In accordance with the procedures, standards
and conditions hereinafter specified, the Commission may approve special
uses in a district where such uses are listed. All requirements of
the section are in addition to other requirements applicable in the
district in which the special use is to be located.
[Amended 1-17-2012]
Uses permitted as special uses subject to the
approval of the Commission are deemed to be permitted uses in their
respective districts, subject to the satisfaction of the requirements
and standards of this section. Special uses that may be permitted
in a district are uses that under favorable circumstances will be
appropriate, harmonious and desirable uses in the district but that
possess such special characteristics that each use should be considered
as an individual case.
Application for a special use shall be submitted
in writing to the Zoning Enforcement Officer, shall be accompanied
by an application for certificate of zoning compliance and shall also
be accompanied by the following:
A.
Statement of use: a written statement describing the proposed use in sufficient detail to determine compliance with the use provisions of these Regulations and the performance standards of Article XVII; eight copies shall be submitted.
B.
Site plan: a site plan, drawn to a scale of not less
than 100 feet to the inch, showing all of the following information,
both existing and proposed, as applicable to the particular application:
property lines and lines delimiting the land to be used under the
application; contours or ground elevations; buildings, structures,
signs and outdoor illumination facilities; streets, driveways and
off-street parking and loading spaces, water courses, storm drainage
and sewage disposal and water supply facilities; and landscaping (including
trees and/or shrubs, lawn, other landscape features and natural terrain
not to be disturbed). The site plan shall be prepared by a professional
engineer or architect licensed to practice in the State of Connecticut;
eight copies shall be submitted. Upon completion of construction and
before a certificate of zoning compliance shall be issued, an "as
built" site plan, meeting the requirements of this paragraph, shall
be submitted to the Zoning Enforcement Officer.
C.
Architectural plans: architectural plans of all proposed
buildings, structures and signs, which plans may be in preliminary
form but shall include exterior elevation drawings, generalized floor
plans and perspective drawings, prepared, except for signs, by an
architect or professional engineer or architect licensed to practice
in the State of Connecticut; eight copies shall be submitted.
D.
Soil erosion and sediment control plan: A soil erosion and sediment control plan in accordance with the provisions of Article XXI; eight copies shall be submitted.
E.
Other: The Commission, upon written request by the applicant, may by resolution waive the required submission of all or part of the information required under § 383-133B and C if the Commission finds that the information is not necessary in order to decide on the application. The Commission may also request the submission of such additional information that it deems necessary in order to decide on the application.
Upon receipt, the Zoning Enforcement Officer
shall transmit the application for a special use and accompanying
maps, plans and documents to the Commission. In acting on any application,
the Commission shall hold a public hearing, shall decide thereon and
shall give notice of its decision as required by law.
A.
In approving an application for a special use or approving it subject to modifications, the Commission shall make a finding that all applicable requirements of this section have been met in addition to other requirements applicable in the district in which the special use is to be located and that the special use will be in harmony with the general purpose and intent of these Regulations. The grounds for disapproval of an application shall be stated by the Commission in its records. Approval of an application under this section shall constitute approval conditioned upon completion of the proposed development, in accordance with plans as approved, within a period of four years after approval is given, or such lesser period as may be determined by the Commission. Approval of the application shall become null and void in the event of failure to complete the proposed development within such prescribed period. One extension of such period for an additional period not to exceed one year may be granted by the Commission after public hearing for good cause. All special uses may be approved subject to appropriate conditions, restrictions and safeguards imposed by the Commission as necessary to conserve the public health, safety, convenience, welfare and property values in the neighborhood and to meet the considerations and standards set forth in this Article XIV.
In addition to general and special standards
for particular uses that are hereinafter specified, the Commission
shall consider the following before acting on any special use application:
A.
The size and intensity of the proposed use, and the
size of the lot on which it is to be located;
B.
The effect of the proposed use on any adopted Comprehensive
Plan of Development for the town;
C.
The capacity of adjacent and feeder streets to accommodate
peak traffic loads, and any traffic hazards that may be created by
the use;
D.
The effect upon property values and appearance in
the neighborhood, taking into account the topography of the lot and
the character, location and height of proposed buildings and structures
and the site plan and proposed landscaping;
E.
The number, location and arrangement of off-street
parking and loading spaces and the vehicular access to the lot;
F.
Fire and police protection needs;
G.
Water supply, sewage disposal facilities and drainage
and erosion problems; and
H.
The arrangement, design and nature of any buildings
and structures.
The following general standards shall apply
to all special uses in addition to any special standards for particular
uses that may be hereinafter specified:
A.
Access: Provision shall be made for vehicular access
to the lot in such a manner as to avoid undue hazards to traffic and
undue traffic congestion on any street.
B.
Neighborhood: The site plan and architectural plans
shall be of a character as to harmonize with the neighborhood, to
accomplish a transition in character between areas of unlike character,
to protect property values and to preserve and enhance the appearance
and beauty of the community and to preserve and protect the natural
features of the site when feasible.
C.
Plan of development: The site plan and architectural
plans shall be in conformance with the purpose and intent of the Comprehensive
Plan of Development adopted by the Commission for the area in which
the special use is to be located, and the site plan shall provide
for appropriate continuation and improvement of streets terminating
at the lot where the use is to be located.
[Added 6-21-2011]
Development in the Office Park (OP) District shall conform to
the following additional standards:
A.
Parking: No surface parking areas shall extend within less than 50
feet of any property line and shall be screened from view from any
street right-of-way line or property line by fences, walls and/or
closely planted evergreens, trees, hedges or shrubs to a height of
four feet at time of planting. Within each surface parking lot there
shall be evenly distributed landscaped areas containing a minimum
of one shade tree and other low planting for every 10 parking spaces.
