ARTICLE
3. SPECIAL PROVISIONS
3.1.
Waterfront Vista Protection
3.1.1. Statement of Purpose
The Planning and Zoning Commission has found that the loss of aquatic vistas, blocked by buildings and structures which obstruct views of the sea, destroys the very character of the Borough as a seaside community. In keeping with the goals of the Plan of Conservation and Development, the Borough wishes to protect and enhance the remaining vistas of the sea, especially at the ends of east-west streets.
3.1.2. Views and Scenic Vistas
3.1.2.1.
Buildings and structures shall be located in such a way as to provide
the maximum views of the water from the nearest public street, and minimally,
one straight-line uninterrupted, rectangular view lane per property shall be
preserved which width is not less than the required side yard width for the
district in which the property is located.
A view lane may also be designated as a side yard and thus serve a dual
purpose.
3.1.2.2. At the end of east-west streets, a straightline
uninterrupted view lane to the water shall be preserved which width is at least
seventy-five percent (75%) of the existing street right-of-way.
3.1.2.3. There shall be no building or other permanent obstruction in
said view lanes. No obstruction by
fences, shrubbery, or trees or other landscape features higher than four feet
shall be placed in said view lane between the sea and the nearest public
street. All major shade trees must have
their lowest branches at least six feet above the ground at time of
installation. Any fences so placed
within said view lanes shall be “see through”.
Protective fences or railings which are part of a public pedestrian
walkway may be built to a height not to exceed four feet. Existing trees and shrubs within view lanes
may be maintained and replaced in their present position pursuant to the
requirements of this Section.
3.1.3. Setbacks from Mean High Tide
No building,
structure or use shall extend closer than forty feet from the mean high water
line, except for direct water-related structures and uses as defined by the
Connecticut Coastal Management Act, such as, but not limited to docks, marine
railways, marine cranes, launching ramps, marine accessories and services, boat
docking and storage, open space and recreation, except that off-street parking
spaces shall be set back at least ten feet from the mean high water line.
3.2. Landscape Requirements
3.2.1. Statement of Purpose
The following standards are intended to enhance the appearance of the Borough and to protect property values through the preservation of existing vegetation and planting of new screening and landscaping material. Specifically, these standards are intended to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive runoff of drainage water, and the pollution of our water bodies.
3.2.2. General Requirements
The following shall apply to all commercial, industrial, or multi-family uses for which a site plan is required:
3.2.2.1.
Any portion of a developed lot or property which is not used for
location of buildings, structures, accessory uses, off-street parking and
loading areas, sidewalks or similar purposes shall be landscaped and maintained
in such a manner as to minimize storm water runoff, sedimentation and
erosion. Maintenance of land in its
natural state may be considered to be in conformance with this requirement.
3.2.2.2. Landscaping, trees and plants required by these Regulations
shall be planted and maintained in a healthy growing condition according to
accepted horticultural practices. Any
landscaping, trees and plants which are in a condition that does not fulfill
the intent of these Regulations shall be replaced by the property owner during
the next planting season for the particular plant material.
3.2.2.3. A screening fence or wall required by these Regulations
shall be maintained by the property owner in good condition throughout the
period of the use of the lot.
3.2.2.4.
All landscaping, trees and planting material adjacent to parking areas,
loading areas, or driveways shall be properly protected by barriers, curbs, or
other means from damage by vehicles.
3.2.2.5. To the maximum extent possible, existing trees, vegetation
and unique site features shall be retained and protected. Existing healthy mature plant materials,
especially trees, if properly located, shall be fully credited against the
requirements of these Regulations.
3.2.2.6. For all new landscaping, an ample variety and quantity of
ornamental plants should be provided.
Local soil, water and climatic conditions should be considered when
choosing landscape materials to create optimum conditions for survival of plantings,
and to ensure that plantings will survive with a minimum amount of maintenance.
3.2.2.7. Landscaping should serve to integrate the proposed
development to the site. If the terrain
is uneven, the Commission will consider and may approve parking areas at
different levels. Preservation of
existing landscape materials and landforms is desirable.
3.2.2.8. Landscape composition should be complimentary to the scale
and style of existing and proposed buildings.
3.2.2.9. Plant species that are a public nuisance or cause litter
shall be avoided. When landscaping is to
be installed in areas where the general public will frequent, trees and bushes
with sharp needles or thorns shall be avoided.
3.2.2.10. All materials installed in conformance with the landscaping
requirements of these Regulations shall meet the following minimum
standards: all deciduous trees shall
have a minimum caliper of two and one half inches and a minimum height of six
feet; all evergreen trees shall have a minimum height of six feet; and all
shrubs shall be of a size at least one-third of their mature potential.
3.2.3. Front Landscaped Area
For all commercial, industrial, or
multi-family uses where a site plan is required, where appropriate the
Commission may require a front landscaped area.
Reuse of an existing structure located less than ten feet from the front
lot line is exempt from this requirement.
The front landscaped area shall extend the full width of the lot along
the interior side of the front lot line, except where driveway exits and
entrances are located. The width of the
front landscaped area shall be no less than ten feet. The front landscaped area shall be covered
with grass or other ground cover, and shall include appropriate trees and
shrubs. The purpose of the front
landscaped area is to enhance the appearance of the use of the site, but not to
screen the use from view.
