ARTICLE V

SECTION 25.18 - SPECIAL EXCEPTIONS

A. General: In accordance with the procedures, standards and conditions hereinafter specified, the Commission may grant special exceptions for the establishment of one or more uses for which a Special Exception must be secured from the Commission as specified in Section 25.10 District Requirements and these regulations. All requirements of this Section are in addition to other requirements applicable in the district in which the special exception use is to be located.

B. Intent: Uses permitted after securing a special exception from 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 exception uses that may be permitted in a particular district are unusual uses that under favorable circumstances will be appropriate, harmonious and desirable uses in their districts but that possess such special characteristics that each use should be considered as an individual case. In authorizing the issuance of a special exception, the Commission shall take into consideration the public health, safety and welfare; and shall prescribe appropriate conditions and safeguards to insure the accomplishment of the following objectives:

1.) All proposed structures, equipment or material shall be readily accessible for fire, police and other emergency protection.

2.) The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the zone, the neighborhood and the city; and will not be detrimental to established properties in the area.

3.) The location and size of such use, the nature and intensity of operations involved in or conducted in connection with such use, its site layout, and its relation to access streets shall be such that both pedestrians and vehicular traffic to, from and in the vicinity of the use will not be hazardous, inconvenient or detrimental to the character of the zone or conflict with the traffic characteristics of the neighborhood.

4.) The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land or buildings or impair the value thereof.

5.) The architectural design and style of all buildings and other structures to be erected on the lot shall not conflict with the architectural design and style of adjacent properties.

The Commission may refuse to grant a Special Exception if it has reasonable cause to believe that the proximity of the proposed special exception use will have a detrimental effect upon any church, school, library, public playground or similar facility or use; and that the number of similar special exception uses in the vicinity is such that the granting of a new special exception is detrimental to the public health, safety and welfare.

*The terms “Special Permit” and “Special Exception” as used in Section 8.2 of the General Statutes of Connecticut, as amended, have the same meaning and can be used interchangeably.

C. PROCEDURE: An application for a Special Exception shall be made to the Commission and consist of:

1.) A completed general information form as prescribed by the Commission and the required application filing fee;

2.) Statement of Use: A written statement describing the proposed use in sufficient detail to determine the Compliance with the standards of these regulations. 10 copies shall be submitted.

3.) A Site Development Plan that is prepared in accordance with Section 25.17 of these Regulations; (10 copies)

4.) An erosion and sedimentation control plan, if the total land area to be disturbed exceeds one-half acre, prepared in accordance with Section 25.27 of these Regulations. (10 copies)

5.) Preliminary architectural renderings showing building(s) elevation, mechanical equipment to be mounted on the roof, exterior finish materials of the building, window treatment and schematic building floor plans depicting square footage calculations by use. The Commission may grant a waiver on any or all of these architectural requirements if deemed appropriate and will not impair the integrity of the Regulations;

6.) Each application for a Special Exception shall include a list, prepared by the applicant, of the names and mailing addresses of the owners of all land included within the application and all land within 500 feet, 200 feet for home occupations, or less distant therefrom. All names, addresses and properties shall be shown on the most recent records and maps on file in the City Assessor’s office. The applicant shall send certified mail notification of said pending application to at least one owner of each property not more than fifteen (15) days nor less than ten (10) days before the date of the Public Hearing, by transmitting the Public Hearing Notice as provided by the Commission.

Evidence of such mailing, in the form of certified return receipts issued by the United States Post Office, shall be submitted to the Commission or its designated agent(s) not less than five (5) calendar days prior to the hearing date. Failure to comply with any of the procedures herein shall be deemed valid basis for denial of the Special Exception Permit application; and

7.) Sewage and Refuse Disposal and Water Supply. Where applicable the proposal shall indicate manner of sewage disposal and method of water supply. When new or existing sewage disposal method is proposed, the applicant shall be responsible for the submission of a report from the Health District commenting on the adequacy of the proposed method. If the proposed development is to be dependent upon the existing municipal sewer system, the applicant shall be responsible for the submission of a report from the Health District commenting on the adequacy of the proposed method. If the proposed development is to be dependent upon the existing municipal sewer system, the applicant shall be responsible for the submission of a report from the Derby W.P.C.A. commenting on the availability and timing of sewage disposal services for the proposed development.