B.
Loading: No part of the area required for building setback from street
right-of-way line or property line shall be used for off-street loading.
Any off-street loading space, including any truck loading bay, ramp
or dock, which is located within 200 feet of any street right-of way
line shall be screened from view from such street by buildings and/or
fences, walls, or evergreen shrubs or trees to a height of eight feet
at time of planting.
C.
Landscaping: The entire area of the lot not used for buildings, driveways
and off-street parking and loading shall be suitably landscaped with
trees and/or shrubs and with lawns or shall be left as undisturbed
natural terrain. Along and adjacent to a Residence District boundary
line, a strip of land not less than 50 feet in width shall either
be left in its natural state if already wooded or shall be landscaped
with evergreen trees at least eight feet in height at the time of
planting.
D.
Exterior lighting: Exterior illumination shall be provided as necessary for the safety lighting of parking areas, drives, walkways and buildings. No offensive glare from lighting shall be transmitted so as to endanger the public health and safety nor shall it be transmitted into or within any Residence District so as to impair the value and enjoyment of any lot therein and subject to the standards of § 383-123.1.
E.
All rooftop and mechanical equipment shall be screened from view.
F.
Erosion, sedimentation and water quality measures shall be implemented
to adequately protect all wetland areas from contamination and degradation.
G.
Buildings shall be designed so each outer facade has an architectural
finish. Concrete block walls shall not be visible. Buildings should
be designed or articulated to reduce apparent mass, avoid large monolithic
box-like shapes and blend into the natural topography and environment.
H.
Building and pavement coverage: The total ground coverage of all
structures, paved parking and loading areas and drives shall aggregate
to no more than 30% of the lot area.
I.
In recognition of the limited available areas for office development:
[Amended 6-4-2013]
(1)
The provisions of § 383-170.1C(l) and § 383-170.1C(2) of the Regulation of Steep Slopes shall not apply to the Office Park District, provided proposed development shall none/the/less be designed to maximize structural safety and slope stability within the context of the existing topography.
(2)
The Commission, in connection with the approval of a site plan in the OP District under Article XIII of these Regulations, may waive any portion of the requirements in § 383-138A for setbacks, screening and/or landscaped areas pertaining to surface parking areas, § 383-123E concerning landscaped planted islands for off-street parking areas, if the Commission determines that all of the following conditions are met:
(a)
The lot borders Town-owned property or permanently reserved
open space where the setback is requested to be waived;
(b)
The lot possesses natural resources such as wetlands, steep
slopes, rock outcroppings and forestation that will be preserved by
granting the requested waiver; and
(c)
The proposed site plan provides sufficient screening, buffering
and landscaping to protect adjoining properties, through preserved
natural forestation and/or planted landscaping.
(d)
A minimum fifty-foot setback with a landscaped buffer shall
be maintained from all non-Town owned residential land.
[1]
Editor's Note: Former § 383-138, Special standards
for office buildings in Office Park District, was repealed 6-15-2010.
As provided for in § 383-27H, shall conform to the following additional standards:
A.
Land area: The use shall be contained within one parcel
of land having a minimum area of 20 acres.
B.
Setback: No building or other accessory structure shall extend within less than 150 feet of the right-of-way line of a street or other property line, except for certain signs as permitted in Article XIX. No rings, jumps, or other active use areas other than riding trails shall extend within less than 50 feet of the right-of-way line of a street or other property line.
C.
Parking:
(1)
No parking areas, including horse van and horse trailer
parking areas, shall extend within less than 50 feet of any property
line or street right-of-way line. All horse vans and horse trailers,
other than those associated with a scheduled equestrian event, shall
be parked or stored only in an enclosed building or other area completely
screened from view from any adjacent property.
(2)
Sufficient off-street parking facilities shall be
provided to accommodate all users and visitors to the property including
spectators for horse shows or similar events. The roads for entering
and leaving the property shall not be located to create pedestrian
or vehicular traffic hazard on a public road or highway.
D.
Health:
(1)
Stable manure must not create a health hazard from
the air and water pollution standpoint to the community in general.
The stabling or horses shall conform to all regulations of local and
state Health Authorities.
(2)
Toilet facilities shall be provided for in accordance
with local health requirements for normal operations as well as for
horse shows and similar events.
A single-family dwelling unit may be converted to allow the incorporation of one additional dwelling unit in any Residence District subject to special permit and site plan approval in accordance with Article XIV, herein, and the following conditions: For the purposes of this section the term "incorporation" shall mean either completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch; and shall be contained within one building. All means of ingress and egress from the front of the structure must be limited to existing doorways.
A.
Qualifications: No single-family dwelling shall qualify
under these Regulations unless it is located on a lot having a minimum
area of 30,000 square feet, and unless such unit shall have been on
the Assessor's list as of October 1, 2008.
[Amended 5-5-2009]
B.
Occupancy: The dwelling in question shall be owner-occupied
during the duration of the special permit.
C.
Elderly: At least one dwelling unit shall be occupied
by a person 55 years of age or older.
D.
Signatures: All applications for a special permit
under these Regulations shall contain the signature(s) of the owner(s).
E.
Floor area: Each dwelling unit created shall contain
not more than 900 square feet of floor area.
[Amended effective 11-19-2002]
F.
Certificate: Prior to the issuance of a special permit,
a certificate in the form of an affidavit to certify that the owner
is in residence and that one of the occupants of the particular dwelling
unit is elderly shall be presented to the Commission. Thereafter,
the applicant shall submit such notarized affidavit to the Zoning
Enforcement Officer by January 31st of each year as a requirement
for the continuance of the special permit.