3.2.4. Landscaped Perimeter Area
For all commercial, industrial, or
multi-family uses for which a site plan is required, a ten-foot wide landscaped
perimeter area shall be provided along all lot lines other than the front lot
line. New single and two-family
dwellings, reuse of existing buildings and structures which are located less
than ten feet from a property line, and the waterfront side of a waterfront
site are exempt from this requirement.
The landscaped perimeter area shall be covered with grass or other
ground cover, and shall include appropriate trees and shrubs. Where screening is required by the Commission
as part of a site plan, the landscaped perimeter area may be planted as a
screen.
3.2.5. Landscaped Parking Areas
In addition to landscaped front and
perimeter area requirements, parking areas shall comply with the following
minimum standards:
3.2.5.1. All uses required to provide twenty or more off-street parking
spaces shall have at least ten square feet of interior landscaping within the
paved portion of the parking area for each parking space. Islands shall be required to indicate and
assure safe and efficient channelization of both pedestrian and vehicular
traffic and to separate the major access ways through the parking area from
parking aisles. Each separate landscaped
area shall contain a minimum of one hundred square feet, shall have a minimum
dimension of at least eight feet, and shall be planted with grass, shrubs, or
trees. Interior landscaping should be
positioned so as to enhance the visual qualities of the site and to visually
break up large expanses of pavement.
3.2.5.2.
A landscaped area shall be provided along the perimeter of any parking
area except where the parking area is functionally integrated with an adjoining
parking area on an abutting lot. The
landscaped areas shall have a minimum dimension of five feet, shall be planted
with grass or shrubs, and shall include at least one deciduous tree for every
fifty feet along the perimeter of the parking area. Where appropriately located, the required
front landscaped areas and landscaped perimeter areas of the lot may be used to
satisfy this requirement.
3.2.6. Submission of a Landscape Plan
As part of, or in conjunction with, a
required site plan, a landscape plan shall be submitted meeting the
informational requirements of Section 9.5.4, and demonstrating that a proposed
development is in conformance with the requirements of Section 3.2 and Section
9.6.4 of these Regulations.
3.2.7. Waiver of Landscape Requirements
The Commission may allow the reduction
or elimination of a required landscaped area if the Commission finds a better
site plan will result.
3.3.1. Coastal Area Management
3.3.1.1. Coastal Site Plan Review Required
All construction, modification, or
change in use of buildings, facilities, and property within the coastal
boundary shall be subject to the coastal site plan review requirements of
Section 22a-105 through 22a-109 of the Connecticut General Statutes, with the
exception of those listed in Section 3.3.1.2 below. All property in the Borough of Stonington is
within the coastal boundary as defined in the Connecticut General Statutes.
3.3.1.2. Coastal Site Plan Review Exemptions
Pursuant to Section 22a-109(b) of the
Connecticut General Statutes, the following activities are exempt from coastal
site plan review requirements:
a.
Gardening, grazing, and the harvesting of crops.
b.
Minor additions to or modifications of existing principal buildings or
accessory buildings.
c.
Construction of new or modification of existing structures incidental to
the enjoyment and maintenance of residential property, including but not
limited to, walks, terraces, driveways, swimming pools, tennis courts, docks,
and detached accessory buildings.
d.
Construction of new or modifications of existing on-premises structures
including fences, walls, pedestrian walks and terraces, underground utility
connections, essential electric, gas, telephone, water and sewer service lines,
signs, and such other minor structures as will not substantially alter the
natural character of coastal resources as defined by Section 22a-93(7) of the
Connecticut General Statutes, or restrict access along the public beach.
e.
Construction of a single-family dwelling, except in or within one
hundred feet of the following coastal resource areas, as defined by Section
22a-93(7) of the Connecticut General Statutes:
tidal wetlands, coastal bluffs and escarpments, beaches and dunes.
f.
Activities conducted for the specific purpose of conserving or
preserving soil, vegetation, water, fish, shellfish, wildlife, and other
coastal land and water resources.
g.
Interior modifications to buildings.
h. Minor changes in use of buildings, structures, of property,
except those changes occurring on property adjacent to or abutting coastal
waters.
3.3.1.3. Application of Exemptions
The foregoing exemptions from coastal
site plan review requirements shall apply to the following site plans, plans,
and applications:
a.
Site plans submitted to the Commission in accordance with Section
22a-109 of the Connecticut General Statutes.
b.
Applications for a Special Permit submitted to the Commission in
accordance with Section 8-2 of the Connecticut General Statutes.
c.
Applications for a variance submitted to the Zoning Board of Appeals in
accordance with Subdivision (3) of Section 8-6 of the Connecticut General
Statutes.
d.
A referral of a proposed municipal project in accordance with Section
8-24 of the Connecticut General Statutes.
3.3.1.4. Application Requirements
The coastal site plan shall include a
plan showing the location and spatial relationship of coastal resources on and
contiguous to the site; a description of the entire project with appropriate
plans indicating project location, design, timing, and methods of construction;
an assessment of the suitability of the project for the proposed site; an
evaluation of the potential beneficial and adverse impacts of the project and a
description of proposed methods to mitigate adverse impacts on coastal
resources; and a demonstration that the adverse impacts of the proposed
activity are acceptable and that the proposed activity is consistent with the
goals and policies of Section 22a-92 of the Connecticut General Statutes.
