A.
Purpose. The Commission feels that, by their very nature, the following
uses and structures cannot be regulated in such a fashion as to protect
the health, safety and welfare of the general public and are prohibited
in all districts.
B.
Prohibitions. While § 470-104A provides that any use not specifically permitted is prohibited, and this section is not intended to limit the applicability of § 470-104A, the following uses and activities are called out as being specifically prohibited within the Town of Canton as either principal or accessory uses:
(1)
Liquid fuel refining or production of any size.
(2)
Manufacture of explosives.
(3)
Commercial distillation of bones, rendering of fat or reduction
of animal matter.
(4)
Industrial waste disposal or processing areas as a primary use,
including the disposal or processing of hazardous waste or material
except on a temporary basis for the cleanup of contaminated sites/household
hazardous waste removal.
(5)
The storage, collection, processing, purchase, sale, salvage
or disposal of scrap including motor vehicles, motor vehicle junk
business and motor vehicle junk yard as defined in the C.G.S.
(6)
The storage or deposit, whether in connection with a business
or not, of two or more unregistered or unused motor vehicles which
are either no longer intended or in condition for legal use on the
public highways.
(7)
The storage or deposit of used parts of motor vehicles and old
metals, iron, glass, paper, cordage or other waste materials.
(8)
Signs listed under § 470-703B(3).
(9)
Outdoor wood-burning furnaces, as defined by C.G.S. 22a-174k
(as amended) in all districts other than R-3.
(10)
On-site consumption of cannabis at
any cannabis establishment.
[Added 6-10-2022]
(11)
Any cannabis establishment not otherwise
permitted by these regulations.
[Added 6-10-2022]
A.
Purpose. These performance standards are adopted to prevent activities
on any property detrimental to the use, enjoyment and value of any
other property, buildings or structures or detrimental to the public
health, safety and welfare.
B.
Applicability. All use of property must be in compliance with the
standards of this section. This section further applies to all applications
seeking zoning approval (approval of a zoning permit, site plan or
special permit) and the carrying out of those uses and activities
permitted as of right.
C.
Standards. The use of land, buildings, and other structures, wherever
located, shall be established and conducted so as to conform to the
following performance standards.
(1)
Smoke, gases and fumes. No dust, dirt, fly ash, smoke, gas,
or fumes shall be emitted into the air from any lot so as to endanger
or impair the public health, safety, welfare or the value and reasonable
use of any other lot.
(2)
Vibration. With the exception of vibration necessarily involved
in the construction, or demolition of buildings, no vibration shall
be transmitted outside the lot where it originates so as to endanger
or impair the public health, safety, welfare or the value and reasonable
use of any other lot.
(3)
Odors. No offensive odors shall be emitted into the air from
any lot so as to impair the value and reasonable use of any other
lot, excluding agriculture fertilizers used in the customary and ordinary
course of legal agricultural activities.
(4)
Glare and heat. No light shall be transmitted outside the lot
where it originates so as to endanger the public health or safety,
including the public health, safety, or welfare on any street or highway,
or to impair the value and reasonable use of any other lot.
(5)
Refuse and pollution. No refuse or other waste materials and
no liquids shall be dumped on any lot or dumped or discharged into
any river, stream, estuary, watercourse, storm drain, pond, lake,
swamp or marsh so as to constitute a source of water pollution or
so as to endanger or impair the public health, safety, welfare or
the value and reasonable use of any other lot.
(6)
Danger. No material which is dangerous due to explosion, extreme
fire hazard or radioactivity shall be used, stored, manufactured,
processed or assembled except in accordance with applicable codes,
ordinances and regulations of the Town, State of Connecticut and Federal
Government.
(7)
Radio interference. No use on any lot shall cause interference
with radio and television reception on any other lot and any use which
generates electromagnetic radiation or interference shall conform
to the regulations of the Federal Communications Commission.
(8)
Noise.
(a)
No noise shall be transmitted outside the lot where it originates
when such noise has a decibel level, octave band, intermittence and/or
beat frequency which endangers the public health, safety or impairs
safety on or the value and reasonable use of any other lot.
(b)
Construction noise shall be prohibited between the hours of
7:00 p.m. and 7:00 a.m., unless permitted by special permit.
(c)
When required by the Commission, applications shall be accompanied
by a report from a professional acoustical engineer demonstrating
that the noise standards will be attained. Prior to the issuance of
a certificate of occupancy (CO), the lot owner shall be responsible
for testing of stationary equipment verifying compliance with noise
standards. At the discretion of the Commission, such tests shall be
conducted in the presence of the ZEO.
