TOWN OF LEDYARD ZONING REGULATIONS

SECTION 1.0: AUTHORITY, PURPOSE, ADOPTION AND RETROACTIVITY..............................................................................11.1 Authority...................................................................................................................................................................11.2 Purpose.....................................................................................................................................................................11.3 Adoption...................................................................................................................................................................11.4 Retroactivity.............................................................................................................................................................1

SECTION 2.0: DEFINITIONS......................................................................................................................................22.1 Interpretation and Use of Words..............................................................................................................................22.2 Definitions................................................................................................................................................................2

SECTION 3.0: ESTABLISHMENT OF DISTRICTS.............................................................................................................123.1 Zoning Districts.......................................................................................................................................................123.2 Zoning Map.............................................................................................................................................................123.3 Zoning District Boundaries......................................................................................................................................123.4 Use and Bulk Schedules..........................................................................................................................................12

SECTION 4.0: ZONING DISTRICT REGULATIONS..........................................................................................................144.1 High Density Residential District (R-20)..................................................................................................................144.2 Medium Density Residential District (R-40)............................................................................................................144.3 Mobile Manufactured Home Land Lease Community (RM-40)...............................................................................144.4 Low Density Residential District (R-60)...................................................................................................................144.5 Rural Residential District (R-80)..............................................................................................................................144.6 Ledyard Center Village District-1 District (LCVD-1).................................................................................................144.7 Ledyard Center Village District-2 District (LCVD-2).................................................................................................144.8 Ledyard Center Village District-3 District (LCVD-3).................................................................................................144.9 Multi Family Village District (MFVD).......................................................................................................................154.10 Gales Ferry Design District-1 (GFDD-1)...................................................................................................................154.11 Gales Ferry Design District (GFDD-2)......................................................................................................................154.12 Resort Commercial Cluster District-1 (RCCD-1).......................................................................................................154.13 Resort Commercial Cluster District-2 (RCCD-2).......................................................................................................164.14 Industrial District (I)................................................................................................................................................174.15 Commercial Marine District (CM)...........................................................................................................................174.16 Neighborhood Commercial District (NC)................................................................................................................174.17 Commercial Industrial District (CIP)........................................................................................................................17

SECTION 5.0: CONSERVATION SUBDIVISION DEVELOPMENTS........................................................................................185.1 Applicability............................................................................................................................................................185.2 Density and Bulk Requirements..............................................................................................................................19

SECTION 6.0: SITE PLAN REVIEW............................................................................................................................206.1 Site Plan Review......................................................................................................................................................206.2 Application Procedures...........................................................................................................................................206.3 Review Procedures.................................................................................................................................................206.4 Recording of Plans; Expiration................................................................................................................................216.5 Site Plan Requirements...........................................................................................................................................216.6 Additional Site Plan Requirements by District........................................................................................................24

Town of Ledyard Zoning Regulations iLast Revised: May 23, 2011

TABLE OF CONTENTS

SECTION 7.0: SPECIAL PERMITS..............................................................................................................................267.1 Purpose and Authority............................................................................................................................................267.2 Application for Special Permit.................................................................................................................................267.3 Special Permit Objectives.......................................................................................................................................267.4 Public Hearing.........................................................................................................................................................277.5 Conditions of Approval...........................................................................................................................................277.6 Revocation..............................................................................................................................................................277.7 Amendments or Modifications...............................................................................................................................27

SECTION 8.0: SUPPLEMENTAL REGULATIONS.............................................................................................................288.1 Accessory Buildings.................................................................................................................................................288.2 Assisted Living for Seniors......................................................................................................................................288.3 Bed and Breakfasts.................................................................................................................................................298.4 Apartments/Condominiums...................................................................................................................................308.5 Country Inn.............................................................................................................................................................318.6 Farm Stands............................................................................................................................................................328.7 Home Husbandry....................................................................................................................................................338.8 Home Occupations.................................................................................................................................................358.9 Interior Lots............................................................................................................................................................378.10 Junk and Hobby Motor Vehicles.............................................................................................................................388.11 Kennels...................................................................................................................................................................398.12 Mobile Homes........................................................................................................................................................398.13 Mobile Manufactured Home Land Lease Communities..........................................................................................408.14 Residential Care Home...........................................................................................................................................468.15 Temporary Sawmills...............................................................................................................................................478.16 Transformer Substation..........................................................................................................................................488.17 Wireless Telecommunication Facilities, Antennas & Towers..................................................................................48

SECTION 9.0: SIGNS............................................................................................................................................509.1 General Requirements............................................................................................................................................509.2 General Sign Standards...........................................................................................................................................509.3 Additional Sign Standards for Specified Districts....................................................................................................549.4 Application for a Sign Permit..................................................................................................................................569.5 Issuance of Sign Permits and Related Fees.............................................................................................................569.6 Hazardous, Obsolete, and Non-Conforming Signs..................................................................................................579.7 Violations and Removal of Unlawful or Unsafe Signs..............................................................................................57

SECTION 10.0: OFF-STREET PARKING AND LOADING...................................................................................................5810.1 General Requirements............................................................................................................................................5810.2 Residential Districts (R-20, R-40, R-60, R-80)..........................................................................................................5810.3 Mobile Manufactured Home Land Lease Community (RM-40)...............................................................................5810.4 Ledyard Center Village Districts (LCVD-1, LCVD-2, LCVD-3)....................................................................................5910.5 Gales Ferry Design District (GFDD-1, GFDD-2)........................................................................................................5910.6 Commercial and Industrial Districts (CM, NC, CIP, and I)........................................................................................6010.7 Fee in Lieu of Parking..............................................................................................................................................6010.8 Shared Parking........................................................................................................................................................6010.9 Assisted Living for Seniors......................................................................................................................................6110.10 Bed and Breakfasts.................................................................................................................................................6110.11 Country Inn.............................................................................................................................................................6110.12 Home Occupations.................................................................................................................................................6210.13 Residential Care Home...........................................................................................................................................62

Town of Ledyard Zoning Regulations iiLast Revised: May 23, 2011

TABLE OF CONTENTS

SECTION 11.0: ALTERNATIVE ENERGY SYSTEMS.........................................................................................................6311.1 Small Wind Energy Systems....................................................................................................................................6311.2 Solar Energy Systems..............................................................................................................................................64

SECTION 12.0: NATURAL RESOURCES......................................................................................................................6612.1 Coastal Area Management.....................................................................................................................................6612.2 Soil Erosion and Sediment Control Plan..................................................................................................................6812.3 Flood Protection.....................................................................................................................................................6812.4 Open Space.............................................................................................................................................................7412.5 Soil, Gravel and Stone Removal..............................................................................................................................75

SECTION 13.0: NON-CONFORMING USES, STRUCTURES, AND PROPERTY.........................................................................7713.1 Non-Conforming Uses, Structures, and Property....................................................................................................77

SECTION 14.0: MISCELLANEOUS.............................................................................................................................7814.1 Building on Existing Lots.........................................................................................................................................7814.2 Finish Grading.........................................................................................................................................................7814.3 Temporary Mobile Units for Construction in Non-residential Districts...................................................................7814.4 Handicap Ramps for Residential Purposes..............................................................................................................7814.5 Illustrations of Lot Layouts and Setbacks................................................................................................................79

SECTION 15.0: ADMINISTRATION AND ENFORCEMENT................................................................................................8515.1 Interpretation.........................................................................................................................................................8515.2 Enforcement...........................................................................................................................................................8515.3 Permits................................................................................................................................................................... 8615.4 Stop Work Order.....................................................................................................................................................8615.5 Violation Procedure................................................................................................................................................8615.6 Setting of a Bond.....................................................................................................................................................8615.7 Zone Change Procedures........................................................................................................................................8715.8 Public Hearings.......................................................................................................................................................8715.9 Zoning Board of Appeals.........................................................................................................................................8815.10 Agenda Scheduling.................................................................................................................................................8815.11 Aquifer Protection Agency......................................................................................................................................8815.12 Fees........................................................................................................................................................................ 89

SECTION 16.0: VALIDITY AND RELATED TOWN REGULATORY MATERIAL..........................................................................9016.1 Validity....................................................................................................................................................................9016.2 Related Town Regulatory Material.........................................................................................................................90

SECTION 17.0: AMENDMENTS...............................................................................................................................91

SCHEDULE A: PERMITTED USES..............................................................................................................................95

Schedule B: Area And Bulk Requirements..............................................................................................................96

Town of Ledyard Zoning Regulations iiiLast Revised: May 23, 2011

SECTION 1.0: AUTHORITY, PURPOSE, ADOPTION AND RETROACTIVITY

1.1 Authority

A. These regulations are enacted pursuant to the provisions of Chapter 124, Connecticut General Statutes, Revision of 1958 as amended.

1.2 Purpose

A. The purpose of these regulations is to promote the health, safety and general welfare of the community; to conserve the value of property and encourage the most appropriate use of land throughout the Town; to lessen congestion in the streets; to avoid undue concentration of population; to secure safety from fire; to facilitate adequate provision for transportation, water, sewerage, schools, parks, recreation and other public requirements; to provide for the Public Health, comfort and general welfare in living and working conditions and to regulate and restrict the location and time of operation of trades and industries and the location of buildings/structures for specific uses; to regulate and limit the height and bulk of buildings/structures hereafter erected; to regulate and determine the area of yards, courts and other Non-Developed Land for building hereafter erected in the Town of Ledyard; to conserve and improve the physical appearance of the Town.

1.3 Adoption

A. These regulations are adopted in accordance with the provisions for notice and public hearing set forth in Section 8-3, Connecticut General Statutes, Revision of 1958, as amended, and these regulations shall become effective October 11, 1963, as amended; May 5, l968, October 6, 1970, August 3, 1971, October 1, 1975, April 30, 1977, June 8, 1978 and January 4, 1979, June 1, 1979, July 15, 1979, December 1, 1979; January 7, 1980, February 1, 1980; March 1, 1980; July 15, 1980; August 15, 1980; January 1, 1982; April 1, l982; October 1, 1983; December 15, 1983; February 1, 1984; July 1, 1984; July 15, 1984; October 10, 1984; June 1, 1985; July 15, 1985; August 1, 1985; November 1, 1985; April 16, 1986; October 16, 1986; August 25, 1987; March 30, 1988; March 30, 1988; June 30, 1988; July 15, 1988. The amendment of these regulations effective July 1, l989 is for the purpose of complete reformatting without constructive change of content. Subsequent amendments are described in Section 1817.0 of these regulations. [To Be Updated]

1.4 Retroactivity

A. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued and construction shall have commenced, prior to the effective date of these regulations (or any amendment thereto) and which shall be completed according to such plans within one (1) year of the adoption of these regulations.

Town of Ledyard Zoning Regulations 1Last Revised: May 23, 2011

SECTION 2.0: DEFINITIONS

2.1 Interpretation and Use of Words

A. For the purpose of these regulations, the following terms shall have the meaning given herein. The following terms shall be interpreted as follows:

(1) The masculine includes the feminine;

(2) The singular includes the plural and the present tense includes the future tense;

(3) The word "person" includes an individual, firm or corporation, limited liability company, trust, and federally recognized tribe;

(4) The word "shall" is always mandatory; the word “may” is permissive or discretionary;

(5) The word "lot" includes the word "plot" or "parcel;”

(6) The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied;"

(7) Any reference to a residence or residential district shall be interpreted to mean any district with the word "residence" in its title;

(8) A building or structure includes any part thereof;

(9) The words “zone”, “zoning district”, and “district” have the same meaning;

(10) The words “these regulations,” “the regulations,” “said regulations,” “the zoning regulations,” and “said zoning regulations,” shall be deemed to refer to the Zoning Regulations of the Town of Ledyard as may be amended.

2.2 Definitions

ABANDONMENT: The discontinuance or cessation of a pre-existing non-conforming use of a property with the demonstrated intent by its owner to voluntarily, and permanently relinquish said prior use.

Why did we delete the definiti8on for “Abandonment”. It is a unique and critical term regarding zoning.

ACCESSORY APARTMENT: A secondary dwelling unit with housekeeping facilities separate and subordinate to the primary dwelling unit and the accessory apartment shall be located within the primary structure; entrance to the accessory apartment shall be limited to the side or rear of the structure.

ACCESSORY BUILDING: A building or structure whose use is customarily incidental to and subordinate to the principal use of the land or building and located on the same lot as the principle use.

ACCESSORY USE: A use of land, building, structure and/or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

AGE RESTRICTED HOUSING: Housing for residents age fifty-five (55) or older. Each housing unit shall be occupied by at least one (1) resident fifty-five (55) years of age or older and no housing unit shall include a resident who has not attained the age of eighteen (18) years of age. Age restricted housing units may be either single family detached dwelling units, mobile manufactured homes, duplex units or multi-family dwelling units. Any age restricted housing units proposed for development in the Town of Ledyard shall be so designated on any site plan submitted to the Ledyard Zoning Commission for approval and shall be subject to a covenant enforceable by the Town of Ledyard Zoning Official restricting the occupancy of such housing units.

ALCOHOLIC LIQUOR: The sale of alcoholic liquor as defined in Chapter 545 of the Connecticut General Statutes, Liquor Control Act.

ANTENNA: A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip, panel, and dish antennas.

APARTMENT: A room, or suite of rooms, designed as a residence and generally located in a building occupied by more than one household.

ARCHITECT: An individual or firm of Registered Professional Architects licensed to operate in the State of Connecticut.

Why was the definition for Architectural Review Board deleted?

ARCHITECTURAL REVIEW BOARD (ARB): The Town Advisory Board responsible for reviewing applications for new construction, substantial reconstruction or rehabilitation within the Ledyard Center Village Districts 1, 2 and 3 (LCVD) and the Gales Ferry Design Districts 1 and 2 (GFDD).

ART GALLERY: A structure or building utilized for the display of art work, including paintings, sculptures, and paints for view and/or sale to the public.

ARTIST STUDIO: A workshop or workroom for the creation of fine art and crafts such as painting, sculpturing, photography, or other handmade pieces of art for sale.

ASSISTED HOUSING: Housing which is receiving, or will receive, financial assistance under any governmental program for the construction or substantial rehabilitation of low and moderate income housing, and any housing occupied by persons receiving rental assistance under Chapter 319uu or Section 1437f of Title 42 of the United States Code, as defined by Connecticut.

ASSISTED LIVING FOR SENIORS: An Age Restricted Housing complex of more than ten (10) private residential dwelling units restricted to not more than two (2) persons per dwelling unit, at one of whom is a person 55 years of age or older, that provides an assisted living environment for those who are in otherwise good health, and that provides the support of services, both licensed and unlicensed, necessary to maintain the residents in a semi-independent life style. An assisted living facility may include convalescent care.

BARN: A building for the storage of farm products, feed, and/or the housing of farm animals or farm equipment located on a farm of three (3) acres or more. A barn shall be considered the principal structure if there is no residential structure on the tract, and an accessory structure if there is a residential structure.

BED AND BREAKFAST: An owner-occupied dwelling, with a valid Special Permit, having five (5) or less guest rooms, without separate kitchen facilities in which overnight accommodations and meals are provided to travelers for a fee and for not more than twenty-one (21) consecutive days.

BOAT RENTAL, SALES, STORAGE, SUPPLIES, CONSTRUCTION, AND REPAIR: Any building, structure, land area, dock, pier, slip, wharves, or other premises, or portion thereof used or designed to be used for the rental, sale, storage, construction, maintenance and/or repair of boats.

BOAT DOCK, PIER, SLIP, WHARVES FOR YACHTS/PLEASURE BOATS: A structure built over or floating upon the water and used as a landing place for boats, fishing, swimming, and other marine recreational uses.

BOARDER: Same as a roomer, except the rent entitles the boarder to the furnishing of board in addition to occupancy of a room.

BUFFER STRIP: A strip of land unoccupied by buildings, structures or pavements and maintained as a grass strip and/or for the planting of trees or shrubs as required by these regulations.

BUILDING: A combination of materials to form an independent structure above grade, having a roof, resting on its own foundation and adapted to permanent and continuous occupancy for shelter, housing or enclosure of persons, animals, materials, businesses, industry, storage or other similar purposes.

BUILDING AREA: The maximum horizontally projected area of the building at or above grade.

BUILDING HEIGHT: The vertical distance from the average finished grade to the highest point of flat or mansard roofs (including the top of a parapet) or to the mean level between the eaves and ridge for gable , hip, or gambrel roofs. In the case of multiple roofs, the roof with the greatest height shall determine building height.

BUILDING LINE: A line drawn parallel to the center line of the traveled portion of abutting streets through the closest portion of the building.

BUILDING SETBACK LINE: A line parallel to the center line of the traveled portion of abutting streets at a distance equal or greater than the building line requirements in Schedule B between which and the front lot line no building or other structure or portion thereof, except as provided for in these regulations may be erected above ground level.

BUILDING OFFICIAL: The Town of Ledyard Building Department Building Official.

BULK REGULATIONS: Standards that control the height, density and location of a structure on a lot.

CAMPGROUND: An area used for transient occupancy not to exceed thirty (30) days per year by camping in tents, camp trailers, travel trailers, recreational vehicles, or similar movable or temporary sleeping quarters of any kind.

CAR WASH: Mechanical facilities for the washing, polishing or cleaning of automobiles or trucks.

CEMETERY: Land used for the burial of human remains, and dedicated for cemetery purposes, excluding crematories and mortuaries.

CERTIFICATE OF OCCUPANCY: A certificate issued by the Building Department, or its agent, stating that a structure conforms will all appropriate plans, codes and standards.

CERTIFICATE OF USE AND COMPLIANCE: A certificate issued by the Zoning Official stating that a building and/or use complies with the provisions of these regulations.

CHILD DAY CARE CENTER: A place which offers or provides a program of supplementary care to more than twelve (12) related or unrelated children outside their own homes on a regular basis as provided in Connecticut General Statutes Section 19a-77.

CIVIC BUILDINGS: Civic buildings include, but are not limited to, municipal buildings, churches, libraries, schools, recreation facilities, and places of assembly. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings.

CLINIC: A place for the treatment of outpatients.

CLUB: An association of persons, one (1) of whom is the owner, lessee or occupant of an establishment operated solely for a recreational, social, fraternal, religious, political or athletic purpose whose activities are confined to the members and guests and are not extended to the general public, and includes the establishment so operated, but does not include such associations when the chief activity is a service customarily carried on for a business or primarily for a gain.

COASTAL SITE PLAN: The site plans, applications and project referrals listed in Section 22a-105 of the Connecticut General Statutes and are addressed in Section 123 of these regulations.

CO-LOCATION: A site where wireless communication facilities of more than one (1) provider are located.

COMMERCIAL DISTRICTS: Zoning districts including: Resort Commercial Cluster District 1 and 2 (RCCD-1, RCCD-2), Commercial Marine District (CM), and/or Neighborhood Commercial District (NC).

COMMERCIAL FISHING, LOBSTERING, SHELLFISHING BASE: A base of operations for the farming of the waters of the state and tidal wetlands on leased, franchised and public underwater farm lands.

COMMERCIAL VEHICLE: A registered commercial vehicle identified by insignia and/or materials stored within or carried upon to be used for commercial purposes. Privately owned pickup trucks and vans are exempt from this definition.

COMMISSION: The Zoning Commission of the Town of Ledyard.

COMMUNITY CENTER: A facility used as a place of meeting, recreation, or social activity open to the public.

COMMUNITY RULES AND REGULATIONS: A policy statement conspicuously posted in each Mobile Home Land Lease Community that clearly states an intent to house persons who are fifty-five (55) years of age or older.

COMPLEX, COMMERCIAL OR INDUSTRIAL: A group of two (2) or more commercial or industrial businesses that share common parking and pedestrian spaces and signage.

CONDOMINIUM: The method of ownership in a multiple family project, such as an apartment or townhouse project wherein each dwelling unit is in a separate ownership but all other common features such as land, walls, hallways, roof and lobbies are in fractional or shared ownership.

CONFERENCE CENTER: A facility designed to accommodate service organizations, business or professional conferences and seminars limited to conference attendees.

CONSERVATION SUBDIVISION DEVELOPMENTS: Subdivision developments that comply with Section 5.0 of these regulations and Section 4.0(O) of the Town of Ledyard Subdivision Regulations.

CONTRACTOR'S EQUIPMENT: Commercial and/or construction vehicles other than pick-up trucks or vans, incidental to a commercial business.

CONVENIENCE STORE: Any retail establishment containing less than five-thousand (5,000) square feet offering for sale food, beverages, and other household supplies to customers.

CONSERVATION SUBDIVISION DEVELOPMENTS: Subdivision developments that comply with Section 5.0 of these regulations.

COOPERATIVES: The method of ownership in a multiple family project where the entire structure and real property is under common ownership.

COUNTRY INN: An owner-occupied and owner-managed property providing, for a fee: overnight accommodations and meals to thirty-two (32) or fewer guests; and may customarily serve as a venue for corporate meetings, retreats, and social events.

DEVELOPMENT: Any construction or grading activities to improved or unimproved real estate.

DESIGN DISTRICTS: The zoning districts including: Ledyard Center Village Districts 1, 2 and 3 (LCVD-1, LCVD-2, LCVD-3), Gales Ferry Design District 1 and 2 (GFDD-1, GFDD-2).

DISTRICT: An area, governed by these regulations, which appears on the Zoning Maps of the Town of Ledyard.

DISTURBED AREA: An area of land which is subject to accelerated erosion due to the removal of vegetative ground cover and/or earthmoving activities.

DRIVEWAY: The portion on a lot provided for the accommodation of vehicle access to and from the lot or structure on said lot that consists of a travel lane bounded on either side by an area that is not part of the vehicle access.

DWELLING: A building designed or used as the living facilities for one (1) or more families.

DWELLING, CARE-TAKER UNIT: An accessory dwelling on a nonresidential premises occupied by the person and their family who oversees the nonresidential operation twenty-four (24) hours a day.

DWELLING, MULTIPLE FAMILY: A dwelling or group of dwellings on one (1) lot, containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments, condominiums, and cooperatives.

DWELLING, SINGLE-FAMILY: A freestanding residential dwelling designed for and occupied by one (1) family only.

DWELLING, SINGLE-FAMILY ATTACHED: A residential dwelling designed for and occupied by one (1) household only that shares one (1) or more common or abutting walls with one (1) or more dwelling units. A single-family attached dwelling does not share common floor/ceilings with other dwelling units.

DWELLING, TWO FAMILY: One (1) building which serves as a dwelling providing complete living facilities for two (2) families, including equipment for cooking or provisions for the same, and including room or rooms for living, sleeping and eating for each family.

DWELLING UNIT: A dwelling providing complete living facilities for one (1) family, including equipment for cooking or provisions for the same, and including room or rooms for living, sleeping and eating.

EDUCATIONAL INSTITUTION: A public, parochial, or private institution that provides instruction to students.

EQUIPMENT SALES AND REPAIR: Any building or structure utilized for the sale and rental including but not limited to small mechanical equipment, tools, construction equipment, tractors, etc. Included in this use is the incidental storage, maintenance and servicing of such equipment.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

FAMILY: An individual or any number of individuals related, by blood or marriage, living together as a single housekeeping unit, or a number of persons unrelated by blood or marriage living together as a single housekeeping unit.

FAMILY DAY CARE HOME: A facility which consists of a private family home caring for not more than six (6) children, including the provider's own children not in school full time, where the children are cared for not less than three (3) nor more than twelve (12) hours during a twenty-four-hour period and where care is given on a regularly recurring basis except that care may be provided in excess of twelve (12) hours but not more than seventy-two (72) consecutive hours to accommodate a need for extended care or intermittent short-term overnight care. During the regular school year, a maximum of three (3) additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has more than three (3) children who are in school full time, all of the provider's children shall be permitted as provided in Connecticut General Statutes Section 19a-77.

FARM: A parcel in excess of three (3) acres including principal and accessory buildings, used for farming and as an incident to the farming operations, the seasonal sale of agricultural or horticultural products produced on the parcel and on other local farms.

FARMING: The cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. Puppies are not livestock. The grooming and/or boarding of puppies and/or dogs, and the breeding, whelping, raising, exercise, and/or training of puppies and dogs for show, sport, or sale, does not constitute farming and are not incidental to farming as herein defined.

FARM STAND: An accessory building in support of farming, specifically for the seasonal sale of products produced on local farms.

FINANCIAL INSTITUTION: A building or structure utilized where financial and banking services are provided to customers or clients, including the maintenance of checking and savings accounts, certificates of deposits, etc., and the providing of related financial services associated with a bank.

FOUNDATION: A masonry substructure of a building.

FRONTAGE, LOT LINE: The length of the front line of a building lot abutting on a public road or street.

FUNERAL HOME: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funeral services or ceremonies.

GAS STATION: A business establishment offering gasoline or diesel fuel and accessory sales of other items.

GARAGE, PRIVATE: A building or part thereof accessory to a principal building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.

GARAGE, PUBLIC: A building used for the storage of more than two (2) registered motor vehicles owned by persons other than the owner or occupants of the premises, on which repairs or service station activities including sale of accessories and parts, are or may be carried on for a profit.

GOLF COURSE: A tract of land for playing golf improved with tees, greens and fairways and which may include clubhouses, pro shops, food and beverage service and shelters.

GOVERNMENTAL INSTITUTION: A government owned or operated building, structure or land used for public purpose.

GRADING: Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

GROUP DAY CARE HOME: A program of supplementary care for not less than seven (7) nor more than twelve (12) related or unrelated children on a regular basis for a part of the twenty-four (24) hours in one (1) or more days in the week, or that meets the definition of a family day care home as provided in Connecticut General Statutes Section 19a-77 except that it operates in a facility other than a private family home.

GRAVEL PIT OR SAND BANK: An area of land used for the excavation and removal of gravel, sand or similar materials.

GUEST AT A BED AND BREAKFAST: A transient receiving overnight accommodations in an inside bedroom in an owner-occupied home where the intent is for the guest to vacate in twenty-one (21) or fewer days. Guests at bed and breakfast establishments are subject to Chapter 763 of the Connecticut General Statutes, "Hotel and Innkeepers," regarding guest conduct and payment for services.

HOBBY MOTOR VEHICLE: Any antique, rare, special interest, off-road, and/or racing vehicle, regardless of age or condition, not currently designed or intended for daily use, that is being actively restored, repaired, modified, and/or maintained by its owner.

HOME HUSBANDRY: The non-commercial cultivation and production of edible crops or of certain permitted listed livestock and/or poultry as an accessory use of a home for the benefit of its residents.

HOME OCCUPATION: An accessory use carried out for gain customarily conducted within a dwelling by the resident owners thereof, which is clearly secondary to the use of the dwelling for living purposes and dose not have any exterior visual, audible, or physical evidence of such secondary use. The boarding, breeding, grooming, whelping, raising, and/or training of puppies and dogs for show, sport, or sale changes the character of the property and is not permitted as a home occupation.

HOOP HOUSE: A non-pressurized structure composed of a rigid framework to support a tensioned membrane which provides a weather barrier. A hoop house is also a greenhouse if the membrane is transparent or translucent.

HOSPITAL: A building used in whole or in part as a place for the lodging and care of five (5) or more persons receiving diagnostic, medical or surgical treatment and requiring license by the State Department of Health.

HOTEL: A building which has a common entrance or entrances and contains sleeping accommodations for hire for ten (10) or more persons.

INDUSTRIAL DISTRICTS: Zoning Districts including: Industrial (I) and/or Commercial Industrial District (CIP).

INTERIOR LOTS: A lot which has no direct frontage on a public or private street, but which obtains access to such streets by way of a private driveway or access agreement across land owned by another party. The front lot line of an interior lot shall be considered that lot line where the driveway or access point enters the property.

JUNK: Any exterior (a) materials or items, whether covered or not, including but not limited to vehicles and vehicle parts that, due to condition and/or storage, may contaminate or pollute the soil or groundwater, or invite the breeding, collection, or infestation of flies, mosquitoes, rodents, or other animals; (b) vehicles or trailers, whether or not currently registered, which cannot be re-registered due to their current condition, and/or (c) any other material or item that causes the reduction of neighboring property values, or negatively impacts public health, general welfare, or quality of life. Junk may include, but is not limited to, non-operable appliances, non-operable yard-care equipment, unused or deteriorated barrels, boxes, pallets, furniture, metal, glass, and/or plastic, rotted cordwood, abandoned construction materials, tires, abandoned truck caps, hazardous waste, and demolition debris.

JUNKYARD: A lot, land, or structure, or part thereof, used primarily where junk, waste, discarded or salvaged materials are bought or sold, exchanged, stored, collected, dismantled or otherwise processed, including automobile wrecking yards. Junkyards are not permitted in the Town of Ledyard.

KEEPING OF ANIMALS: The raising of cows, cattle, goats, horses, sheep, rabbits and/or poultry.

KENNEL: A commercial establishment that provides boarding, medical care, breeding, grooming, exercise, whelping, raising, and/or training of puppies, dogs and other household pets.

KIOSK: Free standing structures designed to provide advertising space for two (2) or more businesses on a single premises or group of contiguous premises.

LAND SURVEYOR: An individual or firm of Registered Land Surveyors licensed to operate in the State of Connecticut.

LAUNDROMAT: An establishment providing clothes washing or drying machines on the premises for rental use to the general public.

LIBRARY: A facility for the use, but not sale, of literary, musical, artistic, or reference materials.

LICENSED RADIO ENGINEER: Anyone holding a Radiotelephone Operator License issued by the Federal Communications Commission (“FCC”) who is responsible for technical compliance with FCC rules and regulations.

LICENSED PROFESSIONAL ENGINEER: An individual or firm of registered professional engineers licensed to operate in the State of Connecticut.

LIGHT INDUSTRIAL: The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

LIVESTOCK: Any camelid or hooved animal raised for domestic or commercial use. Grazing and other farm animals kept or raised for use or pleasure (i.e., cows, sheep, horses, goats, rabbits, etc.)

LOT: A parcel of land occupied or capable of being occupied by one (1) principal building and the Accessory Buildings customarily incidental to it, including such Non-Developed Land as are required by these regulations. In the case of multiple dwellings and public, institutional, commercial, or industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.

LOT AREA: The number of square feet of the lot.

LOT COVERAGE: The percentage of the lot area covered by the combined area of all buildings, structures or other impervious surfaces on the lot.

LOT LINE, FRONT: A line dividing the lot from the street or the right-of-way.

LOT, INTERIOR: A lot that has access to a public right-of way by means of a narrow strip of land, which is less than the required frontage.

LOT, THROUGH: A lot with the front and rear lot lines abutting the rights of way of two (2) Town-accepted or State roads.

LOT LINES, SIDE: All lines extending from the street which divides adjacent lots abutting the same street.

LOT LINE, REAR: A line separating one lot from other lots or from land in different ownership, being the boundary of a lot which is opposite the frontage street.