3.3.1.5. Findings Required for Commission Approval of
a Coastal Site Plan
Before approving a coastal site plan,
the Commission must find that the proposed activity, 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 that
the plan 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.
3.3.1.6. Optional Public Hearing
The Commission may hold a public
hearing on a coastal site plan if not otherwise required by these Regulations.
3.3.1.7. Should the Commission fail to render a decision on a coastal
site plan within the required time period, the coastal site plan shall be
deemed rejected in accordance with Section 22a-105f of the Connecticut Coastal
Management Act.
3.3.2. Flood
Protection
Warning and Disclaimer of
Liability. THE DEGREE OF FLOOD PROTECTION REQUIRED
BY THESE REGULATIONS IS CONSIDERED THE MINIMUM REASONABLE FOR REGULATORY
PURPOSES AND IS BASED ON SCIENTIFIC AND ENGINEERING CONSIDERATIONS. FLOODS OF GREATER MAGNITUDE CAN AND WILL
OCCUR ON RARE OCCASIONS. FLOOD HEIGHTS
MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES.
THESE REGULATIONS DO NOT IMPLY THAT LAND OUTSIDE THE SPECIAL FLOOD
HAZARD AREAS OR USES PERMITTED WITHIN SUCH AREAS WILL BE FREE FROM FLOODING OR
FLOOD DAMAGES. THESE REGULATIONS SHALL
NOT CREATE LIABILITY ON THE PART OF THE BOROUGH OF STONINGTON OR ANY OFFICER OR
EMPLOYEE THEREOF FOR ANY FLOOD DAMAGES THAT RESULT FROM RELIANCE ON THESE
REGULATIONS OR ANY ADMINISTRATIVE DECISION LAWFULLY MADE THEREUNDER.
3.3.2.1. Purpose of Special Requirements
Flood hazard areas, as designated on
the Federal Flood Insurance Rate Map for the Borough of Stonington, are subject
to periodic inundation which may result in loss of life and property, or in
health and safety hazards. These special
regulations are designed to prevent or minimize loss of life, injuries,
property damage, and other losses, both private and public; to promote the
health, public safety and general welfare of the people; to help control and
minimize the extent of floods, and reduce the depth and violence of flooding.
3.3.2.2. For purposes of this section the following terms are defined
herein:
a. Area of Special Flood Hazard:
The area within a community subject to a one percent or greater chance
of flooding in any given year, as identified on the community’s Flood Insurance
Rate Map (FIRM) to August 2, 1995 and as may be amended from time to time.
b. Coastal High Hazard Area:
An area of special flood hazard extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject
to high-velocity wave action from storms or seismic sources.
c. Flood Insurance Rate Map (FIRM):
An official map of Stonington Borough on which the Federal Emergency
Management Agency (FEMA) has delineated both the areas of special flood hazard
and the applicable risk premium zones.
d. Flood Insurance Study (FIS):
The official report by FEMA which contains flood profiles, the water
surface elevation of the base flood, and other flood data.
e. Functionally Dependent Use:
A facility or use which cannot be used for its intended purpose unless
it is located in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, ship building,
ship repair, or seafood processing facilities.
The term does not include long-term storage, manufacturing, sales, or
servicing facilities.
f. Lowest Floor:
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage, in an area
other than a basement area is not considered a building’s lowest floor,
provided that such an area fully meets the requirements of Section 3.3 of these
Regulations.
g. High Tide Lines:
A line or mark left upon tide flats, beaches, or along shore objects
that indicates the intersection of land with the water’s surface at the maximum
height reached by a rising tide. The
mark may be determined by: (1) a line of oil or scum along shore
objects; (2) a more or less
contiguous deposit of fine shell or debris on the foreshore or berm; (3) physical markings or
characteristics, vegetation lines, tidal gauge; or (4) by any other suitable means delineating the general height
reached by a rising tide. The term
includes spring high tides and other high tides that occur with periodic
frequency, but does not include storm surges in which there is a departure from
the normal or predicted reach of the tide due to the piling up of water against
a coast by strong winds such as those accompanying a hurricane or other intense
storm.
h. New Construction:
Structures for which the start of construction commenced on or after
September 1, 1979; includes any subsequent improvements to such structures.
i. Start of Construction:
(For other than new construction or substantial improvements under the
Coastal Barrier Resources Act [P.L. 97-347]).
Includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction,
or improvement was within one hundred eighty days of the permit date. Should the permittee fail to commence work
within this time frame, a new permit shall be required. The actual start means the first placement of
permanent construction of a structure (including a manufactured home) on a
site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stages of excavation or
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers or foundations, or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial
improvement, the actual start of the construction means the first alteration of
any wall, ceiling, floor, or any other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
j. Substantial Damage:
Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed
fifty percent (50%) of the market value of the structure before the damage
occurred.
k. Substantial Improvements:
Any combination of repairs, reconstruction, alteration or improvements
to a structure taking place over a three-year period in which the cumulative
cost equals or exceeds fifty percent (50%) of the market value of the
structure. The market value of the
structure should be: (1) the appraised value of the
structure prior to the start of the initial repair or improvement; or (2) in the case of damage, the value of
the structure prior to the damage occurring.
