The primary purpose of this zone is to provide for residential use in the most established areas of town, principally in and around the Town central areas and in the immediate vicinity of Lake Pocotopaug. This area encompasses the major portion of the Town with lot sizes less than one (1) acre.
7.1.1 - The following uses are permitted in the R1 Zone as of right.
A. Detached Single family dwellings
B. Dwellings for two families in accordance with the provisions of Section 6.11.
C. Accessory uses and buildings incidental and subordinate to a permitted residential use (Accessory buildings shall comply with Section 20.)
D. Keeping of domestic livestock in accordance with Section 17
E. Parking in accordance with Section 21
F. Signs in accordance with Section 22
G. Agricultural uses as described in Section 17
7.1.2 - The following uses are permitted in the R1 Zone following site plan review as described in Section 28.
A. Buildings used for the storing, processing and manufacture of site grown agricultural products and livestock as an accessory use of a farm
B. Buildings used for the storage of farm equipment and motor vehicles, when such equipment and vehicles are used in connection with the operation of such farm
7.1.3 - The following are Special Permit uses, permitted in the R1 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised-effective Aug 9, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings
2. Public Utility buildings, structures or utility substations.
3. Public or Parochial schools.
4. Parks, playgrounds or public recreation areas.
5. Libraries, churches, museums or auditoriums.
6. Cemeteries and their extensions.
7. Hospitals.
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Active Adult, congregate and Senior Housing, as defined and described in Section 12
(revised – effective date Dec. 6, 2003)
E. Commercial recreation as defined and described in Section 18.
F. Conversions of existing single family dwellings for use as two family dwellings in
accordance with the provisions of Section 29 and the following requirements:
1. Building must have been built prior to 1941.
2. The existing building must contain at least two thousand (2000) square feet of habitable space.
3. The proposal shall be such that no exterior evidence of multi-family use shall be visible.
4. All applications for approval shall include:
A. Photographs of the existing building from all sides
B. Plans and exterior details of proposed conversion
C. Adequate parking in accordance with Section 21
D. Adequate provisions for water supply and sewage disposal
7.2 - R2 Zone: Single Family Residential
The purpose of this zone is to provide primarily for single family residential uses in those areas of the Town which have been predominately developed with single family dwellings and to provide a transition of density between those areas which shall remain rural in nature, due to environmental and topographical concerns (R3 and R4) and those areas more densely settled (R1 Zone).
7.2.1 - The following uses are permitted in the R2 Zone as of right.
A. Detached Single family dwellings
B. Accessory uses and buildings incidental and subordinate to a permitted residential buildings shall comply with Section 20
C. Keeping of domestic livestock in accordance with Section 17
D. Parking in accordance with Section 21
E. Signs in accordance with Section 22
F. Agricultural uses as defined in Section 17
7.2.2 - The following uses are permitted in the R2 Zone following site plan review as described in Section 28.
A. Buildings used for the storing, processing and manufacture of site grown agricultural products and livestock as an accessory use of a farm.
B. Buildings used for the storage of farm equipment and motor vehicles, when such equipment and vehicles are used in connection with the operation of such a farm.
7.2.3 - The following are Special Permit uses, permitted in the R2 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec. 6, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings
2. Public Utility buildings, structures or utility substations
3. Public and Parochial schools
4. Parks, playgrounds or public recreations areas
5. Libraries, churches, museums or auditoriums
6. Cemeteries and their extensions
7. Hospitals.
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Commercial recreation as defined and described in Section 18
7.3 - R3 Zone: Resource Residential
The purpose of this zone is to provide primarily for one and two family residences in those areas of Town associated with a resource requiring preservation and/or protection. This zone is focused on three major resources encompassing:
A. The Pine Brook Aquifer area (See Also Sec. 8)
B. The north and west Lake Pocotopaug watershed areas not presently served by public sewer
7.3.1 - The following uses are permitted in the R3 Zone as of right
A. Detached single family dwelling units
B. Dwellings for two families in accordance with the provisions of Section 6.11.
C. Accessory uses and buildings incidental and subordinate to a permitted residential use (Accessory buildings shall comply with Section 20).
D. Keeping of domestic livestock in accordance with Section 17
E. Parking in accordance with Section 21
F. Signs in accordance with Section 22
G. Agricultural uses as defined in Section 17
7.3.2 - The following uses are permitted in the R3 Zone following site plan review as described in Section 28.
A. Buildings used for the storing, processing, and manufacture of site grown agricultural products and livestock as an accessory use of a farm.
B. Buildings used for the storage of farm equipment and motor vehicles when such equipment and vehicles are used in connection with the operation of such farm.
7.3.3 - The following are Special Permit uses, permitted in the R3 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings.
2. Public utility buildings, structures or utility substations
3. Public and Parochial schools
4. Parks, playgrounds or public recreation areas
5. Libraries, churches, museums or auditoriums
6. Cemeteries and their extensions
7. Hospitals
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Commercial recreation as defined and described in Section 18.
E. Commercial kennels in accordance with Section 17.
F. Conversions of existing single family dwellings for use as two family dwelling in accordance with the provisions of Section 29 and the following requirements:
1. Building must have been built prior to 1941
2. The existing building must contain at least two thousand (2000 square feet of habitable space
3. The proposal shall be such that no exterior evidence of multi-family use shall be visible
4. All applications for approval shall include:
a. Photographs of the existing building from all sides
b. Plans and exterior details of proposed conversion
c. Adequate parking in accordance with Section 21
d. Adequate provisions for water supply and sewage disposal
7.4 - R4 Zone: Rural Residential
The purpose of this zone is to provide primarily for single and two family residential uses in those areas of the Town which are expected to rely upon site septic disposal and individual wells for water supply. These areas are considered key to the maintenance of the rural character that defines much of the Town's historical and social identity.
7.4.1 - The following uses are permitted in the R4 Zone as of right.
A. Detached single family dwellings
B. Dwellings for two families in accordance with the provisions of Section 6.11
C. Accessory uses and buildings incidental and subordinate to a permitted residential use (Accessory buildings shall comply with Section 20)
D. Keeping of domestic livestock in accordance with Section 17
E. Parking in accordance with Section 21
F. Signs in accordance with Section 22
G. Agricultural uses as defined in Section 17
7.4.2 - The following uses are permitted in the R4 Zone following site plan review as described in Section 28.