LOT, MINIMUM WIDTH: For rectangular lots, the measured distance at the required building line, measured parallel to the front lot line. For lots on the outer or inner arc of a curve, the measured distance between side lot lines on a street line at right angles to the main direction of the side lot lines, and at a distance so as to meet the required building line from any point of the center line of the traveled portion of the street. For corner lots, the measured distance parallel to the street, in the direction of the lot's minimum width, and so as to meet the required building line from both streets.

LUMBERYARD OR BUILDING SALES YARD: An area and structures used for the storage, distribution, and sale of building and construction materials.

MANUFACTURING: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials including but not limited to oils, plastics, resins, etc.

MEDICAL AND DENTAL CLINIC: The offices of one (1) or more doctors or dentists who furnish medical or dental care to persons on an outpatient basis.

MINING: A lot or land or part thereof used for the purpose of extracting shale, gravel, rock and sand for sale as an industrial operation.

MINI STORAGE: Buildings or structures with multiple rental spaces used for the storage, principally of personal goods.

MIXED USE: The development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as residential above the first floor, office, and retail.

MOBILE HOME: A manufactured home produced prior to the passing of the federal Manufactured Home Construction and Safety Standards (MHCSS) of 1976.

MOBILE MANUFACTURED HOME LAND LEASE COMMUNITY: A land lease community in which two (2) or more mobile homes or mobile manufactured homes are located on a single parcel and occupied as dwelling units.

MOBILE MANUFACTURED HOME: A manufactured home built after 1976 in compliance with the Manufactured Home Construction and Safety Standards (HUD Code) and which displays a certification label on the exterior of each transportable section. Mobile Manufactured Homes are built in the controlled environment of a manufacturing plant and are transported in one (1) or more sections on a permanent chassis.

MOTEL: A building, usually located on a highway, providing lodging for persons, with or without cooking facilities, and intended primarily for accommodations of transients, and so designed that access to rooms is directly from out-of-doors.

MOTOR VEHICLE BODY REPAIR AND PAINTING: A building on a lot designed and/or used primarily for body repairs or painting of vehicles.

MOTOR VEHICLE DEALERSHIP: The use of a building, land area, or other premises or portion thereof, for the display, sale, or lease of automobiles including any warranty repair work and other repair service conducted as an accessory use.

MOTOR VEHICLE SERVICE: A building on a lot designed and/or used primarily for the sale and installation of lubricants, tires, batteries and similar accessories, and which may also be used for the retail sale and dispensing of vehicular fuels.

MUSEUMS AND CULTURAL INSTITUTION: An establishment utilized for the display of exhibits of historic, educational or cultural nature which are not operated commercially on a for-profit basis.

NON-CONFORMING LOT: Any lot which does not conform to the requirements of these regulations or any amendment thereto upon the effective date of enactment.

NON-CONFORMING STRUCTURE: Any pre-existing lawful building or structure which does not conform to the requirements of these regulations or any amendment thereto upon the effective date of enactment.

NON-CONFORMING USE: A use which lawfully occupied a building or property on the effective date of this ordinance which does not conform to the use regulations for the district in which the property is situated.

NON-DEVELOPED LAND: An area characterized by natural scenic beauty or existing openness used for recreation or resource protection. It may include wooded areas, meadows, agricultural lands and active and passive recreation areas. Non-developed land shall not include buildings, driveways, parking lots or other surfaces designed or intended for motor vehicular travel.

OFFICE: A building or room(s) in which services involving predominantly administrative, professional, or clerical operations are performed, not including the sale of retail articles.

OUTDOOR STORAGE AND SALES: Storage and/or sales of any materials, merchandise, stock, supplies, machines and the like that are not kept within a structure, regardless of how long such materials are kept on the premises. Outdoor storage shall not include junkyards.

PARKING AREA: An off-street open space used for parking motor vehicles exclusively.

PARKING STRUCTURE: A structure used for the parking and storage of vehicles at one (1) or more levels.

PARK AND PLAYGROUND: Land that is intended to be used for the purpose of providing recreation, or non-developed land.

PERMANENT FOUNDATION SYSTEM: A permanent rigid structure or structures constructed upon and/or below the surface of a mobile manufactured home site designed for attaching and anchoring a mobile manufactured home, in such a manner that the home will not be subject to movement due to frost, frost heaves, freezing, flooding or wind.

PERSONAL SERVICE ESTABLISHMENT: A business that provides grooming or physical fitness services to individuals or groups of individuals.

PREDOMINANT USE: The land use that requires the most parking within a parking lot shared by a variety of land uses.

PLAN OF CONSERVATION AND DEVELOPMENT (POCD): The Plan as required under Connecticut General Statutes §8-23 to show the Planning Commission’s recommendations for the most desirable use of the land within the municipality and for the most desirable density of population. The Plan is intended to guide growth, land use, consideration, and development within the Town of Ledyard, and is used as guidance by all town boards and commissions.

POULTRY: Domesticated birds usually kept for eggs or meat (i.e., chickens, geese, ducks, turkeys, etc.).

PROHIBITED USES: A use not permitted in Schedule A: Permitted Uses:

PROPERTY: A lot including all buildings or improvements thereon.

PUBLIC SEWER SYSTEM: The disposing of organic refuse, carried off by a structures to a central sewage treatment system via underground piping.

PUBLIC OR PRIVATE UTILITY INSTALLATION: The use of land for utility purposes by an entity providing pipeline, gas, electrical, telephone, television, internet, cellular, broadband, water, or sewage service(s).

PUB AND TAVERN: A place in which the principal income is derived from the sale or serving of alcoholic beverages for consumption on the premises, with or without live entertainment.

RECREATIONAL FACILITY: Outdoor or indoor facilities designed for leisure activities

RECYCLING CENTER: A building where only recyclable material is collected, processed and/or baled in preparation for shipment to others who will use the materials to manufacture new products.

RELIGIOUS USE: A building, facility, or main activity area wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all Accessory Buildings and uses customarily associated with such primary purpose.

RESEARCH FACILITIES: A building for experimentation in pure or applied research design, development, and production of prototype machines or devices or of a new product, and uses accessory thereto.

RESIDENTIAL CARE HOME: An establishment which furnishes nursing services and assistance with activities of daily living to a population that is chronic and stable; or nursing supervision under a medical director twenty-four (24) hours per day, or any chronic and convalescent nursing home which provides skilled nursing care under medical supervision and direction to carry out nonsurgical treatment and dietary procedures for chronic diseases, convalescent stages, acute diseases or injuries.

RESIDENTIAL DISTRICTS: Refer to the residential zoning districts created in these regulations including: R-20 High Density Residential Districts, R-40 Medium Density Residential Districts, R-60 Low Density Residential Districts and R-80 Rural Residential Districts.

RESTAURANT, EXCLUDING FAST FOOD: An establishment where food and/or beverages are prepared, served, and consumed and where customers are served primarily when seated at tables or counters, any food take out is incidental to the primary sit-down restaurant use, and no customers are served in motor vehicles.

RESTAURANT, FAST FOOD: An establishment specializing in take out, quick service food, frozen dessert and/or beverage, where such items may be consumed anywhere on the premises or removed from the premises and where orders are placed at a central counter or drive-through/walk-up window.

RESORT FACILITY: A destination intended for recreation and relaxation distinguished by a selection of activities, such as food, drink, lodging, sports, entertainment and shopping.

RETAIL SALES: A business establishment where diversified goods are kept for retail sale directly to the public either in person, by telephone, or by internet.

RIDING STABLE: An accessory structure on a farm where horses are boarded and cared for and/or where instruction in riding, jumping and showing may be offered for a fee; such establishment may be incidental to the operation of any club or association.

ROOMER: A person who rents and occupies an inside bedroom in an owner-occupied home and is tenant on a semi-permanent basis in a residentially zoned area. A house may not have more than two (2) roomers at any instant in time. A roomer is subject to a written or unwritten rental agreement with a base term of at least one (1) month, and which normally includes holdover provisions that do not require subsequent modification of the original agreement. The roomer is subject to Chapter 830 of the Connecticut General Statutes, "Landlord and Tenant Act", regarding occupancy, eviction, and the payment of rent.

SAWMILL: A mill or machine for sawing logs.

SCREENING: Dense vegetation or other landscape materials, or a combination thereof, which provide effective year-round visual insulation from adjacent property for a minimum of six feet in height. See Buffer Strip.

SEDIMENT: Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

SHOPPING CENTER: A group of no less than four (4) business establishments which may include retail stores, service establishments, theaters, and restaurants, including fast food facilities, with a public vehicle parking area shared in common. A shopping center must contain no less than two (2) acres and have not less than twenty thousand (20,000) square feet of floor area.

SIGN: A structure, building wall, indoor surface visible to the outside, or outdoor surface, or any device used for visual communication, which directs attention to an object, product, place, activity, person, organization, or business.

SIGN, DIRECTIONAL: Used to indicate location, distance, hours of operation of activity concerned, parking, or other functional activity such as bathroom facilities, telephones, entrances, offices, etc, bearing no commercial advertising,

SIGN, DIRECTORY: A sign to identify any commercial or industrial complex and each use in said complex.

SIGN, FREESTANDING: A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground.

SIGN, HANGING: A sign to identify a commercial use within a structure that protrudes perpendicularly from the front of the building.

SIGN, IDENTIFICATION: A sign which is attached to or projects from a building facade or other building surface.

SIGN, INSTRUCTIONAL, DIRECTIONAL: A sign which identifies location, hours of operation, parking, exit, entrance, and functional activities such as bathroom facilities, food, coffee, lunch, gas, offices, etc, The sign has bearing no commercial advertising or business name.

SIGN, PERMANENT: A sign constructed out of durable materials that is intended to exist for the duration of time that the use or occupant is located on the premises.

SIGN PERMIT: A permit issued by the Zoning Commission or its designee, permitting a land owner to construct a sign.

SIGN, SPECIAL: Banners, pennants, sandwich board signs and sidewalk or curb signs used for special events or sales.

SIGN, SPECIAL PERMIT: An Identification Sign or Freestanding Sign that does not conform to the regulations set out in Section 10, but that may be obtained from the Zoning Commission after a public hearing and application as set out in Section 9.10.

SIGN, TEMPORARY: A sign conforming to size and location requirements, as stipulated by these regulations, which is to be displayed for a limited period of time.

Why was the “Special Permit Sign” definition deleted?

SIGN, TEMPORARY IDENTIFICATION: A Temporary Sign intended for pre-development opening or closing, displayed sixty (60) days in advance of advertised activity.

SIGN, TEMPORARY SPECIAL: A Temporary Sign intended to announce a special event or sale.

SIGN, POLITICAL: A sign that is incidental to a town, state or federal election or referendum. Political signs must have permission of the property owner to be erected. However, the political party or candidate is responsible for removal.

SITE PLAN: A plan of a lot on which is shown topography, location of all buildings, structures, roads, rights-of-ways, boundaries, all essential dimensions and bearings and any other additional information deemed necessary by the Zoning Commission. A "Coastal Site Plan" is a type of Site Plan addressed in Section 12.1 of these regulations.

SOIL: Any unconsolidated mineral or organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN: A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.

SOLAR ENERGY SYSTEM: An energy system which directly uses solar radiation to produce space heating, cooling, hot water or electricity through the process of collecting solar radiation, converting it to another form of energy, storing the converted energy, protecting against unnecessary dissipation and distributing the converted energy. This shall include both active and passive "solar energy systems."

SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system that requires external mechanical power to move the collected heat. A freestanding active solar energy system is an accessory structure.

SOLAR ENERGY SYSTEM, PASSIVE: A solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power. A freestanding passive solar energy structure is an accessory structure.

SPECIAL FLOOD HAZARD AREA: The land area, as defined by the Federal Emergency Management Agency (FEMA), covered by the floodwaters of the base flood on National Flood Insurance Program (NFIP) maps.

SPECIAL PERMIT: A permit authorized by the Zoning Commission that allows particular unique uses provided that such uses meets certain conditions, safeguards, restrictions and review criteria laid out for specific special permits, and other applicable requirements as set forth in these regulations.

SPECIALLY SPECIAL USE (also known as a Special Exception): A use that, because of its unique characteristics, requires individual consideration through a review and permitting process by the Zoning Commission. Such a use shall be permitted only upon authorization by the Zoning Commission, provided that such uses meets certain conditions, safeguards, restrictions and review criteria laid out for specific special permits, and other applicable requirements as set forth in this chapter.

Why did you delete definition of Special Permit or Special Exception?

STRUCTURE: Anything constructed or erected, the use of which requires location on or under the ground or an attachment to something having location on the ground including, but not limited to, swimming pools, residences,

libraries, signs, septic tanks, storage sheds, pens, runs, Barns barns, pump houses and garages.

SWIMMING POOL: An accessory structure either in ground or above ground used for swimming.

TELEPHONE EXCHANGE: A building used exclusively for the transmission and exchange of telephone messages, excluding wireless service towers.

THEATER: A building or structure dedicated to public entertainment in the form of movies or live performances.

TOWER: A structure intended to support equipment used to receive or transmit electromagnetic waves and/or to support wind turbines.

TOWN ROAD: A street or road used for vehicular traffic and accepted into the Town Road System under existing Town Ordinances.

TRANSFORMER SUBSTATION: A premises used for the distribution of electrical energy at the rate of 35 kva and higher.

TRAVEL TRAILER: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, vacations, or recreational uses with the manufacturer's permanent identification "Travel Trailer" thereon.

TRAVELED PORTION OF THE ROAD: The paved or traveled portion intended for the regular conveyance of motor vehicles.

TREE LAWN: Strips of land between the road and the sidewalks inside a development.

UNREGISTERED MOTOR VEHICLE: A vehicle which is currently unregistered but legally capable of being registered and operated on the public ways of the state.

UNUSABLE OPEN SPACE: Any part of the site area which has a slope of more than twenty-five percent (25%) or is in the floodplain or flood-prone area or is subject to periodic flooding due to subsoil conditions. Also, land area which has a high length-to-width ratio as compared to the main site, natural discontinuities in grade or heavily wooded slopes in excess of fifteen percent (15%) or is otherwise unsuitable for development.

USABLE OPEN SPACE: That part of the lot area not classified as unusable open space or which is used for or devoted to dwelling structures, driveways or parking spaces; such open space shall be at least twenty-five (25) feet in minimum dimension, shall have no more than ten percent (10%) of its area with a grade of more than five percent (5%), and shall not include floodplains and/or wetlands.

USE: The purpose for which property is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

USE, SPECIALLY PERMITTED: A use that, because of its unique characteristics, requires individual consideration through a review and permitting process by the Zoning Commission. Such a use shall be permitted only upon authorization by the Zoning Commission, provided that such uses meets certain conditions, safeguards, restrictions and review criteria laid out for specific special permits, and other applicable requirements as set forth in this chapter.

VETERINARY OFFICE AND CLINIC: Any structure where animals or pets are given medical or surgical treatment, including short-term boarding of animals when boarding is for the purpose of monitoring recovery, but not including boarding or kenneling.

WAREHOUSE: A building or premises, for storing of goods, materials and merchandise, for distribution to off-site locations.

WATER SUPPLY SYSTEM: A supply system consisting of facilities and works for supplying, treating, and distributing potable water.

WIND ENERGY SYSTEM, SMALL: A wind energy to electricity energy conversion system, not to exceed 100 KW, consisting of a wind turbine, nacelle, generator, a tower and its support structures, associated control, and conversion electronics.

YACHT CLUB, MARINA, BOAT YARD: A facility located on a parcel within five hundred (500) feet of a navigable waterway for storing, servicing, fueling, berthing and/or securing boats and may include docks, piers, moorings, and

slips, and eating, sleeping and retail facilities for owners, crew, and guests.

YARD, FRONT: The space between the building line and the front lot line, extending the full width of the lot; or in case of a corner lot, the non-developed land between a building and the front lot lines extending the full width of each frontage.

YARD, REAR: The space between the rear line of the building and the rear lot lines, extending the full width of the lot.

YARD, SIDE: The space between the building and the side lot lines, extending from the front yard to the rear yard, any yard not a front yard or a rear yard shall be deemed a Side Yard.

ZONING OFFICIAL (also known as the Zoning Enforcement Official, Zoning Officer and/or Zoning Enforcement Officer): An agent of the Zoning Commission responsible for the implementation and enforcement of its policies and regulations pursuant to Connecticut General Statutes §8-3(e) and Section 15.2 of these regulations. In the absence of a Zoning Official, the Zoning Commission may delegate, by majority vote, the authority to enforce these regulations to itself and/or to any of its members, who shall be the Zoning Official wherever referenced or specified in these regulations.

(This is a duplicate of description in §15.2)

ZONING OFFICE: The division of the Land Use Department responsible for the issuance of zoning permits, certifications of zoning compliance, and enforcement of these regulations.

SECTION 3.0: ESTABLISHMENT OF DISTRICTS

3.1 Zoning Districts

R-20 High Density Residential District 20,000 sq. ft. min.

R-40 Medium Density Residential District 40,000 sq. ft. min.

RM-40 Mobile Home Retirement Village 10 acres minimum

R-60 Low Density Residential District 60,000 sq. ft. min.

R-80 Rural Residential District 80,000 sq. ft. min.

LCVD-1 Ledyard Center Village District - 1 * * * * * * * *

LCVD-2 Ledyard Center Village District – 2 * * * * * * * *

LCVD-3 Ledyard Center Village District – 3 20,000 sq. ft. min.

MFVD Multi Family Village District 20,000 sq. ft. min.

GFDD-1 Gales Ferry Design District 25,000 sq. ft. min.

GFDD-2 Gales Ferry Design District 25,000 sq. ft. min.

RCCD-1 Resort Commercial Cluster District 200,000 sq. ft. min.

RCCD-2 Resort Commercial Cluster District 200,000 sq. ft. min.

I Industrial District 200,000 sq. ft. min.

CM Commercial Marine 40,000 sq. ft. min.

NC Neighborhood Commercial 40,000 sq. ft. min.

CIP Commercial Industrial Park 40,000 sq. ft. min.

3.2 Zoning Map

A. The boundaries of said districts shall be shown on a map entitled: "Zoning Map of the Town of Ledyard, February 21, 1992" which is on file in the Office of the Town Clerk of Ledyard. Such maps and any duly adopted revisions thereto, with the explanatory matter thereon, are hereby declared to be a part of these regulations as if fully set forth herein.

3.3 Zoning District Boundaries

A. The District boundary lines are intended generally to follow the center line of streets, and similar rights-of-way, rivers, lot lines, or town boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated. In case of uncertainty as to the true location of a District boundary line in a particular instance, the determination thereof shall be made by the Zoning Commission from the official records.

3.4 Use and Bulk Schedules

A. Schedule of Permitted Uses, attached as “Schedule A,” lists permitted uses for each District category as follows:

(1) The Schedule of Permitted Uses indicates uses that are permitted in a District, uses permitted by Special Permit and uses that require Site Plan review. Any use not specifically listed or otherwise permitted in a District herein established shall be deemed prohibited unless the Zoning Commission determines that the proposed use is substantially similar to a listed use.

(2) Any use marked “P” in the Schedule is a permitted use subject to the issuance of a building and/or zoning permit.

(3) Any use marked “S” in the Schedule may be a permitted use subject to these regulations and requires a “Special Permit” to be issued by the Zoning Commission.

(4) No entry indicates the use is not permitted.

(5) Any use marked with an asterisk (“*”) indicate that Site Plan review is required.

B. Schedule of Area and Bulk Regulations.

(1) The Schedule of Area and Bulk Regulations, attached as “Schedule B,” indicates the Lot Area and bulk dimensions for each District and diagrams providing illustrations of lot layouts and setbacks

SECTION 4.0: ZONING DISTRICT REGULATIONS

4.1 High Density Residential District (R-20)

A. Purpose. To maintain the existing higher density residential character and provide opportunities for compatible residential development and other civic uses.

B. Not more than one (1) single-family dwelling unit per lot is permitted, except on properties of fifty (50) acres or more in which one primary residence is permitted plus one additional residence for farm employees.

Note: The additional residence for farm employees is also permitted in all residential districts if there is 50 acres, not just R-20. Will this show up in the “use” table? Similarly, the letting of rooms, accessory apartments, family day care, accessory uses – are also permitted in all districts. I am assuming these (and others) will be listed in the use table.

4.2 Medium Density Residential District (R-40)

A. Purpose. To maintain the existing medium density residential development and provide opportunities for compatible residential development and other civic uses.

4.3 Mobile Manufactured Home Land Lease Community (RM-40)

A. Purpose. To help establish and maintain an adequate supply of decent, safe and affordable housing serving different types of households, specifically for older persons, as encouraged by the “Housing” Section of the Ledyard Plan of Conservation and Development, by enabling the development of large parcels of land zoned RM-40 into land lease communities for the installation, sale, and occupancy of multiple section Mobile Manufactured Homes.

4.4 Low Density Residential District (R-60)

A. Purpose. To maintain the existing low density residential development and provide opportunities for compatible residential development and other civic uses that reflect the rural character and natural resources of the Town.

4.5 Rural Residential District (R-80)

A. Purpose. To maintain the existing lowest density residential development and provide opportunities for compatible residential development and other civic uses which reflect the rural character and natural resources of the Town.

4.6 Ledyard Center Village District-1 District (LCVD-1)

A. Purpose. To encourage the development of a New England village center, identifiable as the center of the community, through the concentration of commercial businesses along a main street. The Zoning Commission of the Town of Ledyard established this village district in accordance with Section 8-2j of the Connecticut General Statutes.

B. Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

B. Design standards/guidelines shall be in accordance with Section 4.19.

4.7 Ledyard Center Village District-2 District (LCVD-2)

A. Purpose. To encourage the development of a New England village center identifiable as the center of the community, through the concentration of commercial businesses, mixed with residential uses, along a main street. The Zoning Commission of the Town of Ledyard established this village district in accordance with Section 8-2j of the Connecticut General Statutes.

B. Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

B. Design standards/guidelines shall be in accordance with Section 4.19.

4.8 Ledyard Center Village District-3 District (LCVD-3)

A. Purpose. To encourage the transition between the developed New England village center, identifiable by Mixed Uses, and the surrounding residential areas. The Zoning Commission of the Town of Ledyard established this village district in accordance with Section 8-2j of the Connecticut General Statutes.

B. Design standards/guidelines shall be in accordance with Section 4.19the Town of Ledyard Design Guidelines.

4.9 Multi Family Village District (MFVD)

A. Purpose. To encourage the development of a pedestrian-friendly village environment in Ledyard Center. The Zoning Commission of the Town of Ledyard established this village district in accordance with Section 8-2j of the Connecticut General Statutes. This District is intended to accommodate a variety of high density residential development and compatible commercial and institutional uses.

B. Design standards/guidelines shall be in accordance with Section 4.19the Town of Ledyard Design Guidelines.

4.10 Gales Ferry Design District-1 (GFDD-1)

A. Purpose. To ensure that commercial development in the Gales Ferry Design District-1 (GFDD-1) is pedestrian-friendly and is of a unified design and scale suitable to create a higher density Gales Ferry Village. In addition, the District is intended to:

(1) Require a blend of low intensity commercial, civic, and residential architectures and land uses.

(2) Require cohesive architectural and site design.

(3) Establish a coordinated pattern of land development which insures safe access and movement of pedestrians and vehicles, and which minimizes curb cuts and maximizes connections to adjacent properties.

(4) Encourage placement of primary structures closer to the street; to increase business exposure; to minimize sign clutter by reducing the need for redundant signs; to reduce traffic speeds; to discourage widening of streets and highways; and to discourage development with dominant front parking lots.

B. Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

B. Design standards/guidelines shall be in accordance with Section 4.19.

4.11 Gales Ferry Design District (GFDD-2)

A. Purpose.: To ensure that commercial and residential development in the Gales Ferry Design District-2 (GFDD-2) is pedestrian-friendly and is of a unified design and scale suitable to create a higher density Gales Ferry Village. This District is intended to provide for a mix of commercial and residential uses. In addition, the District is intended to:

(1) Require a blend of commercial, civic and residential architectures and land uses.

(2) Require cohesive architectural and site design.

(3) Establish a coordinated pattern of land development which insures safe access and movement of pedestrians and vehicles; provide adequate ingress and egress for commercial properties; and which minimizes curb cuts and maximizes connections to adjacent properties.

(4) Encourage placement of primary structures closer to the street; to increase business exposure; to minimize sign clutter by reducing the need for redundant signs; to reduce traffic speeds; to discourage widening of streets and highways; and to discourage development with dominant front parking lots.

B. Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

B. Design standards/guidelines shall be in accordance with Section 4.19.

4.12 Resort Commercial Cluster District-1 (RCCD-1)

A. Purpose. To encourage the development of recreational and tourism-oriented commercial activities; retail activities; personal service activities; and limited living facilities, while maintaining the character of the surrounding area. In addition, the District is intended to:

(1) Cluster new commercial buildings and Parking Areas on the most developable land within the District while retaining significant contiguous land areas in a natural or landscaped condition.

(2) Assure that the design of new structures, parking, accessways and landscaping is compatible with the natural features and topography of the area.

(3) Limit and control access for new development from public roads so that traffic safety is maintained and a sense of the rural landscape is retained and enhanced.

(4) Discourage uncoordinated strip commercial development consisting of small, individual, unrelated uses varying unpredictably in type, size, style, access arrangements and environmental impact. Such development is inconsistent with the maintenance of a rural appearance and maximum traffic safety.

(5) Protect surface and groundwater resources through the careful control of sewage disposal systems and storm water runoff. Require best management practices available for all land uses located in close proximity to aquifer recharge areas.

B. Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

B. Design standards/guidelines shall be in accordance with Section 4.19.

C. Traffic management.

(1) Primary access to development shall be from Pequot Trail.

(2) Secondary or emergency access from Route 214 will be reviewed based on the following:

(a) Design of access;

(b) Any proposed or necessary traffic controls;

(c) Physical features of the site;

(d) Existing traffic conditions; and

(e) Any nearby pending development.

4.13 Resort Commercial Cluster District-2 (RCCD-2)

A. Purpose.: To encourage the development of recreational and tourism-oriented commercial activities; retail activities; personal service activities; and limited living facilities, while maintaining the character of the surrounding area. This District is intended to reduce the intensity of commercial uses. In addition, the District is intended to:

(1) Cluster new commercial buildings and Parking Areas on the most developable land within the District while retaining significant contiguous land areas in a natural or landscaped condition.

(2) Assure that the design of new structures, parking, accessways and landscaping is compatible with the natural features and topography of the area.

(3) Limit and control access for new development from public roads so that traffic safety is maintained and a sense of the rural landscape is retained and enhanced.

(4) Discourage uncoordinated strip commercial development consisting of small, individual, unrelated uses varying unpredictably in type, size, style, access arrangements and environmental impact. Such development is inconsistent with the maintenance of a rural appearance and maximum traffic safety.

(5) Protect surface and groundwater resources through the careful control of sewage disposal systems and storm water runoff. Require best management practices available for all land uses located in close proximity to aquifer recharge areas.

B. Design standards/guidelines shall be in accordance with the Town of Ledyard Design Guidelines.

B. Design standards/guidelines shall be in accordance with Section 4.19.

C. Traffic management.

(1) Primary access to development shall be from Pequot Trail.

(2) Secondary or emergency access from Route 214 will be reviewed based on the following:

(a) Design of access;

(b) Any proposed or necessary traffic controls;

(c) Physical features of the site;

(d) Existing traffic conditions; and

(e) Any nearby pending development.

4.14 Industrial District (I)

A. Purpose. To encourage continuation of industrial uses and expansion of Manufacturing and Research Facilities to enhance the tax base and provide employment opportunities, consistent with the rural character and natural resource constraints of Ledyard.

4.15 Commercial Marine District (CM)

A. Purpose. To provide for the appropriate development of waterfront properties and to allow for maximum utilization of water-dependent and water-related uses.

4.16 Neighborhood Commercial District (NC)

A. Purpose. To encourage the development of small local businesses which will serve the daily commercial needs of the surrounding residential neighborhoods.

4.17 Commercial Industrial District (CIP)

A. Purpose. To allow for a mix of commercial and industrial uses which are mutually compatible and which will augment the economic tax base of the Town and the region.

SECTION 5.0: CONSERVATION SUBDIVISION DEVELOPMENTS

5.1 Applicability

A. Purpose. The purpose of this Section is to provide flexibility in clustering of residential units on areas of a project site best suited for development and to protect the remaining land as open space. The creation of open space is accomplished by permitting flexibility in the minimum lot size normally required in specific zones for residential development. The creation of a Conservation Subdivision is intended to:

(1) Protect natural streams, water supplies and watershed areas;

(2) Maintain and enhance the conservation of wildlife, natural, agricultural, or scenic resources;

(3) Promote conservation of soils, wetlands, and other significant natural features and landmarks;

(4) Enhance the value to the public of abutting or neighboring parks and unfragmented forests; wildlife preserves, nature reservations or sanctuaries, or other open spaces;

(5) Enhance public recreation opportunities;

(6) Preserve historic sites;

(7) Promote orderly efficient development; and

(8) Limit the extent of impervious surfaces and control runoff.

Conventional Subdivision Conservation Subdivision

Source: http://www.sewrpc.org/ca/conservationsubdivisions/pdfs/conservation_subdivision_design_process.pdf

B. Conservation Subdivision Developments are permitted in the R-40, R-60 and R-80 Districts, subject to Section 4.0(O) of the Town of Ledyard Subdivision Regulations, and the following conditions and exceptions:

(1) Public water or community water system and public sewer or community sewerage system shall be required for a Conservation Subdivision Development in the R-40 zone.

(2) A Conservation Subdivision Development utilizing a community water system shall not be approved unless one (1) of the following is obtained by the applicant:

(a) A Certificate of Public Convenience and Necessity has been issued pursuant to Sections 8-25a and 16-262m of the Connecticut General Statutes; or

(b) A written Water Main Extension Agreement has been approved by the public water company designated to serve the Conservation Subdivision Development.

5.2 Density and Bulk Requirements

A. Overall residential density. A residential conservation development shall not contain a total number of dwelling units which exceeds the number which could be permitted if the land were subdivided into conventional lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is located and conforming to all applicable requirements of these zoning regulations.

B. Bulk requirements. In order to encourage and enable a conservation subdivision of desirable and imaginative design and to maintain flexibility, specific controls of the bulk and lot coverage of permitted uses and public facilities are not contained in this section. Instead, it is required that the conservation subdivision be developed according to a comprehensive final plan for the overall development, as approved by the Zoning Commission and Planning Commission, which shall conform to the requirements of this chapter.

C. Open space.

(1) Each conservation development shall result in the preservation of at least 35% of the gross area of which at least 15% will be of usable open space, exclusive of streets and other paved areas, for parks, recreation, public trails, conservation, agricultural, or other open space purposes. The result shall be the maximum number of lots in a Conservation Subdivision provided the lots comply with the subdivision regulations and the Connecticut State Public Health Code.