[Amended 4-21-2009; 6-7-2022]
Drive-through service windows and bank automated teller machines in Local Shopping Center (LSC), Commercial C-1, Commercial C-2 Districts and community travel centers in Light Industrial District #2 LI-2 as provided for in §§ 383-34A, 383-42A, 383-50A and 383-66G shall conform to the following additional standards:
A.
Provisions
for safe pedestrian ingress and egress to and from the structure shall
be made and restricted to specified areas. They shall be located to
insure sufficient visibility to maximize pedestrian and vehicular
safety.
B.
Crosswalks
shall be provided to service pedestrians crossing the drive-through
service window access driveway. All required sidewalks must have railings
to channel pedestrian traffic to and from the building and to the
crosswalks.
C.
The drive-through
service access driveway shall be designed and have a large enough
vehicular holding capacity so as to avoid interior and exterior traffic
and pedestrian hazards.
D.
Information
regarding the time and manner in which deliveries will be made to
the structure must be submitted in sufficient detail so that it can
be determined that no disruption of vehicular or pedestrian traffic
will occur.
E.
Provisions
for adequate on-site litter control must he made and documented.
F.
The minimum
clearance height of the structure relative to vehicles using the drive-through
window shall be nine feet.
G.
All the regulations as set forth in Article XIII, Site Plans, must be met prior to the approval of the application for special use.
H.
Drive-through
automated teller machines shall be subordinate and accessory to a
primary permitted use within the zone containing not less than 40,000
square feet of floor area and shall be located on a lot which is not
less than 50,000 square feet.
I.
The provisions
of Subparagraph B and E shall not apply to a freestanding drive-through
automated teller machine not incidental to a bank or banking facility.
J.
Drive-through
automated teller machines shall be owned or leased and operated by
a state or nationally chartered banking institution operating a full-service
branch banking facility, operation center or loan production office
within the Town of Orange.
K.
Automatic
teller machines shall provide adequate security lighting.
The public sale and/or processing of produce,
nursery and greenhouse stock and other agricultural products of a
farm, nursery, truck garden or forestry use shall conform to the following
additional standards:
A.
The public sale and/or processing shall be located
on land that is part of the farm, nursery, truck garden or forestry
use, and the area and facilities and intensity of activity for such
sale and/or processing shall be incidental to the permitted principal
farm, nursery, truck garden or forestry use.
B.
The range of agricultural products for public sale
and/or processing shall consist primarily of products of the operator
of a farm, nursery, truck garden or forestry use where such sale and/or
processing is located but may include additional agricultural products
when the total annual product to be sold or processed does not exceed
the total product of the operation of a farm, nursery, truck garden
or forestry use where such sale and/or processing is located.
C.
The areas and facilities used for the public sale
and/or processing of such agricultural products shall not extend within
less than 50 feet of a street line or property line, which setback
requirement, however, is not applicable to live nursery stock on or
in the ground.
D.
Under the provisions of §§ 383-171 and 383-172B(19), sufficient off-street parking spaces shall be provided to accommodate the motor vehicles of all persons using or visiting the public sale and/or processing activity at any one time. Should the number of off-street parking spaces be insufficient to accommodate the motor vehicles of all persons using or visiting such sale and/or processing activity on any five consecutive days or any day in each of three consecutive weeks, either application shall be made for a revised special use to provide sufficient spaces or, on written notice of violation given by the Zoning Enforcement Officer, the public sale and/or processing activity shall be discontinued.
E.
The application for a special use for lawfully existing public sale and/or processing under § 383-27A registers the extent and nature of the existing use. The application may include request for approval of change in the existing extent and nature of the use and/or change in site development. Lawfully existing nonconformities, if any, in the existing use may be continued under the special use, provided however, that the Commission may require modification of the driveway access from the street, off-street parking and signs to conform to these Regulations.
Convenience marts, gasoline pumps and/or the sale of gasoline in the Commercial C-1 District as provided for in § 383-42C shall conform to the following additional standards:
A.
Gasoline pumps and/or the sale of gasoline shall be
permitted, provided that the pump for the retail selling of gasoline
on any lot is located a minimum of 2,500 feet from any other lot where
the retail sales of gasoline occurs, regardless of the district or
Town in which such other lot may be located. The 2,500 feet shall
be the straight horizontal distance from the property line of the
lot where gasoline sales is proposed to the property line of any lot
where gasoline sales exists.
B.
Gasoline pumps and/or the sales of gasoline shall
be permitted only in conjunction with the use of the premises as a
motor vehicle service station and/or motor vehicle repair garage and/or
a retail convenient mart with less than 5,000 square feet of gross
floor area. No site containing more than 5,000 square feet of gross
floor area for retail sales shall be permitted to have gasoline pumps
and/or to sell gasoline.
[Amended 3-19-2019]
C.
Convenience marts are defined as retail establishments
which do not exceed 2,800 square feet in gross floor area, and are
located on a site where the sales of gasoline occurs. Sales items
may include dry goods, dairy products, food items, and prepared foods,
limited to Class 1 and Class 2 Food Service, as defined by the Public
Health Code; and miscellaneous sundries.
D.
All gasoline pumps must be serviced by an overhead
canopy. The canopy must comply with all building setbacks of the Orange
Zoning Regulations.
E.
All gasoline pumps and pumping areas shall meet the
design and safety standards of the Orange Building Department and
Fire Marshal's office.
F.
The location of gasoline pumps shall be designed so
as to isolate vehicles being fueled, from vehicles entering and exiting
the site, and from on-site pedestrian traffic.
G.
The Commission shall consider the size, intensity,
and appropriateness of the proposed uses and the size of the lot on
which it is to be located.
