streets in the Borough are generally narrow, residential densities are high, and Off-street parking is very limited. The resulting traffic congestion is S vere, and is most serious in the commercial zones during the summer months and weekends when on-street parking is most prevalent. Although little vacant land remains in the Borough, it is necessary that new commercial and residential development at least provide off-street parking and loading areas required for that use, and preferably some surplus to relieve existing off-street parking shortages. In addition, such parking areas should be designed so as to be safe for both vehicles and pedestrians, attractive, and usable by the widest possible number of users. Section 9.2 General_Re_quirement. Any building or use these Regulations shall provide off-street parking and loading in accordance with these Regulations. Any extension or enlargement of a non-conforming building or use, or any conversion of an existing dwelling unit, shall require compliance with this Section 9 to tile extent of such extension, enlargement, or conversion. Section 9.3 Parking and Loading Specifications. a) Parking space: Fach and every parking space shall have a minimum width of n ine (9') feet and a minimum length of eighteen (181) feet, and shall he indicate,] on the pavement by painted stripes or other readily visible- demarcations. Said space shall be made accessible in non-residential uses by a maneuvering lane no less than twenty-two (22') feet wide for two-way traf f ic movement, and no less than eleven ( 1 1 feet wide for the one-way traffic movement. Said space shall be made P i n, rr @i iric,nt i al ijnr.-; by a maneuv,?ri.ng lane no less ;)nr) s'id,@walk3 for commercial %f-11 o,; no less than five (5' ) feet in idth, and shall be paved in accordance with the requirements 0 f Section 12 (Special Permit). C) Driveways: All parking and loading areas shall be a F -in ccessible iFo a public street by a driveway having a maximum width of thirty (30' ) feet for two-way traffic movements, and fifteen (151) feet per lane for one-way traffic movements. Said driveways shall be clearly marked as to entrance and exit lanes, and no sign or other visual Obstruction shall be established or maintained within a triangular area measured along the street line for ten (10') feet in each direction from any driveway, and 9-1 ten 10' feet distance from the curb measure,] alonq sa H driveway. d )Loading Area: Any loadinq area shall have a minimum width f Fen ( '10) feet, a minimum length of fifty (501 ) feet, and a Oinimum vertical clearance of fifteen (15') feet. No such m .9 loading area shall be counted in meeting the off-street parking requirements of this Section 9. e) Location: All off-street parking and loading areas require,) by this Section 9 shall be located on the same lot as the building or use for which they are required, and shall be located as conveniently as practical to said building or use, and sha11 be readily accessible thereto by the use of pedestrian walkways. Section 9.4 General Requirements for Off-street Parking Areas. All off-street parking areas for commercial and multi-family uses shall be: a) illuminated in accordance with the provisions of Sect ion 12 (Special Permit). b) Paved with bituminous or asphaltic cement or other permanent, hound, dustless surface. c) Graded and drained so as to dispose of all surface ater accumulation within the parking area, and to trap sediment or debris. No surface water from any off-street parking or loading area shall be permitted to drain onto adjoining property !)Y or onto any public street. d) Landscaped and screened so as to reduce the visual impact of large paved areas from adjoining properties and public streets. Landscaped islands shall be included to demark the ends of parkinq rows, the location of access drives, and the location of pedestrian walkways. Section 9.5 Joint Use of Off-street Parking_ Spaces. Notwith- standing the provisi in ons of Section 9.3(e), the Commission may, in the case of a Special Permit in accordance with Section 12 of these Regulations, permit abutting property owners to utilize one parking area, provided, however that: IM a) Said parking area shall contain the minimum number of d parkinq spaces required by these Regulations for each use; and b) each property owner and applicant shall sign cross- easements which will run with the land, binding present and future owners to permit common use of said parking area and 9-2 requiring said owners to apportion the costs of maintenance of said parking area. Section 9.6 Contin Character of Obli@ation. The require- vping ment for the pro n of of f-street parKing and loading areas shall be the continuing obligation of the owner of the real property upon which any structure or use is located for as long as such structure or use is in existence and its requirement for off-street parking and loading areas continues. It shall be a violation of these Regulations fopr any owner of any structure, use, or real property to discontinue, obstruct, or in any way r move from full and free use and parking or loading spaces requi red by these Regulations. Section 9.7 Off-street Parking Requirements. The following Z;Tf-street parking requirements for structures or uses are minimums, and the Commission, pursuant to Section 12 (Special Permit) may require additional parking spaces where the nature of the development, its location, and any unique features of the development or the surrounding area require such additional parking spaces. In determining the appropriate use category or categories to be applied, the decision of the Commission shall e be final. in buildings or on lots containing mixed uses, th Commission shall apply the appropriate standard to each such use, and shall aggregate the total parking spaces required. Wherever the term "floor area" is used, it shall refer to gross floor area- a) Dwelling units: one and one-half (1-1/2) parking spaces per unit. b) Boardinghouses, hotels, and other transient lodgings@: one and one-half (1-1/2) parking spaces per room or unit. c) Restaurants: one (1) parking space for every fifty (50') feet of floor area. d) Industrial uses: one (1) parking space for every tw 'b hundred and fifty (250) square feet of floor area, except warehousing uses shall have one (1) parking space for every four hundred (400) square feet of floor area., e) Retail commercial uses: one (1) parking space for every one hundred and fifty (150) square feet of floor area. f) Professional offices, except medical: one (1) parking space for every one hundred and fifty (150) square feet of floor area. Medical and dental offices: one (1) parking space for every one hundred (100) square feet of floor area. 9-3 g) Marinas: five (5) spaces for each marina, plus one (1) additional space for each berth. h) Commercial fishing docks: five (5) spaces for each ire- commercial fishing