(d)
All noise generated on any lot shall be consistent by the Regulations
of Connecticut State Agencies § 22a-69-1.
A.
Nonconforming parcel.
(1)
Any nonconforming parcel lawfully existing at the time of adoption
of these regulations, or as may be amended, may be continued as a
nonconforming parcel.
B.
Nonconforming uses.
(1)
Any nonconforming use of buildings or land lawfully existing
at the time of adoption of these regulations (as amended), may be
continued as a nonconforming use.
(2)
No nonconforming use may be changed except to a conforming use
or, to another nonconforming use of a lesser intensity and more compatible
with the character with the approval of a special permit by the Commission.
C.
Nonconforming structures.
(1)
Any nonconforming structure lawfully existing at the time of
adoption of these regulations (as amended), may be continued as a
nonconforming structure.
(2)
A nonconforming structure may only be enlarged provided such
enlargement complies with applicable area and dimension requirements/standards
of the district.
(3)
Vertical expansions of nonconforming structures are prohibited
within the nonconforming area.
(4)
A nonconforming structure destroyed or damaged by fire, explosion,
accident, force majeure, act of nature, or act of a public enemy may
be repaired, restored, rebuilt or replaced provided such repair, restoration,
rebuilding or replacement does not extend or expand the previously
existing nonconformity.
(5)
Enlargement of a nonconforming structure shall not be presumed
to mean that enlargement of a nonconforming use is allowed.
[Amended 6-10-2022]
A.
Purpose. This section of the regulations
is intended to establish standards and requirements for the siting
of different types of antennas and wireless telecommunications facilities
in the Town of Canton in order to protect and promote the public safety
and general welfare in accordance with governing law. The Town of
Canton recognizes that wireless communication services have become
an important means of communication relied upon by residents, emergency
services, visitors, and others, and intends to balance the public
need and benefit resulting from wireless communications services with
the desirability of seeking the least obtrusive means of having such
services available and minimizing possible negative effects. In furtherance
of these goals, this section is intended to:
(1)
Provide standards and requirements
for the regulation, placement, design, construction, operation, and
modification of antennas and wireless telecommunications facilities;
(2)
Establish a process that allows for
review within a reasonable period of time of requests to place, construct,
operate, or modify antennas and wireless telecommunications facilities;
(3)
Protect the community from and minimize
possible adverse visual and operational effects, including harm to
property values, of antennas and wireless telecommunications facilities
through careful design, operation, siting, and screening;
(4)
Preserve and protect the character
and appearance of the Town, including in Canton's Village Districts,
while allowing adequate wireless telecommunications services to be
developed;
(5)
Protect the scenic, historic, cultural,
and environmental resources of the community;
(6)
Provide a mechanism by which the
Town may formally evaluate, respond to, and participate in the approval
of wireless telecommunication facilities subject to state or federal
authority;
(7)
Minimize the total number and height
of wireless telecommunications facilities throughout the community
by promoting co-location of wireless telecommunications facilities;
(8)
Provide screening and landscaping
to minimize the visual impact of ground facilities;
(9)
Prevent potential damage or harm
to adjacent property or persons from tower collapse, falling ice or
debris, and structural failure;
(10)
Protect and promote the public health,
safety, and general welfare of the Town's residents and the public;
and
(11)
Provide consistency with the Town
of Canton's Plan of Conservation and Development.
B.
Authority and applicability.
(1)
This section is adopted under the
authority of C.G.S. § 8-2, wherein the State of Connecticut
has delegated the responsibility to local government units to adopt
regulations designed to promote the public health, safety, and general
welfare of its citizenry.
(2)
These regulations are the Town's
"location preferences or criteria" under C.G.S. Chapter 277a (C.G.S.
§ 16-50g, et seq.).
(3)
These regulations apply to the Commission's
authority where applicable under C.G.S. 16-235. These regulations
may also be used to provide guidance to local officials in making
decisions under C.G.S. 16- 235.
(4)
These regulations apply to C.G.S.
16-50g, et seq. (the Public Utility Environmental Standards Act).