[Added 7-6-2004]
Gasoline pumps and/or the sale of gasoline as an accessory use in the Commercial C-2 District as provided for in § 383-50 shall conform to the following additional standards:
A.
The gasoline pumps must be located on the same lot
and be operated by the same ownership as the retail use. The gasoline
pumps and/or the sale of gasoline shall be permitted, provided that
the pump for the retail sales of gasoline on any lot is located a
minimum of 2,500 feet from any other lot where the retail sales of
gasoline occurs, within the Town of Orange. The 2,500 feet shall be
the straight horizontal distance from the property line of the lot
where gasoline sales is proposed to the property line of any lot where
gasoline sales exists.
B.
The access to the pumps must not be located on a public
street and must be accessed by means of the curb cuts which serve
the retail use.
C.
All gasoline pumps must be serviced by an overhead
canopy. The canopy must comply with all building setbacks of the Orange
Zoning Regulations.
D.
All gasoline pumps and pumping areas shall meet the
design and safety standards of the Orange Building Department and
Fire Marshal's office.
E.
The location of gasoline pumps shall be designed so
as to isolate vehicles being fueled, from vehicles entering and exiting
the site, and from on-site pedestrian traffic.
F.
The Commission shall consider the size, intensity,
and appropriateness of the proposed uses and the size of the lot on
which it is to be located.
[Added 11-6-2006]
As provided for in § 383-66E, indoor recreational facilities in Light Industrial District #2 shall conform to the following additional standards:
A.
Outside activities: There shall be no outside recreational
activities of any kind.
B.
Size: No area utilized as an indoor recreational facility
shall occupy less than 10,000 square feet or more than 30,000 square
feet of building space.
C.
Accessory uses: In addition to customary and accessory
uses, the principal use may include the retail sale of sporting equipment
limited to items directly related to the athletic activities conducted
in the indoor recreational facility, provided that the area of retail
uses not exceed 1% of the total floor area.
D.
Each indoor recreational facility within a Light Industrial
District #2 shall be located a minimum of one-half mile from other
indoor recreational facilities, unless the Commission determines that
such separation is not necessary to avoid an undue concentration of
indoor recreational facilities.
[Added 9-18-2007; amended 7-19-2011]
The development of age restricted, private residential dwellings as provided for in § 383-27, Special uses, shall conform to the following additional standards:
A.
Occupancy: An AAC is developed to provide a variety of housing opportunities
for individuals and family units where at least one member of the
family is aged 55 or older in accordance with Federal Fair Housing
Statutes and Guidelines. Occupancy is subject to the following conditions
and exceptions:
(1)
A single household member may also be under age 55 if he/she
is the surviving spouse of a previously qualifying occupant.
(2)
A single household member may also be under age 55 if he/she
is a divorcee of a previously qualifying occupant.
(3)
A household member may also be under age 55 if he/she is the
nonspousal primary caregiver to a qualifying occupant.
(4)
No children under the age of 21 years shall be permitted to
reside in any dwelling, except by hardship exception granted by the
Board of Directors or other governing body of the community. Such
hardship exception shall be granted only for children of an existing
occupant, provided that visitor occupants of any ages shall be permitted
to visit for up to four weeks of any calendar year. The restrictive
language in the governing documents and in the restrictive covenant
shall be approved by the town counsel and shall not be subject to
revocation. In the event the Board of Directors or other governing
body of the "housing facility community" shall grant a hardship exception,
a copy of the application for the exception and of the Board's decision
thereon shall be forwarded to the Orange Planning and Zoning Commission
within 30 days after such decision is made.
(5)
The Community Board/Association of the AAC shall be vested with
the powers set forth in the declaration documents and further have
the power and authority to enforce the rules and regulations contained
herein as well as grant temporary exceptions as circumstances may
warrant.
B.
Site size: The parcel size and project development area for an AAC
shall contain a gross measurement of no less than 35 acres, and no
larger than 50 acres.
C.
Street location: The AAC site must have a minimum of unbroken frontage,
except for driveways, of 1,475 feet on City Route 121 (Grassy Hill
Road) and a minimum of unbroken frontage, except for driveways, of
1,775 feet on City Route 34 (Derby Turnpike).
D.
Sanitary sewers and public water: The AAC site will only be considered
if the proposed dwellings will be connected to public sanitary sewers
and if the proposed dwellings will be connected to public drinking
water system.
F.
Development limitations: In order to allow for the orderly provision
of municipal services and so as to not overburden the infrastructure
capacity of the town, the maximum number of dwelling units to be approved
on any site is limited by;
G.
Height, area and bulk standards:
(1)
No building shall exceed an average height of 35 feet, or 2 1/2
stories.
(2)
Impervious site coverage shall not exceed 60% of the project
area (gross area, less existing, naturally formed wetlands).
(3)
Maximum building coverage shall not exceed 15% of the project
area (gross area, less existing, naturally formed wetlands).
(4)
Maximum building floor area ratio (F.A.R.) shall not exceed
0.30 (or 30%) of the project area (gross area, less existing, naturally
formed wetlands).
H.
Buffers and setbacks:
(1)
Except as provided for herein, all residential buildings, garages,
community service facilities and accessory uses shall meet a minimum
building setback of 50 feet from all property lines.
(2)
All residential buildings, garages, community service facilities
and accessory uses, when abutting a residential adjoiner with existing
homes, shall meet a setback of 75 feet, with a thirty-five-foot landscaped
buffer. This landscape buffer may be a naturalized mix of evergreen
and deciduous trees and shrubs.
(3)
Gates, guardhouses and similar type structures may be constructed
within 30 feet of any street line and 15 feet from any other property
line.
I.