dock, plus one (1) additional space for each reas berth. la * g i ) Customary home occupations: one (1) space for each employee in addition to spaces required for the principal e a residential use. I , l j) Clubs, places of worship, theaters, places of public S assembly: one (1) space for every four (4) seats. Any parking calculation which results in half parking spaces shall he rounded up to the next whole number. in re al Section 9.8 Off-street Loading Requirements. Every commercial or industrial use, and every multi-family residential building, e shall have one (1) off-street loading space for each five 2p1 thousand (5,000) square feet of floor area. The foregoing or off-street loading requirement is a minimum, and the Commission, pursuant to Section 12 (Special Permit) may require additional 1he loading spaces where the nature of the development, its ch location, and any unique features of the development or the d surrounding area require such additional loading spaces. I g ty I Wo 4qp four or ing r r 9-4 section 10 Unified Sign Regulation Section 10.1 Statement of Purpose. One of the most important o Is o the a opted Borough Master Plan is the preservation of the character of the Borough of Stonington. The Town Plan and Zoning Commission has observed in other communities that one of the -features which is most destructive of historic areas and their architectural character is the placement of signs which are inappropriate in size, color, illumination, or location. These Unified Sign Regulations are designed to permit signs which adequately identify buildings and sites which are of interest to the public, but insure that they are of such design as will meet the objectives of the Borough Master Plan. Section 10.2 Definitions. a) Son: Any structure, or part thereof, or any device 1,-h-1 htilldinq or n1ructure or painted or represented which ov Itioltides letters, words, symbols, 4P 11 01 iiiy other qxaphic representation which is in the .11, annotiliooment, direction or advertisement for cominorcial purposes or otherwise; similarly, any natural object, such as a tree, stone, or the earth itself, which is painted or arranged so as to represent or display any of the aforesaid graphic representations; any building feature, including roof or other special illumination, special colors or effects, or building or roof lines which serve to identify the use or occupancy of any building or Site through a recognized motif or symbol. The term "sign" shall not include the flag of any nation, state, or other political unit. b) Sign c:: The sign face is a plane defined by one continuou . P.:?m ter of that rectangle, triangle, or circle having the smallest area which encompasses all lettering, wording, design, or symbols togeth'er with any background different from the balance of the wall on which it is located, if such background is designed as an integral part of and related to the sign. Such perimeter, however, shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. For the purposes of these Regulations, two-sided signs shall be considered to have only one sign face. Section 10.3 Signs Prohibited in All Zones. No sign located in the Borough of Stonington shall: a) Include or utililize any blinking, flashing, oscillat- ing or rotating lights. 10-1 b) Be comprised of neon signs, or internally illuminated signs, or signs externally illuminated by other than conventional fluorescent or incandescent lighting shielded and focused directly upon the sign face. id c) Rotate, revolve, or exhibit any mechanical movement whatsoever, excepting clocks and/or barber poles. d) Extend above the lowest point of the roof line of any building. 'is e) Extend across any property line, escept that signs in Planned Commercial and Planned Waterfront Zones may project over the sidewalk where permitted by the Commission pursuant to Section 10.7 (Sign Permit) below. f) Be located or erected at a street intersection so as to interfere with safe sight lines for pedestrians or vehicles. a g) Cont.in any representation of signs or lights custom- arily associated with public traffic control, such as traffic lights, stop signs, and the like, nor shall any sign contain the words "stop," "danger" or any otbe 'r word or words, symbol, or device which might be misconstrued as a public safety or traffic control sign or device. h) Obstruct any door, window,- fire escape, or other means of ingress or egress for any building or site. Section 10.4 Maximum size of Sign Face and Maximum Number of nes. There dential Zo shall be a maximum of one (1) sign for each single-family or two-family dwelling unit with a maximum sign face of two (2) square feet. There shall be a maximum of one (1) sign for each multi-family development or complex under one ownership, or identified as a single devolop- ment to the public, which sign shall have a maximum sign face of two (2) square feet. There shall be a maximum of one ( 1 ) sign for any customary home occupation with a maximum sign face of two (2) square feet. Legal nonconforming uses in residential zones shall be subject to the sign regulations for. the zone in which such use.would be permitted. Section 10.5 Maximum Size of Sign Face and Max.imum Number of re-side-Ei a, Zones. Th ere shall be -i -maxi-m-u-m-61f -one n @n sign per street frontage for each non-resident ial use, except that a site or building containing more than one use may, in addition, display one sign per frontage for the entire site or bu@ilding. Each sign in non-residential zones shall have a maximum area of twelve (.12) square feet, provided, however, that the total gross area for all signs on any lot shall not exceed one (1) square foot for each linear foot of building facing the 10-2 J. street or, in the absence of any building, one-half (1/2) square foot for each linear foot of lot frontage on the street, but in no case more than forty-eight (48) square feet of gross sign area. Signs on non-residential buildinqs or lots having more than one use shall be of uniform character, illumination, and general design for each such building or lot. Section 10.6 Non-conforming Any sign lawfully existing effective date of in[ on the Regulations which is not conformity with the provisions of this Section 10 shall he deemed a non-conforming sign, and shall be permitted to continue in use, subject to the provisions of Section 8 (Nonconforming uses, buildings, and structures). Section 10.7 Sign Pe it Rpruired. A sign permit from the Commi'@`sion sfiall be reqM- 0 uied all non-residential signs, and for all residential signs exceeding two (2) square feet in area.