(5)
These regulations are intended to
be consistent with the Telecommunications Act of 1996 (as amended),
and all applicable federal and state law, in that they:
(a)
Do not prohibit or have the effect
of prohibiting the provision or placement of wireless telecommunications
facilities;
(b)
Are not intended to be used to discriminate
among wireless providers; and
(c)
Do not regulate wireless telecommunications
services on the basis of the environmental effects of radio frequency
emissions to the extent that the regulated services and facilities
comply with the Federal Communications Commission's regulations concerning
such emissions.
C.
ACT
ANTENNA
BASE STATION
CO-LOCATION
CSC
EQUIPMENT SHELTER
FAA
FCC
FCC 96-326
MONOPOLE
PURA
SMALL CELL
TOWER
UTILITY POLE
WIRELESS PROVIDER
WIRELESS TELECOMMUNICATIONS FACILITIES
WIRELESS TELECOMMUNICATIONS SERVICES
YIELD POINT
Definitions. The following defined terms are particular to § 470-804, Antennas and wireless telecommunications facilities, and are intended as a supplement to the definitions provided in Article II. In some cases, definitions provided in this § 470-804C may not be consistent with definitions provided in Article II. In any such cases definitions in this § 470-804C shall have precedence when applied as related to this § 470-804, and definitions in Article II shall have precedence when otherwise applied. As applied to terms used in or related to the application of this section, and not specifically defined in this section, meanings derived from and/or consistent with usage in any guidance document by PURA, and CSC, may be considered when determining the most reasonable application of such terms. Absent such guidance, § 470-201D shall apply.
The Telecommunications Act of 1996, as amended, 47 U.S.C.
§ 151, et seq.
A device which is used for transmitting and/or receiving
electromagnetic waves, telecommunications, or radio signals, including
monopoles to which such devices are attached. Examples include, but
are not limited to, whip, panel, and dish antennas.
A structure or equipment, not including a tower or pole,
that functions as the primary sending and receiving site in a wireless
telecommunications facility.
Locating wireless communication equipment of more than one
provider on a single wireless telecommunications facility.
The Connecticut Siting Council.
A structure located at a base station designed or functioning
principally to enclose equipment used in connection with wireless
telecommunications services.
The Federal Aviation Administration.
The Federal Communications Commission.
An FCC report and order concerning national standards for
radio-frequency emissions from FCC-regulated transmitters.
A single self-supporting vertical pole, usually consisting
of a galvanized or other metal, or a wooden pole with or without below
grade foundations.
The Connecticut Public Utilities Regulatory Authority.
Wireless facilities that meet the conditions set forth in
47 C.F.R. § 1.6002(l).
A lattice structure, framework, or monopole, whether freestanding
or attached to a building or another structure, that is used and designed
to support wireless telecommunications services, including any attached
receiving and/or relaying antennas and/or equipment.
A pole that has horizontal telecommunication wire attachments
and supports lateral distribution.
An entity authorized by the FCC to be a signal carrier for
cellular telephones, personal communications services (PCS), specialized
mobile radio (SMR), enhanced specialized mobile radio (ESMR), and
paging services or other modes of communication subject to the Act.
All ground- and building-mounted equipment, ancillary equipment,
devices, towers, antennas, and other structures associated with the
provision of wireless telecommunications services, including base
stations.
Commercial wireless and telecommunications services, including
but not limited to cellular, PCS, SMR, ESMR, paging, and related systems.
A load at which a solid material that is being stretched
changes shape permanently. The amount of stress in a solid at the
onset of permanent deformation.
D.
Permitted uses.
|
Table 470-804D
Permitted Towers and Antennas
| |||||
|---|---|---|---|---|---|
|
No Permit Required
|
Zoning Permit Required
|
Site Plan Approval Required
|
Special Permit Required*
| ||
|
1.
|
Residential household/amateur antenna:
An antenna used solely for residential television and/or radio reception,
provided any such antenna meets required setbacks for accessory structures,
and a height no greater than the maximum height for a primary structure
allowed within the zoning district in which it is to be located
|
 | |||
|
1.a
|
Residential household/amateur antenna:
The same as 1., above, but of a height greater than the maximum height
for a primary structure allowed within the zoning district in which
it is to be located, but not more than 15 feet above the roof (see
Diagram 2.1)
|
| |||
|
2.
|
Residential amateur radio antenna:
An amateur radio antenna operated by an amateur radio operator licensed
by the FCC, provided that it is located in the rear yard, meets any
required setbacks, and is no more than 20 feet in total height
|
| |||
|
3.