For the purposes of this definition, “Substantial Improvement” is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not, however, include any
improvement project required to comply with existing health, sanitary, or
safety code specifications which are solely necessary to assure safe living
conditions.
l. Water Surface Elevation:
The height, in relation to the National Geodetic Vertical Datum (NGVD)
of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
3.3.2.3. Identification of Flood Hazard Areas and Flooding
Elevation
Flood hazard areas and flood elevations
shall be those identified by the Federal Flood Insurance Administration in a
report entitled “The Flood Insurance Study for the Borough of Stonington”,
dated May 1, 1979, and by the report entitled “Flood Insurance Study,
Supplement Wave Height Analysis, Borough of Stonington, Connecticut”, dated
July 5, 1983, and its accompanying Flood Insurance Rate Map, revised August 2,
1995 and may be revised from time to time.
This map is hereby adopted by reference and declared to be a part of
these Regulations. The Flood Insurance
Study and the Supplement are on file in the office of the Borough Clerk.
3.3.2.4. Zoning Permit Required
Before any construction, substantial
improvement or development is begun within designated flood hazard areas, a
Certificate of Zoning Compliance shall be obtained from the Commission or its
designated agent in order to determine whether such activity is consistent with
the need to minimize flood damage within the flood prone area. Special
consideration shall be given to the placement of public utilities and the
provision of adequate drainage to reduce exposure to flood hazards.
3.3.2.5. Additional Information Required
In addition to information required by
other provisions of the Zoning Regulations, applicants for activities with
flood hazard areas shall provide the following:
a.
In A, AE, and A1-30 zones the elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new and substantially improved
structures; in V, VE, and V1-30 zones the elevation (in relation to mean sea
level) of the bottom of the lowest structural member of the lowest floor; and
for floodproofed non-residential buildings the elevation to which the building
is floodproofed.
b.
Identity of the flood hazard zone and base flood elevation from the
Flood Hazard Rate Map.
c.
Any other such data as the Commission may require in order to determine
compliance with Flood Hazard Area Requirements.
d.
Permits from those government agencies from which approval is required
by federal or state law, if applicable.
3.3.2.6.
Construction Requirements
a.
All new construction, including prefabricated buildings, within A or V
zones shall be anchored to prevent flotation and lateral movement, and shall be
constructed with flood resistant materials and methods.
b.
All new construction and substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, airconditioning equipment, and
other service facilities located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
c.
Any new construction or substantial improvements in existing residential
structures within A zones shall have the lowest floor, excluding pilings or
columns, elevated to or above the base flood level. All new non-residential construction and
substantial improvement to non-residential construction shall have the lowest
floor, including the basement, elevated or flood proofed to or above the base
flood elevation. Where flood proofing is
used in lieu of elevating, the 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 associated
with the base flood. For the purposes of
this section, a breakaway wall shall have a design safe loading resistance of
not less than ten and no more than twenty pounds per square foot (PSF). Use of breakaway walls which exceed the
design safe loading resistance of twenty PSF may be permitted only when a
registered professional engineer or architect certifies that the design
proposed meets the following conditions:
(1) collapse shall result
from a water load less than that which would occur during the base flood; and (2) the elevated portion of the
building and supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water
loads acting simultaneously on all building components during the base flood
event. Water loading values used shall
be those associated with the base flood.
Wind loading values shall be those required by applicable state or local
building standards. Such enclosed space
shall be usable solely for the parking of vehicles, building access, or limited
storage.
d.
Any construction in a V zone shall be elevated and secured 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
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.
e.
All construction in a V zone shall be landward of the reach of mean high
tide.
f.
Fill shall not be used for structural support of buildings in a V zone.
g.
A recreational vehicle stored within zones A1-30, AH, AE, V, VE, and
V1-30 shall be fully licensed and ready for highway use. It is ready for highway use if it is on its
wheels or jacking system and is attached to the site only by quick disconnect
type utilities and security devices.
h.
Within all A, AE, A1-30, V, VE, and V1-30 zones, all new and replacement
water supply systems shall be designed to minimize or eliminate infiltration of
flood waters into the system. All new
and replacement sanitary sewer systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharges from the
system into flood waters. On-site waste
disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
i.
New construction or substantial improvement of residential and
non-residential buildings in zones A, AE, and A1-30 that include fully enclosed
areas formed by foundation and other exterior walls below the base flood
elevation shall have at least one side at or above surface grade and shall be
designed to allow for the automatic entry and exit of flood waters to equalize
hydrostatic flood forces on exterior walls.
Designs for complying with this requirement must either be certified by
a registered professional engineer or architect or meet the following minimal
criteria: (1) provide a minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject to
flooding; (2) the bottom of all
openings shall be no higher than one foot above grade and at least one placed
on the side of the lowest grade; and (3)
openings may be equipped with screens, louvers, valves or other coverings or
devices provided that they permit the automatic flow of flood waters in both
directions. Electrical, plumbing, and
other utilities are prohibited below the base flood elevation. Use of the enclosed area shall be limited to
parking, building access and limited storage.