@ Every application for a Sign Permit shall include the following information: a) The design and size, colors, structural details, and the method of illumination, if any, for each sign. b) The location of the sign on the site or building, and the position of such sign relative to other buildings or structures on the site. c) The above information for any signs already existing on@ the lot or building. Section 10.8 Standards for Sign Permit: In evaluating any applicati6n for Sign Permi 1 the Commission shall insure that the size, design, and placement of signs are consistent with the historic character and appearance of the Borough. The Commission shall also evaluate the construction and means of support for all signs and shall require them to be adequate and secure, The Commission shall also evaluate any application for Sign Permit in the light of the Purposes of these Regulations (Section 1.0) and the adopted Borough Master Plan. Section 10 -9 Exemption from Si Permit: The following signs shall be exemp t from t he iequginrements of Section 10.7 (Sign Permit required): a) Residential signs less than two (2) square feet in area. b) A real estate sign not over four (4) square feet in area advertising the sale or lease of the premises on which it 10-3 is displayed. Such signs shall be removed not later than fourteen ( 14) days after the sale, rental, or lease is consummated. c) Historic, marker signs, provided they are carved into stone or concrete, or made of bronze, brass, or similar mater ial, and permanently affixed to or integrated into the construction of the building to which they apply. Such signs shall contain only the names of non-commercial buildings, dates of erection, and commemorative citations. d ) Changing, of the advertising copy or message on an approved or nonconforming painted or printed sign. e) Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made. f) Temporary signs, not to exceed twelve (12) square feet in area, advertising non-profit or government sponsored events. Such signs shall be removed within fourteen (14) days after the event so advertised. Section 10.10 Siqns Associated With Uses Requiring a Special Permit. Any sign associated with or to be associated with a building or use for which an application for Special Permit has been made pursuant to Section 12 of these Regulations shall, in addition to the requirements Set forth in this Section 10, be subject to and comply with the provisions of Section 12 (Special Permit). 10-4 A, OR V Section 11 Administration and Enforcement Section 11.1 Zoning Enforcement Officer(s). These Regulations shall be ad stered and enforced by such Zoning Enforcement Officer or Officers as the Commission shall, by resolution, designate, including members and alternate members of the Commission. Section 11.2 Enforcement and Penalties. These Regulations shall be enforced by the Zoning Enforcement Officer(s), or his/her/their designee, who shall be empowered to cause any. building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any conditions found to exist therein or thereat in violation of,any provision of these Regulations. The owner or agent of a building, structure, or property where such violation shall have been committed or shall exist, or the lessee or tenant of an entire building or an entire lot where such violation shall have been committed or shall exist, or the agent, architect,* builder, contractor or any other person who shall commit, take part or ass ist in such violation or who shall maintain any building or premises in which such violations exist shall be guilty of a misdemeanor punishable as provided in Chapter 124 of the Connecticut General Statutes. Furthermore, the Commission may at its sole discretion, direct the %orough counsel to commence criminal or civil action in State or Federal court for the purpose of enforcing the provisions of these Regulations. Section-11.3 Certificate of Occup@@IjSy. No building or - - - - - - - - - - - - - - - - - - - - structure shall be occupied or used, nor any use of land establiehed, nor shall any addition, extension, or alteration of any building, structure, or use be occupied or used until the Q issuance of a Certificate of Occupancy by the Building Official@ of the Town of Stonington. Such Certificate of Occupancy shall not be issued unless the subject site, building(s), and structure(s) conform to any Special Permit, and any conditions attached thereto, issued by the Commission in accordance with these Regulations. The Building Official may issue a temporary Certificate of Occupancy where a portion of a building, site, or structure is completed and ready for occupancy, in accordance with the bonding procedure set forth in Section 12.9 (Special, Permit, Certificate of Occupancy). Section 11.4 Certificat of Zoning Compliance. The Commission -lution, prM for tEe may, by reEo ide issuance of a Certificate of Zoning Compliance for any site, building, or 'structure which has' been reviewed by the Commission pursuant to any provision of these Regulations. Such Certificate shall he evidence that such site, building, or structure conforms to these Regulations and/or to the requirements and conditions attached to any Special Permit issued hereunder. The Commission may provide for such Certificates to be issued by any person or persons designated by it, including any member(s) of the Commission. Section I Permits and Variances. No person who has 1-1 S ec obtained a Speff.PaPtrmit or variance shall attempt to erect any building or structure, or establish any use of land, which is not in conformance with any element of the plans, descriptions, applications and supporting materials, information, specifica- tions submitted, or any represenations of fact made, before the commission or the Zoning Board of Appeals, as the case may be, without an amendment as provided in these Regulations. Like- wise., no person who has obtained a Special Permit or variance shall attempt to violate any condition imposed such Sp cial pn e Permit or variance. Violation of this provision shall be grounds for the Commission or Zoning Board of Appeals, as the case may be, to void said Special Permit or variance, and to take such other legal action as may be required to secure compliance with said Special Permit or variance and the conditions attached thereto. Section 11.6 Application Fees. The Commission may, by reso- T_ u @ion set application fees for any application required by these Regulations for which an application fee is not specifi- cally designated. Such fees shall, where applicable, conform to the General Statutes, and shall be in reasonable amounts to the cover the costs of legal notice, public hearing, professional review, and other costs arising out of the particular application. Section 11.7 Amendment. These Regulations may be amended by the Commission, after public notice and public hearing, in accordance with Section 8-1 of the General Statutes. 