|
Residential satellite dish antenna:
A satellite dish antenna in a residential district, provided the dish
antenna:
Measures one meter (3.28 feet) or
less in diameter; and
Shall not exceed the height of the
roof ridgeline; and
Shall not be located in a required
front yard; and
Shall not be located within any required
setbacks
|
| |||
|
4.
|
Commercial satellite dish antenna:
A ground-mounted or roof-mounted satellite dish antenna, provided
the dish antenna measures 2 meters (6.56 feet) or less in diameter
and:
Is screened from public view; and
Shall not exceed the height of the
roof ridgeline; and
Shall not be located in a required
front yard; and
Shall not be located within any required
yard setbacks
|
| |||
|
5.
|
Other residential antenna: An antenna
listed in 1, 2, or 3 above that does not comply with the identified
standards
|
| |||
|
6.
|
Other antennas on existing structures:
Any other antenna which is not attached to a tower, provided the antenna
complies with all applicable FCC and FAA regulations
|
| |||
|
7.
|
Public safety tower or antenna: A
tower or antenna intended and used primarily for the purpose of police,
fire, ambulance, and/or other emergency services or similar emergency
communications
|
| |||
|
8.
|
Tower or antenna on Town-owned property:
A tower or antenna located on a lot owned, leased, or otherwise controlled
by the Town of Canton
|
| |||
|
9.
|
State-regulated tower or antenna:
Any tower or antenna regulated by the CSC, including:
Towers built to support wireless
telecommunications services;
Co-location;
Modification of approved towers;
and
Application to attach small cells
to a structure or pole
| ||||
|
10.
|
Other tower or antenna: Any tower
or antenna not listed above
|
| |||
|
*
|
Any wireless telecommunication facility that requires a special permit must be found to be consistent with the purpose of this section in addition to the special permit criteria of § 470-902E.
|
E.
Standards. The following standards shall apply to applications submitted to, or reviewed by, the Commission under § 470-804B that require site plan approval or a special permit, and shall guide the Commission's review and response to applications submitted to CSC and PURA under § 470-804D(9). The Commission may take into consideration comments from the Canton Conservation Commission as part of the evaluation of these standards.
(1)
Location.
(a)
The location shall be selected to
demonstrate consideration of the Town's visual quality and minimize
any impact to aesthetics, public health, safety, and general welfare
of wireless communication facilities through improved design, siting,
screening, operation, and modification.
(b)
The selected location shall avoid,
to the extent practical, the placement of communication facilities
in:
[1]
Mapped public water supply watersheds.
[2]
Areas identified in the POCD as "existing
open space."
[3]
Areas identified in the POCD as "core
forest areas."
[4]
Areas identified by the Connecticut
Department of Energy and Environmental Protection (CTDEEP) as being
in a natural diversity database area (NDDB), provided that it is not
conducted and incorporated into a development plan.
[5]
Areas specifically identified on
the federal listed species and natural communities maps.
[6]
Recognized historic places, including
but not limited to properties and structures (listed individually
or as part of a district) in the National and State Registers of Historic
Places and/or districts or in Canton's Village Districts.
(2)
Communication facility type.
(a)
Reuse of existing facilities for
the location of new antennas in nonresidential areas must be exhausted
prior to the consideration of a proposed increase in the number of
towers or wireless telecommunications facilities within the community.
Due to their visual prominence, new towers, antennas, and wireless
telecommunications facilities should be discouraged.
(b)
Wireless telecommunications facilities
in the following order/hierarchy and the preferred facilities must
be used unless the applicant satisfactory determines that the preferred
facilities are not feasible at the site or that based on unique factors
of the property a non-preferred facility equally meets the standards
of these regulations:
[1]
Preferred.
[a]
Existing utility poles,
including small cell or other wireless telecommunications facilities
on existing utility distribution poles.
[b]
Structure-mounted (provided
such installation does not negatively affect the character, visual
quality, and integrity of such structure and is consistent with Canton's
character as articulated through the POCD and resultant design village
districts), such as:
[i]
Totally enclosed within
an existing structure, new steeple, chimney, cupola, or similar architecturally
compatible feature.
[ii]
Externally mounted
on the wall of an existing structure, new steeple, chimney, cupola,
or similar architecturally compatible feature.
[iii]
Mounted on or within
a new purpose-built structure such as a new water tank, bell tower,
clock tower, silo, barn, or similar.
[iv]
Externally mounted
on the roof of an existing structure, new steeple, chimney, or similar
architecturally compatible structure.
[2]
Not preferred.
[a]
Up-sized utility poles.