(2) The open space shall have access, shape, dimensions, character, location, and topography suitable for the purpose intended as approved by the Zoning Commission and Planning Commission. In determining which land is to be preserved as open space, the natural and scenic qualities of the site shall be taken into consideration, as well as the ecological significance of the site and its utility as an open space.

(3) The open space shall be shown on the plat map and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space into perpetuity.

(34) The applicant shall submit sketch layouts for both conventional subdivision and conservation subdivisions to determine the number of conventional lots, which could be permitted if the land were subdivided in accordance with all applicable regulations of the Zoning Regulations and Subdivision Regulations.

(54) The Zoning Commission or the Planning Commission may at its own An applicant may discretion require an applicant be required to submit sketch layouts for both conventional subdivision and conservation subdivision. After review of the conventional and conservation site layouts, the Zoning Commission or theCommission Planning Commission may at its discretion require the applicant to provide a conservation subdivision if it is determined that the conservation subdivision would be consistent with the objectives set forth herein.

SECTION 6.0: SITE PLAN REVIEW

6.1 Site Plan Review

A. Purpose. To ensure that buildings and structures shall be situated so that they will comport with the purpose of these regulations, the Zoning Commission shall inspect and approve or disapprove within sixty-five (65) days of receipt site layout plans of all proposed buildings/structures, major filling, excavating or relocating of soil or rocks.

B. Applicability.: Site Plan is required as indicated in Schedule A and as part of the Special Permit review process in accordance with Schedule A and Section 7.0 of these regulations.

C. Exemption. Site Plan approval shall not be required for:

(1) Any allowed temporary use.

(2) Any detached Single-Family Dwelling less than three thousand (3,000) square feet in the R-20 District.

(3) Any detached Single-Family Dwelling less than three thousand five hundred (3,500) square feet in the R-40 and R-60 Districts.

(4) Any detached Single-Family Dwelling less than four thousand (4,000) square feet in the R-80 District.

D. Conformance. Where Site Plan approval is required by this Section, no Certificate of Zoning Compliance will be issued by the Zoning Official until such Site Plan is approved by the Zoning Commission and any conditions attached thereto have been satisfied.

6.2 Application Procedures

A. Complete Site Plan development packages as specified by these regulations, for each site development, must be submitted to the Zoning Official no later than 3:30 p.m. five (5) working days before a regular scheduled Zoning Commission meeting in order to be considered during that meeting, in accordance with Section 15.10 of these regulations. The official date of receipt shall be the day of the next regularly scheduled meeting of the Zoning Commission in accordance with Connecticut General Statutes §8-7d(c).

B. A Site Plan application fee, as specified in the current Town of Ledyard adopted fee schedule, shall be paid prior to the initial review of the application.

C. In the case of a use conversion, which does not require additional construction or site modifications, or in the case of minor changes requiring a building permit, the Zoning Commission may determine that the Site Plan application procedures outlined herein are not applicable. This determination shall be made by the Zoning Commission, in writing, after receipt of a recommendation from the Zoning Official.

6.3 Review Procedures

A. The Zoning Official shall review all Site Plans for compliance with the regulations prior to the Site Plans being reviewed by the Zoning Commission.

B. The Zoning Commission shall review and approve or disapprove all Site Plans within sixty-five (65) days of receipt, unless an extension of time is granted. The Zoning Commission’s disapproval shall include written findings on any Site Plan element found contrary to either the provisions or intent of these regulations.

C. The Zoning Commission, in approving any Site Plan, may require, as a condition of said approval, the applicant to post satisfactory surety in order to assure satisfactory completion of and full compliance with all proposed improvements, not including buildings, shown on the approved Site Plan and other approved documents.

D. Revisions or modifications to preexisting Site Plans shall be considered as a new application and such revisions shall comply with current regulations. In the event of a proposed minor amendment to a previously approved Site Plan, the

Zoning Commission, upon recommendation from the Zoning Official, may determine that the application fee for an amended Site Plan review is not required.

6.4 Recording of Plans; Expiration

A. Prior to commencement of construction, Site Plans shall bear upon them a seal of a Connecticut Licensed Professional Engineer or Land Surveyor and shall be recorded in the Town of Ledyard Zoning Department Office and a Notice of Action obtained upon approval.

B. Any approved Site Plan for which construction is commenced, or which is not otherwise put into effect within a period of five (5) years from the date of approval, shall become null and void unless an extension of term is applied for by the applicant and granted by the Zoning Commission. In accordance with Connecticut General Statutes §8-3(i), the total extension or extensions shall not exceed ten (10) years from the date such Site Plan was approved.

6.5 Site Plan Requirements

A. For all uses requiring Site Plan approval, the plans shall illustrate the proposed development of the property and shall satisfy the following requirements:

(1) The Site Plan shall be drawn at a scale of one inch (1”) equals forty feet (40’), or another scale as may be approved by the Zoning Commission, and shall include the following information:

(a) The name and address of the applicant and owner of record as listed on the Town's tax roles.

(b) Date, north arrow, and a numerical and graphic scale on each map.

(c) A brief written description of the proposed use or uses and the type of work proposed.

(d) A table or chart indicating the proposed number or type of uses, Lot Area, lot width, yards, building height, coverage, floor area, parking spaces, existing and proposed impervious cover, landscaping, and Non-Developed Land or buffer areas as they relate to requirements of the zoning regulations.

(e) The address of the property and/or parcel identification number.

(f) Signed permission authorizing the Zoning Commission, the Zoning Official and/or Town staff to complete a site walk of the property. Site walks are to be completed at the discretion of the Zoning Commission.

(g) Signature block for the Zoning Commission Chairman:

_________________________ ____________________________

(DATE) (CHAIRMAN/VICE-CHAIRMAN)

(h) A location map providing an accurate scale map at one (1) inch equals one thousand (1,000) feet showing the subject property and all property and streets within 1,000 feet of any part of the subject property, including all lots and lot lines, all District boundaries, and all existing streets and roads. The location map may be included on other plan sheets.

(i) An accurate class A-2 survey of the entire property and all improvements prepared by a Land Surveyor licensed in the State of Connecticut or professional Licensed Professional Engineer.

(2) The following property details shall be included:

(a) The boundaries of the property.

(b) Location, width and purpose of all existing and proposed easements and rights-of-ways on the property.

(c) Existing and proposed contours with intervals of two (2) feet, referred to NGVD 29 or NAVD 88 datum

(d) Location of all existing wooded areas, watercourses, flood hazard areas, wetlands as confirmed by a certified soil scientist, rock outcrops, and other significant physical features.

[1] Where appropriate, the mean high water line, the flood hazard boundaries, and the channel encroachment line should also be shown.

[2] If an inland wetlands and watercourses permit is required, an application to the wetlands agency shall be made prior to, or the same day, as the zoning permit is requested.

(e) Adjacent properties and buildings within five hundred (500) feet of the applicant's property lines, as shown by the Town of Ledyard’s GIS system.

(3) Buildings and Uses:

(a) Location, design and height of all existing and proposed buildings and structures, signs, fences, walls and any other structures as may be appropriate for the design districts.

(b) Location of all existing and proposed uses and facilities not requiring a building, such as tanks, light standards, dumpsters, transformers, tennis courts, benches and such.

(4) Parking, Loading, and Circulation:

(a) Location, arrangement and dimensions of automobile parking spaces, aisles, vehicular drives, fire lanes, entrances, exits and ramps.

[1] Any use of property which can reasonably be expected to generate large volumes of traffic may be required by the Zoning Commission to provide for entrances to and exits from the property by way of an adjacent and less traveled public highway, or frontage road, in lieu of direct access from and to a major or more heavily traveled public highway.

[2] Site Plans must include a plan for interconnections to adjacent properties, including a plan to reserve land for any future connections.

[3] Any permit may be denied by the Zoning Commission if proposed access to a public highway is deemed to create a hazardous condition, or when the expected traffic to be generated from the proposed use of property is considered cumulative with existing traffic conditions, and is deemed to cause or to worsen hazardous conditions so as to imperil public safety.

[4] On each individual application, the Zoning Commission will consider the design of access, any proposed construction designs peripheral to access and related to traffic control, existing traffic conditions and any adjacent nearby pending development.

[5] The Zoning Commission may require certain minimum sight line distances depending on present traffic conditions and upon existing posted speed limits by the State of Connecticut Department of Transportation and survey average vehicular speeds.

(b) Location, arrangements and dimensions of loading and unloading areas.

(c) Location and dimensions of pedestrian walkways, entrances, and exits.

(d) Surface treatment of all parking and loading areas.

(5) Non-Developed Land and Landscaping:

(a) Percentage, size, arrangement, uses, and dimensions of all Non-Developed Land of the site.

(b) Location, layout, type, and size of all buffers, landscaping, plant materials, fencing and Screening materials proposed.

(c) Location of existing trees with a trunk caliper of more than six (6) inches, except in densely wooded areas where the foliage line shall be indicated.

(6) Signs and Lighting:

(a) Location, size, height, orientation, and plans of all signs.

(b) Location, size, height, orientation, and design of all outdoor lighting.

(7) Utilities:

(a) Location and design of all existing and proposed electric, telephone and gas lines, sewage disposal systems, storm water drainage, water supply facilities, and refuse collection areas, including provisions for recycling, wells, and septic systems.

(b) Drainage: Stormwater control measures shall be provided for impervious surfaces within the site, either as stipulated below or in other situations.

[1] All stormwater control measures shall be approved first by the appropriate Town of Ledyard staff member, and second by the Zoning Commission.

[2] All storm drainage for proposed commercial development in which the combined square footage of roofs, paved Parking Areas and other impervious surfaces exceeds ten thousand (10,000) square feet shall be designed in accordance with, and subject to, the provisions of the Drainage Ordinance of the Town of Ledyard.

(8) Sedimentation and Erosion control measures.:

(a) A Site Plan will be required for all filling, excavating or relocating of soil or rock on any lot that is not part of an approved construction site of a permitted building, a farming operation, or any other exempt activity as permitted by these regulations and any amendments thereto.

[1] Site Plan will be required for all major filling, excavating or relocating of soil or rocks on any lot. Major filling, excavating or relocating is defined as the movement of two hundred (200) cubic yards or more to, on, or from any lot. A permit authorizing such work shall be issued by the Zoning Commission for a period of twelve (12) months and may be renewed.

[2] Minor filling, excavating or relocating is defined as the movement of two hundred (200) cubic yards or less, to, from, or on any lot. A permit authorizing such work shall be obtained from the Zoning Official for a period of twelve (12) months and may be renewed.

(b) The Site Plan shall detail areas to be altered, denoting any existing drainage routes and/or changes to these routes.

(c) Existing topography shall be disturbed to a minimum.

(d) Wherever possible, trees shall be preserved.

(9) Staging Plan. In cases where the applicant wishes to develop in stages, an overall site and staging plan indicating ultimate development shall be submitted.

(10) Architectural Plans. The applicant shall submit Preliminary Architectural plans showing all proposed buildings and structures, at a minimum scale of one inch (1”) equals eight feet (8’), illustrating all exterior wall elevations, indicating floor heights, fenestration, roof top mechanical equipment and building materials.

B. Any proposed work within ten (10) feet of an easement shall be approved by the easement holder prior to approval by the Zoning Commission or its agent.

C. The Town will notify the clerk of the adjoining municipality by certified mail for any petition, application, request or plan of any project on any site in which:

(1) Any portion of the property affected by a decision is within five hundred (500) feet of the boundary of the adjoining town.

(2) A significant portion of the traffic to the completed project on the site will use streets within the adjoining town to enter or exit the site.

(3) A significant portion of the sewer or water drainage from the project on the site will flow through, and significantly impact, those systems within the adjoining town.

6.6 Additional Site Plan Requirements by District

A. Mobile Manufactured Home Land Use Community District (RM-40):

(1) In addition to the usual Site Plan requirements, the application shall include:

(a) Storm drainage plan including water runoff in and about the roadways and sites;

(b) Sanitary sewer plan, including:

[1] A written report on the suitability of the property for individual or community on-site subsurface sewage disposal shall be submitted as part of the application.

[2] Soil tests shall be required in accordance with the Public Health Code of the State of Connecticut.

[3] The results and date of the soil tests shall be included in the written report and the proposed systems and reserve areas shall be shown on the site layout map.

[4] However, soil tests shall not be required if the Mobile Home Land Lease Community will be serviced by a municipal sewer facility.

(c) Water source, water treatment, isolation valve locations, sampling spigot locations and distribution plan.

(d) Community lighting plan.

(e) Electrical distribution plan.

(f) Cable distribution plan.

(g) Roadways.

(h) Pathways.

(i) Street names.

(j) Site numbering and size, style, and location of each site number for compliance with 911 requirements.

(k) Fire hydrants (if any).

(l) Sidewalks (if any).

(m) A general landscape design overview approach including a detail representative landscape proposal for one (1) (or more) homes and home sites, a detail landscape proposal for each community entrance, and a detail landscape proposal for the Community Center, if any.

(n) Common area, site, perimeter, dumpster, and RV storage Screening.

(o) All signage (including, as appropriate, community entrance(s), Office, sales, parking, traffic control and direction, street names, "private property," "no soliciting," and "no trespassing" signs.

(p) Refuse and recycling management plan.

(q) Dumpster size and location(s), if any.

(r) Mail and newspaper delivery plan (on site vs. central structure).

(s) Parking plan including on-site, guest, and RV parking.

(t) Public facilities, if any.

(u) The lease lines for each site, the address of each site, parking for each site, the Screening for each site, and the orientation footprint of each proposed Mobile Manufactured Home when installed on each site.

(v) Descriptions of any significant facilities and services that will be provided by the land lease community owner which are designed to accommodate the needs of older persons.

(w) The location, design, and size of the Mobile Manufactured Home land lease community bulletin board required for the posting of the Community Rules and Regulations.

(x) The identification of a sales office and/or community management office, if any.

(2) Public Hearing. The applicant must attend a public hearing to be held in accordance with the requirements of Section 15.8 of these regulations. The applicant, at the public hearing, shall explain the rationale and benefits for his proposed community design, lease site sizes, roadway design, parking design, lighting design and home orientation proposed for each lease site, and how his design achieves the purpose and requirements of this Section.

B. Industrial District (I):

(1) In addition to the usual Site Plan requirements, the application shall include:

(a) Statement of Use: A written statement, signed by the applicant, and by the owner if different from the applicant, describing the nature and extent of the proposed use or occupancy in sufficient detail to determine compliance with the use provisions of these regulations.

(b) Written reports concerning the following:

[1] Sewage Disposal

[a] A written report, submitted to the Director of Health or his agent for written approval, prior to submission to the Zoning Commission.

[b] The report shall contain the location and results of all test pits and percolation tests dug on the site.

[c] These tests shall be conducted in conformance with the Public Health Code of the State of Connecticut.

[2] Potable Water Supply:

[a] A licensed water analyst shall perform such chemical, bacteriological or other analyses or tests which meet the water standards established by the Public Health Code of the State of Connecticut.

[b] Results of all water tests shall be submitted to the Zoning Commission after review by the Director of Health or his agent.

[3] Fire Protection:

[a] The applicant shall identify the source of water for fire protection, and shall where necessary, after consultation with the Fire Marshal, provide a fire well, fire pond, water tank, or other source of adequate water for fire fighting purposes.

[b] The design, location, and construction of any water supply for fire fighting purposes must be approved by the Zoning Commission.

[4] Traffic Generation:

[a] For all new industrial development, a report of the estimated amount and type of vehicular traffic to be generated on a daily basis and at peak hours; and

[b] The estimated number of persons to occupy or visit the premises on a daily basis, including parking and loading requirements for the proposed use or uses.

[5] All other plans and reports required under these regulations, , including but not limited to the following:

[a] Coastal Site Plan, where applicable.

[b] Special requirements for flood hazard areas.

[c] Soil Erosion and Sediment Control Plan, under Section 12.2.

[d] Aa listing of any permits required from any state and/or federal agencies, and the status of such permit applications.

SECTION 7.0: SPECIAL PERMITS

7.1 Purpose and Authority

A. Special Permits are required for uses that may necessitate a more intensive review in order to assure that the purpose of these regulations will be achieved.

B. The Zoning Commission, or the Zoning Official as the Zoning Commission’s agent, may grant a Special Permit if, after a public hearing held in accordance with the General Statutes of the State of Connecticut and Section 15.8 of these Regulations, it finds that such uses shall conform to the requirements of this Section and Schedule A of these regulations.

7.2 Application for Special Permit

A. Applications for a Special Permit shall be made in writing to the Zoning Commission and shall include the following:

(1) Written statement describing the proposed use or uses.

(2) A Site Plan and location map in accordance with Section 6.0 and a location map in accordance with Section 6.5 of these regulations.

(3) A sketch plan indicating the boundaries of the property, the location and height of all buildings and uses, the location and arrangement of parking and loading spaces, the location and description of all Non-Developed Land, Screening and Buffer Strip.

(4) An application fee. All applications shall be accompanied by a fee, in accordance with the fee schedule adopted by the Zoning Commission, to cover the cost of administration. Said fee shall be paid at the time of filing the application.

(5) Such other information, as the Zoning Commission may require, to determine compliance with the intent and purpose of these regulations.

(6) All applications must be filed with the Zoning Official no later than 3:30 p.m. five (5) working days before a regular scheduled Zoning Commission meeting in order to be considered during that meeting, in accordance with Section 15.10 of these regulations.

7.3 Special Permit Objectives

A. In evaluating a Special Permit, the Zoning Commission shall take into consideration the health, safety and welfare of the public in general, and the immediate neighborhood in particular, and may prescribe reasonable conditions and safeguards to insure the accomplishment of the following objectives:

(1) Harmony with Development.: That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the District in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

(2) Traffic Circulation.: That the location and size of such use, the nature and intensity of operations involved in connection to the use, its site layout, and its relation to access streets shall be such that both pedestrian and vehicular traffic, and the assembly of persons in connection with the use, will not be hazardous or inconvenient, or incongruous with, any Residential District or conflict with the normal traffic of the neighborhood.

(3) Impact on Environment.: That the location and size of such use, the nature and intensity of operations involved in connection therewith, and the site layout and development will not have a negative impact on any environmental and natural resource areas on or adjacent to the site or within the neighborhood.

7.4 Public Hearing

A. The Zoning Commission shall hold a public hearing on the applications for a Special Permit in accordance with Section 15.8 of these regulations.

7.5 Conditions of Approval

A. The Zoning Commission shall grant an application for a Special Permit if it determines, after a public hearing, that the proposed use or uses are permitted uses and that the proposed plans conform to the standards specified herein.

B. In approving a special permit, the Zoning Commission may set or impose time periods or limits on the permit or require a periodic renewal of the permit without a public hearing. In the event an appeal is taken, directly or indirectly, from the Commission’s approval of a special permit, then the time period shall commence on the date of final resolution or disposition of such litigation. Expired special permits shall be considered null and void and of no effect.

C. All requirements set forth herein are in addition to the requirements for any permitted use in the District in which it is a regularly designated use.

7.6 Revocation

A. Any Special Permit shall be subject to a Notice of Violation, Cease and Desist Order, Zoning Citation, and/or temporary or permanent revocation by the Zoning Commission or Zoning Official if there is non-compliance with the approved Site Plan or zoning regulations, or non-compliance with any conditions or safeguards imposed by the Zoning Commission for said permit are not strictly adhered to by the applicant and/or present or future holders of the Special Permit.

7.7 Amendments or Modifications

A. Applications for amendments or modifications to previously approved Special Permits necessitated by site conditions, or which are in the public interest, shall be made in the same manner as the original application; except that amendments or modifications which are deemed by the Zoning Official to be of a minor nature and do not materially alter the Special Permit may be approved by the Zoning Commission without a public hearing.

SECTION 8.0: SUPPLEMENTAL REGULATIONS

8.1 Accessory Buildings

A. Accessory Buildings with a floor space larger than fifty (50) square feet require a permit.

B. A building attached to the principal building by a covered passageway, or having a wall or part of a wall in common with it shall be considered an integral part of the principal structure and not an Accessory Building.

C. Accessory Buildings, exclusive of Barns, shall not exceed twenty (20) feet in height.

D. In Residential Districts, Accessory Buildings shall be located in Rear Yards or in Side Yards and are prohibited in Front Yards. Accessory Buildings used primarily for the storage of passenger vehicles may be located no closer to the street than the principal structure or the minimum front-yard setback for the zone, whichever is least restrictive.

E. When located in a Side Yard, an Accessory Building shall be situated no closer to a side lot line than the minimum width required by a Side Yard for a principal building. When located on a corner lot, an Accessory Building shall be no closer to a side street lot line than the least depth of any Front Yard required along such street. No Accessory Building located in a Rear Yard shall be closer to a lot line than six (6) feet. When a lot fronts on two (2) parallel streets, any Accessory Building shall be located on the one-third (1/3) of the lot furthest from both streets.

F. Hoop Houses:

(1) Hoop Houses shall not be permitted in the Ledyard Center Village Districts (LCVD-1, LCVD-2, LCVD-3 and MFVD) or the Resort Commercial Cluster Districts (RCCD-1, RCCD-2), or the Gales Ferry Design Districts (GFDD-1, GFDD-2).

(2) Hoop Houses shall not have a permanent foundation, be easily movable, and intended to be only a temporary or interim structure.

(3) A Hoop House shall not be permitted in any location unless it is secondary or accessory to a permanent principal structure.

(4) In Residential Districts, a Hoop House is permitted, provided that it shall be located in a Rear Yard, meets setback requirements, and cannot be viewed from the street directly in front of the house.

(5) In other Districts, Hoop Houses shall be permitted if the Lot Coverage by existing buildings, Accessory Building, plus the membrane-covered frame structure do not exceed forty percent (40%) of the total Lot Area.

(6) Hoop Houses shall not be located in a manner that will cause a reduced number of available parking spaces for customers, vendors, or employees.

(7) No person shall occupy a Hoop House as a temporary or permanent residence.

(8) Hoop Houses shall not be used for storage of hazardous materials.

(9) All Hoop Houses shall be anchored, and require a Zoning Permit and a Certificate of Zoning Compliance.

(10) The permit application shall include the brand, manufacturer, model, size (length, width, height), membrane material, membrane thickness, warranty, certification of condition, and location on the site of the membrane-covered frame structure.

(11) A damaged or deteriorated membrane covering shall be repaired or replaced.

8.2 Assisted Living for Seniors

A. Purpose.: To provide community living and a semi-independent lifestyle for residents, at least one (1) of whom is a person fifty-five (55) years of age or older. The design and development of the facility shall meet the special and unique needs of the elderly and shall provide for their safety, health and general welfare.

B. Assisted Living for Seniors, as defined in these zoning regulations, is permitted in accordance with Schedule A: Permitted Uses, as a Special Permit, provided that the requirements of Section 7.0 “Special Permits” and the following regulations are met:

(1) The facility minimum lot area shall be 3,000 square feet per dwelling unit.

(a) A common dining room and kitchen facilities for the preparation of meals for the exclusive use of residents and their guests.

(b) Each resident with at least one (1) nutritious meal each day.

(c) Periodic on-going health monitoring by licensed medical staff.

(2) The minimum floor area shall be 300 square feet per dwelling unit.

(3) Community areas, or areas suitably equipped to meet the social interaction and leisure time needs of the residents. The space shall include social interactive areas as well as individual interactive areas. The community areas shall be conducive to activities such as conversational seating, areas for reading, television viewing, table games, as well as space and equipment for the other recreational and social activities.

e) A stated program of services with a staff provided to carry out such program.

(f) Transportation services.

(g) Laundry facilities provided for the use of occupants/residents only.

(4) Garage or Parking Areas, open or covered.

(i) Administrative offices, maintenance, utility, laundry, equipment areas and storage associated with and secondary to the operation of the facility or the needs of the residents.

(5) Internal services shall be for occupant/resident use only.

(6) Parking shall be in accordance with Section 10.0.

(7) A management plan shall be submitted. This management plan shall describe and guarantee, to the satisfaction of the Zoning Commission the perpetual maintenance and replacement of commonly-owned facilities and property, as well as any dwelling units.

C. Permitted Accessory Uses. The following Accessory Uses are permitted provided they are compatible with, and subordinate to, the Assisted Living for Seniors facility They shall primarily serve the residents, guests of residents, visitors, and employees:

(1) Medical, health care and social services offices, and health, therapy and rehabilitation facilities.

(2) Common Dining Area.

(3) Pharmacy.

(4) Laundry Services.

(5) Emergency Services.

(6) Personal Service Establishments.

(7) Chapel/religious services.

(8) Recreational Facilities.

(9) Shuttle bus or van service, exclusively for the residents, guests of residents, and employees of the Assisted Living for Seniors facility.

8.3 Bed and Breakfasts

A. Purpose: To allow for the offering of overnight accommodations and breakfast to travelers for a fee where an existing home has unique structural or site characteristics which lend themselves to a Bed and Breakfast-type setting. It is not the intent of these regulations to allow Bed and Breakfast establishments in conventional residential developments or subdivisions. It is the intent of this Section to insure that Bed and Breakfast operations do not infringe upon the privacy, peace, and tranquility of surrounding residents or decrease the aesthetic or real value of surrounding properties.

B. Bed and Breakfast, as defined in these zoning regulations, are permitted in accordance with Schedule A: Permitted Uses, as a Special Permit, provided that the requirements of Section 7.0 “Special Permits” and the following regulations are met:

(1) The applicant shall provide written confirmation from the designated official of the Ledge Light Health District that all requirements of the Public Health Code, as they apply to Bed and Breakfasts, will be met.

(2) The applicant shall provide written confirmation from the Ledyard Building Official that all requirements of the Town of Ledyard Building Code, as they may apply, will be met.

(3) The applicant shall provide written confirmation from the Ledyard Fire Marshal that all requirements of the Connecticut Fire Codes, as they apply, will be met.

(4) Maximum length of stay per guest is (twenty-one) 21 days.

(5) Bed and Breakfasts must be owner-operated and the Bed and Breakfast establishment must be the principal residence of the owner. The applicant must be the owner at the time of application.

(6) Parking shall be in accordance with Section 10.0.

(7) A maximum of five (5) guest rooms will be allowed.

(8) The lot on which the Bed and Breakfast is located must consist of a minimum of five (5) acres.

(9) Signs shall be in accordance with Section 9.0.

(10) The proprietor may serve meals to guests only. A public dining room and/or bar is prohibited.

8.4 Apartments/Condominiums

A. Apartment/Condominium complex are permitted in High Density Residential (R-20) and Medium Density Residential (R-40) Districts.

B. Apartment/Condominium complex may consist of multiple buildings and shall not be permitted on lots of less than five acres.

C. Density. The permitted density for an Apartment/Condominium complex shall be determined as follows:

(1) No public sewers. A maximum of two (2) two-bedroom or four (4) one-bedroom units per acre may be permitted.

(2) Public sewers. An average net density of four (4) two-bedroom or eight (8) one-bedroom units per acre may be permitted.

(3) Age restricted housing developments. A maximum of four (4) three-bedroom units per acre.

(4) No apartment/condominium complex shall contain more than forty-eight (48) dwelling units.

(5) No building shall contain more than eight (8) dwelling units, which shall be the maximum number permitted per acre; except that a building shall contain no more than thirty-two (32) dwelling units when the following criteria are met:

(a) At least fifty percent (50%) of the units are affordable housing, as defined in CGS §8-39a, with income and rent or sale price limits;

(b) Restrictions, consistent with CGS §8-39a, are recorded in the Land Records, maintaining the affordability for at least thirty (30) years;

(c) Occupancy for units in the project requires at least one (1) person age fifty-five (55) or older, and no persons under age eighteen (18) or younger are permitted;

(d) Common spaces for socializing and gathering are provided in the building;

(e) The building is fully accessible to persons with disabilities, including installation of an elevator if on more than one (1) floor; and

(f) Parking is provided at a minimum rate of 1.25 spaces per dwelling unit, which shall take precedence over the minimum requirement in Section 8.4(H) of these regulations.

D. Water and Sewer.

(1) A community water system shall be provided.

(2) A written report from the State Department of Health endorsed by the Town Director of Health shall be submitted to the Zoning Commission concurring with the adequacy of plans for the proposed water and sewage disposal facilities.

E. Minimum floor size. All apartment/condominium units shall have no more than two (2) bedrooms. One (1) bedroom units shall contain a minimum of 540 square feet, not to exceed 650 square feet of habitable living area. Two (2) bedroom units shall contain a minimum of 750 square feet of habitable living area.

F. Buffer and Open Space:

(1) Open space shall be provided on the basis of one (1) acre per eight (8) dwelling units, or portion thereof, for parks or playgrounds. The location of such areas shall be approved by the Zoning Commission in accordance with Section 12.4 of these regulations.

(2) A buffer strip of fifty (50) feet around the entire perimeter of such complex shall be left in its natural wooded state or planted with at least two (2) staggered rows of fir trees or landscaped in some other manner approved by the Zoning Commission. Buffer strips shall contain no parking areas or buildings. Other structures, such as well, site utilities, recreation facilities, drainage facilities may be allowed by the Zoning Commission within the buffer area. This determination will be made by the Zoning Commission after revaluating adjacent land use proposed or actual; the Zoning Commission is satisfied that adequate screening is provided; and, in the Zoning Commission’s opinion, the structure, it’s location, and/or it’s use will not adversely effect the buffering intent of the overall project;

(3) No building shall be erected within fifty (50) feet of a property line.

G. Screening. The amount of screening required for these structures, within fifty (50) feet of the property line, will be determined by the Zoning Commission, who will take into consideration existing topography and foliage, the structure’s use, location, size and aesthetic impact on the adjoining properties, and the use of adjoining properties.

H. Off-street Parking. Off-street parking shall be provided at the rate of 400 square feet of parking area per dwelling unit.

I. The Commission may require the posting of a bond under the conditions noted in Section 15.6.

8.5 Country Inn

A. Purpose: To allow for the offering of overnight accommodations and meals to overnight guests. A secondary purpose is to provide a venue for corporate meetings, retreats, and social events. The Country Inn shall not be operated as a restaurant open to the general public in Residential Districts. In addition, the following shall be considered:

(1) The characteristics of the property, structures, and setting that will comprise the proposed Country Inn operation will be given considerable weight in the Special Permit approval process.

(2) Adaptive reuse of properties containing historic structures or within historic districts is encouraged. Historic structures are those recognized by the town or the state (evidenced by a listing in the Historic Resources

Inventory filed with the Connecticut Historical Commission) and/or listing on the National Register of Historic Places. This documentation will be a significant factor for consideration in the approval process.

(3) The Country Inn should be located on an arterial or collector road as designated by the Planning Commission, as incremental increases in traffic due to the operation are easily absorbed on these roads and will not likely to be used by children at play.

(4) The relationship of the property and its structures to neighboring properties shall be compatible with the residential characteristics of the area. Country Inn establishments are not permitted in residential developments or subdivisions. County Inn operations shall not infringe upon the privacy, peace, and tranquility of surrounding residents nor decrease the aesthetic or real value of surrounding properties.