11-2 j Section 12 Special Perm t Section 12.1 Statement 0 f Purpo It is the purpose of the Special Permit provision of the::* Regulations to insure that s the use of land within the Borough of Stonington is in accordance with the purposes expressed in Section 1.0 of these Regulations and with the objectives of the Borough Master Plan. The Borough recognizes that many uses of land may be rendered acceptable or unacceptable for particular locations by numerous factors, including the appearance and arrdngment of structures, the compatibility with adjoining land uses, and capacity of adjoining streets, the availability of parking, and other considerations enumerated in these Regulations. Section 12.2 Authorization for_Special Permit. The Planning and Zoning Commission of the Borough of Stonington is authorized to grant a special permit in accordance with Connecticut General Statutes Section 8-2, for the purpose of meeting the provisions of this section and these Regulations. Section 12.3 Requirement for Uecial Permit. In any instance involving a use or uses requiring a special permit as set forth in Section 4 (Use Regulations) and Section 5 (Table of Permitted Uses) of these Regulations, land and water areas shall be used, an uses altered or expanded in space, time, or intensity, and s bui ding or structures erected, altered, enlarged, or used only after receiving a special permit in accordance with the provisons of this Section. In non-res.idential zones, the Commission may, by resolution, waive the Special Permit req uirement where it finds that one use is to be substituted for anotherr and that the new use will require no greater parking than the original (as per Section 9, Off-street parking and loading, of these Regulations), nor shall it entail any exterior change to the building or site, nor shall such new use have any' impact different from the original, such impact to be measured by the standards set forth in Section, 12.12 and 12.13 of these Regulations. Section 12.4 Procedure for Specia Permit, informal discussion. 'r itte Any proponent of a us@T p _d by Special Permit (hereafter, Special Permit Use) may request the opportunity to place such It proposal on the agenda of a regular or special mee ing bf the Commission for the purpose of presenting preliminary plans or concepts and receiving preliminary comments, observations, questions, or areas of concern. Neither the proponent nor the Commission shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense, and inconvenience to the public, the proponent,, 12-1 and the Commission upon the future receipt, if any, of a formal application for Special Permit. Following any informal discussion, the Commission may suggest that the proposal, or certain aspects thereof, be referred to other municipal, state, or Federal agencies for review and comment, or may suggest that ti addi onal information is or will be required prior to action on a formal application for Special Permit. Section 12.5 Procedur Permit, forma ton. I for Special applicat Any applicant for Special Permit shall submit a tormal ppl a- tion bearing the signature of both the developer/appl i cant and the property owner of record, and containing such other infor- mation as the Commission may prescribe in these Regulations (see Section 12.11, Required information) and in its application form. Said application shall be accompanied by an application fee of Fifty ($50.00) Dollars per residential unit and/or per two thousand (2,000) square feet of non-residential building area. Said app.lication shall also be accompanied by all information required in Section 12.7 (Required information) below, five (5) copies of each plan or other item of informa- t ion. At its next regularly scheduled 'meeting following said submission, the Commission shall review the application docu- ments and, if it finds them to be complete, shall schedule 'a Public Hearing within sixty-five (65) days thereafter. The Commission may, at its discretion, refer copies of the appli- cation and accompanying document- for review and comment by any government agency or official, or a professional staff person retained for that purpose. Section 12.6 Procedure for Special Permit, action. Following the Public Hearing on the application for Special Permit, the Commission shall, within sixty-five (65) days, vote to approve, modify and approve, or disapprove, with or without prejudice, said application, and shall state, upon the record, its written reasons for such action. Within fifteen (15) days of such vote, the Commission shall cause to be published in a newspaper having substantial circulation in the Borough, a statement of the action taken and any conditions attached' to an approval, and a copy of the motion of approval or denial, and the reasons therefore, signed by the Secretary of the Commission, shall be addressed by certified mail to the person who applied for the Special Permit. Section 12.7 Procedure for Special Permit, endorsement and (65) days of the Commission appro;@Tl_, the applicant shall submit two (2) sets of final plans on linen or mylar, reflecting all conditions or modifications required by the vote of the Commission, and accompanied by signed, sworn statements of the project land surveyor, engineer, and archi- tect, if one has participated in the preparation of the applica- 12-2 tion materials, to the effect that the plans submitted are the same is those approved by the Commission, except for the depic- tion of modifications or conditions required by the Commission in its approval vote. If, upon considering said statements and reviewing the plans submitted, the Commission shall find them to be in accordance with the final approval, they shall be endorsed by the signatures of the Chairman and Secretary of the Commission. Thereafter, it shall he the responsibility of the applicant to file one (1) set of said plans in the office of the Borough Clerk and one (1) set in the office of the Town Clerk of the Town of Stonington, as required by Connecticut General Statutes Section 8-3d. The temaining set shall be submitted, along with the receipts from the Town and Borough Clerk, to the Building Official prior to the issuance of a Building Permit. Section 12.8 Construction and completion. Construction shall PermFt commence on any special in accordance with the final plans within one (1) year from the date of the Commission's approval thcrr@ol , and any plan not commence(] shall he null and void. Any such plan not completed, with a Certificate of Occupancy issued in accordance with Section 12.9 below (Certificate of Occupancy) within two (2) years of the date of the Commission's action shall likewise be null and void, and no Certificate of Occupancy shall thereafter be issued except upon the amendment procedure set forth in Section 12.10 below (Amendments). Section 12.9 Certificate of Occupancy. Prior to the issuance of a Certificate of Occupancy by the Building Official, the Commission shall, at a regularly scheduled meeting, receive signed, sworn statements from the project architect, engineer, and land surveyor, if one has participated in the preparation of the application materials, to the effect that