A Buildings used for the storing, processing and manufacture of site grown agricultural products and livestock as an accessory use of a farm
B. Buildings used for the storage of farm equipment and motor vehicles, when such equipment and vehicles are used in connection with the operation of such farm
7.4.3 - The following are Special Permit uses, permitted in the R4 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings
2. Public Utility buildings, structures or utility substations
3. Public and Parochial schools
4. Parks, playgrounds or public recreation areas
5. Libraries, churches, museums or auditoriums
6. Cemeteries and their extensions
7. Hospitals
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Commercial recreation as defined and described in Section 18
E. Commercial kennels in accordance with Section 17
F. Conversions of existing single family dwellings for use as two-family dwelling in accordance with the provisions of Section 29 and the following requirements:
1. Building must have been built prior to 1941
2. The existing building must contain at least two thousand (2000) square feet of habitable space
3. The proposal shall be such that no exterior evidence of multi-family use shall be visible
4. All applications for approval shall include:
a. Photographs of the existing building from all sides
b. Plans and exterior details of proposed conversion
c. Adequate parking in accordance with Section 21
d. Adequate provisions for water supply and sewage disposal
7.5 - RL Zone: Reserved Land
The purpose of this zone is to provide for uses of public land, within the boundaries of the Town of East Hampton that is owned by the Federal, State or Local Government.
7.5.1 - All uses within the RL Zone shall be demonstrated to be in the best interest of the public and shall be permitted as a Special Permit only. All such uses shall be proposed in accordance with Sections 28 & 29.
7.6 - C Zone: Commercial
The primary purpose of the Commercial Zone is to provide for the orderly development of those areas for commercial, professional and business uses. Its intention is to create an atmosphere conducive to the growth and maintenance of uses essential to serving the needs of the community.
7.6.1 - The following uses are permitted in the Commercial Zone upon approval of a site plan in accordance with Section 28.
A. A retail store not to exceed 25,000 sq ft of gross floor area, for a single entity(revision effective May 15, 2006).
B. Business Offices
C. Professional Offices
D. Financial Institutions
E. Public utility structures
F. Signs in accordance with Section 22 for a use permitted under this section and carried out on the same premise
G. Accessory structures and uses incidental and subordinate to a permitted use in accordance with Section 20
H. Personal Service Shops
7.6.2 - The following uses are permitted in the Commercial Zone as Special Permit uses, when specifically approved by the P&Z Commission in accordance with provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Hotels, Motels, Inns
C. Restaurants
D. Establishments for the retail sale of alcoholic beverages under Section 14
E. Theaters, Legitimate, or Motion Picture
F. Assembly Halls
G. Places of Worship
H. Hospitals
I. Active Adult, Congregate, and Senior Housing as described in Section 12 (revised effective date Aug. 9, 2003
J. Veterinary Hospitals
K. Commercial Kennels in accordance with Section 17
L. Fire and Police Stations or other Municipal uses and buildings
M. Signs in accordance with Section 22 for a use permitted under this section and carried out on the same premise
N. Accessory structures and uses incidental and subordinate to a permitted use under this section in accordance with Section 20
O. Newspaper and Job Printing, Publishing Establishments
P. Food preparation, bakeries, caterers
Q. Storage/Self-Storage Uses
R. Accessory use for auto body repair, not to exceed the storage of more than 10 motor vehicles with valid work orders or registration in place. Complete neutral opaque screening must be utilized either by vegetation or fencing.
S. Research labs
T. A retail store containing more than 25,000 sq ft and not exceeding 40,000 sq ft of gross floor area for any single entity (revision effective May 15, 2006).
U. Day Care (Effective: August 24,2007)
7.6.3 - Special Provisions
1. In the Commercial Zone, where any lot or parcel or part thereof, adjoins any residential zone, there shall be a landscaped strip, a minimum of fifteen (15') feet wide, consisting of evergreen plantings a minimum five (5') feet tall at time of installation, (revision effective May 15, 2006) forming an effective visual buffer between the commercial and residential uses. Such strip may be in either zone, but the ownership of such strip must be and remain in the same person, persons, firm or corporation as the premise devoted to such commercial use. Failure to maintain this area as an effective buffer shall constitute a
violation of these Regulations.
2. Buildings erected for principle, permitted uses in the C Zone, shall contain a minimum square footage of fifteen hundred (1500) sq. ft. on the ground floor.
3. Premises with more than one principle use shall meet the provisions of the most restrictive regulations applicable to the entire premise.
4. There shall be a minimum 6 foot wide vegetative buffer on each parcel, between commercial properties, not to include interconnections between properties for access and common easements. (Amended 4/3/02)
7.7 – I Zone: Industrial
The purpose of the Industrial (I) Zone is to encourage the best and most reasonable use of the land so designated, to broaden the tax base and to increase the opportunities for local employment. It shall promote the logical and orderly separation of land uses, encouraging reasonable growth within the Industrial Zone, unimpaired as much as possible by non-industrial uses.
7.7.1 - The following uses are permitted in the Industrial (I) Zone upon approval of a site plan prepared in accordance with Section 28.
A. The manufacturing, assembly, processing, packaging of products deemed by the Commission as non-toxic, non-noxious and non-hazardous
B. Warehousing and shipping facilities
C. Machine and tool shops
D. Wholesale sales rooms
E. Facilities for the rental of equipment and motor vehicles
F. Lumber yards, saw and planing mills
G. Printing Establishments
H. Research facilities
I. Signs in accordance with Section 22, for a use permitted under this section and carried out at the same premise
J. Accessory uses incidental and subordinate to a use permitted under this section and in accordance with Section 20
7.7.2 - The following uses are permitted in the Industrial Zone as Special
Permit uses when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised - effective Dec 6, 2003).