3.3.2.7. The Planning and Zoning Commission shall review and decide
all requests for variances and waivers from the requirements in these flood
plain regulations (applicable to Section 3.3.2 only) including Specific Situation Variances:
a. Buildings on an Historic Register
Variances may be issued for the
reconstruction, rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State Inventory of Historic Places
without regard to the procedures set forth in the remainder of this section,
except for Section 3.3.2.6, provided the proposed reconstruction,
rehabilitation, or restoration will not result in the structure losing its
historical character.
b. Pre-Existing Small Lot Location
Variances may be issued by the
Commission for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level in conformance with
Section 3.3.2.6.
c. Functional Dependent Uses
Variances may be issued for new
construction and substantial improvements and other development necessary for
the conduct of a functionally dependent use provided the structure or other
development is protected by methods that minimize flood damage, create no
additional threat to public safety, and meet the requirements of Section
3.3.2.6.
3.3.2.8. Considerations for Granting of Variances
In passing upon such applications, the
Commission shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of these Regulations and:
a.
The danger that materials may be swept onto other lands to the injury of
others.
b.
The danger to life and property due to flooding or erosion damage.
c.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
d.
The importance of the services provided by the proposed use.
e.
The necessity of the facility to waterfront location in the case of a
functionally dependent facility.
f.
The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use.
g.
The compatibility of the proposed use with existing and anticipated
development.
h.
The relationship of the proposed use in the plan of development and
flood plain management for that area.
i.
The safety of access to the property in times of flood for ordinary and
emergency vehicles.
j. The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave action, if
applicable, expected at the site.
k.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewers, gas, electrical and water systems, and streets and bridges.
3.3.2.9. Upon consideration of the factors listed and the purposes of
these Regulations, the Commission may attach such conditions to the granting of
variances as it deems necessary to further the purposes of these Regulations.
3.3.2.10. Conditions for Variances
Variances shall only be issued
upon: (1) a showing of good and sufficient cause, (2) a determination that a failure to grant the variance would
result in exceptional hardship, and (3)
a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, fraud on or victimization
of the public, or conflict with existing local laws and ordinances. Variances shall not be issued if any increase
in flood levels during the base flood discharge would result. Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief and, in the instance of an historic building, a
determination that the variance is the minimum necessary so as not to destroy
the historic character and design of the building.
3.3.2.11. The Borough of Stonington shall provide written notice to
any applicant to whom a variance is granted, specifying the difference between
the base flood elevation and the elevation to which the structure is to be
built and stating that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation up to
amounts as high as $25.00 for $100.00 of insurance coverage..
3.3.3. Erosion and Sediment Control Plan
In accordance with Section 22a-325 to
22a-329 inclusive of the Connecticut General Statutes, a soil erosion and
sediment control plan shall be submitted with any application for development
when the disturbed area of such development is cumulatively more than one half acre. Disturbed area is defined as an area where
ground cover is destroyed or removed leaving the land subject to accelerated
erosion. The soil and erosion control
plan shall be mapped and in narrative form, and contain proper measures to be
taken to control erosion and sedimentation both during and after
construction. The erosion and sediment
control plan shall be based on the “Connecticut Guidelines for Soil Erosion and
Sediment Control”, available from the Council on Soil and Water Conservation of
the State of Connecticut.
3.3.3.1. Contents of the Plan
The erosion and sediment control plan,
at a scale of not less than one inch equals twenty feet (1”=20’), shall include
the following:
a.
Locations and description of proposed development and adjacent properties.
b.
Locations of areas to be stripped of vegetation, areas to be re-graded,
and contour data indicating existing and proposed grades, and existing wetlands
and watercourses.
c.
A schedule of operations, including the sequence of major improvement
phases such as clearing, grading, paving, installation of drainage features,
utilities and the like.
d.
Seeding, sodding or re-vegetation plan and specifications for all
unprotected or un-vegetated areas.
e.
Location, design and timing of sedimentation and erosion control
measures such as diversion, waterways, grade stabilization structures, debris
basin, storm water management control measures, and the like. The narrative shall indicate design criteria
used in the design of the control measures.
f.
A description of procedures to be followed to maintain sediment control
measures during and after construction.
g.
Identity of the developer’s representative responsible for monitoring
control measures during construction.
h.
The plan map shall show the words “Erosion and Sediment Plan” with space
for the date and signature of the Commission Chairman or Secretary.
3.3.3.2. Commission Vote Required
After review of the plan by the
Commission or its designated agent, the Commission shall vote to certify, to
modify and certify, or deny that the soil erosion and sediment control plan
complies with these Regulations. A vote
of the Commission to approve a zoning application or Special Permit shall imply
approval of the erosion and sediment control plan as well.
3.3.3.3. Inspection During Construction
The Commission, through its members,
agents, and consultants, shall periodically inspect construction projects for
which erosion and sediment control plans have been certified to verify that
erosion and sediment controls are consistent with the certified plan.
3.3.4. Building Grades
Any building requiring yard space under
these Regulations shall be located at such elevation that a sloping grade shall
be maintained to cause the flow of surface water to run away from the walls of
the building.
3.3.5. Excavation and Filling of Earth Products
3.3.5.1. Purpose
The Commission finds that the Borough
of Stonington is characterized by the following conditions: high residential density; a unique number of
historic, landmark buildings and sites; generally small lot and parcel sizes;
narrow streets and poor access to the Borough; all property is within the
coastal boundary; the presence of numerous tidal and inland wetlands, generally
shallow soils, and shallow depth to bedrock in most areas; proximity to
valuable commercial shellfish beds; and other conditions enumerated in the Plan
of Conservation and Development.