the project is complete in accordance with the approved plan, as it may haVe been amended in accordance with Section 12.10 (Amendments) below, or, in the alternative, that said project is incomplete, the specific items remaining to be completed, and the estimated cost of such work at market prices. The Commission shall consider said signed, sworn statements along with inspection by Commission members and/or staff reports and, if the Commission finds the project to be complete in accordance with the approved plans, it shall authorize the issuance of a Certificate of Occupancy. If the Commission shall find the project incomplete, it may deny the issuance of a Certificate of Occupancy where such incomplete items are detrimental to the public health, safety and welfare, including adequate parking, vehicular and pedestrian circulation, lighting, drainage, and the like. if such incomplete items are not as immediately detrimental to the public health, safety and welfare, the Commission may authorize the issuance of a Certificate of Occupancy upon the posting of a cash or passbook bond in the amount of the value of the items to 12-3 ............. be completed plus ten 1 0%) percent administrative overhead. Said bond shall be released by authorization of the Commission when further signed, sworn statements by the relevant professionals are received, and the Commission finds that the remaining items are complete. Section 12.10 @ Amendments to Approve@ Special Permit. Minor ved Speci. amendments to an appro 'l Permit may be approved by the Commission provided said amendments do not alter the overall character, quality, density or intensity, uses, amenities, parking, or other major features of the Special Permit as approved. Minor' changes shall include, but are not limited to: slight relocations of paved areas, utilities, landscaped areas, lighting, and other site features because of unforeseen topographic or other field conditions; substitution of materials or street furniture which are of the same or better quality than those approved; changes in color. Major amendments shall be treated as new applications for Special Permit in accordance with the procedure set forth in these Regulations. Major amendments shall include, but are no limited to: any alteration of building coverage, square footage, bulk or use; any alteration in the square footage of landscaped areas or public acce@s areas or public vistas; any alteration in residential density, bedroom number or arrangement, number of kitchens or bathrooms, enclosure of porches, and the like; any alteration to the lighting, paving, street furniture, or other amenities of the site; any alteration to the exterior walls, doors, windows, roofs, or other building features visible from the street, including interior features designed or intended to be visible from the street; any other alteration which affects the overall character, quality, density or intensity, uses, amenities, parking or other major features of the special Permit. The Commission shall, in cases of question, determine whether a change shall be designated as major or,minor. Section 12.11 Re _quired information for Special Permit accompany any application for Special Permit as set forth in Section 12.5 (formal application) of these Regulations: 1. Site Plan Every application for special Permit shall be accompanied by a site plan at a scale of not smaller than one ( I") inch equal to twenty (20' ) feet, which site plan shall be prepared and sealed by a licensed architect, land surveyor, or professional engineer. In addition, such site plan shall indicate the boundaries of the site, and the owners of any parcel or parcels comprising it, which information shall be prepared and sealed by the Connecticut Registered Land Surveyor, and shall include a certification that said plan is to a 12-4 oil stated accuracy of 0.01 and 20" according to accepted standards for a "Class A-2 Transit Survey" as defined by the Connecticut Association of Land Surveyors, Inc. Said site plan shall include a location map at a scale of one (1") inch to one hundred (100') feet depicting the subject property and all abutting properties. Said site plan shall contain, at a minimum, the following information for the site: 1* ite 1:yout ti :' existing contours, groins 11" Ing and bulkllads, docks, piers, and wharves; specimen trees, shrubs, and tree or shrub areas; special site features, such as ledge outcrops, scenic or marine vistas, landmark structures and sites, and the like; location and capacity of utilities serving or capable of serving the site, as well as underwater I cables and pipes, where adjacent to the site; existing uses of land; existing driveways, walkways, and parking areas, including walkways within any adjacent street right-of-way; easements or covenants running with the land. 2. Site Coastal Zone Mana?neienent data: the location of -ill -tidal wetlands as def d by Connecticut General Statutes Section 22a-29 and of all freshwater wetlands and watercourses as defined by Section 22a-38; the location of Flood Hazard areas as designated on the Federal Flood Insurance Rate Map for the Borough of Stonington, and the rate map designation of such areas; the location on the site of all coastal resources as shown on a plan entitled, "Coastal Resources 1979. Prepared by Coastal Area Management Program, Connecticut Department of Environmental Protection." or any amendments of said map; the location of any adjacent anchorage area or channel designated by the U.S. Coast Guard or the Harbor Master of the Town of Stoningt on; the location of the mean sea level. 3. Site layout, proposed: a) buildings and structures: proposed buildings and structures: location and square foot coverage; buildings proposed for demolition; accessory buildings and structures, including signs; the use of all buildings and the square footage of each such use; all structures, including piers, docks, jetties, and other structures to be located above the mean high water mark. b) proposed site features: contours, including proposed excavation, filling, and grading, and volumes of material to be moved; uses of land including outside storage or display, and the square footage of each 12-5 designated use; percent of building coverage, percent of open space; alterations in boundaries; required yards; lighting fixtures; off-street parking: the location of parking areas, number of spaces in each, dimensions of spaces and aisles; direction of traffic J Clow; pedestrian circulation patterns; wheel stops and curbs; stormwater drainage system and improvements, where required, to public storm sewer system. c) miscellaneous: proposed future division of land among property owners; phasing shedule of development; proposed easements or covenants of any kind running with the land. 4. off-street Parking: calculation of the square Y-ootage of building or land area used for any proposed