B. Manufacturing and storage of alcohol, plastic and chemicals
C. Manufacture, processing and storage of asphalt products
D. Manufacture of masonry products, bricks, concrete, tile, etc.
E. Bulk storage and processing of cement, sand, stone, concrete mixing and batch plants
F. Bulk storage of petroleum products
G. Contractor Storage/Service/Office
H. Public utility power plants
I. Commercial kennels in accordance with Section 17
J. Motor vehicle sales and storage, garages for the repair of motor vehicles, gasoline or motor fuel filling stations, in accordance with Section 13, only after approval of the location by the Zoning Board of Appeals as required by Sec.14-54 of the Connecticut General Statutes, as may be amended
K. Signs in accordance with Section 22, for a use permitted under this section, carried out at the same premise
L. Accessory uses incidental and subordinate to a use permitted by this section and in accordance with Section 20
M. Day Care (Effective: August 24, 2007)
7.7.3 - Special Provisions
1. In the Industrial Zone, where any lot or parcel or part thereof, adjoins any residential zone, there shall be a landscaped strip, a minimum of fifteen (15') feet wide, consisting of evergreen plantings a minimum of five (5') feet tall at time of installation (effective July 8, 2006) forming an effective visual buffer between the industrial and residential uses. Such strip may be in either zone, but the ownership of such strip must be and remain in the same person, persons, firm or corporation as the premise devoted to such commercial use. Failure to maintain this area as an effective
buffer shall constitute a violation of these Regulations.
2. Any use which is dangerous by reason of fire, radiation or explosion; injurious or detrimental to the surrounding area by reason of the possible emission of excessive dust, odor, fumes, gas, smoke, wastes, refuse matter, noise, vibration or because of any other objectionable situation which is likely to be a hazard, presently or in the future, to adjacent property or the community at large, shall be deemed prohibited by the Commission after solicitation and review of reports submitted by appropriate departments and agencies, including, but not limited to Fire, Police, Building, Planning and Health Departments.
7.8 - PO/R Zone: Professional Office/Residential
The purpose of this zone is to allow for professional uses in those areas fronting on both sides of West High Street (Rte. 66) between North Main Street and North Maple Street supplementing uses in the adjacent C Zone while retaining the residential character of the area.
7.8.1 - The following uses are permitted in the PO/R Zone as of right:
All uses allowed in the R1 Zone and as limited by the provisions of Section 7.1
7.8.2 - The following uses are permitted in the PO/R Zone upon approval of a site plan submitted in accordance with Section 28.
A. Professional offices
B. Financial institutions
C. Executive and administrative offices
D. Business offices
E. Signs in accordance with Section 22.2, for a use permitted under this section, carried out on the premise
F. Accessory uses and structures incidental and subordinate to a permitted use under this section, in accordance with Section 20
7.8.3. - The following uses are permitted in the PO/R Zone as Special Permit
Uses, when specifically approved by the Planning and Zoning Commission in accordance with Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Shop for custom work, including repair, fabricating and making of such articles incidental to such work
C. Printing and publishing
D. Public Utility structures
E. Fire and Police stations and other municipal uses and structures
F. Day Care (Effective: August 24, 2007)
7.8.4 - Special Provisions
A. All uses in 7.8.2 and 7.8.3 shall be limited to the ground floors of any buildings in the PO/R Zone.
B. Residential use located in the same premise as a use permitted under Sections 7.8.2 and 7.8.3 shall be limited to one dwelling unit.
C. There shall be no exterior evidence of the conduct of non-residential uses, except for the placement of signage complying with the provisions of these Regulations, as stated in Section 22.2
D. Expansion of a permitted use of the ground floor to an existing second floor of a structure may be allowed under Sec. 29 Special Permit with following conditions:
1. The expanded use on the second floor must be the same as the ground floor.
2. The Commission determined the expanded use would be beneficial to the community
7.9 - DD Zone: Design Development Zone
The purpose of the Design Development Zone (DD) is to permit the development of selected office, professional, laboratory, commercial/retail and light industry on tracts with good access to Rte. 66 and Rte. 2. High standards are required in this zone to ensure the harmonious integration of these types of development with the rural residential uses common to these areas. Low intensity of land uses with substantial buffering for adjacent residential areas are key characteristics in this zone. An important concept in this zone is that rough and less desirable land shall be incorporated into proposals for development to serve as a buffer, thereby lessening the effect of the development on the natural topographical and environmental features of the area.
7.9.1 - The following uses are permitted as Special Permit Uses in the Design
Development Zone (DD), upon specific approval by the Planning and Zoning Commission in accordance with Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Business, executive, professional or administrative offices
C. Research facilities
D. Financial institutions
E. Publishing establishments
F. School, colleges and universities
G. Retail and Commercial uses as described in Section 7.6 and strictly limited by Section 7.9.1.1
H. Light industry
I. Police and Fire stations and other municipal uses and structures
J. Accessory uses and structures incidental and subordinate to permitted uses in accordance with Section 20
K. Signs in accordance with Section 22, for a use permitted under this section and carried out on the same premise
L. Emergency Medical Center/Immediate medical care facility
M. Active Adult, Congregate and Senior Housing (revised- effective date Aug 9, 2003)
N. Day Care (Effective: August 24, 2007)
7.9.1.1 - Retail and Commercial Use in the DD Zone:
The following requirements, in addition to all other provisions of this and any other applicable sections of these Regulations shall apply to any and all commercial/retail uses proposed in the Design Development Zone.
A. Retail uses shall be limited to not greater than thirty (30%) percent, expressed as square feet of occupiable floor area of the total developed proposal.
B. The proposal shall be so phased that construction and development of commercial/retail use(s) shall commence after or concurrent with the total development proposal.
C. The applicant shall demonstrate that commercial/retail uses are of such nature to enhance and augment the development proposal and that all uses shall be compatible and inter- related.
D. Occupancy of commercial/retail uses shall not be permitted prior to substantial completion of all buildings proposed for each phase. In developments consisting of multiple phases, no more than thirty (30%) percent of the development of each phase shall contain commercial/retail use. Buildings proposed for exclusive commercial/retail use shall not be permitted unless, or until the seventy percent: thirty percent (70%:30%) use ratio is evident.
7.9.2 - Special Provisions for All Uses
A. Public sewers and all available utilities are required to serve any development in this zone. All utilities including electricity, telephone and cable television shall be underground.
B. Lot coverage shall not exceed fifty (50%) percent of the lot area.
C. Landscaped open space is subject to review and approval by the Commission and shall cover a minimum of fifty (50%) percent of the lot area.
D. There shall be a minimum effective buffer of at least fifty (50') feet between any proposed building or parking area or lot in this zone and any existing residential property line. This buffer shall be one hundred (100') feet to any existing residence.