Parking and site circulation standards: Except as otherwise delineate in this section, parking space design and arrangement shall meet the criteria of §§ 383-177 through 383-183, inclusive.
(1)
Parking shall be provided at a rate of 2.0 spaces per dwelling
unit. Garage spaces, dedicated driveway spaces measuring a minimum
8.5 feet by 18 feet and surface parking spaces measuring a minimum
of nine feet by 18 feet may be utilized for the purpose of meeting
this requirement.
(2)
Vehicle circulation shall be provided in any number or combination
of the following private roads and/or drives:
(a)
Internal roads: Internal roads are primary vehicular corridors,
which collect driveways/alleyways/mews and outlet onto public roads.
These must be paved to a minimum width of 20 feet for two-way traffic,
or 18 feet for one-way traffic.
(b)
Private drives or mews: Private drives or mews are semi-private
service driveways or alley-like drives which serve three or more homes/garages
and/or community facilities and must be paved to a minimum width of
15 feet with two outlets, or 16 feet when having only one outlet,
or 18 feet when serving a community facility.
(c)
Driveways: Driveways serving two or less homes must be paved
a minimum of 12 feet in width.
(3)
On-street visitor parking may be accommodated when limited to
one side of any internal road with two-way traffic, having a width
of 26 feet or more, or on any one-way road having a width of 20 feet
or more.
(4)
Community facility parking shall be suitably located to minimize
traffic interior to the development. It shall be provided at a minimum
rate of 3.1 spaces per 1,000 square feet of gross building area exclusive
of basements. In addition parking for any supporting community recreation
facilities shall be as determined by the Town Plan and Zoning Commission,
based upon accepted industry standards and the judgment of the Town
Plan and Zoning Commission.
(5)
The AAC shall be designed as a walkable community with a strong
interior pedestrian plan. A system of concrete sidewalks shall be
incorporated in the plan.
J.
Building standards:
(1)
An AAC shall contain a mix of housing types and sizes with an
emphasis placed on exterior variations in facade design, materials
and colors. A mix of one- , two- and three-bedroom dwellings may be
incorporated. A minimum of 67% of the dwellings shall consist of one-
and/or two-bedroom units. Living areas shall contain a minimum of
800 square feet and a maximum of 4,000 square feet of conditioned
space. Nonconditioned space such as garages, basements, attics, patios
and terraces shall not be included in these calculations.
(2)
There shall be a minimum distance of 20 feet between adjacent
buildings containing residential dwellings for a minimum distance
of 25 feet from the nearest internal road curb line exclusive of overhangs,
eaves, cornices or similar architectural projections, stoops, landings,
steps, decks, porches, chimneys. The minimum separating distances
between living spaces at any other point between adjacent living areas
shall be eight feet exclusive of overhangs, eaves, cornices or similar
architectural projections, stoops, landings, steps, decks, porches,
chimneys.
(3)
Garages with no living space above may be attached to dwellings
or separated from dwellings a minimum of six feet. Garages with living
space above shall be considered part of the dwelling unit itself for
setback purposes.
(4)
Detached and attached residential buildings must be set back
from the edge of the curb line of the internal roads a minimum of
12 feet, exclusive of overhangs, eaves, cornices or similar architectural
projections, stoops, landings, steps, porches, chimneys and must be
set back from the edge of the curb line of the private drive/mews
serving more than one home a minimum of five feet exclusive of stoops,
landings, steps, chimneys, overhangs, eaves, cornices or similar architectural
projections.
(5)
Garages must be set back from the edge of the curb line of the
internal roads a minimum of 18 feet exclusive of overhangs, eaves,
cornices or similar architectural projections except where there is
a sidewalk or other pedestrian path as designated in the approved
site plan, in which case the garage shall be a minimum setback from
the edge of the sidewalk or pedestrian path 18 feet from the edge
of the sidewalk or path furthest from internal roads. Garages must
be set back from the edge of the curb line of the private drives/mews
serving more than one home a minimum of five feet exclusive of overhangs,
eaves, cornices or similar architectural projections.
(6)
No more than three dwellings shall be contained in any single
building.
(7)
All utilities shall be underground.
(8)
The longest side of a residential building shall not exceed
60 feet without a change in fenestration and the maximum length of
any building shall be 145 feet.
(9)
All buildings shall conform to a consistent architectural theme
that creates a village like environment, as approved by the Commission.
K.
Landscaping, open space and lighting.
L.
In order to assure the high-quality visual aesthetic, and long-term compatibility with neighbors, a master landscape plan, along with a detailed landscape plan, shall be provided, prepared by a Connecticut-licensed landscape architect. All lighting shall meet the requirement of § 383-123.1 of these regulations, except as delineated in this section.
(1)
Existing mature vegetation on the site shall be retained in
areas not disturbed by construction. In areas disturbed by construction
or in areas sparsely vegetated, new plantings shall be provided in
accordance with the master landscape plan.
(2)
Internal roads shall be planted with street trees, minimum 2 1/2
inches to three inches caliper, approximately 50 feet on center.
(3)
Surface parking areas shall contain interior island and/or perimeter
tree plantings at the rate of one tree (2 1/2 inches to three
inches caliper for deciduous and six feet to eight feet in height
for evergreen) for every six parking spaces proposed.
(4)
Typical foundation plantings shall be shown on the provided
detail landscape plan.
(5)
Excluding required buffers; space in the form of undeveloped
natural areas, created wetlands and landscaped areas shall be provided
at the rate of 400 square feet per dwelling.
(6)
Additionally, recreational and community amenities, including
community buildings with associated infrastructure such as parking
areas and driveways shall be provided at the rate of an additional
400 square feet per dwelling.