B. Country Inn operations as defined in these regulations are permitted in accordance with Schedule A as a permitted use or by Special Permit, provided that the requirements of Section 7.0 “Special Permits” and the following regulations are met:

(1) The applicant shall provide written confirmation from the designated official of the Ledge Light Health District that all requirements of the Public Health Code, as they apply to Country Inns will be met.

(2) The applicant shall provide written confirmation from the Ledyard Building Official that all requirements of the Basic Building Code, as they may apply, will be met.

(3) The applicant shall provide written confirmation from the Ledyard Fire Marshal that requirements of the Connecticut Fire Codes, as they apply, will be met.

(4) Maximum length of stay per guest is (twenty-one) 21 continuous days.

(5) Country Inns must be owner-operated and the Country Inn must be the principal residence of the owner. The applicant must reside on the property at the time of application.

(6) Structures and Site Modifications and Additions:

(a) Where modifications to existing Country Inn structures or uses are planned, the structures must be individually approved by the Zoning Commission for Country Inn operations.

(b) Where existing structures not used in current Country Inn operations are adapted for reuse as part of a Country Inn, each structure must be separately approved by the Zoning Commission.

(c) Exceptions or modifications to building or fire codes granted because of the historic nature of one (1) structure do not necessarily apply to another structure that is being adapted for reuse. Similarly, exceptions and modifications granted to one (1) structure do not lapse because of code requirements for another structure.

(d) One (1) new structure for use in Country Inn operations may be added to each property, for a maximum of two (2) structures per property for Country Inn operations.

(e) Reuse of existing structures, including construction of new additions or structures must be designed to architecturally complement the historic property and enhance the setting. Architectural designs must be submitted with the application and approved by the Zoning Commission. These designs shall not create the look of a Hotel or Motel, regardless of proposed architectural style.

(7) The parcel or lot on which the Country Inn is located shall consist of a minimum of six (6) acres.

(8) A maximum of thirty-two (32) overnight guests will be allowed in two (2) structures, a maximum of sixteen (16) overnight guests per structure.

(9) The dining and lodging facilities of the establishment shall be under common ownership and management.

(10) Indoor dining facilities seating capacity shall be limited to a maximum of sixty-four (64) seats.

(11) Parking shall be in accordance with Section 10.0.

(12) Signs shall be in accordance with Section 9.0.

8.6 Farm Stands

A. Purpose.: To allow the sale of seasonal agricultural and farm products grown on the farm where the Farm Stand is located or that is grown on other local farms.

B. Farm Stands, as defined in these regulations as an accessory building to a farm, are permitted in accordance Schedule A: Permitted Uses, provided the following regulations are met:

(1) The building or structure is not to exceed a gross floor area of two hundred (200) square feet.

(2) The Farm Stands shall be on private property setback at least ten (10) feet from the paved roadway surface and at least fifty (50) feet from any intersection.

(3) No more than one (1) Farm Stand shall be permitted on a farm.

(4) Signs shall be in accordance with Section 9.0.

(5) The reduced applicable setback distances and locations unique to accessory Farm Stands shall revert to the same setback distances and locations applicable for storage sheds in the event a Farm Stand remains unused for any continuous twelve (12) month period.

8.7 Home Husbandry

A. Purpose.: To permit the keeping of certain types of Livestock and/or Poultry for personal and/or educational use where site specific characteristics of a proposed area are compatible with such a use.

B. Home Husbandry shall be permitted as an Accessory Use in Residential Districts that are not farms provided the requirements of Section 7.0 “Special Permits” and the following regulations are met:

(1) Such activities shall comply with all applicable local, state, and federal health, air and water pollution regulations.

(2) Additional Special Permit Requirements:

(a) No person shall keep or maintain Livestock and/or Poultry in Residential Districts that are not Farms without first obtaining a Special Permit from the Zoning Commission after a public hearing. Farms and farming are exempt from these Home Husbandry regulations.

(b) Application for the Special Permit shall be made in writing by the owner of the land on which the Livestock and/or Poultry are to be kept and upon forms furnished by the Zoning Official. Each application for a permit will contain a sketched drawing to scale showing:

[1] Boundary lines, dimensions, name(s) of record owner(s), District, and area of applicant property and adjacent properties within five hundred (500) feet of applicant property.

[2] The amount of contiguous area available to keep the Livestock and/or Poultry.

[3] The location of all wetlands and watercourses on applicant's property and abutting properties as defined by a soils scientist and located/plotted by a licensed Land Surveyor.

[4] The location of existing or proposed on-site utility systems including wells, septic tanks and leaching fields for applicant property and abutting properties.

[5] The location, type and size of fences and shelters to be used for animal keeping.

[6] The distances from fences and shelters to property lines, streets, houses on abutting properties and wells on applicant and abutting properties.

[7] The total number and type of Livestock and/or Poultry to be kept.

(c) The Zoning Commission shall inspect or have inspected the premises before issuing a Special Permit to insure that the land is capable of Livestock and/or Poultry keeping in accordance with the requirements of this Section. The Zoning Commission may consult with any agency as it deems appropriate for assistance in application review and property inspection.

(d) The Special Permit shall be of indefinite duration, but subject to revocation for violation of any section of these regulations or failure to keep current information required by Section 7.0 “Special Permits” or for good cause.

(3) Livestock and/or Poultry kept for personal use must be owned by residents or owners of the premises on which they are kept.

C. Standards for Livestock and/or Poultry Keeping:

(1) Confinement:

(a) An appropriate shelter shall be provided for the keeping of Livestock and/or Poultry.

(b) An appropriate fly and rodent proof container or structure for manure and bedding waste storage shall be provided and maintained so as to prevent run-off to adjacent lots or to watercourses.

(2) Setback:

(a) Setback distances between any shelter housing Livestock and/or Poultry shall be a minimum of: seventy-five (75) feet from any well located on applicant property and abutting properties, seventy-five (75) feet from any street line, or behind rear Building Line if applicable, forty (40) feet from any property line, and, one hundred (100) feet from any house upon property other than the applicant’s. Setback distances for yard area shall be a minimum of twenty (20) feet from property lines.

(b) The Zoning Commission may require greater setback distances as it deems appropriate in insuring public welfare.

(3) Health:

(a) The living quarters of the Livestock and/or Poultry and the handing and disposal of solid and liquid wastes must not create a public health hazard or have an adverse effect of the environmental quality of the surrounding area and the community in general as determined by local and state health officials, the Zoning Commission, or the Zoning and Inland Wetlands and Water Course CommissionOfficer.

(b) No condition shall be created that will adversely affect the performance of sewage disposal systems or water supplies located on the property or adjacent properties.

(c) No persistent, offensive odors shall be detected off the premises.

(d) The use shall conform to all applicable local, state, and federal health, air and water pollution regulations.

(4) Keeping Area. The Zoning Commission shall use the following keeping area requirements as a guide in reviewing applications. Final determination of keeping area size will be made by the Zoning Commission to insure that the activity will not create a public nuisance. The maximum number of animals permitted is five (5) in the Livestock category and twenty-five (25) in Poultry category.

(a) Beef Cattle:

[1] Minimum shelter space of ten (10) feet by twelve (12) feet per animal.

[2] Minimum yard space of five thousand (5,000) square feet per animal for exercise area.

[3] If no pasture, one (1) acre per animal.

(b) Dairy Cattle:

[1] Minimum shelter space of ten (10) feet by twelve (12) feet per animal.

[2] Minimum yard space of four thousand (4,000) square feet per animal.

[3] If no pasture, one (1) acre per animal.

(c) Goats:

[1] Minimum shelter space of twenty (20) square feet per animal.

[2] Minimum yard space of two hundred fifty (250) square feet of feed lot or exercise area per head.

[3] If pastured, five (5) goats per acre.

(d) Horses:

[1] Minimum shelter space: ten (10) feet by ten (10) feet box stall per animal.

[2] Minimum yard space of seven thousand five hundred (7,500) square feet of area to be used for pasturing exercising and feeding per animal.

Let’s add a section for “Miniature Horses” (about the size of a great dane).

(e) Rabbits:

[1] Minimum shelter space of one (1) square foot per pound of rabbit.

[2] A thirty-six (36) by thirty six (36) inch cage with eighteen (18) inches of headroom for, on average, a nine (9) pound rabbit.

(f) Sheep:

[1] Minimum shelter space of twenty (20) square feet per animal

[2] Minimum yard space of three hundred (300) square feet of feed Lot Area per animal.

[3] If pastured, five (5) sheep per acre.

(g) Swine:

[1] Minimum shelter space of twenty (20) square feet per pig consisting of a roof and solid man-made floor (not earth).

[2] Minimum yard space of one hundred (100) square feet per pig.

[3] No keeping area permitted in wetland or alluvial soils.

(h) Poultry Minimums:

[1] Laying Hens:

[a] Floor area of three and one half (3.5) square feet per bird.

[b] Yard space of four (4) to five (5) square feet per bird.

[2] Ducks:

[a] Floor area four (4) square feet per bird.

[b] Yard space forty (40) square feet per bird.

[3] Geese:

[a] Floor area of six (6) square feet per bird.

[b] Yard space of eighty (80) square feet per bird.

[4] Turkeys:

[a] Floor area of five (5) square feet per bird.

[b] Yard space of four (4) to five (5) square feet per bird.

(5) Keeping areas for any animal will be evaluated for compliance with best animal management practices to insure that animals are kept in a manner which will not constitute a public nuisance.

(6) All shelter areas shall be located on moderately well drained and/or well drained soils.

D. Conditions of Approval.: The Zoning Commission shall approve or disapprove a Home Husbandry Special Permit based upon its review of the application for conformity with the standards of this Section, local and state health requirements, consultant comments, property location, soils of area, proximity to neighbors, amount, method and location of manure storage, feed storage, number of animals, and type of animals.

8.8 Home Occupations

A. Purpose.: To ensure that Home Occupations in Residential Districts:

(a) Be minor, low intensity, and incidental to the principal residential use of the property by its owner,

(b) Be silent and invisible or virtually invisible at the property lines of nearby residents, and

(c) Not generate a nuisance to any neighbor or cause any detrimental impact or decline to the aesthetic quality or value of the residence or of the surrounding residential neighborhood. These regulations are applicable only for activities intended to be for financial gain that are conducted in Residential Districts.

B. Home Occupations, as defined in these regulations, are permitted in all Residential Districts, including on farms located in Residential Districts, in accordance with Schedule A: Permitted Uses provided the following regulations are met:

(1) The owner of the Home Occupation must be a lawful owner of the residence, reside in the Dwelling Unit where the Home Occupation is being conducted, and must actively participate in the conduct of the business.

(2) The Home Occupation activities conducted at the location of the home shall not occupy more than 25% of the gross floor space of all inside heated areas of the Dwelling. "Waiting rooms" or "lobby" areas, used to seat customers, clients, and vendors of the Home Occupation, shall count towards the space limit of the Home Occupation.

(3) If all conditions are satisfied, Home Occupations are permitted only within the Principal Dwelling Unit. Garages, attics, sheds, Hoop Houses, greenhouses, Barns, silos, lean-tos, tents, and other accessory structures are not permitted to be associated with the conduct of Home Occupation, or for the raising, training, growing, drying, preparation, or storage of its products or materials. However, accessory structures may be used for:

(a) The enclosed storage of tools that may be used in the business, and

(b) Storage of up to a maximum of two (2) fifteen thousand (15,000) pound gross weight rated motor vehicles or trailers. There shall be no outdoor or unprotected storage of tools, materials, or products, no outdoor displays, and no outdoor raising, training, exercise, whelping, feeding, or breeding permitted as part of a Home Occupation.

(4) Parking shall be in accordance with Section 10.0.

(5) The Home Occupation may employ up to one (1) person to work in the home at any time who does not reside in the home. Additional employees are permitted but must provide their work services remote from the Dwelling and shall not park on or about the premises.

(6) Alterations of a Dwelling Unit, including the expansion of rooms, for the purpose of supporting a Home Occupation are not permitted. There shall be no entrance or exit ways in the Dwelling Unit or on the premises specifically constructed for the conduct of the Home Occupation.

(7) Multiple Home Occupations are permitted within a Single Dwelling Unit provided the combined total of the Home Occupation activities conducted at the location of the home do not exceed these requirements.

(8) The Home Occupation activities conducted at the location of the home shall require no equipment other than that of a size and scale and capability normally used in a typical household or in a small typical Office.

(8) There shall only be a single electrical service to the Dwelling Unit, and the electrical service capacity shall not exceed the capacity required by the current Electrical Code for the Dwelling exclusive of the Home Occupation. The Home Occupation shall not create off-premise fluctuations in line voltage or electrical interference.

(9) The Home Occupation activities conducted at the location of the home shall not create any odor, dust, glare, heat, sound, smoke, fumes, lighting, radiation and/or vibrations at the property line. The Home Occupation shall not pollute the environment or contaminate any water supply.

(11) The Home Occupation shall not create off-premise fluctuations in line voltage or electrical interference

(10) Waste materials generated by the Home Occupation shall be limited to a type and quantity that do not require collection service, handling procedures, or disposal locations that differ from what would otherwise be required for a Dwelling if there was no Home Occupation. Dumpsters are not permitted. Waste materials associated with the Home Occupation shall be stored out of view.

(11) Any business activity conducted at the location of the home that is prohibited by local, state and/or federal law or not listed as a permitted use in any other District, or requires DEP, EPA, or DMV approvals, permits, licenses or certificates of compliance shall not be permitted.

(12) The Home Occupation shall not constitute a health or safety or fire hazard to the Dwelling Unit, the business participants, neighboring residences, or to other residents in the neighborhood.

(13) There shall be no exterior indication of the Home Occupation. Signage is permitted to identify the owner and street number of the Dwelling, but shall not indicate the name, services, or type of the Home Occupation. Vehicle signage and advertising, other than business cards, shall not carry the residential address of the Home Occupation.

(14) All visiting customers, clients, vendors, and delivery trucks shall not exceed a combined total of five (5) vehicular visits per day. On site group promotion, training, and teaching is permitted provided the total of the number of customers, clients, and students that come to the residential location of the business shall not exceed a total of twenty-five (25) in any consecutive five (5) day period.

(15) Semi-trailers and special handling equipment, such as fork lifts, are not permitted at the Dwelling.

(16) All visiting customers, clients, and vendors will be scheduled by appointment.

(16) All Home Occupations are subject to inspection, with a minimum of twenty-four (24) hours of advance notice, by the Zoning Official to determine compliance with these regulations.

(17) The Home Occupation, when disclosed to residents or prospective residents of neighboring properties, shall not adversely affect neighboring property values, or existing or any future residential development of surrounding properties.

(18) Within thirty (30) days after approval, the applicant shall provide a copy of the approved application to all property owners within a one hundred (100) foot radius of the property by first class mail with a certificate of mailing certified mail (return receipt requested) and return the receipts certificates of mailing to the Zoning Official. The applicant shall not begin the Home Occupation until the Zoning Official has been provided with the certified mail certificate(s) of mailing receipts, which is a condition of the Home Occupation permit.

C. Permits. A Home Occupation permit applicant, at the time of application, must be a lawful owner of the Dwelling Unit and the lot upon which the Home Occupation will be located, at the time of application. The applicant shall:

(1) A Home Occupation permit applicant, at the time of application, must be a lawful owner of the Dwelling Unit and the lot upon which the Home Occupation will be located, at the time of application. The applicant shall (a) addressAddress each specific requirement of Section 8.78(B) ), (b) attest each requirement and condition for the. If a proposed Home Occupation will not satisfy each requirement but the applicant is clearly able to show that the purpose, as defined in these regulations, will be achieved. [Confusing – I think there are some missing words here]

(2) Pay the Home Occupation application permit fee and submit the completed application to the Zoning Official for review. The application will be approved if the application is complete, accurate, satisfies all requirements including the purpose of these regulations, and it is clear hat the applicant understands and has promised to honor and fulfill all requirements. A check off list may be used to ascertain compliance with these regulations. The Zoning Official may, at his discretion, submit the application to the Zoning Commission to obtain guidance.

(3) Once approved, the Home Occupation permit is valid for three (3) years. The Zoning Official may revoke or not renew the permit if, at any time, the Home Occupation does not or will not comply with these regulations, if the Home Occupation conflicts with the purpose of this Section, or if the nature of the Home Occupation differs from the nature of the Home Occupation as specified on the permit application.

(4) The Home Occupation permit is "applicant specific" and is automatically revoked if the original applicant is no longer the home owner or lot owner, the Home Occupation owner, or if it expires.

D. Renewing Home Occupation permits. Home Occupation permits are not self renewing. A new application that satisfies all requirements for the Home Occupation must be submitted during the month prior to expiration of a valid Home Occupation permit.

E. Special Exception Option. An applicant may apply for a special exception if a proposed Home Occupation will not satisfy each requirement but the applicant is clearly able to show that the purpose, as defined in these regulations, will be achieved.

8.9 Interior Lots

A. Residential Districts.

(1) Interior Lots are may be permitted in Residential in all Districts R-40, R-60, R-80as set forth in Schedule B “Bulk Requirements,” and, subject to the requirements set forth in Schedule B: Area and Bulk Requirements with the following conditions and/or exceptions: shall satisfy the requirements:

(1a) The frontage requirement shall be a minimum of twenty (20) feet wide and accessible to a town or state road by way of a Driveway strip owned as part of the lot.

(b2) The Driveway strip shall be a minimum of twenty (20) feet throughout.

(c3) The Driveway access area shall be free of all structures.

(d4) The minimum Lot Area for an Interior Lot will be a minimum of one and one half (1.5) times the minimum Lot Area for the zone in which it is located. The area of the Driveway strip shall not be included as part of the minimum Lot Area requirement.

(e5) The minimum Building Setback Line for Interior Lots shall be fifty (50) feet from the front lot line, excluding the Driveway strip.

(f6) New Interior Lots in Conservation Subdivisions shall not be required to comply with Section 8.98(1)(a), (b) and (d) above.

(2)B. Interior Lots created as part of a subdivision or resubdivision as approved by the Planning Commission shall meet the criteria set forth in the Subdivision Regulations of the Town of Ledyard.

(3) C. Interior Lots may be created as part of a division of a tract or parcel of land which is not a subdivision or resubdivision within the meaning of Section 8-18 of the Connecticut General Statutes. The Director of Public Works shall review and approve access locations on Town Roads and the State Department of Transportation shall review and approve access locations on State highways.

AB. Non-residential Districts.

(1) Interior Lots may be are permitted in the Non-Residential District LCVD-3 and CIP subject to the requirements set forth in Schedule B: Area and Bulk Requirements with the following conditions and/or exceptions

(a) The frontage requirement along a Town or State road shall be a minimum of thirty (30) feet.

(b) The access strip shall be a minimum of thirty (30) feet throughout.

(c) The area of the thirty (30) foot access strip shall not be included as part of the minimum lot area requirement.

(d) The minimum building setback line for interior lots shall be twenty (20) feet from the front lot line.

(e) Common driveways must be on or along boundary lines.

8.10 Junk and Hobby Motor Vehicles

A. Junk, as defined by these regulations, where not covered or screened, shall not be placed, stored, co-located, or maintained outside on any lot in any District.

B. A maximum of one (1) Hobby Motor Vehicle, as defined by these regulations, may be located in a Side Yard or Rear Yard provided it is screened from view from adjacent properties and access roads. Such Screening may be achieved by use of a fence or vegetation. There is no limitation on the number of Hobby Motor Vehicles that are stored or parked in a building, provided the building is maintained in a structurally sound and safe condition.

C. No more than one (1) vehicle that has an expired registration, but which can be re-registered in its current physical condition, may be parked or stored outside on any lot in any District.

D. It is the intent of these regulations that the term “Junk” not be applied to:

(1) Materials or items being temporarily stored in rodent-proof containers that are placed on the curb on a regular schedule for refuse pickup,

(2) Farm equipment ordinarily and regularly used with an active farming operation on the same premises,

(3) Sawmill inventory,

(4) Cordwood, provided the cordwood is not associated with any Home Occupation,

(5) “Hobby Motor Vehicles” that are in compliance with Section 8.109(B), and

(6) Construction materials and associated debris that are directly associated with a construction project on the same premises with a valid and active building permit provided that the construction materials and associated debris are removed from the premises within fifteen (15) days after construction project is materially completed.

E. The responsibility for compliance with this Section is, in order of precedence:

(1) The “owner” of the Junk and/or Hobby Motor Vehicles(s) (if known),

(2) The “resident” residing on the premises containing the Junk and/or Hobby Motor Vehicles(s) (if known), and

(3) The “legal owner” of the premises containing the Junk and/or Hobby Motor Vehicle(s).

8.11 Kennels

A. Purpose.: To permit, for a fee, theThe boarding, medical care, breeding, grooming, exercise, whelping, raising, and/or training of puppies, dogs and other household pets for a fee.

B. Kennels, as defined in these zoning regulations, are permitted in accordance with Schedule A: Permitted Uses, provided the requirements of Section 7.0 “Special Permits,” the provisions of Connecticut General Statute §22-344 and the following regulations are met:

(1) The minimum Lot Area shall be ten (10) acres for a Kennel.

(2) Open exercise areas and buildings containing animals shall be a minimum of one hundred (100) feet from any property line.

(3) Kennel areas shall be designed so as to minimize the visual impact from abutting properties. All Kennel areas shall be reasonably screened by landscaping and/or fences or walls. The landscaping of the site shall be so

designed as to protect and enhance the character of the area. All-season visual buffers between the proposed use and any incompatible use of adjacent properties shall be provided through the use of grade separation, landscaping, buffer areas, etc.

(4) These regulations are in addition to requirements, if any, for a “kennel license” issued by the Town Clerk and/or the State of Connecticut. In no circumstances is a Kennel, as defined in these regulations, permitted in any Residential District.

(5) Where a Kennel use abuts a residential use, a sound absorption plan that meets the approval of the Zoning Commission must be submitted.

(6) Best Management Practices. Applicant shall provide plans describing the design installation, and maintenance of a system that will collect, store, and subsequently dispose of or treat all Waste Products other than domestic sewage. All plans for the storage and disposal of wastes shall conform to all applicable local, state and federal health, air and water pollution regulations so as to not create a public health hazard, or have an adverse effect on the environmental quality of the surrounding area and the community in general, as determined by local and state health officials, or determined to be a nuisance by the Zoning Commission or Zoning Official.

8.12 Mobile Homes

A. Mobile Homes shall be permitted as a year-round residence only on locations occupied by a Mobile Home on the date Zoning Regulations were adopted, except as otherwise stipulated by these regulations, and subject to the following conditions:

(1) Mobile Homes shall comply with all state and local sanitary codes in the same manner as stationary homes.

(2) Removal of Mobile Homes in Mobile Home Parks. Pursuant to Connecticut General Statutes §21-67a-(f), a “removal permit” from the Town Clerk is required to remove or demolish an old Mobile Home when located in a licensed Mobile Home Park.

(3) Installation of Mobile Manufactured Home in Mobile Home Parks. A new or used HUD compliant Mobile Manufactured Home may be installed on sites in licensed Mobile Homes Parks.

(a) The licensee of the Mobile Home Park may establish reasonable entry requirements for Mobile Homes to be brought into and installed in the Mobile Home Park. The requirements shall be filed with the Department of Consumer Protection.

(b) Replacement of Mobile Home with Mobile Manufactured Home.

[1] The proposed replacement of Mobile Manufactured Homes may be larger, or smaller, than the Mobile Home it replaces, ifhowever :any.

[12] The setback of the new replacement Mobile Manufactured Home shall not be less than the shortest setback of any other Mobile Home in the Mobile Home Park, unless the shortest setback is greater than the minimum setback Bulk Regulations set out in Schedule B of these regulations.

[23] The proposed new replacement Mobile Manufactured Home shall not exceed the bedroom capacity of the septic system or of the electric service that will be supporting the home.

8.13 Mobile Manufactured Home Land Lease Communities

A. Purpose. To help establish and maintain an adequate supply of decent, safe and affordable housing serving different types of households, specifically for older persons, as encouraged by the “Housing” Section of the Ledyard Plan of Conservation and Development, by enabling the development of large parcels of land zoned RM-40 into land lease communities for the installation, sale, and occupancy of multiple section Mobile Manufactured Homes.

(1) B. Ownership.: The land parcel is required to be owned by an individual, corporation, limited liability company, the state or any political subdivision thereof, agency, business trust, estate, trust, partnership or association, two (2) or

more persons having a joint or common interest, and any legal or commercial entity that subsequently leases individual sites for the installation of Mobile Manufactured Homes, and provides water, sewage, refuse pickup, and other utilities and services, including community management services, to the owner/residents of the Mobile Manufactured Homes on an annual or longer renewable basis subject to the payment of monthly site rent and compliance with reasonable written rules and regulations of the Mobile Manufactured Home Land Lease Community. The land shall be in single ownership at the time of the application and shall not be further divided while this use continues. Division or subdivision within a Mobile Manufactured Home Land Lease Community is expressly prohibited.

(2)C. Resident Entry and Occupancy Requirements. Each Mobile Manufactured Home site shall be:

(1a) Intended and operated for occupancy by persons fifty-five (55) years of age or older.

(2b) At least eighty percent (80%) of the occupied sites are occupied by at least one (1) person who is fifty-five (55) years of age or older.

(3c) No site in the Mobile Home Land Lease Community shall be occupied by any individuals who have not attained the age of eighteen (18) years.

(4d) The community owner shall publish, adhere to, and enforce policies and procedures, known as the Community Rules and Regulations, that clearly demonstrate the intent the intent to house persons who are fifty-five (55) years of age or older.

(5e) The Community Rules and Regulations shall be posted in a conspicuous location in the Mobile Manufactured Home Land Lease Community.

(6f) The Mobile Manufactured Home land Lease Community owner shall comply with rules issued by the United States Secretary of Housing and Urban Development (HUD) for verification of occupancy and the ages of residents. In January of even numbered years, the Mobile Home Land Lease Community shall conduct a survey and obtain affidavits or other reliable information to confirm that at least eighty percent (80%) of the sites are occupied by at least one (1) person who is fifty-five (55) years or older, and that there are no residents who are under the age of eighteen (18). The survey reports shall be provided to the Zoning Official and shall include the name and date of birth of each resident, and how the information was verified.

(7g) Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purpose of such verification.

(3)D. Community Design Requirements:

(1a) The minimum size shall be ten (10) acres, and the maximum number of lease sites in any Mobile Manufactured Home Land Lease Community shall not exceed two hundred (200) sites.

(2b) The number of lease sites for Mobile Manufactured Homes shall not exceed an average net density of five (5) lease sites per acre.

(3c) Clustering of homes is permitted if such a design will result in a more attractive community.

(4d) A Community Center and/or recreation facility shall be a permitted Accessory Use within the Mobile Manufactured Home Land Lease Community. If such a facility is provided, it shall:

(a) [1] Be designed, built, and reserved for the exclusive use of the residents of the Mobile Manufactured Home Land Lease Community.

(b) [2] The Community Center shall be owned, operated, maintained, and managed by the land lease community owner.

(c) [3] Be of an adequate size and of appropriate amenities for the completed and fully occupied community.

(5e) The Mobile Home Land Lease Community shall have all site lease lines defined with permanent corner stakes that corresponds to the Site Plan.

(6f) Each site shall be selected, graded, and/or constructed in such a manner that moisture will not collect under the Mobile Manufactured Home.

(7g) Water, sewer, electric, telephone, cable and other utilities shall be below ground.

(8h) Common area lighting shall be provided via fifteen (15) foot or less low glare low wattage light stands sufficient to provide illumination for the safety of pedestrians and vehicular movement at night, with below ground wiring for the lighting connected to the Mobile Home Land Lease Community’s electric meter. Overhead telephone pole mounted flood lights are not permitted. Alternative lighting proposals may be submitted that will be more attractive and efficient and provide proper safety to residents.

(9)(i) Mobile Manufactured Home orientations and specific locations shall be:

(a) [1] Chosen such that it is possible to install and remove any Mobile Manufactured Home, in any sequence or order, without the need to first install or move any other Mobile Manufactured Home.

(b) [2] Parallel to its frontage roadway where practical. A “herringbone” orientation pattern, with homes parallel to each other and angled to the roadway, is not permitted.

(10j) There shall be a minimum of a twenty (20) foot setback from the front edge of the home to the edge of the community roadways.

(11k) Gas tanks, air conditioning units, including window air conditioning units, and clothes lines shall be in the Rear Yard or not be visible from the roadways.

(12l) Electric meters and electric meter panels will not be visible from the roadways.

(13m)The community design shall eliminate monotony, insure compatibility with topographical conditions, and encourage individual site privacy.

(14n) The design should, where practical, provide for only a single common entry/exit Driveway into the Mobile Home Land Lease Community from a public roadway unless more than one (1) entry/exit is necessary for safety, aesthetics, or other compelling reason. A second entrance, if any, shall be gated and reserved for emergency vehicles only.

(15o) The design shall minimize traffic flow, traffic speeds, traffic noise, and congestion, and provide emergency access to all parts of the Mobile Home Land Lease Community as approved by the Fire Marshall.

(16p) If the average density of the proposed Mobile Home Land Lease Community exceeds two (2) home sites per acre, the landscape design shall include Screening on all sides in a manner such that individual Mobile Manufactured Homes cannot be easily viewed from adjacent properties and adjacent public roadways. The Screening may be located on leased sites, but the area dedicated for the Screening shall not contain any homes, parking, storage areas or structures. Screening shall not include fencing.

(17q) All dumpsters, if any, shall be adequately Screened.

(r18) The community design, in combination with the landscape design, shall include reasonable plantings on or near site boundaries such that when the plantings mature, the residents of each site will have a reasonable sense of outdoor privacy from adjacent sites. Fencing shall not be used to achieve site privacy.

(s19) The community landscape design shall provide a reasonable complement of initial foundation (skirting) plants for each Mobile Manufactured Home, and also for the Community Center and/or recreation facility, if any, and Front and Rear Yard grass for each site.

(t20) Roadways within the Mobile Home Land Lease Community shall be constructed in accordance with the following specifications:

(a) [1] Width: Collector roadways shall be not less than twenty-four (24) feet in width, and local roadways shall not be less than twenty-two (22) feet in width.

(b) [2] Grade: The grade of the community roadways shall provide proper drainage and conform reasonably to the grade of abutting properties. The grade shall not be less than one percent (1%) and shall not exceed eight percent (8%).

(c) [3] Subgrade: All ledge rock shall be removed to a depth determined by the project Licensed Professional Engineer below subgrade and then back filled with suitable gravel. All loam shall be removed and all trees and roots shall be removed for the full width of the roadway. Soft spots, peat and organic material shall be excavated to solid bottom and back filled stone, tailings or bank fun gravel. The base shall be rolled with a ten-ton roller before placing the gravel sub-base. The subgrade shall be graded to a cross section with a cross slope of one- quarter (1/4) inch per foot.