E. For any proposed use in this zone, the applicant shall supply, in sufficient quantities, architectural drawings of all buildings, structures and signs. Such drawings shall consist of, but not be limited to: exterior elevations, general floor plans, at least one perspective drawing showing structures, where applicable, types of exterior materials proposed for use and proposed signs as to their location and general design.
F. The design of all buildings and structures to be erected in this zone shall be subject to the approval of the Commission. The design of all buildings and other structures including the building materials and exterior elevations shall be of such a character as to be harmonious with the area in which it is located, to accomplish an effective, non-abrupt transition of styles between it and areas of established development. The design shall preserve and enhance the appearance of the community and shall not have any detrimental effect on the property values of the area.
G. The proposal shall include a forty (40') foot effective buffer around the entire perimeter of the parcel except for that portion that abuts a major thoroughfare, or those areas requiring larger buffers as described in Section 7.9.2.D. Only access drives, utilities, and natural or landscaped vegetation shall be allowed in these areas.
H. The minimum first floor area of any principal building in this zone shall be ten thousand (10,000) square feet.
I. The minimum lot size shall be five (5) acres
J. The maximum height of any building shall be fifty (50) feet.
K. Access drives, roadways, etc. must be designated as "No Parking" areas.
L. The Commission reserves the right to waive any of the special provisions of this Section (7.9.2) by a three-quarter (3/4) majority vote of all the members seated if, in the opinion of the Commission, the proposal would be in keeping with the purpose of the regulation and would not have a detrimental affect on the area.
Section 7.10 - VC Zone: Village Center
7.10.1 - Statement of Purpose
The purpose of the Village Center Zone is to encourage a more viable Village Commercial area by providing for a mixture of compatible public and private uses, stressing pedestrian circulation and amenities. The Village Commercial District would include uses such as retail, service, office, government and public recreational facilities, and apartments, subject to specific standards and controls appropriate to the intensity, scale, and overall character of the area.
The Village Center possesses distinct historical, economic, and environmental characteristics which are embodied in intermixed residential, manufacturing, commercial and public uses and which differentiate it from other areas in East Hampton.
In order to promote the public health and welfare, assist in the revitalization of business and social activity, restore the visual character, rekindle the Village Center as the focus of community identity, provide a responsive context and set of guidelines for change, and achieve goals of East Hampton Plan of Development, the Village Center Zone is hereby established.
7.10.2 - Uses Permitted in the Village Center Zone
The following uses are permitted in the VC Zone upon approval by the Planning and Zoning Commission of a site plan in accordance with Section 28 and the Special Provisions set forth in this section.
A. Retail stores
B. Medical offices
C. Professional offices
D. Business offices
E. Personal service shops
F. Financial institution
G. Restaurants, provided they are not drive-in restaurants
H. Clubs or fraternal organizations
I. Day care
J. Places of worship
K. Business schools, including, but not limited to, secretarial, data processing, real estate, accounting/tax, administration, management
L. Corporate offices
M. Shops for custom or craft work which is deemed not to be industrial in nature
N. Wholesale sales offices, sample rooms
O. Signs in accordance with Section 22
7.10.3 - Special Permit Uses
The following uses are permitted in the VC Zone as Special Permit Uses approved by the Planning and Zoning Commission in accordance with Section 29, following a public hearing.
A. Establishments for retail and sale of alcoholic liquor for consumption as limited by Section 14
B. Hotels, inns
C. Theaters, cinemas
D. Places of assembly for recreation, entertainment or amusement
E. Uses providing essential community service including, but not limited to, government buildings, park playground or recreational area, museums or auditoriums, community houses and parking lots
7.10.3.1 - Special Provisions for Residential Use
A. Apartments may be permitted on the second and third floors of buildings. Space allocated for apartments to include hallways, stairways, vestibules, etc., may not exceed fifty percent (50%) of the gross floor area of a building less than five thousand (5,000) square feet or thirty-three percent (33%) of the gross floor area of a building five thousand (5,000) square feet or greater. This requirement may be waived by the Commission by a ¾ vote of the members present where the Commission deems a waiver would be a substantial benefit to the Town, reason for the waiver shall be made a part of the record. Where more than the aforementioned
allocated space for apartments has been waived a Special Permit shall be required (revised – effective date Aug 9, 2003).
B. In addition to building and other applicable code requirements, each apartment shall have unobstructed access to the outside, separate from any business activity.
C. The business building shall be served by public water supply and sanitary sewer as available.
D. Soundproofing shall be designed and installed to isolate the normal sounds of business activity from the apartments.
E. On-site parking standards as set forth in Section 21 shall be adhered to and such spaces shall be designated as resident parking or tenant parking.
Section 7.10.4 - Special Provisions Applicable to All Uses in the Village Center Zone
A. Seventy-five (75%) percent of the gross floor area of the first floor of a building located in the VC Zone shall be devoted to retail or personal service uses.
B. No building, driving lane, parking or loading shall be located within twenty-five (25') feet of a residential zone boundary. This area shall have existing or installed evergreen plantings or fencing to provide maximum screening of not less than five (5') feet in height at the time of installation. The Commission reserves the right to waive this by a three-quarters (3/4) vote of members present, and reasons for such waiving shall be made part of the record. The buffer width may not be decreased to less than half of the requirement.
C. The front, side and ten (10') feet of the rear yard shall be retained for landscape or pedestrian amenities.
D. A building may be built on a lot line on no more than one side and one rear parcel providing:
1. Such lot line separates two (2) parcels in the same zone
2. Whenever parcels are owned by two different owners, the Planning and Zoning Commission shall be furnished with a legally prepared "0" lot line agreement and site plan(s) demonstrating coordinated floor plans and architectural designs. In the event of a phased "0" lot line building project by a single owner of parcels, the
Commission shall be provided with a site plan depicting the phased portions of the building, architectural design, and a time table for project completion.
3. Access to a lot shall be limited to one drive unless otherwise directed by the Traffic Authority and/or Fire Marshal. Common drives between lots are to be encouraged, per agreement, between owners.
4. All heating, ventilation, air conditioning, or other exterior mounted appurtenances, portable and fixed, shall be hidden from view.
5. All electric, telephone and other cable-like utility installation shall be located underground, except required or necessary light standards, etc.