(7)
While required open space may be multisegmented, it must include
at least one contiguous segment, containing at least 50% of the required
area with a dimension no less than 65 feet.
(8)
General roadway and parking lighting shall employ decorative
light poles and fixtures with a maximum height of 20 feet for all
areas with pedestrian orientation.
(9)
Larger parking areas may use generic nondecorative poles and
fixtures.
M.
Trash removal: With the exception of community amenities, and attached
dwellings lacking garages, trash collection points shall be designated
at the driveway of each individual dwelling. Standardized trash containers
shall be provided to each unit owner, and be stored in garages or,
if applicable, a designated, suitably enclosed area.
N.
Fire suppression:
(1)
All units shall be equipped with domestic fire suppression systems,
such as sprinklers that, in the opinion of the fire marshal, shall
be adequate to protect the structures, and the safety and welfare
of all inhabitants.
(2)
The water system within the development shall deliver adequate
water pressure to provide safe and efficient fire protection, in the
opinion of the fire marshal.
O.
Construction of improvements:
(1)
The Commission may require a performance bond to guarantee the completion of all physical improvements required by the approved plans and regulations, in accordance with § 383-11.1, including but not limited to:
(a)
The installation and completion of measures and facilities required
under drainage and soil and erosion control plan;
(b)
The cost of all community improvements and restorations, including
but not limited to roadway, curbing, driveway aprons, sidewalks, street
lighting, catch basins, water and sanitary sewer lines and facilities,
storm drainage facilities, easements and channels, public road restoration
upon completion of subdivision, landscaping, and recreational facilities;
(c)
The cost to achieve restoration of the site in the event of
expiration of approval of the plan prior to the completion of community
improvements.
(d)
All other items required by the Zoning regulations, whether
listed in the bond estimate or not.
(2)
The Commission may permit development to occur in phases, in which it may permit a performance bond for the completion of all items indicated in Subsection N(1) for each individual phase. The Commission may restrict the issuance of building permits for a phase until improvements are installed or a bond for the improvements for each phase is in place.
(3)
The Commission may, in conjunction with or instead of a performance
bond for a specific improvement, require that such improvement be
installed in accordance with a time table governed by the issuance
of building permits for dwellings.
A.
Outdoor seating shall only be allowed by special permit as an incidental
use to an established cigar store, cigar lounge and/or cigar bar,
provided that such use is not within 1,500 feet from a public or private
primary, professional, proprietary or technical school, day-care facility,
and/or public park or within 300 feet of a restaurant, coffee house,
or other food service business with an existing outdoor seating area.
B.
No outdoor seating shall be established on any property until an
application has been made and reviewed by the Plan and Zoning Commission.
The application shall include a detailed site plan, lighting plan,
and permission from the property owner and/or management company.
The site plan must be reviewed by public safety officials, including
the fire department, police department, Town Sanitarian, and WPCA
Administrator. Written approval and comments from these departments
must be obtained prior to submitting the application. The site plan
must also show the number and location of all tables and seats that
will be provided. If outdoor dining/seating is proposed on a common
area of a shopping center, adjoining businesses must be notified of
the application. An annual renewal of the permit will be required,
and unless changes from the original site plan have been made, this
review will be done by the Zoning Enforcement Officer of the Town
of Orange.
C.
Approved outdoor dining/seating will be allowed from year-round.
D.
Outdoor seating shall not obstruct any entries, exits, permitted
signs, or utilities. A minimum five-foot clear walkway must be maintained
between the dining/seating area and any exits or entries.
E.
The outdoor seating area must be kept clear of litter and maintained
in a safe and sanitary condition.
F.
Outdoor patron seating area must be protected from vehicular traffic.
G.
Outdoor tables, umbrellas and other fixtures must be secured or weighted
to protect from movement during high wind conditions.
H.
Outdoor patron seating area must be separated from the nearest residence
by a minimum of 150 feet. Additional buffer devices may be required.
These designs shall consist of plantings and/or walls to further shield
adjacent properties from extraneous light and noise.
I.
Food and/or drink preparation and/or storage are prohibited from
outdoor seating areas.
J.
Parking requirements for the outdoor patron seating area is eight
parking spaces per 1,000 square feet. An applicant may request a waiver
of this provision if sufficient evidence can be provided that additional
parking is not needed for patron parking, and parking required for
other establishments on the same parcel.
K.
Outdoor area is intended for seated patrons. The total number of
patrons in the outdoor seating area shall not exceed 10% for any restaurant,
coffee house, or other food service business or 15% for any cigar
store, cigar lounge and/or cigar bar above the number of seats approved
by the Plan and Zoning Commission.
L.
Violations of any of the conditions of the special use may result
in revocation of the special permit use.
[1]
Editor's Note: This resolution provided an effective date
of 6-8-2021.
[Added 11-16-2010]
As provided for in § 383-42G and § 383-50H, carhop restaurant service in the Commercial C-1 and Commercial C-2 Districts shall conform to the following additional standards:
A.
Parking areas designated for carhop restaurant service shall not
have direct access to any public road.
B.
Designated carhop service areas must be separated from other parking
areas by curbing or an island. The design of the carhop service area
must maximize pedestrian and vehicular safety.
C.
Lighting must be provided in the carhop service area at a level sufficient to provide adequate vehicular and pedestrian safety. Provided lighting must be in compliance with § 383-123.1, Lighting.
D.
In order to protect public safety and traffic circulation the applicant
must demonstrate that sufficient area is provided for the queueing
and/or stacking of vehicles in addition to the required parking.
E.
The carhop service area must be separated from the nearest residence
by a minimum of 150 feet. Additional buffer devices may be required.
These designs shall consist of plantings and/or walls to further shield
adjacent properties from extraneous light and noise.