(d) [4] Sub-base: Ten (10) inches of bank run gravel shall be installed over the subgrade. Sub-base shall be installed for the full width of the traveled roadway and rolled with a ten-ton roller. Such bank run gravel shall meet State Department of Transportation specifications.

(e) [5] Process Gravel Base: Four (4) inches of process gravel base shall be installed over the subgrade at a minimum thickness of four (4) inches subsequent to compaction. Base material shall meet the requirements of State Highway Department for rolled processed gravel surfaces. This surface shall be constructed to a cross section with a cross slope of one-quarter (1/4) inch per foot.

(f) [6] Surface Treatment: The road surface shall be given two (2) applications of bituminous concrete. The first application shall consist of compacted one and one-quarter (1 ¼) inch binder course bituminous concrete, and the second application shall consist of compacted one and one-quarter (1¼) inch surface coarse grading II. All roadway infrastructure installation shall comply with sound engineering practices; but shall not otherwise be required to comply with the Town of Ledyard Road Ordinance.

(21u) When the proposed Mobile Home Land Lease Community abuts or intersects with an existing Town Road which does not meet the requirements of the Ledyard Road Ordinance, the applicant shall consult with the Director of Public Works and convey to the town sufficient land along such road as to permit its widening to conform to the standards of the road ordinance. The Public Works Director may specify improvements to Town Roads adjacent to the project site if necessary for public safety required by the Mobile Home Land Lease Community. Such improvements shall be provided by the owner.

(v22) Septic disposal systems, including tanks, galleys, and leaching fields, if any, shall be fully contained within the boundaries of the Mobile Home Land Lease Community.

(23w) Fuel oil or kerosene will not be used to heat any of the Mobile Manufactured Homes.

(24x) One (1) or more structures, for use only as service buildings, shall be provided for the storage of tools, mowers, snow blowers, generators, tractors, sand and similar equipment and materials. The service buildings shall be screened to prevent viewing from homes in the community, from homes on adjacent properties, and from Town Roads. Fencing shall not be used for such Screening.

(25y) A maximum of one (1) Accessory storage shed, up to one hundred twenty-five (125) square feet, vinyl sided to match the home, and shingled to match the roof of the home, is permitted per site. Each Accessory Building shall be located behind the rear extended plane of the Mobile Manufactured Home. Hoop Houses are not permitted. Metal and plastic storage sheds are not permitted. Storage sheds, if any, must be a minimum of three (3) feet from a site lease line boundary.

(26z) Each lease site shall be provided with a minimum of:

[a] A one hundred and fifty (150) square foot or larger hard surface patio, or

[b] A one hundred and fifty (150) square foot or larger wood deck, or

[c] An enclosed one hundred and fifty (150) square feet or larger screened porch, or

[d] An attached one (1) or two (2) car carport which provides end to end or side by side covered paved parking.

(aa27) The steps to the home for both the main entrance and the emergency or rear exits shall be substantially built and made of wood, composites, or concrete, with handrails on both sides, and a deck area with railing of a minimum of three (3) feet by three (3) feet for the emergency exit, and a minimum of five (5) feet by six (6) feet for the main entrance. The main entrance deck size requirement is waived if the main entrance is an integral covered part of the home as delivered from the factory, or integrated with the wood deck or enclosed porch permitted by Section 8.123(DA)(26) above(b)(25).

(bb28)Parking shall be in accordance with Section 10.0.

(29cc)Recreational areas for residents and their guests, including visiting children, are optional. If a Community Center and/or recreation facility is provided it shall have sanitary facilities as required under Section 425.37 of the Building Code, lighting, and walkways as appropriate.

(30dd)A community or municipal water system shall be provided and the applicant shall demonstrate that the system has the approval of the Connecticut Department of Public Health. Water to each lease site shall be metered, and a below frost line shut off valve shall be provided in an underground meter box or equivalent to permit the turnoff of water to each individual site. The system will be designed in such a manner that there will be a minimum of piping, the piping will not be under paved roadways, sidewalks, and driveways except as necessary, there are proper backflow prevention devices, and a failure of any section of piping will result in a minimum number of lease sites without water during repairs. If water is provided by a well on the property, a backup generator system shall be provided to provide electricity to the water pump(s) in the event of an electrical supply failure. A spare pump shall be stored on the premises if the community is provided well water.

(ee31) As a condition of the Special Permit, residents and guests shall not park on the Mobile Manufactured Home Community’s roadways at any time. Enforcement shall be the responsibility of the community owner. The Community Rules and Regulations, appropriate signage, and enforcement shall reflect proper conformance with this requirement.

(32ff) Boat storage on stand alone supports (no trailer) is not permitted in either the paved remote RV parking area or on individual Mobile Manufactured Home sites.

(33gg) The remote RV paved parking area shall be screened to minimize its view from residents of the community and from adjoining properties. Fencing shall not be used to create the required screening.

(4)E. Mobile Manufactured Home Standards for Community Entry and for On-Site Resale. As a minimum, each Mobile Manufactured Home shall:

(1a) Be vinyl sided with pitched five (5) over twelve (12) shingled roof. All homes must have architectural shingles.

(2b) Be compliant with current HUD regulations. (Reference: “Manufactured Housing Program- Manufactured Home Construction and Safety Standards, 24 CFR 3280”).

(3c) Be in overall excellent and safe condition, clean, with all working windows and a full complement of screens, emergency exit, structurally sound flooring, safe electrical, roofing in excellent condition, walls, ceilings, carpeting, vinyl flooring, doors, storm doors, cabinets, counters, plumbing, heating systems, tubs, showers, fire extinguisher, smoke detector, insulation, siding, fuel emergency cutoff, and under floor moisture barrier in excellent condition.

(4d) The Zoning Official shall not issue a permit for installation or approve the installation of a Mobile Manufactured Home within the land lease community unless the home satisfies the requirements of this Section.

(5e) Convey with its original wheels, tires, lug nuts, axle/brake assemblies, attachment bolts and hardware and hitch, all of which shall be permanently stored above ground under the home and out of view. This requirement shall be in both the Land Lease and the Community Rules and Regulations for the Mobile Manufactured Home Land Lease Community and shall be a condition precedent for the home to be sold and remain in the Mobile Home Land Lease Community.

(f6) Shall be a minimum of twenty-two (22) feet in width, and shall contain not less than eight hundred and fifty (850) square feet based on exterior dimensions. Attached structures, decks, enclosed porches, and Accessory Buildings,

and additions shall not count toward the minimum square footage requirement.

(5)F. Mobile Manufactured Home Installation Requirements:

(1a) Each home shall be installed and attached to the Mobile Manufactured Home site's Permanent Foundation System, per the home manufacturer's HUD approved installation instructions and applicable building codes. Alternative installation and attachment systems and designs may be used if they are equal or superior in hold down performance to those recommended by the Mobile Manufactured Home manufacturer and approved by the Ledyard Building Official.

(2b) Foundation covering (skirting) is mandatory and shall be designed for Mobile Manufactured Homes, or a continuation of the vinyl siding material on the home extended to the Permanent Foundation System.

(3c) No more than one (1) Mobile Manufactured Home shall be allowed on each lease site.

(d4) The hitch shall be removed from the frame and stored above ground under the home. Axle assemblies, including wheels, tires, lug nuts, brakes, attachment bolts and hardware may be disconnected from the chassis and stored as per these Regulations.

(6)G. Application Requirement - Community Operations:

(a1) The application shall include a management plan designed to ensure adequate maintenance and a continuum of the proposed Mobile Manufactured Home Land Lease Community.

(2b) The management plan shall include the applicant's proposed age verification procedures of residents and prospective residents, and how the age constraints will be enforced.

(3c) The submitted documents shall be consistent with Chapter 412 of the Connecticut General Statutes.

(4d) The management plan shall include a copy of the community owner's proposed site lease, the Mobile Manufactured Home entrance requirements, the prospective new resident entrance requirements, and the Mobile Manufactured Home Land Lease Community Rules and Regulations to be submitted to the Department of Consumer Protection (Reference Section 21-67 of the Connecticut General Statutes) identifying restrictions on the number of residents per site and per home, constraints on guests and visitors (if any), constraints regarding the housing of relatives, constraints on pets, nuisance, water consumption, on-site vehicle/boat/RV maintenance and repair, home painting color constraints (if any), resident installed gardens/fencing/pools/pavement/other site improvements (if any), rules regarding resident parking and guest parking, use of bicycles/motorcycles, use of playgrounds, use of Community Center and/or recreation facilities (if any), removal of trees, planting of trees, deck expansions, storage sheds (size, location, color, materials, design, roofing materials), additions to Mobile Manufactured Homes, leaf pickup, lawn mowing, site maintenance, yard care, prohibitions against yard reversion to natural state (if any), gardens, fences, parties and noise, discharge of firearms, speed limits, site classifications (if more than one (1), resident security, and insurance requirements, and all other rules and regulations.

(5e) The site lease shall include all of the responsibilities, including maintenance, responsibilities, of the community owner, and all of the responsibilities, including maintenance responsibilities, of the Resident, and shall incorporate the Mobile Manufactured Home Land Lease Community Rules and Regulations by reference. The site lease shall clearly identify the ownership of and responsibility for below ground water piping, below ground electrical lines, Permanent Foundation Systems, community storm drainage facilities, and below ground sewage piping and sewage disposal systems as that of the community owner, which shall be clearly stated in site leases and in the Rules and Regulations.

(6f) Each site lease shall limit the use of the leased site to a specific Mobile Manufactured Home designated by manufacturer, model, year of production, and serial number, and prohibit the replacement of a Mobile Manufactured Home except by permit and the written permission of the community owner.

(g7) The site lease and/or the Community Rules and Regulations shall prohibit the subletting of lease sites, TV Antennas (except for eighteen (18) inches or smaller dish Antennas that cannot be viewed from the roadways), parking on the roadways within the Mobile Home Community, parking of boats, trailers, motor homes, and Travel Trailers on lease sites, and all commercial activities including Home Occupations. It is recommended that

exterior clothes lines not be permitted, and if permitted, that they not be attached to trees, and cannot he viewed from the community roadways.

(8h) The site lease shall specifically prohibit the use of Mobile Manufactured Homes and/or lease sites for material storage or any other non-residential use.

(9i) The site lease shall address requirements regarding hazardous materials.

(10a) It shall be clearly stated in the applicant's proposed Rules and Regulations that any Mobile Manufactured Home that does not satisfy the written home entrance requirements shall not be permitted entry into the land lease community.

(11j) It shall be clearly stated in the applicant's proposed Rules and Regulations that Mobile Manufactured Homes shall not be permitted entry into the land lease community unless all wheels, tires, axles, brakes and the hitch for the home are permanently stored above ground under the home.

(12k) The Rules and Regulations shall specify the age, size constraints, insurance, license and registration status, and condition of vehicles, including RV's, necessary for a vehicle to be stored or parked in the land lease community.

(13l) The Rules and Regulations shall identify the resale standards for permitting a Mobile Manufactured Home to be resold and subsequently remain on its' home site. The resale standards shall include, but not be limited to, the requirement that the Mobile Manufacture Home be safe, sanitary, and in conformance with park standards. Enforcement of this requirement is a condition of the Special Permit.

(14m)The Community Rules and Regulations shall prohibit the use of the Community Center and/or recreation facility, if any, by anyone other than residents and guests of residents.

(15n) Enforcement of the lease provisions and the Community Rules and Regulations, as required by this Section, is a continuing condition of the Special Permit.

(16o) Amendments to the site leases and/or the Community Rules and Regulations shall, as a proposed minor amendments to the Special Permit, be reviewed for conformance with these regulations by the Zoning Commission prior to their promulgation and/or submittal to the Department of Consumer Protection.

H.(7) Community Development Plan:

(1a) The application shall include the Mobile Home Land Lease Community development schedule and lease-up-up plan. The community may be developed in reasonable phases provided that the lease sites, rules and regulations, leases, rents, facilities, site classifications, and policies are identical for all phases. Mobile Manufactured Homes may be installed (with a permit for each home), sold, and occupied upon the substantial completion of the land improvements and approval of each phase. Individual site landscaping and paving is not required until a Mobile Manufactured Home is properly installed. Individual site landscaping and paving may be delayed for a reasonable period due to seasonal weather conditions. In the event actual development diverges from the proposed community development schedule and lease-up plan, the community owner shall, upon request of the Zoning Commission, update his development schedule and lease-up plan to reflect actual conditions.

(2b) The Zoning Commission may require a bond or other acceptable security to be posted to guarantee that the proposed roads, service buildings, recreation areas, landscaping, Screening, and other improvements are completed as provided in the application.

(3c) If the proposed Mobile Manufactured Home Land Lease Community is to be located in a Special Flood Hazard Area, the Zoning Commission will review the application for compliance with Section 12.3 Flood Protection.

(8)I. Licensing.: The applicant shall apply to the Department of Consumer Protection for a License for a Mobile Home Land Lease Community, which must be approved, subject to re-inspection and approval upon completion of the community or phases of the community as per Section 21-67-(b) of Chapter 412 of the Connecticut General Statutes, prior to beginning construction.

(9)J. In the event there is conflict between a requirement imposed as a condition for the Special Permit and a requirement imposed by Chapter 412 of the Connecticut General Statutes, a determination by the Department of Consumer

Protection shall take precedence. In the event a requirement imposed by these regulations is more stringent than the requirements laid out in Chapter 412 of the Connecticut General Statutes, the Special Permit requirement shall take precedence.

K. Public Hearing. The applicant must attend a public hearing to be held in accordance with the requirements of Section 15.8 of these regulations. The applicant, at the public hearing, shall explain the rationale and benefits for his proposed community design, lease site sizes, roadway design, parking design, lighting design and home orientation proposed for each lease site, and how his design achieves the purpose and requirements of this Section.

8.14 Residential Care Home

A. Purpose: To provide for the building of establishments which provide nursing services, assistance with activities of daily living, twenty-four (24) hour medical supervision and/or skilled nursing care for residents.

B. Residential Care Homes, as defined in these zoning regulations, are permitted in accordance with Schedule A: Permitted Uses, provided the provisions of Connecticut General Statute §22-344, and the following regulations are met:

(1) Operation Management plan. A management plan shall be submitted along with the Site Plan. This management plan shall describe that describes and guarantees, to the satisfaction of the Zoning Commission a detailed description of the schedule, responsibility, and financial plan for the following:

(a) Operation and maintenance of commonly owned utilities such as water and wastewater treatment systems;

(b) Operation of community services such as refuse collection and the community building, if any;

(c) Maintenance of grounds, roadway and Driveways, stormwater drainage system, signage, and roadway illumination system; and

(d) Maintenance of individual dwellings, storage of motor vehicles and trailers, placement of temporary structures, and general external housekeeping.

(2) The management plan shall describe the qualifications that will be met by any entity operating the health care services offered.Notwithstanding anything in this Section 8.143(B)(1) to the contrary, the Residential Care Home may be owned by an entity and Dwelling Units in the Residential Care Home may be leased to tenants.

(32) Roadway and Drainage Design. The entire roadway including individual Driveways, parking spaces, the stormwater drainage system, street signage, and the street illumination system shall:

(a) Be commonly owned and maintained in good condition by the owners of the common area; and

(b) Parking shall be in accordance with Section 10.0 of these regulations.

(43) Nuisance Controls. Design of the Residential Care Home shall include provisions for the following:

(a) A plan for at least weekly disposal of solid waste material shall be required. All solid waste shall be stored in covered containers, stored no closer than fifty (50) feet from the property boundary line, and screened by plantings or decorative fencing.

(b) No operation that creates an unreasonable amount of noise outside the home shall be allowed. This includes noise from heating, ventilation, and air conditioning units; refrigeration units; laundry and dish washing machines and dryers; vacuum cleaner systems; pumps; compressors; and emergency generators.

(54) Accessory Buildings. One (1) or more Accessory Building may be constructed provided the building is:

(a) Used primarily for services or activities used or attended by residents and guests; and

(b) Designed and operated in accordance with the requirements imposed by these regulations upon the commonly owned facilities.

(65) Permitted Accessory Uses. The following Accessory Uses are permitted provided they are compatible with, and subordinate to, the Residential Care Home. They shall primarily serve the residents, guests of residents, visitors, employees and, at the discretion of the Nursing Home, may be open to the general public:

(a) Two (2) residential Care-take Unit Accessory Apartments per two hundred (200) Dwelling Units not to exceed one thousand two hundred (1,200) square feet of floor area.

(b) Medical, health care and social services offices, and health, therapy and rehabilitation facilities.

(c) Restaurant.

(d) Pharmacy.

(e) Laundry Services, subject to Aquifer Protection Regulations.

(f) Emergency Services.

(g) Personal Service Establishments.

(h) Chapel/religious services.

(i) Recreational Facilities.

(j) Financial Institution.

(k) Shuttle bus or van service, exclusively for the residents, guests of residents, and employees of the Residential Care Home.

(l) The aggregate square footage of the Accessory Uses may not exceed ten thousand (10,000) square feet.

C. Development Standards.

(1) Residential Care Homes with more than twelve (12) residents shall be located on lots of one (1) acre or more.

(2) Residential Care Homes with more than twelve (12) residents shall have a density of no more than forty (40) beds (or residents) per acre.

8.15 Temporary Sawmills

A. Conditions. Temporary Sawmills may be constructed in any District provided that they meet the following conditions:

(1) Operation shall be limited to daylight hours.

(2) Operation shall be limited to cutting of trees on site.

(3) Located not closer than one hundred (100) feet to any property line or street line.

(4) Location no closer than five hundred (500) feet to the nearest residence.

(5) A site and restoration plan must be submitted indicating data required above.

B. Approval may be granted for a period not to exceed six (6) month, and may be renewed under the above conditions.

C. On completion of work such Sawmills shall be dismantled and removed.

8.16 Transformer Substation

A. Purpose.: To permit the assembly of public utility or telephone equipment, including a transformer, used for the distribution of electrical energy.

B. Transformer Substations, as defined in these zoning regulations, are permitted in accordance with Schedule A: Permitted Uses provided the requirements of this Chapter and the following regulations are met:

(1) All Transformer Substations not located within a building are to be screened from view from any other lot or street through the placement of trees, shrubs, buildings, fences, walls or embankments on all four sides if the Transformer Substation. The Screening shall be in harmony with the surrounding area.

(2) All Transformer Substations shall provide public safety warnings clearly indicating High Voltage.

(3) All Transformer Substations shall comply with the District setbacks provided in the Schedule B “Bulk Requirements.”

8.17 Wireless Telecommunication Facilities, Antennas & Towers

A. Purpose and Objectives. To provide for the location of wireless telecommunication facilities, Antennas and Towers while protecting residential neighborhoods and minimizing the adverse visual and operational effects through careful design, siting and Screening. This Section of the Zoning Regulations is consistent with the Telecommunications Act of 1996 in that it does not discriminate among providers of functionally equivalent services, prohibit or have the effect of prohibiting the provision of personal wireless services, or regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with FCC regulations concerning such emissions.

B. Telecommunication Facilities, Antennas, and Towers Permitted as a Use by Right. The following normal and customary residential uses are permitted as of right:

(1) Amateur Radio Service (including Amateur Radio Emergency Service) Antennas and Amateur Radio Service Tower installations meeting the following standards:

(a) Towers, transmitters and Antenna installations that comply with Part 97 of FCC rules and regulations;

(b) The distance to the nearest property boundary shall be not less than two-thirds (2/3) of the Tower height. For bracketed Towers supported by a building the Tower height shall be measured from the bracket attachment height;

(c) Proof of a current Federal Amateur Radio License shall be provided by the applicant;

(d) Towers shall meet all setback requirements for the Zoning District.

(2) Traditional radio, television, scanner and miscellaneous Antennas used by homeowners that meet the following requirements:

(a) Height of roof mounted Antenna does not exceed twenty (20) feet above the highest point of the structure;

(b) Size of roof mounted dish Antennas shall not exceed three (3) feet in diameter;

(c) Tower and overall Antenna height shall not exceed sixty-five (65) feet.

(3) Citizen Radio Service (CB) Antennas and Towers that are operated in accordance with FCC regulations and emissions standards (twenty (20) feet above highest point of structure and sixty-five (65) feet maximum Tower height) and having a maximum power of five (5) watts. Towers shall meet all setback requirements for the Zoning District.

SECTION 9.0: SIGNS

9.1 Purpose General Requirements.

A. The purpose of these Sign Regulations is to:

(1) Promote and protect the public health, welfare and safety by regulating existing and proposed outdoor Signs of all types that are viewable off the site on which they are located.

(2) Protect property values.

(3) Create a more attractive economic and business climate.

(4) Enhance and protect the physical appearance of the community by preserving the scenic and natural beauty of designated areas.

(5) Preserve or enhance Town character and scenic vistas by encouraging new and replacement signage which is creative and distinctive, compatible with the surroundings and appropriate to the type of activity to which it pertains.

(6) Reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by unsafe Signs, provide more open space, curb the deterioration of the natural environment and enhance community development.

(7) Encourage business and residential signage that does not detract from the character of the Town while at the same time honoring the farming heritage of the Town.

(8) To recognize that today the Town is primarily a residential town.

B. Applicability. A. No person shall erect, alter, or relocate within the Town of Ledyard any Sign without first obtaining a Sign Permit except as exempted by the regulations. The sign must conform to the State of Connecticut Building Code.

B. The repainting, changing of parts, and preventive maintenance of conforming signs at the same location shall not be deemed alterations requiring a Sign Permit.

C. No Sign shall be located as to create a sight-clearance problem for traffic flow on a public way.

D. The location, size, and character of Signs must be compatible on-site and with the surrounding neighborhood.

E. These regulations areshall not applicableapply to indoor signs or interior Signs located within baseball fields, football fields and in parks provided they cannot be viewed off site.

F. Maintenance. The owner of the premises on which a Sign is erected shall be directly responsible for keeping all signs, together with their supports, braces, guys, and anchors, in good repair and in safe condition.

9.2 General Sign Standards Any Zoning District

A. The following new Signssigns are allowed for legally existing uses by Sign Permit issued by the Zoning Official. Such new Signssigns shall be neither internally illuminated nor indirectly illuminated, except as otherwise specified herein. New Signssigns that replace noncompliant Signssigns installed prior to the effective date of these regulations must obtain a Sign Permit for the replacement sign, but will not be required to pay the Sign Permit fee.

(1) Signs requiring a Sign Permit:

(a) Awning signs. A legal use business, excluding Home Occupations and Farm Stands if in a Residential District, may have awning signs less than ten (10) square feet in area when such awning is designed to be used for the walkway or main entrance of a business or legal use. Individual window awnings shall

not contain advertising, but may have a monogram not to exceed three (3) letters which may occupy no more than ten percent (10%) or six (6) square feet, whichever is less, of the window awning.

(b) Exterior Bulletin Boards on premises of Civic Buildings. Such signs shall not exceed sixteen (16) square feet total, and shall bear no commercial advertising. There shall be not more than one (1) bulletin board per site. Such sign may be indirectly illuminated with low power downward directed lighting. Where a bulletin board hasBulletin boards may have two (2) or more faces, the area of all faces shall be included in determining the area of the bulletin board, except that where two (2) such faces are placed back to back and are at no point more than sixteen (16) inches from one another, the area of the bulletin board shall be taken as the area of the larger face.

(c) Analog Clocks and/or analog, Analog Time and analog/or Analog Temperature Displays. Only analog clocks and/or analog time and analog temperature displays are allowed if they are on the site of and associated with a legal use. Face displays Such signs may not exceed sixteen (16) square feet and must have no advertising on the unit. The same setbacks and heights for signs in the district must be observed and may use low power indirect illumination by down-lighting only. Notwithstanding, the above displays in the GFDD-1, GFDD-2, LCVD-1, LCVD-2, LCVD-3, MFVD, RCCD-1, & RCCD-2 districts shall be regulated by Site Plan Review and Special Permit.

(d) Farm Identification Signs. A single permanent sign at an entrance to a farm designed only to identify the farm shall be permitted provided such signs bear no commercial advertising and does not exceed eighteen (18) square feet in area (per side, if Freestanding). The lower edge of such Freestanding Signs shall not be elevated more than one (1) foot from the grade level of the site, and the Sign shall not interfere with driver sight lines.

(e) Kiosk. Kiosks are permitted as follows:

[1] In areas where the speed limit is less than thirty-five (35) miles per hour, the upper sign board of the Kiosk bearing the name of the site, building or business complex shall not exceed twenty-four (24) square feet, and each business on the site, in the building or in the business complex may have one (1) lower sign board under the kiosk top board with a maximum square footage of six (6) square feet each. The overall width of the upper sign board shall not exceed six (6) feet. By design, the signage of the Kiosk is intended to be on both sides non-cumulative.

[2] In areas with speed limits thirty-five (35) miles per hour and above, the top board may be thirty-two (32) square feet and the lower sign boards may beupper sign board of the Kiosk bearing the name of the site, building or business complex shall not exceed thirty-two (32) square feet, and each business on the site, in the building or in the business complex may have one (1) lower sign board under the kiosk top board with a maximum square footage of eight (8) square feet. The overall width of the upper sign board shall not exceed eight (8) feet.

[3] Kiosks must be configured so that there is at least a four (4) foot sight window from grade level to the lowest sign board. The top edge of the Kiosk top sign board must not exceed a twelve (12) foot height from grade level.

[4] Each Kiosk shall use an integrated and complimentary coloration and lettering style. It is not intended to restrict one (1) style throughout Ledyard, only uniformity of size. It is expected that each site, building, or business complex will have its own uniqueness.

[5] One (1) Kiosk may be erected at each major entrance to the site if separated by a minimum of two hundred (200) feet, in which case they shall only count as one (1) Sign.

(f(f) Off-Site Directional Signs. Off-site Directional signs may be authorized upon application to the Zoning Commission, where the location of a legal use requires such Signs in order to avoid confusion, traffic congestion, or similar inconveniences, and to facilitate travel to such location. Such Signs shall be limited to as follows:

[1] The area of any such sign shall be no more than four (4) square feet.

[2] Only the minimum number of Signs necessary to accomplish any of these objectives may be authorized by the Zoning Commission.

[3] Off-site directional signs may only be indirectly illuminated with downward directed lighting.

(g) Neighborhood or Named Development Signs. A neighborhood or named development may have a Sign at each main road entrance, denoting only the name and/or address of the development. It must be permanently affixed to the ground on property owned by the development or land donated by a property owner for such use, and must be architecturally and historically appropriate Ifif located in the GFDD-1, GFDD-2, LCVD-1, LCVD-2, LCVD-3, and MFVD Districts.

(g) Real Estate "For Sale" Signs. Real Estate "For Sale" signs in all Districts which advertise the sale, lease or rental of the real property on which the sign is located may not be maintained for more than six (6) months in any twelve (12) month period without a Sign Permit. Signs maintained in excess of six (6) months shall require a temporary sign permit. No such Temporary Sign shall be maintained for more than ten (10) days after the completion of the sale or lease of the property.

(h) Signs Customary and Necessary to the Operation of Gasoline Filling Stations. The following Signs customary and necessary to the operation of gasoline filling stations require a Sign Permit:

[1] Wall-mounted Signs displayed over individual entrance doors consisting of the words "wash", "lubrication", "repair" or words of similar import, provided that there shall be not more than one (1) such Sign over each entrance, and that the letters of such Sign do not exceed ten (10) inches in height.

[2] Signs which consist of lettering or other insignia which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other matter as required by law.

[3] One (1) Sign not exceeding two and one half (2.5) square foot/feet per side (maximum) sign indicating the price per gallon of gasoline tomay be attached to the pump.

[4] Along highways on which the legal speed limit is less than thirty-five (35) miles per hour, one (1) Sign no larger than eight (8) square feet per side using numbers no larger than eighteen (18) inches in height indicating price per gallon of gasoline, and which such Sign shall be Freestanding and shall have a clearance of at least seven (7) feet from the ground, and located such that it does not interfere with driver sight lines; or

[5] Along highways on which the legal limit is thirty-five (35) miles per hour or more, one (1) Sign no larger than twelve (12) square feet per side using numbers no larger than eighteen (18) inches in height indicating price per gallon, which such Sign shall be Freestanding and shall have a clearance of at least seven (7) feet from the ground, and located such that it does not interfere with driver sight lines.

(i) Portable Signs and Sandwich Board Signs. One (1) portable or sandwich board sign is permitted per business address per road frontage, during business hours only, not to exceed nine (9) square feet per side. Portable signs and sandwich board signs are, however, not permitted for Home Occupations.

(2) Signs Not Requiring a Sign Permit. The following new Signs are allowed for legally existing uses without a Sign Permit. Such Signs shall be neither illuminated nor indirectly illuminated, except as otherwise specified herein, and meet the setback and sideline requirements for the Districts in which they are located.

(a) Auctions and Special Events Conducted by Non-Profit Organizations. A Temporary Sign, no larger than twenty (20) square feet, which advertises an auction or special event conducted by a non-profit organization, provided such sign shall not be in place more than thirty (30) days. No more than ten (10) signs advertising any such event shall be erected or maintained at any one (1) time.

(b) Banner Signs. Banners approved by the Town Council intended to provide notice of municipal events, elections, referendums, fairs, educational, athletic, or other civic events, maybe located above roadways provided such banner(s):

[1] Do not cause sight, clearance or other traffic hazards;

[2] Do not exceed minimum and/or maximum dimensions specified in state regulations;

[3] Are securely attached to permanently installed Town owned poles that comply with design, material, location, installation, height, maintenance, and other applicable regulations; and

[4] Are removed within ten (10) days after conclusion of the event.

(c) Construction Signs on Buildings or Other Significant Work. Temporary Signs, customary and necessary in connection with the erection of buildings or other significant construction work, shall be limited to one (1) sign for each construction project to include only the identification of the project, architect, sponsor or builder. Such signs shall not exceed six (6) square feet in any residential district, twenty (20) square feet in any commercial district, or thirty (30) square feet in any industrial district, and shall be removed before issuance of a Certificate of Occupancy. No sign may be affixed to a tree or telephone pole.

(d) Election Signs and Political Signs. Political Signs shall:

[1] Be non-illuminated

[2[1] Shall bBe constructed of durable material and shall not be affixed or attached to trees, traffic signs or utility poles and shall not be located upon any public right-of-way nor upon public property.

[32] Shall be Be erected not more than sixty (60) days prior to such election or referendum.

[43] Shall be Be removed within ten (10) days after said election or referendum.

[54] Shall Nnot exceed eighteen (18) square feet in area per side.

(be) Flags and Sails. No flag or sail shall contain any advertising or business or product information. Flags or sails that indicate a "welcome", "open" or similar greeting shall not exceed eighteen (18) square feet, be limited to two (2) per business, and may fly only during business hours. The flags of any nation, state, town, club, service, or military organization are exempt from any restrictions contained in these regulations.