use, the required number of parking spaces per use in accordance with Section 9 (Offstreet Parking) of these Regulations, and the total numbpr of parking spaces to be provided on the site; location of all pedestrian and vehicular easements to permit access to adjoining sites and the proposed text of all easement documents. I;ndLand aping and open space: the location of all S,:ap:c d are g. a d the ir total square footage; the location of trees and shrubs, and a table or key indicating their type and number, their size at planting, and their mature size; materials of walkways and parking areas, and samples where required; location, height, and construction of all fences and walls, including retaining walls; the location, number, and design of all street furniture, including benches, planters, trash receptacles, tree grates, and the like. L tIghtif : the number, height, and location of all 'i-igh ng ixtures, including building-mounted fixtures; the mean, peak, and minimum light levels produced; the wattage and type of all luminaires; illustrations of the poles and luminaires to be utilized. 7. Utilities: the location of all proposed utilities to serve tiT-esite, and evidence from the appropriate public or private authority' that there is adequate capacity to serve the site and the proposed uses; the desing of all stormwater drainage structures, calculation of increased peak flow, the location and 4, design of detention and/or siltation ponds, and evidence of the adequacy of public stormwater systems to receive the proposed runoff. 8. Buildings and structures: total number of dwelling units, including units per thousand square feet of land; floor plan for residential conversions, showing 12-6 existing and proposed rooms, partitions, and uses; where an exterior elevation of a building is to altered, or in the case of new construction, the building elevations, including front, sides, and rear, depicting all building details, including, but not limited to, the following: a. door and window location and type; b. building materials, including samples of materials, color chips, manufacturers illustrations, and the like; C. location of all roof-mounted or ground-mounted heating or air conditioning equipment or e ventilation ducts, and the proposed screening therefore; d. building-mounted signs or lighting, including roof, eave, or soffit lighting, if any. 12.12 Findinqs re_ql!ired for approval of Special Permit ---------- -------- - - - ------- - - a . That application is complete and includes all materials and information required by the Commission in order to reach the findings contained herein. b. That the application conforms to all relevant provisions of these Regulations. That the application is not significantly adverse to any recommendation or objective of the Borough Master Plan. d. That the proposed use is appropriate for the desi(Inated location with regard to: the size and intensity of the proposed use, and its relation to existing land uses; @he capacity of adjacent and feeder streets to accommodate peak and average traffic volumes, and special traffic characteristics, of ,7, the proposed use; the obstruction of light or air, or the emission of noise, light, smoke, odor, gas, dust, and/or other offensive emissions without adequate buffering or controls; the overall impact on neighborhood property values, and any limitation on the existing or future use of adjacent properties; special problems of fire or police protection inherent in the proposed use; the preservation of the character of the neighborhood; the availability of adequate sewer, water, storm- water and other utilities which the use may require. e. That the site and building plans are designed so as to minimize the delay, inconvenience, and expense of providing for the public health, safety, and welfare, including" but not 12-7 @4 limi ted to the following: adequate access for emergency vehicles and equipment; adequate utility capacity; floodproofing S measures which may be desirable, even if over and above the minimum requirements of these Regulations; provisions for e control of erosion and siltation; provisions for the protection of the physical environment; avoidance of glare visible from public streets or adjacent properties. f. That ..the proposed activity with any conditions or modifications imposed by the Commission is consistent with all applicable policies of Section 22a-92 of the Connecicut General Statutes and incorporates as conditions or modifications all he reasonable measures which mitigate the adverse impacts of the proposed activity on both coastal resources and future waterdependent development activities. d g. That the overall architectural character of the site and building designs are not detrimental to property values ing in the Borough, and will preserve its existing historic character in terms of scale of buildings, the preservation of aquatic vistas and public access, materials used, roof lines, door and window details, site and building lighting, paving materials, landscaping, signs, colors, and all other features of the site and buildings which are visible from the exterior of t any building on the site or from adjoining properties or streets, or which may impact-the character or quality of life on adjoining proerties or throughout the Borough. to 12.13 Specific recomendations quirements for sites and nd Fu-ildings. The tollowing recomMartlons and requirements are provided to assist the applicant in determing the specific items which the Commission will examine in evaluating any application for Special Permit, and the preferred or required features, as r Se the case may be: a. Building materials: preferred building materials e shall be with brick,-stone, or narrow-width siding, or the like. of Not preferred are metal, unfinished concrete block, and asphalt the shingle siding. Roofing materials should, where visible, be d cedar shake, slate, copper, or reasonable equivalents. Tar paper, metal, or plastic roofing surfaces are strongly discouraged. Building- mounted lighting shall utilize shielded Re her light sources, and shall be of a style and character which is in 'he harmony with the character of the Borough. Building-mounted y flood-lights, and ornamental building lighting are discouraged. All roof-mounted ventilation, heating, and air conditioning b equipment, including solar collectors, should, where possible, e be recessed or otherwise incorporated into the roof design so that they are not visible from any adjacent property at the height of the proposed building, not 12-8 b L ig ht ing_: all commercial, industrial, and multi-Eaii-li-i--i'e-sTjj'6-Clai parking lots shall be illuminated to an average level of one-half footcandle per square foot. Lighting standards in parking areas shall not exceed twelve (12') feet in height. Luminaires shall have shielded light sources to prevent glare. Pedlestrian ways shall be