[Added 2-5-2019]
Farm wineries shall conform to the following standards:
A.
Minimum lot area: Ten acres of which not less than 50% of the lot
area shall be dedicated to cultivation of grapes.
B.
Minimum setback: Any building, sales area, and manufacturing/processing
area shall be 50 feet from street line and any property line and adequately
buffered from the view of any adjoining residential use.
C.
The range of wine/wine products for public sale and/or processing
shall be derived primarily from fruit grown on the farm winery premises
by the operator of a farm winery use. The operator of a farm winery
may also import fruit in a quantity not to exceed 50% of the quantity
of fruit grown on the farm winery premises to use in the processing
of wine and wine products.
D.
In addition to facilities for manufacturing, storage, and sales,
farm wineries may include (1) tasting room, including serving and
bar areas, of not more than a total of 1,500 square feet, to be used
for the retail and wholesale sale of wine by the glass and bottle
together with the appurtenant sale of farm winery related products;
and (2) offices to be used only in conjunction with the operation
and business of the farm winery. No kitchen area shall be permitted
in support of food service for wine tasting activities.
E.
No building dedicated to a farm winery's storage, sale or processing
activities may be inhabited.
F.
Hours of operation of the farm winery tasting room and for any special event permitted under Subsection G below, shall be limited to 11:00 a.m. to 6 p.m. Sunday through Thursday and 11:00 a.m. to 7:00 p.m. Friday and Saturday.
G.
One special event shall be permitted each calendar month provided
no more than four of such events shall be held in any calendar year,
and such events shall be located entirely within the tasting room
as shown on the approved site plan. Food service trucks shall not
be allowed on the farm winery property for special events or for any
wine tasting activity. Additional events shall require temporary special
permit approval from the Plan and Zoning Commission.
H.
Farm wineries shall have one parking space for each of the maximum number of employees required at any one time for planting, maintaining and harvesting the vineyard and the production, manufacture, bottling and business operation of the vineyard. Any tasting room shall have parking as required for restaurants or other food service establishments and retail sales area as required for retail area in § 383-174. Driveway width for farm wineries may be nine feet for one-way traffic and 18 feet for two-way traffic at all parking angles.
[Added 6-7-2022]
A.
Landscaping. The entire area of the lot not used for buildings, driveways
and off-street parking and loading shall be suitably landscaped with
trees and/or shrubs and with lawns or shall be left as undisturbed
natural terrain. Along and adjacent to a Residence District boundary
line, a strip of land not less than 50 feet in width shall either
be left in its natural state if already wooded or shall be landscaped
with evergreen trees at least eight feet in height at the time of
planting.
B.
Buildings shall be designed so each outer facade has an architectural
finish. Concrete block walls shall not be visible. Buildings should
be designed or articulated to reduce apparent mass, avoid large monolithic
box-like shapes and blend into the natural topography and environment.
C.
Unless otherwise approved by the Commission, architectural styles
found in and around the area and elsewhere in New England shall be
used and shall include decorative details on the exterior of the building
that are appropriate to the architectural style being emulated.
D.
Additional front yard buffer requirements shall consist of natural
stone walls limited to four feet in height to screen the proposed
development (except to provide for necessary access drives).
[Added 9-20-2022]
In order to balance the various interests and manage the effects cannabis establishments have on adjacent land uses and to promote the public health, safety, and general welfare of the Town, the Commission adopts the following special standards, recognizing that it has a great interest in the present and future character of the Town's commercial zones. As provided for in § 383-42H, cannabis establishments in the C-1 Zone shall conform to the following standards:
A.
Definitions. The definitions contained in SB 1201, § 1,
as the same may be amended from time to time, are incorporated herein
by reference as if fully restated herein.
B.
Operating regulations.
(1)
A cannabis establishment shall be located only in a fixed permanent
location within a fully enclosed building and not within any mobile
vehicle or facility.
(2)
No products sold by a cannabis establishment shall be visible
from the exterior of the building.
(3)
No outside storage shall be permitted on a site where a cannabis
establishment is located.
(4)
Cannabis establishments unlicensed by the Connecticut Department
of Consumer Protection are prohibited from being located or operating
in any zoning district.
(5)
All activities related to a cannabis establishment shall be
conducted within the building, except as otherwise authorized by SB
1201.
C.
Location.
(1)
No cannabis establishment may be located or operate within 1,000
feet of a place of worship or school, whether public or parochial,
existing before the date of the cannabis establishment application,
or in a building which contains a residence or a mixed-use building
with commercial and residential uses.
(2)
A cannabis establishment lawfully operating in conformity with
the Zoning Regulations does not violate this section if a place of
worship or school, whether public or parochial, subsequently locates
within 1,000 feet of the cannabis establishment.
(3)
For purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a cannabis establishment to the nearest point on the property containing a use listed in § 383-143.8B.
D.
Hours of operation. The days and hours of operation of a cannabis
establishment shall be the same as those established for the sale
of alcoholic liquor established by Connecticut General Statutes § 30-91,
as the same may be amended from time to time.
E.
Access. A cannabis establishment is permitted to use and/or provide
drive-through dispensing services so long as this method of dispensing
is authorized by SB 1201.
F.
Signage. All signage shall conform to the requirements of Article XIX of the Zoning Regulations. The Commission may impose additional restrictions on signage as appropriate to mitigate any aesthetic impacts.
G.
Ventilation/odor. A cannabis establishment shall install odor control
technology, as necessary, in order to control ventilation at the establishment
in such a manner that no odor from marijuana cultivation, its processing
or the manufacturing of products, or any on-site use can be detected
by a person with an unimpaired and otherwise normal sense of smell,
to be determined by the Building Inspector or his designee, at any
adjoining property. The operator shall properly maintain all odor
mitigation equipment to ensure maximum efficiency.