[i]
Small cell or other
wireless telecommunications facilities on utility poles that are substantially
larger in size or scale compared to existing utility poles.
[b]
Other new structures.
[i]
New "monopine" (monopole
disguised as a pine tree or similar) with externally mounted antennas,
at least three "branches" per vertical foot (or equivalent), and no
more than 10 feet above tree height.
[ii]
New "monopine" with
externally mounted antennas, with fewer than three "branches" per
vertical foot (or equivalent), or extending more than 10 feet above
tree height.
[iii]
New monopole with
externally mounted antennas less than 10 feet above tree height.
[iv]
New monopole with externally
mounted antennas extending more than 10 feet above tree height.
[v]
New lattice tower.
[vi]
New guyed tower.
(3)
Design.
(a)
For new installations, all wireless
telecommunication facilities shall be visually shielded, camouflaged,
and/or minimized to be as visually unobtrusive as possible when viewed
from nearby properties and public streets.
[1]
The design of equipment, buildings,
and related structures, to the extent practical, shall use materials,
colors, finish, textures, screening, and landscaping that will blend
into their surroundings.
[2]
Any building-mounted antenna shall not extend more than 15 feet above the highest point of the structure unless approved by the Commission by a special permit in accordance with § 470-902.
[3]
Any building-mounted antenna shall
be completely screened or shall be designed and installed to be architecturally
compatible with the structure in question.
(b)
New towers, including any attached
antennas, shall be located away from property lines and structures
at least as far as the height of the tower, including any antennas
or other appurtenances.
(e)
Signage shall be clearly disclosed
and not exceed what is necessary for public safety.
(f)
Site development shall:
[1]
Minimize the creation of new impervious
surfaces;
[2]
Minimize the regrading of existing
landscape;
[3]
Be designed in compliance with the
Connecticut Department of Energy and Environmental Protection Guidelines
for Soil Erosion and Sediment Control;
[4]
Be designed in compliance with the
Connecticut 2004 Stormwater Quality Manual;
[5]
Provide for security and safe access;
and
(4)
Equipment shelters.
(a)
Equipment associated with wireless
telecommunications facilities shall be concealed within buildings
that resemble sheds and other buildings typical to the Town of Canton
if they are located in recognized historic places, including but not
limited to properties and structures (listed individually or as part
of a district) in the National and State Registers of Historic Places
and/or Districts and in Canton's Village Districts.
(b)
Equipment shelters shall not exceed
the maximum height required by Table 470-304G(2).
(c)
Equipment and shelters shall adhere
to the minimum yard setbacks for principal buildings required by Table
470-304E(1).
(d)
Equipment shelters shall be sized
for the setting and the number of carriers provided to be accommodated.
(e)
Vaults may be allowed as an alternative
to an aboveground equipment shelter.
(f)
Equipment for a building-mounted
antenna shall be concealed or use screening, appropriate to the building,
to shield equipment from view.
(g)
Any equipment cabinets or other appurtenances
used in association with a tower, antenna, or wireless telecommunications
facility shall be clearly shown as part of the application, including
how such equipment is designed to blend into the surrounding landscape
or be obscured from view from adjacent properties and streets.
(h)
Security fencing may be required
by the Commission around an antenna, tower, or wireless telecommunications
facility depending on the nature of the installation.
(i)
Landscaping, including buffering,
may be required by the Commission around an antenna, tower, or wireless
telecommunications facility, depending the nature of the installation.
(5)
Operation/maintenance of antennas,
towers, and wireless telecommunications facilities.
(a)
All antennas, towers, and wireless
telecommunication facilities shall be operated in a manner consistent
with FCC and PURA guidelines for radio frequency emissions and other
applicable requirements.
(b)
All antennas, towers, and wireless
telecommunication facilities shall, under normal operating conditions,
be consistent with the noise standards of the Regulations of Connecticut
State Agencies, C.G.S. 22a-69.
(c)
All antennas, towers, and wireless
telecommunication facilities shall be appropriately maintained.
F.
Application requirements/requests.
(1)
For applications filed with the Commission ("PZC") under § 470-804B that require a site plan and special permit, the applicant shall provide the following information.