If the project is to be served by an existing water supply system, written confirmation of the availability of service shall accompany the application. Site plans and/or architectural plans shall show provisions and manner for refuse disposal.

8.) Where an application for a Special Exception involves only a portion of a vacant lot or parcel of land, the proposed plan shall indicate the manner in which the remainder of the land shall properly relate to the development proposed.

9.) In cases where unusual topographic, drainage or other conditions exist, the Commission may require the submission of additional data pertinent to their review.

10.) Traffic Study: Any development proposal in excess of five thousand (5,000) square feet of retail, commercial, office or industrial floor space shall be accompanied by a traffic study evaluating the impact of proposal on thoroughfares serving and/or affected by the development. The study shall include, at least, data and information on existing ADT (average daily traffic) of principal road(s) peak hour traffic, adequacy of right-of-way and travelway; traffic impact of proposed development, traffic generation data, location of road cuts within three hundred (300) feet from the development site, traffic lights and intersections, and recommendations for safe pedestrian and vehicular circulation, including provisions for safe sidewalks and crosswalks for pedestrians. Where applicable, the applicant shall include the written recommendations of the Connecticut Department of Transportation and the City Engineer.

11.) Fire Protection: It shall be the responsibility of the applicant to submit a report from the Fire Marshal commenting and/or recommending on fire protection provisions affecting the development or abutting properties.

12.) Flood Plains: Upon receipt of a complete Special Exception Application by the commission involving Special Exceptions proposed to be established upon any area of special flood hazard, the Commission shall transmit a copy of said Application to the City Engineer for a report. Within 35 days after receipt of a copy of the Application, plans and documents, the Engineer shall report recommendations to the Commission, stating the reasons therefor. Special Exceptions proposed to b established in any Flood Plain District shall be located and designed to be consistent with the need to minimize flood damage within the flood-prone area and shall conform to all of the standards and provisions of the Flood Plain Management Ordinance of the City of Derby or such legal variance as may be approved thereunder.

13.) Any other such information required by the Commission in order to determine compliance of the application with both intent and purpose of this Regulation.

D. COMMISSION ACTION AND PUBLIC HEARING NOTICE:

1.) Public Hearing Process and Decisions: The Commission shall hold a public hearing within 65 days of the “Official Date of Receipt” of a complete application for a Special Exception, including all supporting documentation. Notice of the time and place of such public hearing shall be published at least twice in a newspaper having a substantial circulation in the City of Derby, at intervals of not less than two (2) days. The first publication shall be not more than fifteen (15) days nor less than ten (10) days prior to the hearing, and the last shall be not less than two (2) days before the date of such hearing. The Commission shall act on the application not later than 65 days after the close of the public hearing. The Commission shall state upon its records the reason for its decision. Written notice of the decision of the Commission shall be sent by certified mail to the applicant within fifteen (15) days after such decision has been rendered. Notice of the action of the Commission shall be published in a newspaper having substantial circulation in the City of Derby within fifteen (15) days after such action has been taken.

2.) Conditions and Safeguards: The Commission may grant a Special Exception subject to certain conditions or safeguards including time constraints for site construction activities or duration of said use. Any condition or safeguard attached to the granting of a Special Exception shall remain with the property as long as the Special Exception remains in effect, the specific time period associated with the granting of a Special Exception lapses, or the Special Exception is revoked. Should the property change ownership, all conditions and safeguards of the Special Exception shall remain in effect.

3.) Time Requirements: When granting a Special Exception, the Commission may impose time constraints on the permitted use and/or require a periodic renewal of the Special Exception. In the event that an appeal is taken on the commission’s action of granting a Special Exception, the conditional time period shall commence upon the date of final disposition of said litigation.