6. No outside storage shall be permitted.
7. On-site dumpsters shall be placed in a location so as to be out of the public's view and be adequately screened.
8. Parking shall be located to the rear or on non-public street sides of the building so as to allow maximum building frontage exposure and pedestrian access. Provision shall be made for pedestrian access to the building's rear and to the public street.
9. Sidewalks, where not already present, shall be installed along the frontage of public streets according to the Town of East Hampton Road Standards.
10. When an existing structure is deemed to be of historic significance by the Commission, application for site plan approval shall contain a report detailing the manner of restoration. Any restoration shall be in keeping with the character of the Village Center.
11. New building style, signage, on-site amenities, etc. are encouraged to be in keeping with the overall character of the Village Center.
12. A development plan contributing to the implementation of on-site pedestrian amenities such as mini-mall, park, etc., and public amenities such as benches, decorative sidewalks, landscaping along street, period lighting, etc. shall be granted a density bonus of twenty (20%) percent, as reflected in an increase in
height of the building, and result in a decrease of lot coverage by a minimum of ten (10%) percent.
Section 7.11 – Housing Opportunity Development Zone (effective 08/04/08)
Section 7.11.1 – Intent and Purpose
This regulation (hereinafter referred to as the “HOD Regulation”) is adopted for the following purposes:
A. To allow, on a long-term basis, for the development of diverse housing types, including affordable housing to help address identified housing needs;
B. To encourage the construction of housing that is both affordable as defined by state statutes and is consistent with design and construction standards present in the community;
C. To promote housing choice and economic diversity, including housing for low and moderate income households;
D. To efficiently utilize existing infrastructure and promote neighborhood planning by providing, where infrastructure support is available, a mix of housing types, densities, sizes and prices, while also providing substantial public and private open space and recreational areas;
E. To guide a proposed~ development so that it helps accomplish the above purposes while being consistent with soil types, terrain and infrastructure capacity and is consistent with the statutory purpose of protecting the public health, safety, convenience and property values; and
F. To encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation.
Section 7.11.2 – Definitions
A. Housing Opportunity Development (“HOD”). A proposed housing development in which, for at least forty (40) years after the initial occupancy of units within the proposed development, (1) not less than fifteen percent(15%) of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that such dwelling units be sold or rented at, or below, prices which will preserve the units as affordable housing, as defined in CGS § 8-30g, for persons or families whose income is less than or equal to eighty percent (80%) of the area median income or the statewide median income, whichever is less; and (2) not less than fifteen percent (15%) of the dwelling units shall be conveyed in the same manner to persons or families whose income is less than or equal to sixty
percent (60%) of the area median income or the statewide median income, whichever is less.
B. Housing Opportunity Unit, as used in this HOD Regulation, “Housing Opportunity Unit” means a housing unit within a Housing Opportunity Development for which persons and families pay thirty percent (30%) or less of their annual income, where such income is less than or equal to eighty percent (80%) or sixty percent (60%) as applicable, of the lesser of area median income for the Hartford PMSA or statewide median income, as determined by the U.S. Department of Housing and Urban Development.
C. Developable Land. ~The land area of the parcel after deducting any area defined as an inland wetland or watercourse, located within a special flood hazard area as defined by the Federal Emergency Management Agency or exhibiting pre-development slopes of 25 percent (25%) (a 12.5 foot rise over a 50 foot distance) or steeper. If an HOD is proposed within the Lake Pocotopaug Protection Area, the term developable land shall be defined as aforesaid except that any area exhibiting pre-development slopes of 20 percent (20%) or steeper shall be deducted.
Section 7.11.3 – Primary Uses and Structures Permitted
A. Single-family detached dwellings, on either common interest ownership property or subdivided lots.
B. Attached single-family dwellings consisting of two or more residential units except that there shall be no more than four units per building, unless the dwellings are located within a Common Interest Ownership Association in which case there shall be no more than six units per building.
C. Public utility and infrastructure uses.
D. Water supply tanks.
Section 7.11.4 – Permitted Accessory Uses and Structures
A. On-site facilities for active and passive recreation, including community buildings and clubhouses, swimming pools, athletic fields, walking trails, bicycle routes, tennis courts, basketball courts, playgrounds and picnic areas.
B. Uses or structures accessory to the primary uses to the extent permitted by and subject to the procedures, limitations and conditions of Section 20 of the Zoning Regulations.
C. Uses of a residence for personal business purposes to the extent permitted by and subject to the procedures, limitations and conditions of the Zoning Regulations.
Section 7.11.5 – Uses Prohibited in an HOD Zone
A. Burial of fuel storage tanks, except liquid propane, shall be prohibited.
Section 7.11.6 – Generally-Applicable Standards
A. All areas within the Lake Pocotopaug Protection Area shall remain subject to its requirements as set forth in Section 7.12 of the Zoning Regulations.
B. Unless modified by the Commission, each HOD shall make provision for facilities to help meet the social and recreational needs of residents of the HOD.
1. A community building / clubhouse or other arrangement for common interest activities may be required if the HOD development contains 100 or more units and if so required, such community building~ / clubhouse shall be provided as part of the construction phase resulting in 100 or more units within the HOD development.
2. Recreational amenities such as, but not required to be, tennis courts, basketball courts, bocce courts and /or other recreational facilities as proposed by the applicant.
C. All attached dwellings shall be served by sewers.
D. To maintain long-term affordability, the applicant shall demonstrate, as part of the Conceptual Plan and Final Plan, what strategies have been employed to provide for energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation in a cost effective manner.