(2)
For applications filed with the CSC
and PURA, the information identified below is requested as being relevant
to the Commission's evaluation.
|
PZC
|
CSC
|
PURA
| |||||
|---|---|---|---|---|---|---|---|
|
1.
|
Carrier Identified -
| ||||||
|
a.
|
A statement identifying which licensed
carrier is either an applicant or a co-applicant on the application
|
|
|
| |||
|
2.
|
Emergency Service Needs
| ||||||
|
a.
|
A statement identifying whether an
authorized emergency services organization (police, fire, and/or ambulance
services) is either an applicant or a co-applicant on the application
|
|
| ||||
|
b.
|
If an authorized emergency services
organization is not a co-applicant, statements from police, fire,
and ambulance services indicating whether they have any emergency
service communication needs which could be addressed by the proposed
facility
|
|
| ||||
|
c.
|
Documentation that the proposed facility
will not cause any interference with any emergency or public safety
radio system
|
|
|
| |||
|
3.
|
Regulatory Compliance
| ||||||
|
a.
|
A statement that all towers, antennas,
and/or equipment will at all times be operated in accordance with
relevant local, state, and federal regulations (including the purpose
and standards of this section and FCC 96-326)
|
|
|
| |||
|
b.
|
Documentation regarding noise emission
from equipment and steps to be taken so that any equipment noise is
inaudible at the property line
|
|
|
| |||
|
4.
|
Coverage
| ||||||
|
a.
|
Coverage parameters used in the analysis
of potential sites
|
|
|
| |||
|
b.
|
Information on all tower sites considered
and the reason for rejection of any site
|
|
|
| |||
|
c.
|
A statement indicating how co-location
has been evaluated and the results
|
|
|
| |||
|
5.
|
Visual Impact
| ||||||
|
a.
|
For a new tower, the boundaries of
the tower's viewshed (the area within which the tower can be seen
based upon the topography surrounding the site)
|
|
| ||||
|
b.
|
For a new tower, notices of a "balloon test" for the proposed height and site shall be published in a newspaper in accordance with § 470-901. Illustrations, dimensioned and to scale, of the proposed tower, antennas, equipment shelters, and any other construction or development attendance to the facility
|
|
| ||||
|
c.
|
Visual simulation of the proposed
tower, antennas, and equipment enclosures
|
|
|
| |||
|
d.
|
Cross sections from multiple perspectives.
|
|
| ||||
|
e.
|
A statement indicating whether utility
services for the facility will be overhead or underground (and, if
so, plan information detailing same)
|
|
| ||||
|
f.
|
A statement and plan information
indicating whether the site will require lighting per FAA regulations
(and, if so, plan information detailing same)
|
|
|
| |||
|
g.
|
A statement as to whether any commercial
logo, other signage, or identification will be placed on any equipment
so as to be visible from adjacent property or a public street (and,
if so, plan information detailing same)
|
|
|
| |||
|
6.
|
Site Plan Information
| ||||||
|
a.
|
For towers and building-mounted proposals, site plans in accordance with the application requirements described herein and the requirements of § 470-901 and Checklist 1.3 demonstrating all proposed improvements
|
|
| ||||
|
b.
|
For utility pole installations, site
plans showing all proposed changes within the street right-of-way,
on nearby property including vegetation removal, grading, and other
considerations
|
| |||||
|
7.
|
Other Requirements
| ||||||
|
a.
|
Copies of any deed restrictions,
easements, or other encumbrances that would affect the installation
of wireless telecommunication facilities
|
|
|
| |||
|
b.
|
For applications to PURA, the applicant
shall submit a statement indicating their willingness to schedule
a public information meeting in the Town of Canton if requested
|
| |||||
|
c.
|
A statement demonstrating efforts
to comply with the purpose and locational standards of this section
|
|
|
| |||
|
8.
|
Operational Considerations
| ||||||
|
a.
|
The annual reporting requirements
required of the applicant by the CSC and PURA
|
|
|
| |||
|
b.
|
The applicant's proposal for documenting:
| ||||||
|
•
|
Whether radio frequency emission from the antenna and/or equipment
exceed FCC guidelines and actions taken to correct any noncompliance
|
|
|
| |||
|
•
|
Whether equipment at the site complies
with noise and actions to correct any noncompliance
|
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c.
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A written operations and maintenance
plan for the site and all facilities, including but not limited to,
landscaping screening and maintenance and upkeep of the site
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9.
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A statement demonstrating compliance with § 470-902E
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A.
Purpose. These regulations are intended to establish regulations
for the sale of alcoholic beverages in Town in order to protect the
public safety and general welfare to minimize any adverse visual and
operation effects.
B.
Standards.