il luminated by light bollards or other low-level lighting standards with shielded light sources. All loading areas, rear entries, and other high crime areas shall be illuminated to the level of parking areas. C. =Yplan: all site plans shall provide for pedestrian wa s _ii@d circulation in commercial, industrial, and multi-family residential parking areas and around buildings. Walkways along public streets are required and should be constructed of slate, brick, or concrete and be a minimum width of five (5') feet. Interior walkways should be constructed of slate, brick, or suitable paving blocks, but in no case shall they be gravel or earth. d. Lands aping: all building foundations should be with su@ landscaped 'tabl e trees and shrubs. All parking areas should be screened from adjoining properties and streets by landscaping, and landscaped islands should be incorporated into parking lots to direct vehicular and pedestrian circulation and to reduce the visual impact of large paved areas. All desiduous trees shall have a minimum caliper measured at breast height of two and one-half inches (2 1/2" DBH), all evergreen trees shall have a minimum height of six (6' ) feet, and all shrubs shall be of a size at least one-third their mature potential. All artificial trees, shrubs, or grass are prohibited, except for, seasonal, festive, or other temporary decoration. 12-9 Id Section 13 Coastal Area Management Section 13.1 Coastal Site Plan Requirements. For all construc- tion, modific5-tio-n- or-ch ange in use of buildings,.Eacilities, and property in the Borough of Stonington within the Coastal Boundary, excepting those listed in Section 13.2, below, the applicant for a Special Permit or Certificate of Zoning Com- ,)r pliance shall submit a Coastal Site Plan in accordance with Connecticut General Statutes Section 22a-105 through 22a-109. This Plan shall include the location and spatial relationship of coastal resources on and contiguous to the site defined in Connecticut General Statutes Section 22a-93, a description of 'r the entire project with plans indicating location, design, 11 timing and methods of construction; an assessment of the capa- bility of the resources to accommodate the proposed use; an assessment of the suitability of the project for the site; and evaluation of the potential beneficial and adverse impacts of the project; a description of proposed methods to mitigate Y adverse effects on coastal resources and on future water- dependent development opportunities; a demonstration that the adverse impacts of the proposed activity are acceptable; and a demonstration that the proposed activity is consistent with the coastal policies contained or referenced in the Coastal Management Act, Connecticut General Statutes Section 22a-92. (Note: the entire Borough of Stonington is within the Coastal Boundary, as defined in Connecticut General Statutes Section' 22a-94. Section 13.2., The following uses are exempt from the require- ment to submit a Coastal Site Plan under the authority of Connecticut General Statutes Section 22a-109(b): (1) Minor additions to, or modifications of, existing buildings and detached accessory buildings. (2) Construction or modification of structures incidental to the enjoyment and maintenance of residential property, including detached accessory buildings, walks, terraces, swimming pools, tennis courts and docks. (3) Construction or modification of on-premise fences, walls, underground utility connections, essential sewer service lines, essential electric, gas and telephone lines, signs, and other minor structures that will not substantially alter the natural character of coastal resources. (4) Construction of single-family residences, except within one hundred (100') feet of tidal wetlands, beaches and dunes, and coastal bluffs and escarpments as defined in Connecticut General Statutes Section 22a-93(7). 13-1 (5) Activities conducted for the specific purpose o f conserving soil, vegetation, water, fish, shellfish, wildlife, and other coastal resources. Section 13.3. Fi:d for approval of coastal site Ings requii@d I plan: THe Commi n sha 11 , nd t5a t the proposed actNity with any conditions or modifications imposed by the Commission is consistent with all applicable goals and policies of Section 22a-92 of the Connecticut General Statutes and incorporates as conditions or modifications all reasonable measures which would mitigate the adverse impacts of the proposed activity on both coastal resources and future water-dependent development activities. Section 13.4. Public Hearing. The Commission may hold a hearing on a CoasTal -131te Plan. 13-2 Section 14 Public Hearinqs Section 14.1 Statement of Purpose. Connecticut General ng or certain action of a Town Statutes require u Plan and Zoning C omm ission, including special permits or ns, changes of zone, zoning regulation amendments, and exceptio variances. The legislative intent of such requirements is to insure that the Commission makes no decision without the presentation of facts and information which will be subject to meaningful public examination, debate, 'and the presentation of contrary facts and information. It is the purpose of this section to implement that legislative intent. Section 14.2 Public Hearings Requirement. Wherever the term "public ring' is used in these -egulations, it shall refer to the procedure contained in this Section 14. A public hearing shall be held where required in these Regulations or in the Connecticut General Statutes. These provisions are designed to supplement the provision of the Connecticut General Statutes, and wherever the said Statutes contain any requirement which is greater than contained herein, or contrary to any provision hereof, said Statutes shall control. Section 14.3 Notice of Public Hearings. The Commission shall hold a public hearing within sixty-five (65) days of the receipt of any application for a Special Permit, Planned Area Development, or other change of zone. The day of receipt of any petition, application, or request under these Regulations shall be the day of the next regularly scheduled meeting of the Commission, immediately following the day of submission, or thirty-five days after such submission, whichever is sooner. Notice of the time, place and brief nature of the application shall be published in a newspaper having a substantial circulation in the Borough at least twice, at intervals of not less than two days, the first being not more than fifteen (15) days, nor less than ten days, and the last not less than two days, before the dat,, of such hearing. in addition, any such hearing shall he publicized by the posting of a sign on the property for which the subject application is made, the size of such sign to be determined by resolution of the Commission. Such sign shall be located within five (5) feet of the street line nearest to the proposed building, structure, or use, or the proposed access driver and shall be placed so as to be visible from said street. If such property has no frontage, such sign shal I be located at the proposed point of access to a public street. It shall be the sole obligation of the applicant to post the sign required in this Section 14.3. 