Section 7.11.7 – Parcels Eligible for rezoning to HOD Zone District
No parcels of land shall be rezoned to HOD Zone District unless it satisfies the following criteria:
A. Not less than 10 nor more than 200 total acres;
B. Currently zoned for residential use; and
C. Not less than 50 feet of frontage on a Town road.
Section 7.11.8 – Height, Area and Yard Requirements
A. Overall Housing Opportunity Development:
Maximum Density |
5.0 units per acre of developable land |
Maximum Coverage by Impervious Surfaces |
25 percent |
Total Minimum Open Space |
15 percent |
B. Single-Family Detached Dwellings on Subdivide Lots:
Minimum Lot Width |
70 feet |
Minimum Lot Frontage |
50 feet |
Minimum Front Yard |
30 feet |
Minimum Side Yard |
10 feet |
Minimum Rear Yard |
25 feet |
Maximum Building Coverage |
20 percent |
Maximum Building Height |
35 feet |
Maximum Stories |
2 ~1/2 |
C. Single-Family Detached Dwellings on Common Land:
Minimum Setback from Perimeter of HOD Zone~~~ |
30 feet |
Minimum Setback from Existing or Proposed Public Road Right-of-way |
30 feet |
Minimum Setback from Existing or Proposed Private Road~~~ |
30 feet |
Minimum Principal Building Separation |
20 feet |
Minimum Accessory Building Separation |
15 feet |
Maximum Building Coverage |
20 percent |
Maximum Principal Building Height~ |
35 feet |
Maximum Accessory Building Height |
15 feet |
Maximum Stories |
2 ½ |
D. Attached Dwellings on Common Interests Lands:
Minimum Setback from Perimeter of HOD Zone when Abutting Existing Residential |
75 feet |
Minimum Setback from Existing Public Road Right-of-way~ |
100 feet |
Minimum Setback from Proposed Public Road Right-of-way |
30 feet |
Minimum Setback from Existing or Proposed Private Road |
30 feet |
Minimum Principal Building Separation |
30 feet |
Minimum Accessory Building Separation~ |
15 feet |
Maximum Principal Building Height |
35 feet |
Maximum Accessory Building Height |
15 feet |
Maximum Stories |
2 ½ |
E. Common Interest Facilities
Minimum Setback from Perimeter of HOD Zone or Existing Public Road Right-of-way |
100 feet |
Community Building/Clubhouse: |
|
Maximum Height~ |
35 feet |
Maximum Stories~~ |
2 ½ |
Section 7.11.9 – Road Construction Standards and Road Dedication Requirements
Within an HOD Zone District, all roads, whether public or private, shall be constructed in conformance with the Town standards except that the Commission may, by a simple majority vote, modify sidewalk requirements, cul-de-sac length limits, and/or road widths. However, for projects that shall be developed as Common Interest Ownership Associations, private roads shall not be required to be constructed in accordance with Town standards. For these, the Commission may establish project-specific sidewalk requirements, cul-de-sac length limits, and road widths only to the extent the same promote and protect the public health and safety.
Section 7.11.10 – Common Interest Ownership Requirements
A. A common interest ownership association formed and governed in accordance with the Connecticut General Statutes shall be established whenever a development proposed within an HOD Zone District includes private roads, includes units on common land or attached dwellings, includes common recreation facilities, when the required open space is to be owned by a homeowner association, or when there are any other circumstances which would require common maintenance or management responsibilities (for maintenance of dwelling units not situated on subdivided lots, maintenance of infrastructure, neighborhood coordination, or other purpose).
B. When so required, all dwelling unit owners in an HOD Zone District, including the owners of single-family detached homes on subdivided lots, shall be members of the common interest ownership association.
C. An application for approval of Conceptual or Final Plans shall include, in draft form, a declaration and bylaws prepared in conformance with the Connecticut Common Interest Ownership Act, CGS § 47-200 et seq.~ In order to avoid fundamental differences between different components of the HOD, including affordable and non-affordable units, such common interest ownership documents shall provide for one owners association unless, for valid reason proposed by the developer, the Commission allows establishment of a master unit owners association comprising the entire HOD, as well as subsidiary association of development areas or clusters within the HOD.
D. The declaration and bylaws prepared in conformance with the Connecticut Common Interest Ownership Act shall provide that any fees set by the association shall not result in a person or family occupying a Housing Opportunity Unit having monthly expenditures for housing which will exceed the “maximum monthly payment” for an affordable unit as provided in State Statute, Regulation of Connecticut State Agencies, or the required Affordability Plan.
Section 7.11.11 – Open Space and Exclusive Use Area
A. Within an HOD, not less than fifteen percent (15%) of the gross area shall be set aside as open space to be deeded to the Town, a recognized land trust, or another recognized conservation organization as approved by the Commission.~ With approval of the Commission, such open space may be retained by the common interest ownership association subject to a conservation easement.~ Such areas may include, but are not limited to, areas for active or passive recreational uses; perimeter buffers or trees belts as described in this HOD Regulation; and upland regulated areas surrounding wetlands or watercourses.~ The Commission shall encourage the open space to be contiguous to or to interconnect existing or potential future open space.~ Any open space subjected to a conservation easement shall preserve it for such
uses in perpetuity.
B. The common interest ownership documents for an HOD may provide for an exclusive use area for each dwelling unit located in a common interest ownership area of the HOD
Section 7.11.12 – Parking Requirements
A. Within an HOD, off-street parking shall be provided at a rate of not less than two (2.0) space per dwelling unit.
B. An application for a Housing Opportunity Development shall identify on the Conceptual and Final Plans the location and number of parking spaces that will serve all units located in the common interest ownership areas.
Section 7.11.13 – Signage
Signage within a Housing Opportunity Development shall comply with Section 22 of these Zoning Regulations.
Section 7.11.14 – Trash Removal
The Conceptual and Final Plan for a Housing Opportunity Development shall provide information about the number, location and screening of dumpsters or trash receptacles at community facilities and for servicing dwelling units.~ For individual units, the Final Plan and, if applicable, a Subdivision Plan shall make adequate provision for trash storage and removal.
Section 7.11.15 – Landscaping
Landscaping of buffers and perimeters and the aesthetic quality achieved thereby shall be considered a critical part of the Conceptual and Final Plans and if applicable, a Subdivision Plan, for a Housing Opportunity Development.~ Such Plans, therefore, shall provide at a minimum for the following:
A. For all dwellings except single-family detached dwellings on subdivided lots, one shade tree per unit, along with an illustration or detail of minimum foundation plantings per unit.
B. Between all proposed single-family detached dwellings on subdivided lots and fronting on an existing Town road, a minimum 25 foot wide “tree belt” in which trees are to be planted with one row of deciduous trees no more than 50 feet apart on center.
C. Between any proposed attached dwellings and any existing offsite single-family detached dwellings on subdivided lots, a landscaped or natural area, called a “perimeter buffer,” of not less than 25 feet wide containing plantings to achieve visual screening from adjacent properties.
D. When and where appropriate, the Commission may allow existing vegetation to be used in lieu of new landscaping materials.