(2)
The sale of alcoholic liquors within 500 feet of a school (as
measured from the entrance of the liquor establishment along street
center lines to the nearest portion of the school property) shall
be considered as part of any application.
(3)
The sale of alcoholic liquors shall be limited to the following
classes of permits (as defined in Chapter 54 of the C.G.S., as amended)
provided that the usage of the building or land within or on which
such sale is conducted is a permitted use within the zoning district:
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Table 470-805B
Alcoholic Beverages
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|---|---|
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Permitted Use Within Zoning District
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Class of Permit
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Restaurant
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Restaurant permit
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Restaurant permit for beer
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Restaurant permit for beer and wine
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Restaurant permit for a catering establishment
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Caterer liquor permit
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Retail
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Package store permit
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Grocery store beer permit
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Druggist permit
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|
Club
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Club permit
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Non-profit service club permit
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Charitable organization permit
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Public and private open air recreational use manufacturer
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Temporary liquor permit
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|
Temporary beer permit
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|
Manufacturer permit
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(4)
Unless permitted within the underlying district as "alcoholic
beverage sales", the class of liquor permits above shall obtain a
special permit from the Commission prior to an application to the
Department of Consumer Protection.
(5)
The Commission shall not issue a special permit for an alcoholic
beverage permit unless the Commission has considered whether the proposed
activity will:
(6)
Such special permit shall, if granted by the Commission, run
concurrently with the permit granted by the Department of Consumer
Protection, and shall not be modified to another class of permit without
the issuance of a new special permit.
(7)
Any activity which requires a temporary liquor permit or a temporary
beer permit shall comply with the requirements of the Liquor Division
of the Department of Consumer Protection.
A.
For construction.
(1)
Subject to the securing of a zoning permit, commercial trailers
used as storage or offices may be parked on any lot in connection
with a bona fide construction project on the lot.
(2)
Where construction is part of a public project such as sewers,
road work, water mains or other similar projects, a specific site
may be designated by the Commission for such purposes. Such permit
shall have a duration of no more than six months unless extended at
the discretion of the ZEO to coincide with an additional period when
the construction project is in process.
B.
For residence.
(1)
In extraordinary circumstances, such as while a residence is
being repaired or rebuilt after fire or other casualty, the use of
a trailer for residential purposes only by the lot owner and his or
her family for a period of up to six months, may be permitted by zoning
permit, and shall not be subject to the restrictions of this section.
The ZEO may grant additional extensions at his or her discretion upon
the finding that good faith efforts are being pursued to complete
such repair or rebuilding of the residence.
(2)
Provisions shall be made for water and sewerage and such provisions
shall have written approval of the Farmington Valley Health District
the time of approval by the Commission.
C.
Other trailers.
(1)
Except as provided above or elsewhere in these regulations,
no trailer shall be used for any purpose on any lot, or stand unoccupied
except with the approval of a zoning permit and such approval shall
be limited to a period of six months, provided the storage and positioning
of any such trailer:
(2)
The ZEO may extend such permit at his or her discretion after
finding either good faith efforts are being pursued to remove such
trailer or that the unique characteristics of the lot and siting of
such trailer render it inconspicuous and unobtrusive to/from adjacent
properties and the street.
A.
Purpose. For the purpose of integrated development, any number of
contiguous lots may be consolidated for the purpose of development,
and the consolidated lot shall be construed to be one lot when computing
building coverage, yard requirements, and permitted uses, provided:
(1)
The owner of each lot shall give to the owner of each lot in
the consolidated lot by deed, permanent easement, or permanent agreement
filed in the Office of the Town Clerk, the right of entrance, exit,
passage, parking and loading (subject to the review of the Town attorney).
(2)
The consolidated parcel is developed with an integrated plan
of buildings, parking, signs, loading and unloading, and open space.
(3)
The Commission may require or limit use of access driveways
to one or more lots, whether or not under separate ownership, in order
to assure safe traffic movement to and from the street and to avoid
congestion.
A.
Purpose. To provide for an expedited process to allow community businesses
to efficiently make changes in operations in response to exceptional
economic circumstances resulting from a public and health, welfare
and safety emergency declared by the President of the United States
of America, the Governor of the State of Connecticut, or the Board
of Selectman of the Town of Canton. The authority granted in this
section shall not limit any rights granted to the Commission or the
ZEO by the State of Connecticut via executive order or legislation
enacted during the emergency.
B.
Applicability.