14-1 Said sign shall indicate, in indelible ink, the time, place, and date of the public hearing, and section of these Regulations under which the application is made, as well as a brief description of the application. Said sign shall carry the heading, in letters at least two (2") inches tall , the words PUBLIC HEARING." Said sign shall be posted no less than ten (10) days pr.ior to the date of the proposed public hearing'. Section 14.4 Public Ac e cbucthoe@iplication Materials. Any application requiring a pu ng under tnese Rj@ulations shall include at least two (2) sets of all plans, drawings, and other applicaton materials, which sets shall be lodged in any public place which the Commission, by resolution, shall desig- nate as the place for public acceses to such materials. it shall be the responsibility of the applicant to place such materials in the designated place no less than ten (10) days prior to the proposed public hearing, and the Town Plan and, Zoning Commission shall not receive or consider any written, materials not so lodged for public review. The Commission may" however, receive materials lodged or submitted after the' aforesaid date by continuing the public hearing to some speci-' fied future date, provided, however, that no public hearing shall be closed more than thirty (30) days after it was first convened. As in the case of the original hearing date, no written materials shall be considered which were not available for public review at least ten (10) days prior to the date of any continued public hearing date. Section 14.5 Special Re u ree,,,t,,tf2r PAD Public Hearings: In e any props aadition to th f s Section 14, applications for change of zone to Planned Area Development (PAD) shall include a list of the names of all property owners of record whose property is within three hundred (3001 ) feet of the perimeter of the property which is the subject of the PAD application. In addition, said applicant shall submit stamped, addressed envelopes to each said record owner, which envelope shall contain a copy of the legal notice for the public hearing on the said PAD application. All of the foregoing information shall be submitted to the Commission at the time of the receipt of the subject PAD application, and it shall thereafter be the responsibility of the applicant to mail said notices at least twenty (20) days prior to the public hearing date. Furthermore, signs posted pursuant to Section 14.3 shall, in the case of PAD applications, be posted no less than twenty (20) days prior to the public hearing. date. Likewise, the application and any written materials submitted with it shall be lodged for public review as provided in Section 14.4, except that said application and materials shall be lodged no less than twenty (20) days prior to the PAD public hearing date. 14-2 Section 14.6 Procedure at Public Hearing At the discretion of the chairman, or unless otherwi se prn ided by duly adopted bylaws of the Commission, the sequence of testimony at publi-c hearings shall be: the applicant shall present the application and explain it; followed by questions from Commission members Is and alternates; followed by members of the public in favor of n the application; followed by members of the public in opposition to the application; followed by, at the discretion of the Commission chairman, additional comments from the applicant, questions from Commission members and alternates, and additional n y comments by members of the publicin favor or opposed to the application. The.Commisrin may receive written or oral information and testimony from any person or entity, and may request additional reports or information to be read into the record. Any public hearing may be continued to a date and place certa-in, as provided by Connecticut General Statutes, but must h be closed no more than thirty ( 30) days after said public hearing was convened. At the explict request of any person present at a public hearing, any other person may be placed under oath and questioned concerning his or her testimony before the Commission, provided, however, that any such questions shall he be irected ia the Chairman, and shall be terminated by the Cha(irman, when, in his or her sole discretion, the questioning has ceased to become relevant or probati@e. f Section 14.7 Consideration of Public Hearing_ Results. In accordance wiEh -interpre-Ea-tions of-the the Con e@FTTFtTC--(@-enerai Statutes by the Courts of this State, no Commission member shall 'consider any information not presented at a public hearing, other than that which he or she might know by personal experi- In enc,,, observation, or general knowledge, in casting a vote on ns any application for which a public hearing is required. In addition, no Commission member shall vote on any such appli- cation if such member was absent from the public hearing, unless such member states, on the record, that he or she has reviewed the minutes of the public hearing and the application materials, d, and feels sufficiently familiar with them to cast a knowledge- able vote on said application. Se'etion 14.8 Action on Public Hearing. Following the close of he a public hearing, the-Commission shall render its decision on all applications within sixty-five (65) days, unless the applicant shall consent to up to two (2) extensions of no more than sixty-five (65) days each, or unless the applicant shall withdraw such application. ' Notice of the decision of the ,ly Commission shall be published in a newspaper having substantial Ic circulation in the Borough and addressed by certified mail to the applicant by the secretary of the Commission or his/her designee within fifteen (15) days after the decision has been rendered. 14-3 Section 15 Separability (Validity) If any section, sub-section, paragraph, clause, or provision of these Regulations shall be adjudged invalid, such decision shall apply only to the section, sub-sectio@, paragraph, clause or provision in question, and the remainder of these Regulations shall be deemed valid and effective. 15-1 - - - - - - - - - - - Section 16 Effective Date These Regulations shall take effect on December 14, 1981 Whenever in these Regulations phrases such as "actual date of adoption of these REgulations," " the effective date of these Requlations," or the like are used, they shall be deemed to refer to the above-mentioned effective date, December 14, 1981. 16-1 J 'A BOROUGH OF STONINGTON Z0.NlNG- MAP z R 'T'; RR R P, llu UL-J LIGNO R R akoids.,tfal 7- d y: - I RTR R P R RR I - I I I I I I I I I I I I I I I I I 4 1 @ I11111011111milfillIll 'I 2 6669 1410A 29W I