Section 7.11.16 – Sidewalks and Bus Shelters
Sidewalks, trail and bus shelters shall be provided in suitable locations: however, sidewalks shall not be required on both sides of the street.
Section 7.11.17 – Lighting
Conceptual and Final Plans and if applicable, a Subdivision Plan, for a Housing Opportunity Development shall provide, with illustrative detail, for exterior street lighting fixtures at intersections of Town roads, and as may be required for the safety of vehicular or pedestrian traffic.
Section 7.11.18 – Utilities
A. All electrical and telephone lines shall be located in conformance with applicable Town highway specifications.
B. No certificate of occupancy shall be issued for any dwelling unit until such unit has been connected to all required utilities.
Section 7.11.19 – Zone Change and Conceptual Plan Requirements
A. An application to establish a HOD zone requires a zone change application which will be processed in accordance with Section 31 of the Regulations.
B. In addition no zone change to HOD shall be granted without simultaneous submission and simultaneous approval of Conceptual Plans demonstrating that the area of the proposed zone change and the design of the proposed development is consistent with the purpose of the Zone and, as provided in CGS § 8-2, is appropriate for the site given soil types, terrain and infrastructure capacity.
C. The Conceptual Plan(s) shall contain an overall plan showing the following:
1. Key Map at 1” = 2000’ scale
2. For the parcel to be rezoned and other properties within 500 feet, a map at 1” = 100’ scale depicting:
a) The parcel to be rezoned to HOD with the boundaries of the property certified to a State of Connecticut A-2 Map Survey Standard,
b) Parcel to be rezoned the existing zoning of parcel to be rezoned, and
c) The existing zoning of adjacent land, and
d) The Assessor’s parcel numbers of the parcel to be rezoned and other properties within 500 feet,
3. 500 foot perimeter map, with Assessor’s parcels listed.
D. The conceptual Plan(s) shall show the following information, at a scale no greater than 1”=100’.
1. Title block, north point, scale, location map, and names of the engineer, architect, landscape architect, and/or surveyor preparing the plan.
2. Approval blocks
3. Location and extent of watercourses and waterbodies.
4. Location and extent of wetlands as defined by soil type.
5. Location and extent of floodplains.
6. Location and extent of areas with pre-development slopes of 25 percent or more (for land not located within the Lake Pocotopaug Protection Area) or 20 percent or more (for land located within the Lake Pocotopaug Protection Area).
7. Location of existing buildings and structures.
8. Location and layout of proposed property lines and building setback lines.
9. Location of proposed property lines and building setback lines.
10. Existing and proposed roads, pedestrian walkways, driveways, loading and parking areas and spaces.
11. Conceptual building elevations and floor plans.
12. Conceptual grading plan based on ten (10) foot contours from a USGS map.
13. Conceptual plan of existing and proposed storm drainage.
14. Conceptual plan of existing and proposed water supply facilities.
15. Conceptual plan of existing and proposed sewage disposal facilities.
16. Conceptual profiles for roads to be constructed to Town standards and dedicated to the Town in areas where road grades will exceed eight percent.
17. Proposed Open Space Plan identifying the areas of the development what will be preserved as open space; the areas and facilities to be used for active or passive recreation; connections to existing Town open space; and any improvements, structures, buildings or accessory uses to be located in open space.
18. A Conceptual Schedule of Construction, explaining the sequence of construction of the development areas in coordination with construction of infrastructure and recreational uses.
E. Traffic study prepared by a licensed engineer including, if off-site traffic improvements are proposed or required, a schematic plan with existing and proposed conditions.
F. Sufficient information for the Commission to determine that there is or will be adequate water available to service the proposed development (quantity, quality, pressure) as evidenced by:
1. A letter from an existing water company indicating that it can and will service the development,
2. A report from a hydro-geologist or other appropriate professional, based on field testing and other relevant information, or
3. Both.
G. Sufficient information for the Commission to determine that there is or will be adequate provision for the sewage disposal needs of the proposed development as evidenced by:
1. A letter from the water pollution control authority indicating that it can and will service the development,
2. A report from a Connecticut-licensed civil engineer, based on field testing and other relevant information, that the soils are adequate for septic systems to be installed as part of the proposed development, or
3. Both.
H. A preliminary “Housing Affordability Plan” in accordance with CGS § 8-30g, section 8-30g-1 et seq. of the Regulations of Connecticut State agencies and the “Housing Affordability Plan Requirements” as adopted by the policy of the Commission and as the same may be amended form time to time.
Section 7.11.20 – Final Plan Requirements
A. Following approval of the Conceptual Plan or in lieu of filing a Conceptual Plan, the applicant shall submit a Final Plan for review and approval.
B. The Final Plan application shall be processed in accordance with Section 28 of the Zoning Regulations.
C. If applicable, a Subdivision Plan shall be processed in accordance with the requirements of the Subdivision Regulations.
D. Nothing in this HOD Regulation shall be interpreted as prohibiting as applicant from seeking concurrent conceptual and Final Plan approvals.
E. Such Final Plan application shall include a final “Housing Affordability Plan” in accordance with CGS § 8-30g, section 8-30g-1 et seq. of the Regulations of Connecticut State Agencies and the “Housing Affordability Plan Requirements” as adopted by this policy of the Commission and as the same may be amended from time to time.
Section 7.11.21 – Duration of Final Approval
Following approval of a Final Plan and/or Subdivision Plan, all work associated with such approval(s) shall be completed in accordance with CGS § 8-3(i), CGS § 8-3(j), CGS § 8-26c and /or CGS § 8-26g, as applicable.
Section 7.11.22 – Start of Construction
An HOD may be built in phases provided each phase is consistent with the overall requirements of the HOD.~ In accordance with CGS § 8-3(i) and/or § 8-26c, each phase, including public improvements, shall be completed within five years of the start of construction of such phase, provided that the overall HOD shall proceed in accordance with Section 21 of the HOD Regulation.
Section 7.11.23 – Bonding of Public Improvements shown on Final Plan and Subdivision Plan
When a phase includes a public improvement, including a phase within a common interest community, the posting on any performance or other bond or financial security to ensure the completions of any such public improvements, shall occur prior to the start of construction of that phase of the HOD or in the case of a subdivision approval, including a conditional approval as authorized by CGS 8-25. The posting of any such bond or other financial security shall be done in accordance with the provisions contained in Section X of the East Hampton Subdivision Regulations.