Therefore, the conduct of excavation and filling operations within the
Borough must be severely limited in scope, intensity, and frequency.
3.3.5.2. Prohibited Excavation and Filling Operations
Any removal or filling of earth
products from or upon any land or water area, other than for the purposes
enumerated in Section 3.3.5.3 below, is prohibited. Earth products include, but are not limited
to, stone, sand, gravel, loam, topsoil, peat, clay, and the like.
3.3.5.3. Permitted Excavation and Filling Operations
Subject to Sections 3.3.5.4 and 3.3.3,
the following activities are permitted as accessory uses throughout the Borough
of Stonington:
a.
Excavation and fill operations within actual road rights-of-way of
public streets of either the Town of Stonington or the State of Connecticut, or
within streets shown on an approved subdivision map, Planned Area Development
Plan or Special Permit that has been formally filed 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 a bona fide
construction activity, such as a building erection, for which activity a
building permit has been issued by the Town of Stonington and approval of the
Commission or its designated agent has been obtained. In the case of new structures or additions to
existing structures, the highest point of the structure shall be measured from
the existing grade prior to such filling or excavating unless otherwise
approved by the Commission at its discretion.
c.
Excavation and fill operations upon a lot as a result of a bona fide
landscaping or agricultural activity, provided that in no case shall such
excavation result in the removal, filling or regrading of more than one hundred
cubic yards of earth products for each lot.
Filling or excavating more than one hundred cubic yards but not more
than three hundred cubic yards may be specifically approved by the Commission
provided that the applicant shall provide a site plan for the proposed activity
and shall demonstrate that such filling or excavating shall not have an adverse
impact on surrounding properties. In no
case shall such filling or excavating be conducted as a preliminary step to
construction of a structure, except as noted in preceding paragraph.
3.3.5.4. Filling or
Excavating Within One Hundred Feet of a Designated Wetlands or Watercourse
Anything in Section 3.3.5.3 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 feet of any designated tidal or inland wetland or watercourse,
except upon the issuance of a Special Permit in accordance with these
Regulations and upon approval of a coastal site plan review as required by
Section 3.3.1. Such approval shall
assure that appropriate erosion and sediment control measures are used, and the
Commission may require the posting of a bond or other security to guarantee
compliance.
3.3.6. Consideration for Restoration and Protection
of Long Island Sound
All development established and
conducted within Stonington Borough shall include reasonable consideration for
restoration and protection of the ecosystem and habitat of Long Island Sound,
and shall be designed to reduce hypoxia, pathogens, toxic contaminants and
floatable debris in Long Island Sound.
The Commission shall consider the environmental impact on Long Island
Sound of any proposal for development for which a zoning permit is required.
3.3.6.1. All applications for which a site plan is required shall, at
the discretion of the Zoning Officer, include a mapped and written description
of all measures proposed to reduce hypoxia, pathogens, toxic contaminants and
floatable debris. The applicant shall
include such measures in accordance with best available management practices as
may be recommended by the Connecticut Sea Grant Marine Advisory Program, the
Connecticut Department of Environmental Protection Office of Long Island Sound
Programs, or other recognized source.
This requirement may be waived at the discretion of the Zoning Officer
for certain minor projects or activities having minimal water quality impacts
on Long Island Sound.
3.3.6.2. For zoning applications which do not require site plan
approval, the Zoning Officer may require modifications to include reasonable
measures to reduce hypoxia, pathogens, toxic contaminants and floatable debris.
3.4. Residential Accessory Uses and Buildings
3.4.1. Accessory Uses in Residential Zoning
Districts
An accessory use, as defined in Section
1.3 of these Regulations, shall not be permitted to be located on any lot
unless a principal use or building is located on the same lot, except that a
private garage may be located on a separate lot, provided that it can be
satisfactorily demonstrated to the Commission that the garage reasonably serves
as an accessory use to a principal building located elsewhere within the
district. No residential dwelling shall
be permitted in any accessory building except as may be permitted elsewhere in
the Regulations. In any residential district, the following are permitted as
accessory uses:
3.4.1.1. Private garage for not more than three vehicles or not more
than one per family housed in the building to which the vehicle accommodations
are an accessory, whichever is greater.
Not more than one-third of the total number of vehicles stored in such
an accommodation 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 a garage is an
accessory.
3.4.1.2. Open parking places for passenger vehicles belonging to the
occupants of the dwelling unit.
3.4.1.3. Temporary outside storage of a recreational camping unit for
a period of not more than three weeks during any six-month period.
3.4.1.4. Private swimming pools.
3.4.1.5. Tool sheds, greenhouses, arbors, garden houses.
3.4.1.6. Boathouses, tennis courts.
3.4.1.7. Private antennae serving an individual dwelling, provided
that any such antennae shall not extend more than fifteen feet above the
highest point of the dwelling’s roof on which it is located. Satellite dish
antennae shall not be located on the roof of a dwelling, but shall be located
so as to minimize their visibility from the street.
3.4.2. Location and Height of Accessory Buildings in
Residential Districts
In all residential districts, accessory
buildings shall comply with all front, side and rear yard requirements for the
district in which such building is located.
No accessory building shall be located in front of the principal
building. No accessory building shall
exceed twenty feet in height.
