Those uses identified in these regulations as requiring special
permits shall be deemed to be permitted uses, subject to the satisfaction
of the requirements and standards set forth in this section, in addition
to all other requirements of these regulations. All such uses are
declared to possess characteristics of such unique and distinct form
that each specific use shall be considered as an individual case.
[Amended 2-1-1984; 10-30-1986]
Application for a required special permit shall be made to the Planning and Zoning Commission. Said application shall be accompanied by four black and white prints of the proposed plan as required by § 240-15, and stamped envelopes with no return address, addressed to each of the owners of property within 250 feet of any portion of the lot on which the proposed special permit is located; such owners to be as shown in the latest real estate lists of the Town of Weston (or the actual owners of record if otherwise known to the applicant). Each such application shall be submitted to the Planning and Zoning Commission which shall hold a public hearing thereon and render a decision in accordance with §§ 8-26d and 8-26e of the Connecticut General Statutes. The Planning and Zoning Commission may approve the application and issue a special permit, provided that it finds that all of the following conditions and standards have been met:
A.
The proposed use will serve a community need or convenience.
B.
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it, and the location of the site with respect
to streets giving access to it are such that it will be in harmony
with the appropriate and orderly development of the district in which
it is located.
C.
The location, nature and height of building structures, walls and
fences and the nature and extent of landscaping, screen plantings
and exterior illumination on the site are such that the use will not
hinder or discourage the appropriate use and development of adjacent
land and buildings, or impair the value thereof.
D.
Operations in connection with any such special permit use will not
be more objectionable to nearby properties by reason of noise, fumes,
vibration, or other characteristics than would be the operation of
any permitted use not requiring a special permit.
E.
Parking areas will be of adequate size for the particular use and
shall be properly located and suitably screened with evergreen planting,
walls or fences, or combination thereof, as determined necessary by
the Planning and Zoning Commission, and the entrance and exit drives
shall be designed so as to minimize traffic hazards.
[Amended 2-1-1984]
F.
In those cases where it is proposed to convert a building or structure
originally built and designed for other purposes, the Planning and
Zoning Commission shall determine whether or not such building is
adaptable to the proposed use from the point of view of public health
and safety, and if it meets the other requirements of these regulations.
[Amended 2-1-1984]
[Amended 2-1-1984]
A plan for the proposed development of a lot for a special permit
use shall be submitted with the special permit application. The plan
shall show the location of all buildings, uses, parking areas, traffic
access and circulation drives, open spaces, landscaping, topography
(including regraded contours), signs, exterior lighting, special features,
and any other pertinent information, including information about neighboring
properties, deemed necessary by the Planning and Zoning Commission,
to determine and provide for the proper enforcement of these regulations.
[Amended 2-1-1984]
The Planning and Zoning Commission shall attach such conditions
to any approved use as are, in its opinion, necessary to assure initial
and continued conformance to all applicable standards and requirements
and in accordance with law.
[Amended 2-1-1984]
Within 15 days of the approval of a special permit use, the
Planning and Zoning Commission shall file with the Building Inspector
and Zoning Enforcement Officer one print of the approved plans, with
the approval noted thereon, and a copy of the Commission's resolution,
including a list of any conditions pertaining to the approval. One
print of said plan and the resolution shall be made available to the
applicant.
[Amended 10-1-2009]
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit. A special permit shall expire
if: i) said use or uses cease for more than one year for any reason
other than fire or other casualty or is changed to another use; or
ii) all required improvements are not completed as of the date which
is five years following the date of issuance of the special permit,
or such shorter or longer period as determined by the Commission and
set forth in the conditions of approval. The Commission may extend
any expiration date upon application by the permittee.
[Added 10-1-2009]
Notwithstanding the terms of § 240-18 or any condition of approval to the contrary, special permits granted between December 1, 2007, and September 21, 2009, shall not expire for failure to complete required improvements, unless a required improvement remains substantially incomplete as of the date which is five years following the date of issuance of the special permit.[1]
[1]
Editor's Note: Original Section 340, Additional standards
and requirements, which immediately followed this section, was repealed
5-26-2011.