A building permit or a Certificate of Occupancy (in cases where a building permit is not

required) must be issued within six (6) months of the Special Exception approval date.

Failure to comply with this requirement shall result in the expiration of said Special

Exception. An expired Special Exception shall be considered null and void and no building permit or Certificate of Occupancy thereafter shall be issued for said expired Special Exception.

Failure to complete all work as approved under the granting of the Special Exception within five (5) years from the date of approval or a lesser time period if so specified by the Commission shall result in the automatic expiration of the approval, providing the

Commission files notice of such expiration on the city land records.

E. CONSIDERATIONS FOR APPROVAL: The Commission, in considering and reviewing the application and arriving at its decision, shall find that the following conditions have been or will, by the proposal or conditions attached to the Commission’s approval thereof, be met:

1.) The location, nature and size of buildings and the architectural design of same shall be compatible with neighboring properties and their uses, and shall not hinder or discourage the appropriate development or use of land and buildings, nor impair the value thereof.

2.) The location, size and intensity of the proposed use or uses; and the size and location of the site shall be in harmony with the appropriate and orderly development of the district in which it is located.

3.) Streets and other rights-of-way shall be of such size, condition and capacity to adequately accommodate the traffic to be generated by the particular proposed use(s).

4.) The proposed use(s) shall not impair the public health, safety or welfare.

5.) Where it is proposed to convert a structure designed and built originally for other uses, the applicant shall show the adaptability of such structure to the proposed use, particularly in relation to the public health and safety.

6.) Where a proposed use abuts or is in a residential zone, the Commission may regulate hours of operation taking into consideration intensity of lighting, noise and traffic generation.

F. REVOCATION OF SPECIAL EXCEPTIONS: Special Exceptions may be revoked by the Commission providing notice of said revocation is filed on the city land records by the Commission and the Commission determines one (1) or more of the following conditions to exist:

1.) Building permit or Certificate of Occupancy (when a building permit is not required) is not issued within six (6) months of the date of approval of the Special Permit, or

2.) The Commission or its designated agent(s) determine that information submitted with the Special Exception application was incorrect, inaccurate or invalid, or

3.) Failure to complete the project within five (5) years or a lesser time period if so specified by the Commission from the date of approval of the Special Exception.

4.) Failure to comply with any imposed condition and/or safeguards of the Special Exception shall be considered a violation of these Regulations. If a condition or safeguard is not complied with within a period of time as specified in a notice of non-compliance issued by the Zoning Office, the Special Exception may be revoked by the Commission following a public hearing on said violations. For purposes of the Section of the Regulations, each successive day of said violation(s) continuing shall be considered a separate violation, or

5.) Upon the happening of any event that is prohibited under the terms of granting the Special Exception or appropriate City Regulation, Code or Ordinance, or

6.) The owner of said property petitions the commission for the revocation of said Special Exception.

G. AMENDMENTS OR MODIFICATIONS TO A SPECIAL EXCEPTION:

1.) When the Commission determines that a proposed amendment or a modification of an approved Special Exception is to be minor in nature and will not impact the substance of the original approval, the amendments or the modifications may be authorized by the Commission without the calling of a public hearing.

2.) Amendments to an approved Special Exception which are considered to be significant in nature and found to have an impact upon the substance of the original approval shall be made in accordance with Sections 25.18C and 25.18 D(1) of these Regulations and will require the calling of a public hearing.

H. PERFORMANCE BOND/MAINTENANCE BOND: To assure conformance with all work being completed in accordance with the approved site development plan and other approved required documents exclusive of buildings, a performance bond in an amount and form acceptable to the appropriate City authorities shall be posted prior to the start of said work. The Commission may also require the posting of a maintenance bond upon the completion of said work. Such bonds, when required, shall be in conformance with the provisions of the Derby Zoning Regulations.

I. FILING AND EFFECTIVE DATE: A Special Exception granted by the Commission shall become effective upon the filing of a copy thereof tin the Office of the Town Clerk and in the city land records in accordance with Section 8-3d of the General Statutes of Connecticut, as amended.