3.5. Customary Home Occupations
A customary home occupation is permitted as an accessory use
in a residential district in a dwelling or in another building on the same lot,
provided that the requirements of this Section are met, as follows:
3.5.1. All home occupations must be authorized by a permit issued
by the Zoning Officer or such other person as the Commission shall designate.
3.5.2. Only members of the family residing on the premises and not
more than two non-family persons shall be engaged in such occupation.
3.5.3. The occupation shall be clearly secondary to the residential
use of the property.
3.5.4. No more than twenty-five percent (25%) of the floor area of
the dwelling shall be used for the conduct of the occupation.
3.5.5. The floor area of an outbuilding used for a home occupation
shall not be greater than fifty percent (50%) of the floor area of the dwelling
unit.
3.5.6. There shall be no retail display on the premises in
connection with the occupation.
3.5.7. All activity other than parking shall take place within a
building.
3.6. Fences
Fences are permitted within the Borough
under the following conditions only:
3.6.1. All new and replacement fences, excluding normal repair and
maintenance, must be authorized by a permit from the Zoning Officer. An application for approval of a fence shall
be submitted to the Zoning Officer or other such person as the Commission shall
designate. The application shall include
the following information: location of the fence, location of the nearest
property boundary line to the fence, height of the fence, and materials of
which the fence is constructed. A sketch
of the proposed fence shall be included with the application. When the property boundary line nearest to
the proposed fence is not clearly delineated by property markers located in the
field, the Commission may require that the property line be located and marked
by a registered land surveyor prior to the approval of a fence permit.
3.6.2. Fences under four feet in height and all replacement fences,
regardless of height, which match the height, location and materials of the
original fence may be authorized by a permit without referral to the
Commission, however the Zoning Officer shall have the option to refer such
fences to the Commission for approval, utilizing the provisions of Sections
3.6.3.1, 3.6.3.2, and 3.6.3.3.
3.6.3. Fences four feet or higher must be authorized by the
Commission. Fences in excess of six feet
in height may be authorized by Special Permit only. In determining whether a Special Permit may
be issued, the Commission shall determine whether the following conditions are
met:
3.6.3.1. The fence will not obstruct existing public views or vistas
of Stonington Harbor, Long Island Sound, or Little Narragansett Bay.
3.6.3.2. The fence will not have an adverse impact on property values
of adjacent lot.
3.6.3.3. The fence is of such height, materials and general
appearance as to be compatible with the architectural character of the
surrounding area.
3.6.4. Fence height shall be measured from existing grade in a
vertical line to the highest point on the fence. A trellis located on top of a fence shall be
included in the measurement of fence height. If a fence is located on top of a
retaining wall, the height of the fence shall be measured from the lower grade
of the wall.
3.6.5.
A fence under four feet in height may be located within a required
front, side, or rear yard area. A fence
four feet or higher may be located within the required yard area only if the
Commission determines that there is no adverse impact on the character of the
area and on the adjacent property. This
provision shall supersede any other provision to the contrary concerning yards
found elsewhere in these Regulations.
3.7. Unified Sign Regulation
3.7.1. Statement of Purpose
An important goal of the Plan of
Conservation and Development is the
preservation of the character of the
Borough of Stonington. The Commission has
found that, in other communities, 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 are adequate to 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 Plan of Conservation and Development.
3.7.2. Definitions
3.7.2.1. Sign: Any structure, or part thereof, or any
device attached to a building or structure, or painted or represented thereon,
which displays or includes letters, words, symbols, trademarks, or any other
graphic representation which is in the nature of any announcement, direction,
or advertisement for commercial 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 rooflines 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 recognized nation, state, or other political unit.
3.7.2.2. Sign Face: The sign face is a
plane defined by one continuous perimeter of that rectangle, triangle, or
circle having the smallest area which encompasses all lettering, working,
design, or symbols together with any background, different from the balance of
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 one face.
3.7.3. Signs Which Are Prohibited in All Districts
No sign located in the Borough of Stonington shall:
3.7.3.1.
Include or utilize any blinking, flashing, oscillating, or rotating
lights.
3.7.3.2. 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.
3.7.3.3.
Rotate, revolve, or exhibit any mechanical movement whatsoever,
excepting clocks and/or barber poles.
3.7.3.4.
Extend above the lowest point of the roofline of any building.
3.7.3.5.
Extend across any property line, except the signs in Planned Commercial
and Planned Waterfront Districts may project over the sidewalk where permitted
by the Commission pursuant to Section 3.7.7 below.
3.7.3.6.
Be located or erected at a street intersection so as to interfere with
the safe sight lines for pedestrians or vehicles.
3.7.3.7.
Contain any representation of signs or lights customarily associated
with public traffic control, such as traffic lights, stop signs, and the like,
nor shall any sign contain the words “stop” or “danger” or any other word or
words, symbol, or device which might be misconstrued as a public safety or
traffic control sign or device.
3.7.3.8.
Obstruct any door, window, fire escape, or other means of ingress or
egress for any building or site.
3.7.4. Residential Districts, Maximums
There shall be a maximum of one sign for each single-family or two-family dwelling unit with a maximum sign face of two square feet. There shall be a maximum of one sign for each multi-family development or complex under one ownership, or identified as a single development to the public, which sign shall have a maximum sign face of two square feet. There shall be a maximum of one sign for any customary home occupation with a maximum sign face of two square feet. Legal non-conforming uses in residential districts shall be subject to the sign requirements of the district in which such use would be permitted.