Section 7.11.24 – Enforcement
A violation of the provisions of the approved Affordability Plan shall not result in a forfeiture or reversion of title, but the Planning and Zoning Commission shall otherwise retain all enforcement powers granted by the Connecticut General Statutes, including the authority under CGS § 8-12 to issue notices of violation, to impose fines, and to seek injunctive relief.
Section 7.12 – Lake Pocotopaug Protection Area
7.12.1 - Purpose
This regulation is to provide special protection to all land included in the watershed of Lake Pocotopaug. It shall reduce the negative environmental effects of development in this area.
7.12.2 - Scope
All uses requiring Subdivision, Site Plan or Special Permit approval shall be subject to this regulation. A public hearing will be required for all applications under this section.
All proposals shall show that specific and adequate measures have been taken to.
1. Reduce erosion and sedimentation during and after construction.
2. Promote the removal of sediments and nutrients in stormwater.
3. Limit the area of disturbance.
4. Avoid slopes in excess of 20%.
5. Protect native vegetation.
6. Ensure that post development peak rates and volume of stormwater runoff
do not exceed predevelopment levels.
7. Promote infiltration of stormwater.
8. Protect native wildlife.
9. Provide adequate open space.
10. Reduce the effort required to maintain systems proposed, (road drainage, septic systems, landscaping, etc.) to increase the likelihood of proper maintenance.
11. Ensure that the proposed development is compatible with the surrounding area.
12. Preserve scenic ridgelines and other natural features.
The following are some techniques recommended in the design of proposals in this zone.
Use of slotted or perforated pipe.
Use of vegetated swales in lieu of piped drainage.
Use of storm water recharge basins.
Treatment of first flush. Systems should be capable of treating the first 1" runoff.
Use of Universal Soil Loss equation.
Environmental Impact Statements.
Use of porous pavements.
Use of check dams energy dissipaters.
Use of bioengineered mulches, mats and rolls.
Avoidance of steep slopes.
Referral of proposal to SCS, DEP, etc.
Investigation of native wildlife.
Recreational impacts statement.
Rationale for open space proposed.
Use of phasing to minimize disturbed area.
Use of contract limit lines (plans & field).
7.12.4 - Additional requirements.
All proposals shall be subject to all provisions of Section 28 (Site Plan), Section 29 (Special Permit), or Subdivision, as applicable, and all relevant regulations, codes and laws. (Effective: October 15, 2007)
7.12.5
The Planning and Zoning Commission may request any such information it deems necessary to make their determination regarding any application, in addition to and exclusive of materials submitted to the Inland Wetlands and Watercourses Agency and the Conservation Commission, or any other review entity. (Effective: September 1, 1996).
7.12.6
In cases where the commission decides that the development might have significant impact on Lake Pocotopaug; the applicant will be required to contact the Town Planner to make arrangements with the Town’s Lake Consultant to review the proposed development and comment as to its effect on the lake. The cost of Consultant shall be paid by the Applicant.
The consultant shall forward the report to the Town Planner who shall then forward it to the Planning and Zoning Commission. (Effective: May 19, 2007).
Section 7.13 – Upper Connecticut Conservation Zone
7.13.1 Connecticut River Assembly Membership:
The Connecticut River Assembly shall consist of:
The governor or his designee, and one alternate;
One member and one alternate from each of the fifteen municipalities, appointed by the legislative body;
One member and one alternate from the Capitol Regional Council of Governments; and
One member and one alternate from the Midstate Regional Planning Agency.
7.13.2 Municipal Referral of Land Use Applications:
A. Referrals:
Whenever the East Hampton Planning and Zoning Commission receives an application for any of the land uses listed in this section for land that is located within the conservation zone, the Commission shall forward a copy of the application to the Connecticut River Assembly (CGS Chapter 477) for information, review, comments, and recommendations. The application shall be forwarded not later than 35 days before a public hearing, if a public hearing is required or scheduled, or before a decision is made on the application, if no hearing is required or scheduled.
B. Uses to be Referred:
Applications for the following uses shall be forwarded to the Assembly:
1. Business Uses: Any use of land for commercial, business, retail, or office use; or any combination thereof that requires a land area of more than seven and one-half (7.5) contiguous acres, a change of zone of more than seven and one-half contiguous acres, or a building floor area of more than 75,000 square feet.
2. Industrial Uses: Any industrial or manufacturing use that requires a land area of more than ten (10) contiguous acres, a change of zone of more than ten (10) contiguous acres, or the employment of more than 250 employees.
3. Residential Uses: Any residential use that requires more than 25 contiguous acres, a change of zone of more than 25 contiguous acres, or includes more than 50 dwelling units
4. Municipal or Institutional Uses: Any municipal or institutional use that requires a land area of more than fifteen (15) Contiguous acres.
5. Public Service Uses: Any project that is submitted by a public service company for municipal approval and includes proposed land use of ten (10) acres or more.
6. Parking Area: Any use having 100 or more parking spaces.
7. Hazardous Waste Facilities: Any hazardous waste facility, as defined in Section 22a-115 of the General Statutes of Connecticut, as amended.
8. Solid Waste Facilities: Any solid waste facility, as defined in Section 19-524a of the General Statutes of Connecticut, as amended.
9. Petroleum Facilities: Any oil refinery or bulk fuel oil storage facility.
10. Any bridge, dam or hydropower facility.
11. Power Lines: Any electric transmission line of a design capacity of 69 kilovolts or more.
12. Quarry Operations: Any soil and earth material removal operation involving 15,000 cubic yards of material or five (5) contiguous acres of land area.
7.13.3 - Assembly and Commission Action:
A. Assembly Action:
The Assembly, upon receiving a copy of the application, may prepare written comments concerning the regional impact of the proposed land use and, prior to any public hearing, submit such comments to the Commission. If no public hearing is required, comments, if any, shall be forwarded to the Commission prior to the scheduled date of Commission action on the proposal.
B. Commission Action:
1. The Commission shall read any comments submitted by the Assembly into the record of any public hearing or public meeting held on the application. Comments provided by the Assembly shall be advisory. The lack of comment by the Assembly shall not be considered in a negative or affirmative manner.
2. A two-thirds vote of all the members of the Commission shall be required to approve an application which has received a negative comment from the Assembly. (Effective date June 21, 2001)
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