(cf) Governmental Signs. Signs erected by the Town, the State of Connecticut, or the United States of America, provided such signs bear no commercial advertising. Such signs may be indirectly illuminated with downward directed lighting.

(d(g) Farm Stand Signs and On-farm Sale of Produce Signs:

[1] Signs on a farm for the marketing of produce raised on the farm, and signs associated with a Farm Stand located on a Farm for the marketing of produce raised on the Farm and/or other local Farms, shall be no larger than eighteen (18) square feet or two (2) signs no larger than nine (9) square feet each and shall not be lighted in any manner.

[2] No off-site signs advertising Farm produce or the Farm Stand are permitted.

[3] Farm Stand Signs and On-farm Sale of Produce Signs are considered Temporary Signs and shall be removed at the end of the produce selling season.

(h) Instructional, Directional and Safety Signs:.

[1] There shall be no more than three (3) Signs for each applicable business or activity provided the nature and location of such Signs does not create a nuisance or hazard. The owner of the enterprise/activity for which the Sign is desired must have permission of the property owner regarding Sign location. Each Sign shall not exceed two (2) square feet in area, either wall mounted or Freestanding. Such Signs may be indirectly illuminated with downward-directed lighting.

[2] Safety. Traffic control and pedestrian control Signs are permitted for licensed events. The need for these Signs must be approved by the Town of Ledyard Police and/or the Town of Ledyard Fire Marshal as a temporary measure to ensure the protection of the public.

(ei) Lawfully Existing Non-Conforming Use Signage. Signage Such signage shall include any sign that conformed to the Town’s previously adopted zoning and/or signage regulations at the time of installation or the time of fabrication conformed to then-existing sign regulations and is in support of a and also currently supports a legal use.

(fj) Memorial Signs or Tablets. Memorial signs, tablets, or signs denoting the date of erection of buildings shall be wall-mounted and shall not exceed two (2) square feet in area.

(gk) Name and Address of Resident Signs. Name and address of resident signs shall not include any commercial advertising.

(h) l) “No Trespassing" and the Posting of Land. No Trespassing signs or other such Such signs regulating the use of the property on which they are located, provided such signs do not exceed three (3) square feet in area in any Residential District or five (5) square feet in any non-residential district. The top of the Sign must not be more than five (5) feet from grade.

(i) Farm Stand Signs and On-farm Sale of Produce Signs.

[1] Signs on a farm for the marketing of produce raised on the farm, and signs associated with a Farm Stand located on a Farm for the marketing of produce raised on the Farm and/or other local Farms, shall be no larger than eighteen (18) square feet or two (2) signs no larger than nine (9) square feet each and shall not be lighted in any manner.

[2] No off-site signs advertising Farm produce or the Farm Stand are permitted.

[3] Farm Stand Signs and on-farm sale of produce Signs are considered(m) Real Estate "For Sale", “For Lease”, and “For Rent” Signs:

[1] Such Temporary Signs and shall be removed at the end of the produce selling seasonwithin fourteen (14) days after the completion of the sale, rental or lease of property. Such Signs shall not exceed eighteen (18) square feet.

[2] For subdivisions of eight (8) or more lots, in lieu of individual lot "For Sale" signs, there may be one (1) common sign, not to exceed thirty-two (32) square feet per side, advertising the property for sale, and not to be in place for more than two (2) years. These signs should be the customary signs used in the real estate industry and be made of durable materials.

(jn) Service Signs. Accessory signs incidental to a business or a profession conducted on the premises indicating hours of operation, credit cards, business affiliations and the like, provided the total area of all such signs for a single business does not exceed two (2) square feet per public entrance (non-cumulative), and is wall-mounted at or immediately adjacent to the entrance to the building on the premises.

(ko) String Lights. A business may use non-flashing holiday-type mini clear outdoor string lights to enhance landscaping; however, they must be used in such a way as to not create a public safety, health or welfare concern, and must not detract from the character of Gales Ferry and Ledyard Center.

(lp) Window Signs. A legal use business may have window signs permanently erected or maintained in one (1) window of their establishment, which is visible to any public street or highway, provided the following:

[1] No such signs (cumulative) shall comprise more than one (1) square foot per lineal front foot on the premises occupied, or a maximum of twenty-five percent (25%) of the total window areas, which ever is less.

[2] No more than thirty percent (30%) of theany window ismay be covered by the signs.

(m) Real Estate "For Sale", “For Lease”, and “For Rent” Signs. Such Signs are permitted for a maximum of six (6) continuous months without a Sign Permit. After six (6) continuous months, such Signs shall require a temporary Sign Permit or must be removed. Such Signs shall be removed within ten (10) days after the completion of the sale, rental, or lease of the property. Such Signs shall not exceed eighteen (18) square feet.

(n) Banner Signs. Banners approved by the Town Council intended to provide notice of municipal events, elections, referendums, fairs, educational, athletic, or other civic events, maybe located above roadways provided such banner(s):

[1] Do not cause sight, clearance or other traffic hazards;

[2] Do not exceed minimum and/or maximum dimensions specified in state regulations;

[3] Are securely attached to permanently installed Town owned poles that comply with design, material, location, installation, height, maintenance, and other applicable regulations;

[4] Are removed within ten (10) days after conclusion of the event.

(qo) Water Tank Tower Signs. Water tank tower Such Signs are permitted provided they are for non-commercial municipal purposes, unlighted, limited to no more than one (1) sign face, and approved by the Town Council. Such Signs are exempt from size and time limit constraints. Such Signs may take size and perspective into their design for the height, curvature, dimensions, perspective, natural illumination, and location of the water tower. Banners and flags are not permitted to be hung on or from water towns. Banners and Signs, if approved by the Town Council, are exempt from the requirement for Sign Permits.

B. Prohibited Signs:.

(1) Signs With Moving Parts. Signs which have any visible moving parts, including Signs which are designed to achieve movement by action of wind currents, or which have mobile or revolving parts or which have animated parts are not permitted. Exceptions include: time or temperature devices, barber poles ordinarily and customarily used in connection with barber shops, wind socks, Open flags, and Welcome flags which contain no advertising if they comply with all other provisions of these regulations.

(2) Flashing Signs. Illuminated or indirectly illuminated signs which incorporate in any manner any flashing or moving illumination, animation or illumination which varies in color.

(3) Hazards to Public Safety. Any Sign or sign support which constitutes a hazard to public safety or health, including Signs which by reason of size, location, content, coloring or manner of illumination obstruct the vision of a driver, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads; or which obstruct free ingress to or egress from a fire escape, door, window or other required exit way; or which make use of words such as stop, look, one way, danger, yield, or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead, or confuse traffic.

(4) Pennants. String pennants are prohibited, except for the opening of a new business, which shall not exceed fourteen (14) days.

(5) Search Lights. Search lights are by Special Permit only for special events.

(6) Projecting Signs.

(7) Truck bed and Trailer mounted Signs.

(8) Off-Site Directional Signs except by Special Permit.

(9) Inflatable Signs/Devices.

(10) Franchise or Licensed Trademark Signs. All licensed signs or signs required by franchise agreement as to color, shape, or other trademark features shall be prohibited unless they shall be installed in a manner consistent with the restrictions as to number, size, construction method and materials, location and placement structures as set

forth in these regulations. Trade signs displaying corporate logotypes, trademarks, or mandated to be used under franchise or other form of license shall conform to these regulations, or if not conforming, shall be used only upon issue of a Special Permit. An applicant for such a Special Permit shall demonstrate to the Zoning Commission that no other reasonable, conforming alternative is possible.

(11) Roof Signs.

(12) (10) Roof Signs.

(11) Internally Illuminated Signs.

(1312)Electronic Signs. LCD, Plasma, neon and LED Signs.

(1413)Home Occupation Signs.

(1514)All other Signs not specifically authorized by these regulations.

9.3 Additional Sign Standards for New Signs Specified Districts

A. Residential Districts (R-20, R-40, RM-40, R-60, R-80 and MFVD Districts).

(1) Freestanding and Wall Mounted Signs. There shall be no more than one (1) Sign which shall not exceed sixteen (16) square feet for each permitted commercial use or Special Permit Sign, and shall not exceed two (2) square feet if for a residential use. Freestanding Signs shall comply with the following regulations:

(a) The lower edge of the Sign shall not be elevated more than one (1) foot above the grade level of the site.

(b) The Sign shall be setback fifteen (15) feet from the Front lot line and ten (10) feet from a Side or Rear lot line.

(2) Illuminated Signs. Illuminated signs shall not be permitted in Residential Districts, except as otherwise specified in these regulations.Internally illuminated signs are prohibited. Indirectly illuminated signs in a Residential District may be lighted only by a continuous white down-light to reflect the light away from the adjoining property and away from the street(s).

(3) Neighborhood Entrance Signs. Permanent signs at major entrances to residential developments designed only to identify such developments shall be permitted provided such signs bear no commercial advertising and do not exceed sixteen (16) square feet in area (per side, if Freestanding). Signs shall not be elevated more than one (1) foot from the grade level of the site.

(4) Resident Name and Address Signs. Such Signs shall not exceed two (2) square feet, shall be limited to one (1) per household, and if Freestanding, the Sign’s lower edge shall be elevated no more than one (1) foot from grade..

B. Commercial and Industrial Districts (CM, NC, CIP and I Districts).

(1) Setbacks for All Signs. All Signs in Commercial and Industrial Districts must be setback ten (10) feet from the front lot line and no closer than eight (8) feet to a side or rear lot line.

(2) If a Kiosk is not being used, one (1) Freestanding Sign per property not larger than eighteen (18) square feet in area shall be usedpermitted.

(3) One (1) wall mounted, single face sign per establishment, but only as noted in [3] below is the square footage of said sign to exceed forty (40) square feet. No wall sign shallshall not project more than fifteen (15) inches, and such sign may have.

(4) Not exceed the a maximum square footage area as follows, provided that no such sign shall be higher than two (2) feet or longer thanexceed one half (1/2) the length of the space occupied by the establishment:

Distance of Sign From Front Lot Line (feet) Di

Maximum Permitted Area of Wall Mounted Sign

stance of Sign From Front Lot Line (feet)

Less than 200 feet 40 sq.ft.200 - 299 2

00 - 299

100 sq.ft.

300 - 399 300 - 399

150 sq.ft

400+ 400+

200 sq.ft.

[5](4) Any building exposed to a public way andwith a major parking area may have two wall signs, one on each opposite face in place of the one identification sign allowed in [2] above. The second signlocated in the rear of the building may have a second wall sign also located in the rear of the building that is limited to twelve (12) square feet. Where two (2) or more wall signs are affixed to one wall, the gross display area shall not exceed the allowed total area for signs [two (2) feet high by half the length of space occupied by the establishment, but not to exceed forty (40) square feet]..

[6](5) No sign in a commercial or industrial district shall be placed within forty (40) feet of a residential district boundary, or on fences, trees, or accessory structures. If the lot configuration does not permit the required setback, the sign shall be placed as far as possible from the lot line and not be illuminated.

C.(6) Illuminated Signs. Internally illuminated signs are prohibited.Standards for Lighting of Signs.

(1) a) Signs may be lighted only by continuous white downward-directed lighting. There shall be no illumination of a flashing, intermittent or moving type. Floodlighting shall be downward directed lighted so that the source is directed away from adjacent properties and traffic arteries.

(2b) Hours of Lighting. Illumination of signs is restricted to hours of operation; security lights are excluded.

(c) There shall be no illumination of a flashing, intermittent or moving type.

DC. Standards for All Signs in Gales Ferry and Ledyard Center Village Districts and Gales Ferry Design Districts (LCVD-1, LCVD-2, LCVD-3, GFDD-1 and GFDD-2).

(1) Setbacks for all Signs. All Signs shall be setback fifteen (15) feet from the front lot line, be placed no closer than fifteen (15) feet to a side or rear lot line., and shall conform to all District requirements as well as conform to the following:

(12) Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity.

(2) Signs shall fit within the existing facade features, shall be confined to signable areas, and shall not interfere with floor and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs shall be placed on a facade only in a manner historically appropriate to the style of the building.

(3) Wherever possible, Signs located on buildings within the same block face shall be placed at the same height in order to create a unified sign band.

(4) Wood and painted materials shall be used for Sign construction. Flat signs shall be framed with raised edges.

(5) Sign colors shall be compatible with the colors of the building facade.

(6) (3) Illuminated Signs. Internally illuminated signs are prohibited. Signs, if lit, shall be low level downward directed lit, and light reflection shall be contained within the sign frame and shall not significantly spill over to other portions of the building or site.

(74) Signs shall be mounted so that the method of installation is concealed.

D. Resort Commercial Cluster Districts (RCCD-1 and RCCD-2).

(1) Setbacks for all Signs. All Signs shall be setback fifteen (15) feet from the front lot line, be placed no closer than fifteen (15) feet to a side or rear lot line.

(2) Illuminated Signs. Internally illuminated signs are prohibited. Signs may be lighted only by continuous white downward-directed lighting. There shall be no illumination of a flashing, intermittent or moving type. Floodlighting shall be downward directed so that the source is directed away from adjacent properties and traffic arteries.

(3) No outdoor advertising shall take place on any part of a site unless said advertising is related to the services provided on the premises.

9.4 Application for a Sign Permit

A. For new signs requiring a Sign PermitsPermit, as indicated in these regulations, an application for a Sign Permit shall be made in writing on forms prescribed and provided by the Zoning Official, and shall include the following information:

(1) Dimensions of the Proposed Sign. The size of the proposed sign, area, height, width, thickness, illumination and material from which it is to be constructed.

(2) Detailed Drawing of the Proposed Sign. A detailed drawing showing the description of the construction details of the Sign and showing the lettering and/or pictorial matter composing the sign, position of lighting or other extraneous devices, and support structures.

(3) Site Plan of Proposed Sign. A Site Plan showing the location of the sign in relation to the building and all property lines and streets. The Zoning Official may require any other such information as may be reasonably necessary to administer the provisions of these regulations relating to signs.

(4) The Zoning Commission may establish appropriate fees for a Sign Permit. B. Unless otherwise required by in these regulations, no Site Plan review by the Zoning Commission will be required as a condition for the issuance of a zoning permit for a signSign Permit.

(5)C. The Zoning Commission approval is required for plans and locations of all new permanent Signs exceeding 16 square feet and the enlargement of existing Signs on the same location when the size exceeds 16 square feet.

D. The applicant, after consultation with the Town Planner and/or Zoning Official, may request guidance from the Zoning Commission regarding Sign applications for the Ledyard Center Village Districts or the Gales Ferry Design Districts.

E. Permanent Signs may be issued a one-time Sign Permit contingent on the Sign content remaining the same; any substantial change in content will constitute a requirement for a new Sign Permit. Minor changes may be accomplished after review by the Zoning Office. The permit shall be issued by the Zoning Office if the sign’s location remains the same and its size is not increased to exceed 16 square feet.

9.5 Issuance of Sign Permits and Related Fees

A. The Zoning Official, on finding a proposed new Sign to be in compliance with these regulations, and receipt of payment of fee, shall issue a Sign Permit.

B. The Sign Permit for a new Sign shall be void six (6) months after issue unless fabrication and installation of the sign is complete.

C. Every Sign shall bear the Sign Permit number conveniently and permanently affixed on the face or support thereof, or in such other place as authorized in writing by the Zoning Official. Failure to so affix the Sign Permit number shall constitute cause for revocation of the permit by the Zoning Official.

D. Prior to the re-issuance of business licenses, existing commercial signs must obtain a Sign Permit or a renewal Sign Permit. The sign renewal permit fee is waived upon providing the Zoning Official with signed and dated photos of the sign as required by the Zoning Official.

9.6 Special Permit

A. The following Signs shall require a Special Permit:

(1) Off-Site Directional Signs. Off-site Directional signs may be authorized by Special Permit upon application to the Zoning Commission, where the location of a legal use requires such Signs in order to avoid confusion, traffic congestion or similar inconveniences, and to facilitate travel to such location.

(a) No more than two (2) such signs shall be permitted for any one (1) use.

(b) The area of any such sign shall be no more than four (4) square feet.

(c) The use of sign plazas is preferred and, in all cases, only the minimum number of Signs necessary to accomplish any of these objectives may be authorized by the Zoning Commission.

(d) Off-site directional signs may only be indirectly illuminated with downward directed lighting.

(2) Franchise or Licensed Trademark Signs. Trade signs displaying corporate logotypes, trademarks, or mandated to be used under franchise or other form of license shall conform to these regulations, or if not conforming, shall be used only upon issue of a Special Permit. An applicant for such a Special Permit for a non-conforming sign shall demonstrate to the Zoning Commission that no other reasonable, conforming alternative is possible.

(a) No more than one (1) such sign shall be permitted for each such use, and may be permitted only in Commercial or Industrial Districts.

(b) The area of any such Sign may not exceed twenty four (24) square feet.

9.7 Temporary Signs

A. The following Temporary Signs are allowed in any District provided that the Signs conform to the following provisions, further provided that they are granted a temporary sign permit. Such temporary signs shall not be illuminated nor indirectly illuminated. These signs shall meet the restrictions and limitations as to lot placement for the designated district in which they are placed.

(1) Construction Signs on Buildings or Other Significant Work. Temporary Signs, customary and necessary in connection with the erection of buildings or other significant construction work, shall be limited to one (1) sign for each construction project to include only the identification of the project, architect, sponsor or builder. Such signs shall not exceed six (6) square feet in any residential district, twenty (20) square feet in any commercial district, or thirty (30) square feet in any industrial district, and shall be removed before issuance of a Certificate of Occupancy. No sign may be affixed to a tree or telephone pole.

(2) Auctions and Special Events Conducted by Non-Profit Organizations. A Temporary Sign, no larger than twenty (20) square feet, which advertises an auction or special event conducted by a non-profit organization, provided such sign shall not be in place more than thirty (30) days. No more than ten (10) signs advertising any such event shall be erected or maintained at any one (1) time.

(3) Real Estate "For Sale", “For Lease”, and “For Rent” Signs.

(a) Such Signs are permitted for a maximum of six (6) continuous months without a Sign Permit. After six (6) continuous months, such Signs shall require a Temporary Sign Permit or be removed. Such Signs shall be removed within ten (10) days after the completion of the sale, rental or lease of property. Such Signs shall not exceed eighteen (18) square feet.

(b) For subdivisions of eight (8) or more lots, in lieu of individual lot "For Sale" signs, there may be one (1) common sign, not to exceed thirty-two (32) square feet per side, advertising the property for sale, and not to be in place for more than two (2) years. These signs should be the customary signs used in the real estate industry and be made of durable materials.

B. Temporary Sign Permits and Fees.

(1) Any Temporary Sign will require a deposit, the amount to be set by the Zoning Commission and approved by the Town Council from time to time. No Temporary Sign, as described in these regulations, shall be erected, installed or maintained without first payment of the deposit and obtaining a permit. Any such permit may be issued for a period not to exceed six (6) months and shall provide that any sign authorized by such permit shall be removed at the expiration of said six (6) months period, or within ten (10) days after the completion of the activity advertised, whichever shall be sooner.

(2) Except for Real Estate “For Sale”, “For Lease”, and “For Rent” Signs, no permit for a Temporary Sign may be extended or renewed, and any Temporary Sign which remains in place for more than six (6) months shall be deemed a Permanent Sign and shall be so regulated, unless otherwise specified herein.

(3) If the applicant shall fail to remove such Temporary Sign, the Zoning Official, after a ten (10) days written notice to the applicant to remove such sign(s), and after the failure of the applicant to do so, shall cause said signs to be removed and the cash deposit shall be forfeited to help defray the cost of the removal.

9.6 Hazardous, Obsolete, and Non-Conforming Signs

A. No Sign deemed hazardous shall be maintained or erected in Town. Signs must be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring, loose fastenings and must be maintained at all times in such safe condition so as not to be detrimental to the public health and safety.

B. No sign deemed obsolete shall be erected or maintained which advertises a product, use or activity no longer available, for sale, or in use on the premises. Such obsolete signs shall be removed within thirty (30) days after the date they

become obsolete. This provision does not apply to seasonal activities and uses that are closed during regular periods. Any SignSigns must be located on the premises on which the business or service is located; except one (1) Sign may be erected on a previous site of a business or service which is relocated for reasons of an unforeseen disaster (e.g., fire, flood) for a period of fifteen (15) months.

C. Non-conforming Ssigns. Existing sign of a size or type not permitted in the District in which they are situate, or which do not conform to all the provisions of these regulations, will be considered non-conforming structures under this Section. Any increase in size shall be deemed to be an enlargement or extension producing an increase in non-conformity. Non-conforming Signs shall not be relocated to any other location unless such relocation results in eliminating the non-conformity. which are relocated or replaced, shall comply with the provisions of these regulations.

9.97 Violations and Removal of Unlawful or Unsafe Signs

A. In the event of a violation of any of the foregoing provisions of these regulations, the Zoning Official shall implement the enforcement provisions of §15.0 of these regulations.

B. Upon failure to comply with the enforcement provisions specified above, the Zoning Official shall request appropriate legal action to be taken to obtain conformance or removal of such Sign. When any Sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the Zoning Official is hereby authorized to cause any such Sign to be removed summarily without notice.

SECTION 10.0: OFF-STREET PARKING AND LOADING

10.1 General RequirementsA. The minimum parking space for each motor vehicle shall not be less than two hundred (200) square feet. This

area is exclusive of access to the parking spaces themselves.

(1) Exception: On-street parking requirements for the Ledyard Center Village Districts (LCVD-1, LCVD-2 and LCVD-3) are outlined in Section 10.4(B).

B. Landscaping: In all Commercial and Industrial Districts, a landscaped area in addition to any required buffer zone, shall be at least thirty-three (33%) of the minimum required Parking Area.

C. Excess: The Zoning Commission may require the minimum off-street Parking Areas to be exceeded in the interest of public safety or to avoid congestion in the streets.

D. Storage/Retail Reduction: Consideration shall be given to the maximum required off-street parking spaces when a permitted use has a large area for storage and is not part of the retail floor area.

E. Buffers: The Zoning Commission shall require that a minimum buffer zone of five hundred (500) feet from all adjoining uses with the exception of the primary use be maintained around a Parking Area approved in accordance with Section 10.0. The Zoning Commission may waive the minimum buffer distance if the applicant can demonstrate that the project will provide adequate Screening from adjoining properties through natural vegetation, natural topography or plantings satisfactory to the Zoning Commission.

F. Lighting: Lighting for Parking Areas approved in accordance with Section 10.0 shall be of a design to provide adequately shielded downlighting to protect off-site properties.

G. Noise: The intent of this Section is to minimize the impacts to adjacent properties. Anything subject to a Special Permit which generates noise other than normal vehicular traffic associated with the primary use shall take necessary steps to minimize noise impacts on adjacent properties. No diesel vehicles shall be allowed to run for extended periods beyond what is necessary to drop off and pick up passengers. A. Applicability. Off-street parking and loading shall be provided in accordance with this Section for any building or use hereafter erected, established, enlarged, increased, or exchanged. The number of parking and loading spaces required shall be based on construction or development activity after the effective date of these regulations. Parking and loading space shall be maintained and shall not be encroached upon so long as said principal building or use remains, unless an equivalent number of such spaces is provided elsewhere in conformance with these regulations.

B. Parking shall be provided as necessary to meet the requirements of the Americans with Disabilities Act (ADA).

10.2 Residential Districts (R-20, R-40, R-60, R-80)

A. The minimum number of off-street parking spaces for each building use is as follows:

Use # of SpacesSingle-Family Dwelling 2 mandatory; 1 per Boarder, Roomer, employee or customerMultiple Family Dwelling 2 per unit mandatory; 1 per Boarder, Roomer, employee or customerEducational Institution 1 per employee; 1 per every 3 students aged 16 and overReligious Institution 1 per 10 parishionersClubs 1 per employee; 1 per 3 membersHospitals & Clinics 1 per major shift employee; 1 per bedBed & Breakfast 2 off-street for owner; 1 off-street per guest room. See Section 10.10 for additional

regulations

Country Inn 2 off-street for owner; 1 off-street per guest room; 1 per each employee on largest shift. See Section 10.11 for additional regulations

Home Occupation See Section 10.12 for regulationsResidential Care Home 1 per detached Dwelling Unit; 2 per attached unit; 1 visitor space for every 3 units; 1

space for each employee on largest shift; 1 visitor space for every 3 patients See Section 10.13 for additional regulations

Assisted Living for Seniors 1 per detached Dwelling Unit; 1 per 2 attached units; 1 visitor space for every 3 units; 1 space for each employee on both of the largest shifts who will be at facility at same time; 1 visitor space for every 3 patients

10.3 Mobile Manufactured Home Land Lease Community (RM-40)

A. Parking within the Mobile Home Land Lease Community shall be constructed in accordance with the following specifications:

(1) Adequate paved, or covered and paved, space shall be provided on each site for the parking of at least two (2) cars. Resident parking shall be located to the left or right of each home behind the front extended plane of the home, or alternatively, parking may be provided behind the home if out of view from the roadway. Each land lease site is permitted to have an attached one (1) or two (2) car garage which provides end to end or side by side covered paved parking.

(2) Additional Additional Parking Areas.

(a) Guest Parking Areas. Such guest parking shall be provided at the rate of not less than one (1) space per every four (4) lease sites at convenient and accessible locations. If permitted by the Community Rules and Regulations, guests may park off-street within the individual paved driveway areas provided at each home site, in which case the on-site guest parking space may be credited on a one (1) for one (1) basis towards the off-site guest paved parking space requirement. It is intended that this provision will reduce or eliminate the need for off-site paved guest parking.

(b) Additional parking, as appropriate, shall be provided if there is a Community Center and/or recreation facility.

(c) Paved remote parking for trailered boats, motor homes, and Travel Trailers, shall be provided at a minimum rate of one (1) space per every eight (8) lease sites. Boat Storage without the use of a trailer is not permitted in the paved remote Parking Area on individual home sites. The remote paved Parking Area shall be screened to minimize its view from residents of the community and from adjoining properties. Fencing shall not be used to create the required Screening.

(3) To provide for emergency vehicle access at all times, safety and for snow removal, residents and guests shall not park on the community roadways at any time. Appropriate street signs shall be installed, and the Community Rules and Regulations shall reflect the requirement, which shall be the responsibility of the community owner to properly enforce at all times. On-roadway parking constitutes a violation of the requirements of the Special Permit.

(3) Parking is prohibited on the community roadways at any times to provide for emergency vehicle access at all times, safety and for snow removal. Appropriate street signs shall be installed, and the Community Rules and Regulations shall reflect the requirement, which shall be the responsibility of the community owner to properly enforce at all times. On-roadway parking shall constitute a violation of the requirements of the Special Permit.

10.4 Ledyard Center Village Districts (LCVD-1, LCVD-2, LCVD-3)

A. Off-street parking shall meet the following requirements:

(1) Off-street surface parking lots shall be set back a minimum of ten (10) feet from the sidewalk line.

(2) All parking lots must be screened to meet the standards of the ARB.

(3) Circular drives are prohibited except for Civic Buildings in LCVD-1, and LCVD-2. Circular drives are permitted in LCVD-3.

(4) Off-street Parking Areas in front of new buildings are prohibited. Off-street Parking Areas in front of existing buildings shall be discouraged wherever alternative parking solutions exist.

B. On-street parking. On-street parking is permitted and encouraged throughout the District. Parking need not be contiguous with the building or the use it serves and shall meet the following requirements:

(1) Minimum parking requirements in the LCVD-1 and LCVD-2 are as follows:

(a) Two (2) spaces/Dwelling Unit.

(b) One (1) space/400 square feet of retail.

(c) One (1) space/300 square feet of Office.

(2) Minimum parking space dimensions for head-in or diagonal parking shall be nine (9) feet by seventeen (17) feet with ten (10) foot drive lanes or twenty (20) feet for two-way traffic, and parallel parking spaces shall be eight (8) feet by twenty (20) feet minimum with ten (10) foot drive lanes or twenty (20) feet for two-way traffic.

(3) Parking shall be provided as necessary to meet the requirements of the Americans with Disabilities Act (ADA).

(4) The selection of diagonal or parallel parking along any section of road shall be determined in consultation with the Public Works Director and Town Planner.

10.5 Gales Ferry Design District (GFDD-1, GFDD-2)

A. Off-street parking shall meet the following requirements:

(1) Maximum Lot Coverage by all impervious surfaces including buildings, Parking Areas, access roads, and others shall not exceed forty percent (40%) of the total area.

(2) Off-street surface parking lots shall be set back a minimum of ten (10) feet from the sidewalk line.

(3) All parking lots must be Screened to meet the standards of the ARB.

(4) Alleys may be incorporated into lots as standard drive aisles.

(5) Access to all properties adjacent to the alley shall be maintained. Access between parking lots across property lines is also encouraged.

(4) Circular drives are prohibited except for Civic Buildings in GFDD-1 and GFDD-2.

(7) Where space permits, garage doors shall face the side or the rear, not the front.

(5) Off-street Parking Areas in front of new buildings are prohibited. Off-street Parking Areas in front of existing buildings shall be discouraged wherever alternative parking solutions exist.

B. On-street parking is not encouraged in GFDD-1 and GFDD-2, however it may be recommended by the ARB. All on-street parking must be approved by the Public Works Director and the Town Planner. If on-street parking is provided, it shall meet the requirements of the American Disabilities Act (ADA).

B. On-street parking shall meet the following requirements:

(1) On-street parking is permitted and encouraged throughout the District. Parking need not be contiguous with the building or the use it serves.

(2) Minimum parking requirements in the LCVD-1 and LCVD-2 are as follows:

(a) Two (2) spaces/Dwelling Unit.

(b) One (1) space/400 square feet of retail.

(c) One (1) space/300 square feet of Office.

(3) Minimum parking space dimensions for head-in or diagonal parking shall be 9x17 with ten (10) foot drive lanes (20’ for two-way traffic) and parallel parking spaces shall be 8x20 minimum with ten (10) foot drive lanes (20’ for two-way traffic).

(4) Parking shall be provided as necessary to meet the requirements of the Americans with Disabilities Act (ADA).

(5) The selection of diagonal or parallel parking along any section of road shall be determined in consultation with the Public Works Director and Town Planner.

SECTION 10.0: OFF-STREET PARKING AND LOADING

SECTION 10.0: OFF-STREET PARKING AND LOADING

10.6 Commercial and Industrial Districts (CM, NC, CIP, and I)

A. The minimum number of off-street parking spaces for each building use is as follows:

Use # of SpacesAuto Equipment and Sales; service stations, limited repairers

1 space per 400 square feet of gross floor area

Department stores 1 space per 100 square feet of gross floor areaFast Food Restaurants 1 space per 200 square feet gross floor area plus 15 spacesManufacturing and industrial plant 1 space per major shift employeeMuseum 1 space per 700 square feet of gross floor area plus 1 space per

major shift employeeMotels & Hotels 1 space per room plus 1 space per major shift employeeOffice, Financial Institutions 1 per 200 square feet of gross floor areaRestaurants 1 space per table plus 1 space per major shift employeeRetail Stores, Personal Service Establishments, Recreational Facilities

1 per 133 square feet of gross floor area

Theater 1 space per 2 seats and 1 space per shift employee

Shopping Center 1 space per 175 square feet of gross floor area; minimum of 125 spaces

B. Any use permitted in a Commercial District and not specifically mentioned above: one (1) space per one hundred fifty (150) square feet of gross floor area plus one (1) space per major shift employee.