3.7.5. Non-Residential Districts, Maximums
There shall be a maximum of one sign per street frontage for each non-residential 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 building. Each sign in non-residential districts shall have a maximum area of twelve square feet, provided, however, that the total gross area for all signs on any lot shall not exceed one square foot for each linear foot of building facing the street, or in the absence of any building, one-half square foot for each linear foot of lot frontage on the street, but in no case more than forty-eight square feet of gross sign area. Signs on non-residential buildings or lots having more than one use shall be of uniform character, illumination, and general design for each such building or lot.
3.7.6. Non-Conforming Signs
Any sign lawfully existing upon
September 15, 1986 which is not in conformity with the provisions of this
Section shall be deemed a non-conforming sign, and shall be permitted to continue
in use, subject to the provisions of Section 2.9.
3.7.7. Sign Permit Required
3.7.7.1. A sign permit is required for all non-residential signs, and
for all residential signs exceeding two 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
the sign relative to other buildings or structures on the site.
c.
The above information for any signs already existing on the lot or
building.
3.7.7.2. An application for a sign permit shall be submitted to the Zoning Officer, or other agent designated by the Commission, and shall be accompanied by a fee as provided by resolution under Section 11.4. The Commission may authorize the Zoning Officer or other designated agent to issue permits for conforming signs
3.7.8. Standards for Sign Permits
In evaluating any application for a sign permit, the Commission, or its agent, shall insure that the size, design, and placement of signs are consistent with the historic character and appearance of the Borough. The Commission, or its agent, shall also evaluate the construction and means of support of all signs and shall require them to be adequate and secure.
3.7.9. Exemption from Sign Permit
The following signs shall be exempt
from the requirements of Section 3.7.7:
3.7.9.1. Residential signs less than two square feet in area.
3.7.9.2. A real estate sign not over four square feet in area
advertising the sale or lease of the premises on which it is displayed. Such signs shall be removed not later than
fourteen days after the sale, rental, or lease is consummated.
3.7.9.3. Historic marker signs, provided they are carved in stone or
concrete, or made of bronze, brass, or similar material, 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.
3.7.9.4. Changing of the advertising copy or message on an approved
or non-conforming painted or printed sign.
3.7.9.5. Painting, repainting, cleaning, and other normal maintenance
and repair of a sign or a sign structure unless a structural change is made.
3.7.9.6. Temporary signs, not to exceed twelve square feet in area
advertising non-profit or governmental-sponsored events. Such signs shall be removed within fourteen
days after the event so advertised.
3.8. Visibility at Intersection
No wall, fence, structure, planting or
building, or other obstruction to vision shall be erected, placed, or planted
on any lot which obstructs or interferes 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
feet above the street or sidewalk grade, whichever is higher, within the
triangular area formed by the intersecting street lines, each of which points
is fifteen feet from the point of intersection.
3.9. Commercial Radio and Television and Other
Towers
Commercial radio, commercial television 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 times the
height of the tower.
3.10. Storage and Display of Goods and Merchandise
In all districts, there shall be no
storage or display of goods and/or merchandise on public walkways, which should
remain clear. 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.
3.11. Fumes, Smoke, Gases, Odors, and Noise
3.11.1. Statement of Purpose
The following standards are intended to
enhance the character of the Borough and to protect property values through
prevention of dangerous and objectionable fumes, smoke, gases, odors, and noise
from being emitted from lots or properties.
Every use and activity shall be conducted in such manner that it is clearly
compatible with the health, safety, welfare and property values of the Borough.
3.11.2. Standards for Dangerous or Objectionable
Elements
In addition to the performance
standards set forth hereinafter, all relevant provisions of any other Federal,
State and Borough laws and regulations shall also apply.
3.11.2.1. No person shall cause to allow any smoke, fly ash and other
dusts, gases, noxious odors, fumes and dust-producing substances to be
discharged or emitted into the open air, except in accordance with State and
Federal statutes and regulations thereunder.
3.11.2.2. No smoke, fly ash and other dusts, gases, noxious odors,
fumes and dust-producing substances shall be emitted into the air from any lot
so as to endanger the public health and safety, to impair safety on or the
value, enjoyment, and reasonable use of any other lot, or to constitute a
critical source of air pollution or to create a nuisance.
3.11.3.
Standards for Dangerous or Objectionable Noise
3.11.3.1. The property, structure, or machinery/equipment, (including heating,
air conditioning and ventilating) shall not produce noise therein which is
detectable by objective measurement in excess of decibel levels permitted by
State law beyond the perimeter of the site.
3.11.3.2. With the exception of time signals, emergency services, and
noise necessarily involved in the construction or demolition of buildings and
other structures, no noise shall be transmitted outside the lot where it
originates when noise has a decibel level, octave band, intermittence and/or
beat frequency which would endanger the public health or safety or impair
safety on or the value and reasonable use of any other lot.
3.11.3.3. No exterior
construction or renovation work other than painting shall be permitted at times other than the following:
Monday through Friday 7:00 AM to 6:00 PM
Saturdays 8:00 AM to 5:00
PM
Sundays and Holidays 10:00 AM to 5:00 PM