H.
Security. The applicant shall submit a security plan to the Orange
Police Chief to demonstrate that there is limited burden on the Town
public safety officials as a result of the proposed cannabis establishment.
The security plan shall include all security measures for the site
and for transportation of cannabis and cannabis products to and from
off-site premises to ensure the safety of employees and the public
and to protect the premises from theft or other criminal activity.
A letter from the Police Chief acknowledging receipt and approval
of such a security plan shall be submitted as part of the application
and/or site plan review. A cannabis establishment shall provide adequate
security measures to ensure that no individual participant will pose
a direct threat to the health or safety of other individuals and that
the storage and location of cultivation of cannabis product is adequately
secured in enclosed, locked facilities. Safety plans should mitigate
any potential harm to the employees and the public, including ensuring
all customers and employees are at least 21 years of age.
I.
Application requirements. In addition to all other requirements for
special use applications, an application for a cannabis establishment
shall contain the following information:
(1)
Description of activities. A narrative providing information
about the type and scale of all activities that will take place on
the proposed site, including, but not limited to, cultivating and
processing of cannabis products, on-site sales, off-site deliveries,
distribution of education materials, and other programs or activities.
(2)
Context map. A map identifying the location of the proposed cannabis establishment and the locations of all public and parochial schools and places of worship with measured distances provided to demonstrate compliance with the standards of § 383-143.8C.
(3)
Site plan. A plan or plans depicting all existing and proposed
development on the property, including dimensions of buildings, the
detailed layout of automobile and bicycle parking, the location of
pedestrian, bicycle and vehicular points of access and egress, the
location and design of all loading, refuse and service facilities,
the location, type and direction of all outdoor lighting on the site,
and any landscape design.
(4)
Building elevations and signage. Architectural drawings of all
exterior facades and all proposed signage, specifying materials and
colors to be used. Perspective drawings and illustrations of the site
from public ways and abutting properties.
(5)
Traffic report. An analysis prepared by a qualified licensed
professional modeling the expected origin and frequency of customer
and employee trips to the site, the expected modes of transportation
used by clients and employees, and the frequency and scale of deliveries
to and from the site.
(6)
Logistics plan. A plan identifying the on-site or off-site locations,
whether deliveries will take place and a narrative describing how
deliveries to the site, loading and other service functions will be
conducted.
(7)
License or registration materials. Copies of any certification
or license issued by such state agency shall be prominently displayed
within the cannabis establishment.
J.
Special use criteria. In granting an application for a cannabis establishment
as a special use, in addition to the general considerations and standards
for special uses, the Commission shall find that the following criteria
are met:
(1)
The site is designed such that it provides convenient, safe
and secure access and egress for customers and employees arriving
to and leaving from the site using all modes of transportation, including
drivers, pedestrians, bicyclists and public transportation users.
(2)
On-site loading, refuse and service are designed to be secure
and shielded from abutting users.
(3)
The building and site have been designed to be compatible with
other buildings in the area and to mitigate any negative aesthetic
impacts that might result from required security measures and restrictions
on visibility into the building's interior.
(4)
Traffic generated by customer and employee trips and deliveries
to and from the cannabis establishment shall not create a substantial
adverse impact on other businesses and property owners in the vicinity.
K.
Limitations on cannabis establishments. Cannabis establishments must
maintain a separation distance of 5,000 feet from other cannabis establishments.
L.
Nuisance. A cannabis establishment shall be managed in a manner to
protect against nuisance conditions in parking areas, sidewalks, streets
and areas surrounding the premises and at adjacent properties. "Nuisance"
includes, but is not limited to, disturbances of the peace, open public
consumption of cannabis, pedestrian or vehicular queuing that results
in obstruction of sidewalks or public ways, littering, loitering,
illegal parking, loud or sustained noises, disturbing lighting or
citations for violations of state or local traffic laws and regulations.
M.
Compliance with laws. All cannabis establishments shall:
(1)
Be in compliance with SB 1201, as the same may be amended from
time to time. If the state adopts stricter regulation governing cannabis
establishments than that set forth herein, the stricter regulation
shall control the establishment or operation of any cannabis establishment
within the Town of Orange.
(2)
Remain in compliance with applicable state and local laws and
building codes (including, but not limited to, the prevailing building,
plumbing, electrical, mechanical, fuel gas, and fire code).
(3)
Maintain all required state licenses and/or registrations and
comply with all applicable state and local health regulations and
all other applicable laws, rules and regulations at all times.
N.
Validity. A special permit issued pursuant to the Zoning Regulations
shall be valid only for the licensed or registered entity to which
the special permit was issued, and only for the site on which the
cannabis establishment has been authorized by special permit.
O.
Severability. The provisions of this section are severable. If any
provision of this section or the application thereof to any person
or circumstance is held to be invalid, such invalidity shall not affect
other provisions or applications of this section which can be given
effect without the invalid provision or application.
P.
Effective date. This section shall become effective 15 days following
its publication in a newspaper having general circulation in the Town
of Orange.
[Added 6-20-2023]
Light industrial uses permitted in the Commercial C-1 District as provided for in § 383-42I shall conform to the following additional standards:
B.
Minimum setback: notwithstanding § 383-46A, any building for light industrial use shall be located a minimum of 250 feet from Boston Post Road.
C.
Height: notwithstanding § 383-45B, the maximum height of a building for light industrial use shall be 50 feet.
D.
Parking:
notwithstanding § 383-174H, parking for light industrial
uses in the Commercial C-1 District shall be provided at a rate of
one space per 1,500 square feet of gross floor area.