C. Any use permitted in an Industrial District and not specifically mentioned above: one (1) space per major shift employee.

10.7 Fee in Lieu of Parking

A. Off-street parking requirements within the LCVD-1, LCVD-2, LCVD-3, GFDD-1, GFDD-2, CM and NC Districts may be satisfied by payment of an in-lieu parking fee.

(1) To establish a payment in-lieu parking fee, an application must be made to the Zoning Commission. The application must include a plan for shared parking agreed upon with the Town Engineer.

(2) The in-lieu parking fee shall be at a rate established by the Zoning Commission, and shall be:

(a) Equivalent to the Town’s estimated cost of providing the required parking spaces to serve the proposed use.

(b) Paid prior to the date the Certificate of Occupancy is issued.

(c) Deposited in the Town Parking Fund.

3) Off-street parking plans sanctioned by the Zoning Commission shall run with the land.

(3) Parking requirements must be evaluated upon changes in property use.

10.8 Shared Parking

A. When possible, the sharing of parking lots for different structures and uses is encouraged in all Districts.

(1) To establish shared parking, the following requirements must be satisfied:

(a) An application must be made to the Zoning Commission.

SECTION 10.0: OFF-STREET PARKING AND LOADING

(b) A reciprocal written agreement must be executed by all parties with interest in the parking lot that assures perpetual joint use of such common parking.

(c) A parking study, if requested by the Zoning Commission, which includes the following information:

[1] The type and hours of operation and parking demand for each use;

[2] A Site Plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot;

[3] A description of the character of land uses; and

[4] An estimate of anticipated turnover in parking space use over the course of twelve (12) to twenty-four (24) hours at a site.

(d) Parking spaces to be shared must not be reserved for individuals or groups on a twenty-four (24) hour basis.

(e) Uses sharing a parking facility do not need to be located on the same lot, but suach use shall be no more than five hundred (500) feet from the closest parking space in the shared parking lot. A waiver of the maximum allowable distance between the use and the shared parking lot may be approved by the Zoning Commission with written justification and supporting information providing by the applicant.

(f) Uses sharing a parking lot shall provide for safe, well-marked pedestrian crossings, signage and adequate lighting.

(2) If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, this will constitute a violation of these zoning regulations for any use approved expressly with shared parking unless the interested parties notified the Zoning Official of the change in writing and provide a parking plan within sixty (60) days from the date notice was provided.

(3) Where shared parking is provided among a mix of land uses, the Zoning Commission may allow the following at the applicant’s request:

(a) Up to thirty percent (30%) of the parking spaces required for the Predominant Use on a site may be shared with other uses operating during the same time of day and days of the week.

(b) Up to seventy-five percent (75%) of the parking spaces required for uses with evening peak hours.

(c) Up to seventy-five percent (75%) of parking spaces required for uses that are in operation exclusively on the weekends.

10.9 Assisted Living for Seniors

A. One (1) parking space shall be required for each detached Dwelling Unit.

B. One (1) parking space for every two (2) attached units.

C. One (1) visitor parking space shall be required for every three (3) Dwelling Units.

D. One (1) parking space for each employee employed on both of the two (2) largest shifts.

E. All parking spaces shall meet the requirements of this Section.

10.10 Bed and Breakfasts

A. Parking for Bed and Breakfasts must be designated on the submitted Site Plan.

B. There shall be at least two (2) off-street parking spaces designated on the Site Plan for the owner and one (1) additional off-street parking space for each guest room.

C. Parking must allow for access by emergency vehicles without blocking cars.

SECTION 10.0: OFF-STREET PARKING AND LOADING

D. Parking for all guests must be located behind the principal structure, or naturally screened by a combination of distance and vegetation so as not to be seen from the street and adjacent properties.

E. The operation, including the Parking Area, the lot configuration and building locations shall be such as to preserve both the structure and the residential nature of the neighborhood in which it is located.

10.11 Country Inn

A. Parking for Country Inns must be designated on the submitted Site Plan.

B. There shall be at least two (2) off-street parking spaces designated on the Site Plan for the owner and one (1) additional off-street parking space for each guest room. In addition, there shall be one (1) additional off-street parking space for each employee on the largest shift.

C. Parking must allow for access by emergency vehicles without blocking cars.

D. All parking must be screened by principal site structures, or by a combination of distance and vegetation, so as not to be seen from the street and adjacent properties.

10.12 Home Occupations

A. No more than one (1) Motor Vehicle, not in excess of a fifteen thousand (15,000) pound gross weight rating, used in support of the Home Occupation, may be parked outdoors on the normal Parking Area of the premises. No vehicles used in the business shall be parked on the street.

B. The one (1) permitted non-resident employee, if any, who works in the home must park off the street.

C. Customers, clients, students, and vendors shall park off the street on an existing paved or crushed stone Parking Area previously established for the residence.

10.13 Residential Care Home

A. Off street parking may be provided in any combination of headfirst parking spots, Driveway spaces, or garage spaces.

B. The minimum number of required off-street parking spaces shall be as follows:

(1) For each detached Dwelling Unit: one (1) parking space.

(2) For every two (2) attached units: one (1) parking space.

(3) For every three (3) Dwelling Units: one (1) visitor parking space.

(4) For every employee on both of the two (2) largest shifts: one (1) parking space.

(5) For every three (3) patients: one (1) visitor parking space.

SECTION 11.0: ALTERNATIVE ENERGY SYSTEMS

11.1 Small Wind Energy Systems

A. Purpose:. To allow the placement of a Small Wind Energy System for the purpose of converting, capturing, and utilizing electrical energy; such a conversion system and may consist of a wind turbine, nacelle, generator, a Tower and its support structures, associated control, and conversion electronics for personal use less than twenty (20) kwa within the Town of Ledyard. To accommodate the need for on-site wind generation of electricity while:

(1) Protecting nearby properties from acoustic nuisance;

(2) Reducing the potential of damage to neighboring properties in the event of a system failure;

(3) Reducing the potential of injury to wildlife;

(4) Protecting the ambiance of the Ledyard Center Village Districts and the Gales Ferry Design Districts; and

(5) Protecting scenic vistas, nature preserves, and scenic roadways.

B. Applicability:. These regulations are intended to be applicable to Small Wind Energy Systems designed for on-site residential, farm, and small private commercial uses. Wind energy systems of up to twenty (20) KW are permitted.

C. Constraints: Small Wind Energy Systems, as defined in these zoning regulations, are permitted in accordance with the Schedule of Uses, provided the requirements of Section 7.0 “Special Permits” and the following regulations are met:

(1) A Small Wind Energy System shall provide electricity only in support of a principal or Accessory Use of the parcel on which it is located.

(2) A maximum of one (1) Small Wind Energy System shall be allowed on any parcel, or on one (1) set of contiguous parcels held in common ownership, whichever is fewer, as an Accessory Use provided the Small Wind Energy System contains no signage, is not illuminated, and does not conflict with other requirements.

(3) Excess electricity generated by Small Wind Energy Systems in Residential Districts may be transferred and sold back into the electric grid and/or may be stored onsite for future use.

(4) Safety lighting and perimeter safety fencing is not permitted for systems in Residential Districts.

(5) A Small Wind Energy Systems shall be setback from property lines at a distance equal to the maximum height of the system, including the ’s maximum height, including tip of rotor, shall not exceed one hundred thirty-five (135) feet above ground or thirty-five (35) feet above an existing principal or Accessory Structure, whichever is higher.

(6) A Small Wind Energy System rotor tip minimum height shall not be less than thirty-five (35) feet above ground or less than ten (10) feet above the height of the highest structure on the parcel, whichever is higher.

(7) No part of the Small Wind Energy System, including supporting guy wires (if any), shall extend closer than thirty (30) feet to any property boundary.

(86) Small Wind Energy Systems, including towers or alternative turbine support structures, and supporting guy wires (if any), shall not be located in any Front Yard or front setback area.

(97) To assure that the Small Wind Energy System cannot fall on the property of another, setbacks for the base of a tower from the nearest property line shall not be less than the height (including rotor tip) of the Small Wind Energy System. This requirement is waived if the Small Wind Energy System is installed on a preexisting silo or other substantial preexisting structure and does not have any guy wires.

(10) The predicted sound levels created by the Small Wind Energy System, as provided by the manufacturer, as a function of wind speed and distance, shall not exceed twenty (20) dba, or four (4) dba more than the ambient sound (when greater than twenty (20) dba), at the nearest property line.

(811) The Special Permit is valid only for the specific Small Wind Energy System (make, model, and tower) as proposed in the application.

(12) A Small Wind Energy System shall not be permitted:

(a) Within three-hundred (300) feet of a designated “scenic road,”

(b) If it is in or abuts a designated “Historic District,” “Wildlife Preserve,” “Nature Preserve,”“Wilderness Area,” “Park,” “Wildlife Sanctuary,” or equivalent areas;

(c) If the location conflicts with Coastal Area Management regulations;

(d) If it impairs the scenic vista from another residence; or

(e) If it impairs the scenic vista from a park, preserve, or public viewing area.

(913) The Small Wind Energy System shall be designed and sited such that entry onto abutting property is not required for its installation, removal, maintenance, or repair. A Small Wind Energy System shall not be permitted if it requires an easement for installation, removal, noise, electromagnetic interference, fall radius, maintenance, replacement, or other purpose.

(104) The Small Wind Energy System shall be considered abandoned and its Special Permit shall be void if the system fails to generate electricity during any continuous twelve (12) month period.

C. Additional Requirements

(11) Commercial Signs, advertising, and lighting, with the exception of safety lighting in non-residential districts, shall not be permitted on a Small Wind Energy System.

(2) The Small Wind Energy System shall be such that the turbine blades are windward of the tower.

(123) The Small Wind Energy System shall comply with all applicable Federal Aviation Administration requirements.

(4) The Small Wind Energy System shall be designed and sited such that entry onto abutting property is not required for its installation, removal, maintenance, or repair.

(5) Climbing pegs shall not be located closer than twelve (12) feet to the ground level.

(146) Power transmission lines and system control lines from the tower to any other structure shall be underground.

(157) Climbing pegs shall not be located closer than twelve (12) feet to the ground level. To protect wildlife, improve aesthetics, reduce noise, and discourage authorized climbing, open type (lattice or cross braced) towers are not permitted. D. Application Requirements:

(1) The proposed Small Wind Energy System design must be certified by a recognized national safety program such as Underwriter Laboratories or the equivalent.

(2) The application shall include charts showing sound levels generated by the proposed Small Wind Energy System as a function of distance and wind speeds. In addition, during the public hearing, the applicant will describe predicted changes in sound levels as a function of loading (fully charged battery, fully discharged battery, full disconnect from electric grid, free-wheeling turbine, locked turbine) and how the system will not exceed the sound level limit at the property line under these conditions.

(23) The application will include manufacturer recommended maintenance schedules and procedures including procedures of how to safely access the associated control or conversion electronics, generator, and turbine blades for cleaning, repair, and replacement.

(4) Notice, as confirmed by a “certificate of mailing” receipt, of the application for installation of a Small Wind Energy System, with the time, date, and location of its public hearing, is provided to all property owners within three-hundred (300) feet of the property on which the system is to be located. The receipts will be submitted during the public hearing.

(35) Certification, provided by the manufacturer of the system's tower design, shall be provided that shows it (a) will withstand continuous one hundred and ten (110) MPH wind speeds, and (b) will be in compliance with the Connecticut Building Code, including confirmation that it will meet the Uniform Building Code Wind Exposure D requirements or equivalent for the soil class on which it will be installed.

(46) Written confirmation that the electric utility service provider has been informed of, and has approved of, the applicant's intent to install an interconnected customer-owned electricity generator. (This requirement is waived if the applicant does not intend to connect his proposed system to the commercial electric grid.)

(57) The application shall be accompanied by a plot plan drawn to scale showing the parcel boundaries, location of nearest off site residences, location of the Tower, existing grade elevation, location of all structures on the parcel, location of above ground power lines and other above ground utility lines.

(8) The drawings shall include a showing of the dimensions of the various structural components of the Tower's construction.

(69) The application shall include the make, model, year, specifications, noise level charts, power output, maintenance requirements, and an overview description of the proposed Small Wind Energy System, including footings, tower, rotor or blade system, the associated control or conversion electronics, the generator, and the minimum and maximum heights above ground of the turbine blade tips, and appropriate drawings illustrating such dimensions of the various structural components.

(710) Sufficient information to show that the proposed site shall have sufficient access to unimpeded air flow for adequate operation in accordance with the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.

(8) Sufficient information to show that noise generated by the Small Wind Energy System will comply at the nearest property line with requiarements of the Connecticut Regulations for the Control of Noise and C.G.S. Title 22a (Environmental Protection) Chapter 442 (Noise Pollution Control).

(9) Sufficient information to show that wildlife will not be harmed.

(10) Sufficient information to show that Connecticut designated and Ledyard designated Scenic Roads and Scenic Vistas will not be degraded.

E. Acoustic Nuisance

(1) Upon complaint, ambient and small wind generator sound level measurements shall be performed at the nearest property line by an agent designated by the Commission. The fee for this service which shall be paid for by the complainant unless permitted thresholds have been exceeded, in which case the owner of the Small Wind Energy System owner shall pay the fee.

(2) If the sound limit threshold (20 dba) is exceeded, the installation shall be considered a public nuisance and the violation shall be either corrected, or the Small Wind Energy System removed, within thirty (30) days from the date of notification.

11.2 Solar Energy Systems

A. Purpose. To accommodate the need for active and passive Solar Energy Systems.

B. Ground mounted Solar Energy Systems are permitted in accordance with the Schedule A: Permitted Uses provided the requirements of Section 7.0 “Special Permits” and the following regulations are met:

(1) Location Requirements: No free-standing accessory solar energy building or structure shall be built on any lot on which there is not a principal building. Accessory solar energy buildings or structures are permitted subject to the following conditions:

(a) No Solar Energy Accessory Building or Structure shall be permitted in any required Front Yard or any required Side Yard.

(b) Solar Energy Accessory Buildings or Structures are permitted in the Rear Yard and shall not be closer than six (6) feet from any side or rear property line.

(c) The total of all Solar Energy Accessory Buildings or Structures shall not occupy more than forty percent (40%) of the Rear Yard.

(d) No free-standing accessory Solar Energy Building or Structure shall exceed fifteen (15) feet in height.

(e) All Solar Energy Accessory Buildings or Structures shall be located at least six (6) feet from any Principal Building situated on the same lot.

B. Roof mounted Solar Energy Systems are permitted in all districts but are subject to the Design Guidelines if in a Ledyard Center Village District or if in a Gales Ferry Design District.

SECTION 12.0: NATURAL RESOURCES

12.1 Coastal Area Management

A. Purpose:. All Buildings, Uses, and Structures fully or partially within the coastal boundary, as defined in Chapter 444, Section 22a-94 of the Connecticut General Statutes and depicted on the Town of Ledyard Zoning Map, shall be subject to the Coastal Site Plan review requirements and procedures in Sections 22a-105 through 22a-109 of the Connecticut General Statutes.

B The following activities are hereby exempted from Coastal Site Plan review requirements under the authority of subsection (b) of Section 22a-109 of the Connecticut General Statutes:

(1) Gardening, grazing, and the harvesting of crops;

(2) Minor additions to, or modifications of, existing Buildings or Accessory Buildings;

(3) Construction of new or modification of existing Structures incidental to the enjoyment and maintenance of residential property including, but not limited to, walks, terraces, Driveways, tennis courts, and Accessory Buildings;

(4) Construction of new, or modification of existing, on-premise fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water and sewer service lines, signs and such other minor structures as will not substantially alter the natural character of coastal resources as defined by Section 22a-93 (7) of the Connecticut General Statutes;

(5) Construction of a Single-Family Dwelling except in or within one hundred (100) feet of the following coastal resource areas as defined by Section 22a-93 (7) of the Connecticut General Statutes: tidal wetlands, coastal bluffs and escarpments, and beaches and dunes;

(6) Activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife, and other coastal land and water resources;

(7) Interior modifications to Buildings; and

(8) Minor changes in use of Building, Structure or property except those changes occurring on property adjacent to or abutting coastal waters.

C. The following applications are subject to the Coastal Site Plan review requirements and procedures, unless located fully or partially within the coastal area:

(1) Site Plans submitted to the Zoning Commission in accordance with Section 22a-109 of the Connecticut General Statutes;

(2) Applications for a Special Permit submitted to the Zoning Commission in accordance with Section 8-2 of the Connecticut General Statutes and Section 7.0 of these regulations;

(3) Applications for a variance submitted to the Zoning Board of Appeals in accordance with subdivision (3) of Section 8-6 of the Connecticut General Statutes and Section 15.9 of these regulations; and

(4) A referral of a proposed municipal project to the Planning Commission in accordance with Section 8-24 of the Connecticut General Statutes.

D. Coastal Site Plan.: In addition to meeting the other requirements of these regulations, all applicants for zoning permits, Special Permits, or variances relating to uses proposed for location fully or partially within the coastal area shall submit a Coastal Site Plan which shall accomplish the following:

(1) Show the location and spatial relationship of coastal resources on and contiguous to the site;

(2) Describe the entire project with appropriate plans, indicating project location, design, timing and methods of construction;

SECTION 12.0: NATURAL RESOURCES

(3) Assess the capability of the resources to accommodate the proposed use;

(4) Assess the suitability of the project for the proposed site;

(5) Evaluate the potential beneficial and adverse impacts of the project and describe proposed methods to mitigate adverse effects on coastal resources; and

(6) Demonstrate that the adverse impacts of the proposed activity are acceptable and demonstrate that such activity is consistent with the goals and policies in Section 22a-92 of the Connecticut General Statutes.

E. Coastal Site Plan Review.: In addition to any other applicable Site Plan review criteria prescribed by these Zoning Regulations as set out in Section 6.0, a Coastal Site Plan required under this Section shall be reviewed and may be modified, conditioned, or denied in accordance with the procedures and criteria listed in this Section of these Zoning Regulations.

(1) The Zoning Commission may, at its discretion, hold a public hearing, in accordance with Section 15.8 of these regulations, on any Coastal Site Plan submitted to it for review.

(2) In determining the acceptability of potential adverse impacts of the proposed activity described in the Coastal Site Plan on both the coastal resources and the future water dependent development opportunities, the Zoning Commission shall:

(a) Consider the characteristics of the site, including the location and condition of any coastal resources defined in Section 22a-93 of the Connecticut General Statutes;

(b) Consider the potential effects, both beneficial and adverse, of the proposed activity on coastal resources and future water-dependent development opportunities; and

(c) Follow all applicable goals and policies stated in Section 22a-92 of the Connecticut General Statutes and identify any conflicts between the proposed activity and any goal or policy. When approving, modifying, conditioning or denying a Coastal Site Plan on the basis of the criteria herein prescribed, the Zoning Commission shall state, in writing, the findings and reasons for its action and shall send a copy of any decision by certified mail to the person who submitted such plan within fifteen (15) days after such decision is rendered.

(3) In approving any activity proposed in a Coastal Site Plan, the Zoning Commission shall make a written finding that the proposed activity with any conditions or required modification:

(a) Is consistent with all applicable goals and policies in Section 22a-92 of the Connecticut General Statutes; and

(b) Incorporate as conditions or modifications all reasonable measures which would mitigate the adverse impacts of the proposed activity on both coastal resources and future water-dependent development activities.

F. Bond:. As a condition to a Coastal Site Plan approval, the Zoning Commission may require a bond or other surety or financial security arrangement to secure compliance with any modifications, conditions, or other terms stated in its approval of the plan. The bonding procedure shall follow Section 15.6 of the Zoning Regulations.

G. Violations:. Any activity within the defined coastal area not exempt from Coastal Site Plan review pursuant to Section 12.1(C) above, which occurs without having received a lawful approval from the Zoning Commission under all of the applicable procedures and criteria prescribed by these Zoning Regulations or which violates the terms and conditions of such approval, shall be deemed a public nuisance and appropriate legal remedies will be taken by the Zoning Commission for the abatement of such nuisance.

H. Time Limitations.: Whenever the approval of the Coastal Site Plan is the only requirement to be met or remaining to be met under these regulations for a proposed building use or structure, a decision on an application for approval of such Site Plan shall be rendered within sixty-five (65) days after receipt of such plan. The applicant may consent to one (1) or more extensions of such period, provided the total period of any such extension or extensions shall not exceed two (2) further sixty-five (65) day periods, or may withdraw such plan.

SECTION 12.0: NATURAL RESOURCES

12.2 Soil Erosion and Sediment Control Plan

A. In accordance with Connecticut General Statutes. Section 22a-325 to 22a-329 inclusive, a Soil Erosion and Sediment Control Plan shall be submitted with any application for development when the Disturbed Area of such development is cumulatively more than one-half (1/2) acre. The Soil Erosion and Sediment Control Plan shall, in mapped and narrative form, contain proper measures to be taken to control erosion and sedimentation during and after construction. The Soil Erosion and Sediment Control Plan shall be based on the "Connecticut Guidelines for Soil Erosion and Sediment Control," (1985) as amended.

B. Site Plan Requirements:

(1) The Soil Erosion and Sediment Control Plan shall include the following:

(a) Locations and descriptions of the proposed development and adjacent properties;

(b) Locations of areas to be stripped of vegetation, regraded and contour data indicating existing and proposed grades;

(c) A schedule of operations, including the sequence of major improvement phases such as clearing, grading, paving, installation of drainage features and the like;

(d) Seeding, sodding or revegetation plans and specifications for all unprotected or unvegetated areas;

(e) Location, design and timing of structural control measures, such as diversions, waterways, grade stabilization structures, debris basins and the like. The narrative shall indicate design criteria used in the design of control measures;

(f) A description of procedures to be followed to maintain sediment control measures;

(g) The name of the individual responsible for monitoring the plan with whom an inspector for the Town may contact routinely; and

(h) The plan map shall show the words: "Erosion and Sediment Control Plan" with space for the date and signature of the Certifying Authority.

C. Approval.: After review of the Soil Erosion and Sediment Control Plan by the Zoning Commission or its designated agent, the appropriate authority shall certify, modify and certify, or deny that the Soil Erosion and Sediment Control Plan complies with these regulations. A vote of the Zoning Commission to approve a Site Plan shall mean Certification of the Soil Erosion and Sediment Control Plan as well. Prior to Certification, any plan submitted to the Zoning Commission may be referred to any agency, deemed appropriate by the Zoning Commission, or recommendations concerning the Soil Erosion and Sediment Control Plan, provided such review shall be completed within thirty (30) days of the receipt of such plan.

D. Bond.: The estimated costs of measures required to control soil Erosion and sedimentation, as specified in the certified plan, may be covered in the performance bond or other insurance acceptable to the Zoning Commission in accordance with Section 15.6 of these regulations.

E. Inspection.: The Zoning Commission or its designated agent shall periodically conduct inspections, or periodic reviews, to verify compliance with the certified plan and that Erosion and sediment control measures are properly performed or installed and maintained. The Zoning Commission or its designated agent may require the applicant to submit progress reports which show that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being correctly operated and maintained.

12.3 Flood Protection

A. Purpose and Objectives:. It is the purpose of these regulations to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas. The flood hazard areas of the Town of Ledyard are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

SECTION 12.0: NATURAL RESOURCES

B. Definitions.: Unless specifically defined below, words or phrases used in this regulation shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

(1) AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to one percent (1%) or greater chance of flooding in any given year.

(2) BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

(3) DEVELOPMENT: Any man-made changes to improved or unimproved real estate, including, but not limited to, buildings or other structures, Mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

(2) BASE FLOOD ELEVATION (BFE): Is the elevation of the crest of the base flood or 100-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

(3) BASEMENT: Is any area of the building having its floor subgrade (below ground level) on all sides.

(4) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The federal agency that administers the National Flood Insurance Program (NFIP).

(5) FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waves, or the unusual and rapid accumulation/runoff of surface waters from any source.

(6) FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the National Flood Insurance Program Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

(7) FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide and/or flood related erosion hazards.

(8) FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

(9) FUNCTIONALLY DEPENDENT USE OR FACILITY: A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.

(10) HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior, or (2) directly by the Secretary of the Interior in states without approved programs.

(11) LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement).

(12) MANUFACTURED HOME: For purposes of the National Flood Insurance Program, means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.

SECTION 12.0: NATURAL RESOURCES

(13) MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

(14) NEW CONSTRUCTION: The purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after March 11, 1981, the effective date of floodplain management regulations adopted by the community and includes any subsequent improvements to such structures.

(15) RECREATIONAL VEHICLE: A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent Dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(16) START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date.

(a) The actual start means either:

[1] The first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns; or

[2] Any work beyond the state of excavation, or the placement of a manufactured home on a foundation.

(b) Permanent construction does not include:

[1] Land preparation, such as clearing, grading and filling;

[2] Installation of streets and/or walkways;

[3] Excavation for a basement, footings, piers or foundations;

[4] The erection of temporary forms;

[5] Installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

(c) For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(17) STRUCTURE: For floodplain management purposes, a walled and roofed building which is principally above ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

(18) SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

(19) SUBSTANTIAL IMPROVEMENT: Any combination or repairs, reconstruction, alteration, or improvements to a structure, taking place during a ten year period , in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures that have “substantial damage,” regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however,

SECTION 12.0: NATURAL RESOURCES

include any project for improvement of a structure required to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Zoning Official and are solely necessary to assure safe living conditions.

(20) VARIANCE: A grant of relief by a community from the terms of the floodplain management regulation that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

(21) VIOLATION: Failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without required permits, lowest flood elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be a violation until such time as that documentation is provided.

(22) WATER SURFACE ELEVATION: The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

C. General Provisions. This regulation shall apply to all areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New London County, Connecticut, dated July 18, 2011, and accompanying Flood Insurance Rate Maps (FIRM), dated July 18, 2011, and other supporting data applicable to the Town of Ledyard, and any subsequent revisions thereto, are adopted by reference and declared to be a part of these regulations.

(1) Since mapping is legally adopted by reference to this regulation, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.

(2) The area of special flood hazard includes any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM.

(3) Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location.

(4) A Development Permit shall be required in conformance with the provisions of this regulation prior to the commencement of any development activities.

(5) The degree of flood protection required by this regulation is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering consideration and research. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes.

(6) This regulation does not imply or guarantee that land outside the Special Flood Hazard Area or uses permitted in such areas will be free from flooding and flood damages.

(7) This regulation shall not create liability on the part of the Town of Ledyard or by any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder.

(8) The Town of Ledyard, its officers and employees shall assume no liability for another person’s reliance on any maps, data or information provided by the Town of Ledyard.

(9) This regulations is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this regulation and another ordinance, regulation, easement, covenant or deed restriction conflict to overlap, whichever imposes the more stringent restrictions shall prevail.

D. Duties and Responsibilities of the Zoning Commission or its Designated Agent shall include, but not be limited to:

(1) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;

SECTION 12.0: NATURAL RESOURCES

(2) Advise permitted that additional Federal or State permits may be required and notify adjacent communities and the Department of Environmental Protection, Water Resources Unit prior to any alteration or relocation of a watercourse;

(3) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

(4) Record the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved or flood-proofed structures. When flood-proofing is utilized for a particular structure the Zoning Official shall obtain certification from a Licensed Professional Engineer or architect;

(5) When base flood elevation data or floodway data have not been provided, then the Zoning Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer the provisions of Sections 12.3(E) and 12.3(E)(7); and

(6) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard, the Zoning Official shall make the necessary interpretation. All records pertaining to the provisions of this regulation shall be maintained in the Zoning Office.

E. Provisions for Flood Hazard Reduction:

(1) General Standards.: In all areas of special flood hazard the following provisions are required:

(a) New Construction and Substantial Improvements. New construction and substantial improvements shall be:

[1] Anchored to prevent flotation, collapse, or lateral movement of the structure;

[2] Constructed with materials and utility equipment resistant to flood damage; and

[3] Constructed by methods and practices that minimize flood damage.

(b) Water Supply and Sanitary Sewage Systems:

[1] New and replacement Water Supply Systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

[2] New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the system into flood waters.

[3] On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

(c) Manufactured Homes.:

[1] All Manufactured Homes to be placed within Zones A and AE on the Town's Flood Insurance Rate Map shall be installed using methods and practices which minimize flood damage. F

[2] For the purposes of this requirement:

[1] , Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement.

[3] Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.

[2] Utilities. Electrical, heating, ventilation, plumbing, air conditioning equipment, HVAC ductwork, and other service facilities, or any machinery or utility equipment or connections servicing a structure shall be elevated to or above the base flood elevation (BFE) to prevent water from entering or accumulating within the components during conditions of flooding. This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation ductwork, washer and dryer hook-ups, electrical junction boxes, and circuit breaker boxes.

SECTION 12.0: NATURAL RESOURCES

(2) Specific Standards.: In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Section 12.3(C) or as determined in Section 12.3(D)(5), the following provisions, in addition to those in Section 12.3(E)(1), are required:

(a) Residential Structures: New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation;

(b) Non-residential Structures:

[1] New construction, substantial improvement of any commercial, industrial, or non-residential structure located in a Special Flood Hazard Area shall have the lowest floor, including basement, elevated to or above the level of the base flood elevation;

[2] Floodproofing. Non-residential structures located in all A and AE Zones may be floodproofed in lieu of being elevated provided that together with all attendant utilities and sanitary facilities the areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

[3] A Licensed Professional Engineer or Architect shall review and/or develop structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this subsection.

(d) Manufactured Homes shall:

[1] Have the lowest floor elevated to or above the base flood level.

[2] Be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored.

(e) Recreational Vehicles, as defined by Section 12.3(B) of these regulations, placed on sites in all A and AE Zones shall either:

[1] Be on a site for fewer than one hundred and eighty (180) consecutive days;

[2] Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

[3] Meet the permit requirements of Section 12.3(E)(2) of this Section and the elevation and anchoring requirements for “manufactured homes” in Section 12.3(E)(1)(C) of the General Standards Section.

(f) No new construction, substantial improvement or other development including fill, which would increase base flood elevations more than one (1) foot at any point along the watercourse shall be permitted in AE Zones where base flood elevations have been determined, but before a floodway is designated. All anticipated development is to be considered cumulatively with the proposed development.