(1)
The Commission may during a time of state of emergency as declared
by the President of the United States of America, the Governor of
the State of Connecticut, or the Board of Selectman of the Town of
Canton authorize the ZEO to allow temporary uses and activities in
accordance of the provisions of this section. The Commission may rescind
this authority at any time when it is determined to be no longer appropriate
or necessary in the community. The Commission shall establish a temporary
authorization expiration date, which may be extended at any time,
by when all permits issued under this section must expire. The authority
to grant permits under this section terminates without action of the
Commission at the time that the declaration of emergency is terminated
or otherwise declared to be over.
(2)
Zoning permits for temporary uses and activities associated
with existing commercial business may be granted by the ZEO through
the approval of a completed temporary use and activity permit application
form to authorize such use and activities. Such uses and activities
are authorized until the temporary authorization expiration date,
unless it is determined by the ZEO that a permit requires an expiration
date of a shorter duration. The use can be continued through the submission
and approval of a new application form.
(3)
Any zoning permit granted by the ZEO under this section is temporary
and does not authorize such use or activity beyond the time stated
in the permit. In applying and receiving the permit, the permittee
acknowledges that no vested rights are granted by the permit and that
the permittee is subject to all other sections of the zoning regulations
upon the expiration of the permit issued pursuant to this section.
(4)
Temporary uses shall be limited to uses of a commercial nature
that relate to an existing Town commercial business and includes,
but is not limited to:
(a)
Outdoor dining.
(b)
Outdoor retail activity.
(c)
Loading zones for customer pick-up.
(d)
An existing Town business operating mobile vending.
(e)
Promotional and directional signage, including open signage,
curbside/site pickup signage (up to an area of 15 square feet), carry-out
zones.
(f)
To the extent expressly stated in the terms of the permit, the
elimination or reduction in required on-site parking allotments, setbacks,
landscaping, and walkway requirements.
(5)
Such uses and activities shall be allowed temporarily on properties
zoned for business and industrial uses, including the Design Village
Districts allowing such uses.
C.
Standards.
(1)
A detailed written description of the proposed temporary use
or activity shall be provided. Any necessary steps or actions necessary
to comply with current best practices, including any directive issued
by emergency declaration, executive order or legislation related to
the emergency (e.g., social distancing) shall be documented.
(2)
A sketch shall be submitted with each application demonstrating
the location of the proposed temporary use or activity on the property
on which it is proposed.
(a)
The sketch shall demonstrate existing and proposed features
of the site in relation to the proposed use or activity.
(b)
Such sketch shall demonstrate adequate parking for the subject
use or activity, safe ingress and egress, and any structure or improvements
proposed associated with, or necessary to meet, the needs of the proposed
use or activity.
(c)
Compliance with current best practices (e.g. social distancing)
shall be demonstrated through the sketch where applicable.
(3)
Temporary uses and activities are not required to comply with the requirements of Article VII, Basic Standards, provided that:
(a)
Such areas are organized in a safe manner that does not expose
employees, customers and others to risk of harm.
(b)
Separation from motor vehicles is safely managed.
(c)
All state licensing requirements (i.e., liquor) are complied
with.
[1]
(Example, "CT DPC Patio, Extension of Use, and/or Additional
Consumer Bar Application" may be required for liquor.)
(d)
Accessibility requirements of the Americans with Disabilities
Act are maintained.
(e)
Requirements of the Farmington Valley Health District are complied
with.
(f)
Areas must be organized, managed, and maintained in a clean
litter-free condition.
(g)
Areas of use for nighttime activity shall be adequately lit
for safety.
(4)
Temporary uses and activities under this section may allow:
(a)
The use of previously approved required parking, landscape,
and walkway areas for outdoor business activity.
(5)
Any use of property not owned by the applicant must include
a letter of permission from the property owner. In the case of Town
property, such permission shall be provided by the Chief Administrative
Officer. The use of Town property shall require the applicant to name
the Town as an additional insured (see insurance requirement section
of Town of Canton facility use form).
(6)
The ZEO may refer the proposal to any Town Department or agency
for review.
(7)
The ZEO may impose any condition to any permit and may make
any modifications to the description of activities or sketch submitted
pursuant to this section in order to ensure the safety, convenience,
and welfare of the public.
(8)
The ZEO may refer the decision to the Commission for an advisory
ruling as to whether the temporary permit shall be issued by the ZEO.
(9)
Upon termination of the temporary use or activity, it shall
be the responsibility of the applicant to restore the site, within
15 days, to its original state in compliance with zoning.