(73) Floodways::

(a) In areas where floodways have been designated or determined, these regulations shall: prohibit encroachments, including fill, new construction, substantial improvements and other developments within the floodway unless demonstrated through hydraulic and hydrologic analysis performed in accordance with standard engineering practice and certified by a Licensed Professional Engineer that encroachments shall not result in any (0.00) increase in flood levels during occurrence of the base flood discharge.

(b) When utilizing data other than that provided by the Federal Emergency Management Agency, the following standard applies: select and adopt a regulatory floodway based on the principle that the area

SECTION 12.0: NATURAL RESOURCES

chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one (1) foot at any one (1) point.

F. Variances:. The Zoning Official shall maintain a record of all flood protection variance actions, including justification for their issuance, and report such variances issued in the annual report submitted to the National Flood Insurance Program Administrator.

(1) An applicant for a variance to this Section shall be notified by the Zoning Official that the issuance of a variance to construct a structure below the base flood level will result in increased rates for insurance coverage up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and that such construction shall be maintained with a record of all flood protection variance actions.

(2) A variance shall not be granted if the Zoning Board of Appeals determines that:

(a) No exceptional hardship would result from the failure to grant the variance; and

(b) Granting of the variance would result in increased flood heights, additional threats to public safety, extraordinary public expenses, or creation of nuisances.

G. Equal Conveyance. Encroachments resulting from filling, new construction or substantial improvements within the floodplain, except those tidally influenced as designated by the FIRM, that increase the footprint of a structure are prohibited.

(1) Exception: The applicant must provide certification by a registered professional engineer demonstrating that the encroachments will not result in any (0.00 feet) increase in flood levels (base flood elevation). The certification must be supported by hydrologic and hydraulic analyses performed in accordance with standard engineer practice.

(2) Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.

H. Compensatory Storage. The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in the footprint to the structure, shall be compensated for by deepening and/or widening of the floodplain.

(1) Storage shall be:

(a) Provided on-site, unless easements have been gained from adjacent property owners;

(b) Provided within the same hydraulic reach and a volume not previously used for flood storage;

(c) Hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.

12.4 Open Space

A. The Zoning Commission may require provisions for Non-Developed Land for parks, recreational and natural areas in an area equal to at least ten percent (10%) of all approved land for any one (1) complex. An expansion of a complex which increases the area by less than ten percent (10%), the previously approved complex shall be considered as part of the total in determining open space requirement. The location of such areas shall be approved by the Zoning Commission. Disposition of such areas shall be one (1) of the following:

(1) The open spaces shall be conveyed by warranty deed to the Town of Ledyard after all requirements of the approved complex have been completed. The Town Council may vote to accept or reject such conveyance.

(2) The open spaces may be conveyed by warranty deed to a homeowners association within the complex to assure continued use for the purpose for which it was dedicated. A copy of the bylaws of the homeowners association

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and the covenants of the warranty deed, guaranteeing right to full use by the members, shall be submitted as part of the application.

(3) Such land may be held and maintained by the developer so long as free access and availability for the use for which they are intended is warranted to the Town of Ledyard.

(a) The developer shall maintain such lands in the improved state and available for public use for a period of not less than ninety-nine (99) years or the duration of the complex, whichever shall be longer.

(b) The decision to hold and maintain the land shall be included in the covenants of each warranty deed transferring other property within the complex to individual owners.

(c) In no case may the developer transfer title to land reserved for open space into private ownership, with the exception of land trust. In so far as possible, natural vegetation and unusual topographic features shall not be disturbed during construction.

(d) Upon completion of a complex, the developer shall be required to properly grade the disturbed land, remove all brush and debris, and grade and seed all open or Disturbed Areas to field grass.

(e) The condition, size and shape shall be readily usable for recreation, conservation or other open space purposes.

(f) Such areas shall be easily accessible and balanced in design and location to preclude grouping of Dwelling lots and open spaces into the extremities of the tract.

(g) The minimum size of any area designated as reserve for open space shall be one (1) acre.

12.5 Soil, Gravel and Stone Removal

A. The removal of topsoil, sand, gravel, clay, stone or other minerals shall be allowed in any District after a permit has been granted by the Zoning Commission as hereinafter set forth.

B. The intent of the regulations is to insure that the landscape is not needlessly marred during and after operations and that the work will not be a source of dust, pollution, siltation, or be generally characterized by unsightliness as evidenced by open pits, rubble or other indications of completed digging operations, which would have a deteriorating influence on nearby property values.

C. Exception. Provided the intent stated in Section 12.5(B) is met, a permit is not required if the removal is associated with:

(1) Construction or grading for a permitted building, structure or activity where no additional permits or approvals are necessary from the Zoning Official, the Zoning Commission, and/or the Planning Commisssion;

(2) Maintenance or operation associated with a farm or farming activity; and/or

(3) Road construction where no additional permits or approvals are necessary from the Zoning Official, the Zoning Commission, and/or the Planning Commisssion.

D. The sale, destination, or ultimate use of the removed topsoil, sand, gravel, clay, stone, or other materials does not determine whether a removal permit is or is not required for the listed exceptions.

E. Any removal of topsoil, sand, gravel, stone or other minerals occurring beyond the stated extent of an existing operation shall be considered a new operation requiring a permit and subject to conditions contained herein.

F. A permit may be granted by the Zoning Commission after a public hearing, held in accordance with Section 15.8, and under the conditions that follow.

(1) Application. A completed zoning application form indicating the nature and extent of the operation, and the proposed land use with supporting data. It shall include:

(a) The proposed truck access to the excavation,

(b) Off site haul route,

SECTION 12.0: NATURAL RESOURCES

(c) The hours of operation,

(d) The machinery to be used on site, and

(e) The type of buildings or structures to be constructed on site.

(2) A map executed by a Land Surveyor or a Licensed Professional Engineer, showing:

(a) Existing and proposed contours, and

(b) Location of existing structures on this and adjacent properties, including information regarding depth to ground water table and a log of soil borings taken to the depth of the proposed excavation.

(3) Such proposal shall show details for landscaping the site during and after completion of operations, and proper drainage of the area of the operation during and after completion of the work.

(4) Bond. Before the permit is granted to any applicant starting any operation regulated under this Section, the applicant shall post a cash or surety company bond to the Town of Ledyard in an amount approved by the Zoning Commission to guarantee that the premises shall be excavated, graded and landscaped in conformance with the plan of operation approved.

(5) Deviation from the plan of operation without the Zoning Commission's approval shall be cause for the Zoning Commission to revoke the permit.

G. Approval. In passing on such application, the Zoning Commission shall consider the effect of such removal on surrounding property, the future usefulness of the premises when the operation is complete, and its effect on the public interest.

(1) The use of explosive devices may be limited as a condition of this permit. The times of operation may be stipulated by the Zoning Commission.

(2) Permits shall be issued for a period not to exceed two (2) years. Permits shall not be extended but may be renewed only after following the procedures cited above. No permit will be considered for renewal until the operator has submitted a report on the excavation operation prepared by a Licensed Professional Engineer. The engineer's report shall attest that the excavation as already completed conforms to the plan of operation as approved.

(3) A plan for sediment and erosion control shall be included in the permit application.

H. Operations:

(1) The gravel bank floor area shall be graded not less than one percent (1%) or more than four percent (4%) to provide for surface drainage.

(2) No removal shall take place within twenty-five (25) feet of a property line, nor within fifty (50) feet of a highway property line, such distances to be measured from the top of the bank, and if within sight of a Town/State road, may be required by the Zoning Commission to be screened. The Zoning Commission may require a similar screen if isolation of adjacent property is deemed necessary. No operation shall take place closer than a minimum of fifty (50) feet from a stream, pond, or lake.

(3) Upon completion of operations, no bank shall exceed a slope of one (1) foot vertical rise in three (3) feet of horizontal distance. The Disturbed Area shall be covered with a minimum of four (4) inches of top soil and graded. On completion of grading, the area will be limed, fertilized, and seeded in accordance with the approved Site Plan. The site shall be maintained until the area is stabilized;

(4) Temporary seeding, used to control erosion, is permitted during the time that the operation is being completed.

(5) The active gravel removal area shall not exceed a total of ten (10) acres at any one (1) time.

(6) All topsoil and subsoil shall be stripped from the operation area and stockpiled for use in site restoration.

(7) Any surface water flowing from the excavated area shall flow through appropriate sediment control devices before leaving the site.

SECTION 12.0: NATURAL RESOURCES

(8) If excavation has occurred below the seasonal high water table, the pond banks should be no steeper than a two to one ratio (2:1).

(9) Stone Crushing. No stone crusher or other device, except screens, not required for the actual removal of material shall be used in any District except in the Industrial Districts.

SECTION 13.0: NON-CONFORMING USES, STRUCTURES, AND PROPERTY

13.1 Non-Conforming Uses, Structures, and Property.

A. Any non-conforming use, structure, or property lawfully existing on the effective date of these regulations or any amendments thereto may be continued, subject to the following requirements:

(1) Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by proper authority.

(2) No non-conforming use shall be enlarged or extended unless the use therein is changed to a conforming use. No structure devoted to a non-conforming use shall be structurally altered or improved to accommodate such use if the total cost of any or all such changes exceed fifty (50%) percent of the latest assessed value of the structure at the time of application.

(3) When a non-conforming structure or a building in which there is a non-conforming use is damaged by fire, collapse, explosion, act of God or act of a public enemy, it may be reconstructed, repaired or rebuilt only to its previous floor area and cubical content provided such restoration or rebuilding is commenced within one year of such damage and the non-conforming use is continued.

B. Changes. A non-conforming use may be changed to a conforming use. The approval of the Commission is required to change a non-conforming use to another non-conforming use, provided the change shall reduce the degree of nonconformance. Approval of the Zoning Board of Appeals is required to change a non-conforming use to another non-conforming use which does not reduce the degree of non-conformance. No non-conforming use shall, if once changed to a conforming use, be changed back again into a non-conforming use.

C. Abandonment. Non-conforming use which has been abandoned for a period of more than one year shall thereafter be resumed.

D. Alterations. A building containing a permitted use, but which does not conform to the requirements regarding building height, width of lot, size of lot, percentage of lot coverage and required yard and parking facilities for the district in which it is located, may be enlarged or altered provided that any additions are constructed within the applicable setback and yard requirements.

13.2. Non-Conforming Lots. A. Any lot, which lawfully existed on the effective date of these regulations and fails to meet the area, shape,

frontage or other applicable requirements of these regulations, shall be considered a legal Non-Conforming Lot.

(1) A structure may be constructed on a legal Non-Conforming Lot, provided that it meets with the current zoning regulations relating to coverage, setbacks, parking and landscaping for the District in which the lot is located, or it has been granted the necessary variances by the Zoning Board of Appeals.

(2) Any abutting Non-Conforming Lots which are owned by the same owner or owners, notwithstanding any subsequent conveyance(s), shall be considered as one merged lot for the purpose of these regulations, unless more than one (1) livable structure exists on the merged lot.

13.3. Non-Conforming Structures. A. Any structure, which lawfully existed on the effective date of these regulations and fails to meet the Bulk

Regulations as set forth in Schedule B or other applicable requirements of these regulations, shall be considered a legal Non-Conforming Structure.

SECTION 13.0: NONCONFORMING USES, STRUCTURES, AND LOTS

(1) Restoration. If a Non-Conforming Structure is destroyed or damaged by fire, flood, explosion or other casualty, said structure may be restored in the same form and location but without enlargement or extension. Such restoration shall be completed within one (1) year of casualty.

(2) No Non-Conforming Structure shall be enlarged, extended or altered except for the following:

(a) Such alteration, maintenance and repair work as required to keep said structure in a safe condition.

(b) Such alterations or construction which would bring the structure into conformity with the requirements of these regulations.

13.4. Non-Conforming Uses.

(1) A Non-Conforming Use of land where no structure is involved may be continued, provided that:

(a) Such Non-Conforming Use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of these regulations.

(b) The lot on which such Non-Conforming Use is located shall not be reduced in size.

(c) Such Non-Conforming Use shall not be moved in whole or in part to another portion of the lot or parcel.

(d) A Non-Conforming Use shall not be changed to any use which is substantially different in nature and purpose from the former Non-Conforming Use except to those uses which are permitted in the District in which the use is located.

(e) The discontinuance or cessation of a pre-existing Non-Conforming Use with the intent by its owner to voluntarily and intentionally relinquish the prior use will be considered to be abandoned. Where such use is discontinued and subsequently resumed, the owners shall provide satisfactory evidence that the Non-Conforming Use was active within the prior twelve (12) months. Any future use shall be in conformity with these regulations.

(2) The Non-Conforming Use of a structure may be continued subject to the following restrictions:

(a) A building containing a permitted use, but which does not conform to the requirements regarding Building Height, width of lot, size of lot, percentage of Lot Coverage and required yard and parking facilities for the District in which it is located, may be enlarged or altered provided that any additions are constructed within the applicable setback and yard requirements.

(b) The lot on which such Non-Conforming Use is located shall not be reduced in size.

(c) Alterations or reconstruction of structure are permitted to keep said structure in a safe condition.

(d) A Non-Conforming Use shall not be changed to any use which is substantially different in nature and purpose from the former Non-Conforming Use except to those uses which are permitted in the District in which the use is located.

(e) If a structure housing a Non-Conforming Use is destroyed or damaged by fire, flood, explosion or other casualty, said structure may be restored in the same form, use and location but without enlargement or extension. Such restoration shall be completed within one (1) year of the casualty.

(f) No building or structure containing a Non-Conforming Use shall be moved unless the result is to terminate the use.

(g) The discontinuance or cessation of a pre-existing Non-Conforming Use with the intent by its owner to voluntarily and intentionally relinquish the prior use will be considered to be abandoned. Where such use is discontinued and subsequently resumed, the owners shall provide satisfactory evidence that the Non-Conforming Use was active within the prior twelve (12) months. Any future use shall be in conformity with these regulations.

SECTION 13.0: NONCONFORMING USES, STRUCTURES, AND LOTS

13.5 ChangesA. A Non-Conforming Use may be changed to a conforming use.

B. Once changed in use to a conforming use, no building, structure or land shall be permitted to revert to a Non-Conforming Use.

C. The approval of the Zoning Commission is required to change a Non-Conforming Use to another Non-Conforming Use.

D. No Non-Conforming Use shall be extended to displace a conforming use

SECTION 14.0: MISCELLANEOUS

14.1 Building on Existing Lots

A. Nothing in these regulations shall prevent the construction of a permitted building or the establishment of a permitted use on a lot, which at the time of the adoption of these regulations and continuously thereafter, was owned separately from an adjoining lot, as evidenced by deed recorded in the Land Records of the Town of Ledyard, provided, however that the following requirements are met:

(1) No construction or use shall be permitted on any lot containing less than fifteen thousand (15,000) square feet.

(2) All sanitary requirements of the State of Connecticut and of the Town of Ledyard shall be met.

14.2 Finish Grading

A. All construction work must be graded to conform to surrounding occupied properties, commensurate with the building being constructed, and in keeping with accepted trades finish grading standards.

B. All rocks and debris deemed unnecessary by the Zoning Official shall be disposed of in a suitable manner.

C. All finished grading will be completed within six (6) months of occupancy. An additional three (3) month period may be granted by the Zoning Official upon presentation of sufficient justification.

14.3 Temporary Mobile Units for Construction in Non-residential Districts

A. The Zoning Official may grant a temporary permit for mobile units as field offices, tool shops, and/or storage sheds for construction projects in any except those designated residential use only (including R-20, R-40, R-60, R-80), provided the same shall not be used for sleeping or living quarters.

B. Permits shall be for six (6) months duration and may be renewed for additional six (6) month periods. In no case shall the total duration of the use exceed three (3) years.

C. Such units shall only be allowed on sites requiring little or no grading or other permanent changes to the landscape and such that there will be no negative impact on the potential for future development of the site.

D. Such temporary mobile units shall be adequately landscaped in accordance with the standards of the District in which the mobile units are located. Where such uses are visible from a road or highway, or an abutting property owner, a visual buffer shall be provided to screen the mobile units from view.

E. A layout plan (or Site Plan, if required) shall accompany the application.

F. In no case shall such temporary uses include the storage of oil, fuel, or hazardous chemicals (as defined by Connecticut DEP).

G. All utilities shall be installed according to applicable state and local codes.

H. Such mobile units shall be arranged to allow access by emergency vehicles.

I. The Zoning Official may attach conditions as necessary to meet the intent and purpose of these zoning regulations,. Section 1.2.

14.4 Handicap Ramps for Residential Purposes

A. An entrance/exit ramp may be constructed in setback areas, at the discretion of the Zoning Official, provided that the ramp:

(1) Does not exceed the minimum width required by the ADA (Americans With Disabilities Act);

(2) Is not covered or enclosed;

SECTION 14.0: MISCELLANEOUS

(3) Is the only reasonable alternative after all locations that are compliant with the setback regulations have been considered;

(4) Is designed and built as an easily removable structure; and

(5) Is removed when it is no longer necessary.

14.5 Illustrations of Lot Layouts and Setbacks

SECTION 14.0: MISCELLANEOUS

SECTION 14.0: MISCELLANEOUS

SECTION 14.0: MISCELLANEOUS

SECTION 14.0: MISCELLANEOUS

SECTION 14.0: MISCELLANEOUS

SECTION 15.0: ADMINISTRATION AND ENFORCEMENT

15.1 Interpretation

A. The provisions of these regulations shall be held to be minimum requirements adopted for the purpose stated in Section 1.0 hereof.

B. It is not intended by these regulation, to repeal, abrogate, annul or in any way impair, conflict or interfere with any existing provisions of law or ordinance or with any rules, regulations or permits previously adopted or issued, pursuant to law, relating to the present use of premises; nor is it intended by these regulations to interfere with or abrogate or nullify any easements, covenants, or other agreements between parties.

C. However, if these regulations impose a greater restriction upon the use of property or upon the height of buildings, or require larger yards or other open spaces than are imposed or required by existing provisions of law or ordinance or by such rules, regulation, or permits, or by such easements, covenants, or other agreements between parties, the provisions of these regulations shall control.

D. In the case of a lot lying in more than one (1) District, as established by these regulations, the provisions of the less restrictive District shall apply for a distance not exceeding fifteen (15) feet into the more restrictive District.

15.2 Enforcement

A. Pursuant to Connecticut General Statutes §8-3(e), these regulations shall be enforced by a Zoning Official appointed by the Mayor pursuant to Chapter IV Section 4 of the Ledyard Town Charter. The Zoning Official is given the power and authority to enter and inspect property at reasonable times as required in the performance of his duties, and may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair or conversion of any building or structure, or the unlawful use of land, to restrain, correct or abate such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.

(Forgot to start new paragraph for B)

B. In the event of multiple zoning violations and/or emergency situations, the Zoning Commission reserves the right, by majority vote during a regular or special meeting, to direct the Zoning Official regarding enforcement priorities.

C. Pursuant to Connecticut General Statutes §8-3(e), in the event the Zoning Official and the Zoning Commission differ in regards to zoning violation(s), the Commission reserves the right, by majority vote, to identify violation(s) and direct the Zoning Official to pursue enforcement.

D. The Zoning Official shall advise the Zoning Commission, during each regular meeting, of the status of current zoning violations, and shall identify violations that were corrected since the prior meeting.

E. The Zoning Official will obtain the approval, by vote of the Zoning Commission, for each Citation to be issued pursuant to Section 3 of Town Ordinance #118.

F. Pursuant to Connecticut General Statutes §8-3(e), in the absence of a Zoning Official, the Zoning Commission may delegate, by majority vote, with specific time periods, and by violation, regulation, or complaint, the authority to enforce these regulations to itself and/or to any of its members, who shall be the Zoning Official wherever referenced or specified in these regulations.

G. The duties of the Zoning Official include:

(1) Receiving and reviewing zoning applications;

(2) Collecting all fees and fines required herein;

(3) Keeping a record thereof, and turning the same over to the Town Treasurer; and

(4) Keeping in a file in Town Hall a full and accurate record of all zoning applications, permits and certificates herein required.

15.3 Permits

A. Zoning Application forms must be approved by the Zoning Official.

B. Building applications must be reviewed by the Zoning Official to insure that all requirements of these regulations are met.

C. Certificate of Use and Compliance:

(1) No land as of December 15, 1983 shall be built upon, and no building hereafter erected, altered or extended after December 15, 1983 shall be used, or changed in use, until a Certificate of Use and Compliance is issued by the Zoning Commission or its approved agent, stating that the building and proposed use complies with the provisions of these regulations.

(2) In the enforcement of these regulations, a zoning permit may be combined with a building permit and a Certificate of Use and Compliance with a Certificate of Occupancy.

(3) All Certificates of Use and Compliance shall be applied and coincidental with the application for a Certificate of Occupancy. The applicant shall furnish the Zoning Commission or its approved agent with a copy of a plot plan depicting adequate information to allow determination that the requirements of these regulations are satisfied. Sites may be inspected as necessary.

(4) A temporary Certificate of Use and Compliance may be issued by the above authorities for a period not to exceed ninety (90) days.

15.4 Stop Work Order

A. The Zoning Official may issue a stop work order if, in his judgment, the work being performed is not in full compliance with the provisions of these regulations.

B. The Zoning Official shall withdraw such order when it is shown that the work being performed will be brought into full compliance with the provisions of these regulations.

C. Any person who, having been served with a stop work order to discontinue any such violation, fails to comply with such order within ten (10) days after such service, or continues to violate any provision of these regulations in such order, shall be subject to a civil penalty. The procedure to address violations of these regulations is set out in Chapter 124 Section 8-12 of the Connecticut General Statutes as amended. The following range of fines may apply for violations of these regulations: ten dollars ($10) minimum to two hundred fifty dollars ($250) maximum per day for the duration of the violation. If the offense is willful, the person convicted shall be fined not less than one hundred dollars ($100) nor more than two hundred and fifty dollars ($250) per day for the duration of the violation, or imprisoned not more than ten (10) days for each day such violation continues or both. The Superior Court has jurisdiction of all such offenses, subject to appeal as in other cases.

D. Any person aggrieved by such a stop work order may appeal to the Zoning Board of Appeals as provided in Section 15.9 hereof.

15.5 Violation Procedure

A. Procedures to be followed in the event of violations of these regulations shall be in accordance with the provisions of Chapter 124, Connecticut State Statutes.

15.6 Setting of a Bond

A. Prior to the approval of the application, the Zoning Commission may require the applicant to post a bond, in cash or upon a Connecticut licensed Surety Company, for all uncompleted conditions, securing to the Town of Ledyard, the actual construction and installation of such conditions as may be required by these regulations.

B. The amount of the bond shall:

(1) Be satisfactory to the Zoning Commission.

(2) Specify the conditions guaranteed and the amount which shall apply to each specific condition.

(3) Be filed with the Treasurer of the Town of Ledyard. The bond shall require all conditions described on the approval Site Plan to be completed within a time period specified by the Zoning Commission from the date of approval.

(4) The bond may be released, in whole or in part as specific conditions are completed and accepted by the Zoning Commission, the Treasurer may release the bond in whole or in part only upon written notification of acceptability by the Zoning Commission.

(5) The time limit of the original bond may be extended for a period of one (1) year from the termination date of the original bond.

C. If all conditions have not been installed or accepted, the remaining portion of the bond becomes forfeit and the monies due shall be transferred into the treasury of the Town of Ledyard.

D. Within thirty (30) days after receiving written notification of completion of the specified conditions, the Zoning Commission shall arrange for inspection of the property and forward, in writing, a report of acceptance or rejection to the applicant. If accepted, a written notice specifying the amount of bond to be released shall be forwarded promptly to the Treasurer of the Town of Ledyard. If rejected, the reasons for rejection and the requirements for acceptance shall be included in the written notification of the results of the inspection.

15.7 Zone Change Procedures

A. Changes to these regulations will occur in accordance with Section 8-3, as amended, Chapter 124, of the Connecticut General Statutes.

B. Zoning which affects land posted under the Ledyard Inland Wetlands and Watercourses Map should be referred to that Inland Wetlands and Watercourse Commission for its review and comment.

C. The Zoning Commission has sixty-five (65) days from receipt of an application for a zone change to hold a public hearing. An additional sixty-five (65) days may be granted by the applicant upon request, for due cause. After the public hearing, the Zoning Commission has sixty-five (65) days to render a decision, again with a provision for an additional sixty-five (65) days with approval of the applicant.

D. The Zoning Commission must refer proposed Zoning Regulation changes, or District changes thereof, to the Planning Commission at least thirty-five (35) days prior to the date assigned for a public hearing to be held thereon.

15.8 Public Hearings

A. The Zoning Commission shall hold a public hearing on the applications for:

(1) Special Permits in accordance with Section 7.4 of these regulations.

(2) Site Plans in accordance with Section 6.6(A)(2)0 of these regulations.

(3) Special Sign Permits in accordance with Section 9.10 of these regulations.

(34) Coastal Site Plans in accordance with Section 12.1(E)(1) of these regulations.

(54) Soil, gravel and stone removal in accordance with Section 12.5 of these regulations.

B. Notice of Public Hearing. Before a public hearing is held, the petitioner shall provide proof that:

(1) Notification has been given, by certified mail, to the Zoning Commission prior to the start of the public hearing or at the start of a continued hearing, if continued for the purpose of receiving proof of the notice described herein,

(2) Notice has been deposited at least ten (10) days, but not more than thirty (30) days, in advance of the date of the advertised hearing in a Post Office regularly maintained by the U.S. Government,

(3) Notice has been directed to each of the current owners of lots and Condominium owners located within two hundred fifty (250) feet from the boundaries of the subject properties, as such owners and addresses appear on the database maintained by the Ledyard Assessor.

C. Affidavit of Compliance. The petitioner requesting the Special Permit shall, on or before the date of the public hearing, file with the Zoning Commission a certificate of mailing documenting compliance with Section 15.8(B) of this Sectionabove.

D. Hearings shall be scheduled no more than sixty-five (65) days after the official date of submission of an application (which is the regular monthly meeting, or thirty-five (35) days from the date of the application) and shall be acted on within sixty-five (65) days from the date of the close of the public hearing.

E. Referrals:.

(1) Upon receipt of a Special Permit and Site Plan application, the Zoning Commission shall refer the application to the Planning Commission.

(2) All proposed municipal projects shall be referred to the Planning Commission in accordance with Section 8-24 of the Connecticut General Statutes.

F. Documents, plans and exhibits submitted to the Zoning Commission intended to constitute any portion of, or all of, the requirements of an application scheduled for public hearing, shall not be revised or substituted after fifteen (15) calendar days prior to the initial public hearing date. The applicant can submit revised documents, plans and exhibits after the public hearing is opened in response to Zoning Commission and staff requests for information, provided the additional information is submitted five (5) calendar days prior to any continued public hearing date.

15.9 Zoning Board of Appeals

A Appeals for variances to these Zoning Regulations shall be made to the Zoning Board of Appeals in accordance with the provisions of Chapter 124, Connecticut State Statutes.

15.10 Agenda Scheduling

A. All applications must be filed with the Zoning Official no later than 3:30 p.m. five (5) working days before a regular scheduled Zoning Commission meeting in order to be considered during that meeting.

15.11 Aquifer Protection Agency

A. Designation of Membership:.

(1) In accordance with the provisions of Connecticut General Statutes 22a-354a et seq., and the Town of Ledyard Ordinance 95, the Zoning Commission is designated as the Aquifer Protection Agency (the “Agency”) of the Town of Ledyard. The staff of the Zoning Commission shall serve as the staff of the Agency.

(2) Members of the Zoning Commission shall serve coexisting terms on the Agency. The membership requirements of the Agency shall be the same as those of the Zoning Commission including, but not limited to the number of members, terms, method of selection and removal of members, and filling of vacancies.

(3) At least one (1) member of the Agency or staff shall complete the course in technical training formulated by the Commissioner of Environmental Protection of the State of Connecticut, pursuant to Connecticut General Statutes 22a-354V.

B. Adoption of Regulations:.

(1) The Agency shall adopt regulations in accordance with Connecticut General Statutes Section 22a-354p and Regulations of Connecticut State Agency (RCSA) 22a-354i-3, which shall provide for:

(a) The manner in which boundaries of aquifer protection areas shall be established and amended or changed.

(b) Procedures for the regulation of activity within the area.

(c) The form for an application to conduct regulated activities within the area.

(d) Notice and publication requirements.

(e) Criteria and procedures for the review of applications.

(f) Administration and enforcement.

C. Inventory of land use:.

(1) In order to carry out the purposes of the Aquifer Protection Program, the Agency will conduct an inventory of land use to assess potential contamination sources.

(2) Within and not to exceed three (3) months following the Commissioner’s approval of Level A mapping of aquifers, the Agency shall inventory land use within and overlying the mapped zone of contribution and recharge areas of such mapped aquifers in accordance with guidelines established by the Commissioner pursuant to Connecticut General Statutes 22a-354r. Such inventory shall be completed not more than one (1) year after the authorization of the Agency pursuant to Connecticut General Statutes Section 22a-354e.

15.12 Fees

A. The fee schedule will be determined yearly by a vote of the Zoning Commission at their annual meeting. Fees in place at the time of this amendment will remain in effect until the next annual meeting of the Zoning Commission.

B. No permit shall be issued by the Zoning Official and no final action shall be taken by a Commission until full payment of all applicable fees has been received by the Town Clerk.

A fee, as determined by Town Board resolution, shall be paid for each application for a zoning permit, temporary zoning permit, Special Permit/Site Plan review, variance, appeal, Erosion and Sedimentation Control Plan Review, or public improvements inspection.

B. No permit shall be issued by the Zoning Official and no final action shall be taken by a board until full payment of all applicable fees has been received by the Town Clerk.

C. Fees shall be in accordance with the fee schedule established and annually reviewed by the Town Council.

SECTION 16.0: VALIDITY AND RELATED TOWN REGULATORY MATERIAL

16.1 Validity

A. If any section, paragraph, sub-paragraph, clause or provision of these regulations shall be adjudged invalid or unconstitutional, such adjudication shall apply only to the section, paragraph, sub-paragraph, clause or provision so adjudged, and the remainder of these regulations shall be deemed to be and shall continue to be valid and in full force and effect.

16.2 Related Town Regulatory Material

A. The following items related either directly or indirectly to land use matters are listed for information. Any new amendments to these items or new items issued will be included in subsequent amendments to this regulation.

B. Ordinances:

(1) Ordinance Regulating Building of Approaches to Any Street or Highway of the Town of Ledyard: Number 31.

(2) An Ordinance Concerning Building on Unaccepted Streets: Number 7.

(3) An Ordinance Regulating the Addition of Any New Street or Highway to the Highway System in Ledyard: Number 45.

(4) An Ordinance Regulating the Management of Storm Water Runoff: Number 44.

C. Regulations:

(1) Regulations for the Protection and Preservation of Inland Wetlands and Watercourses, dated March 14, 1974, or amendments thereto.

(2) Regulations Governing the Subdivision of Land, dated March 12, 1975, or amendments thereto.

D. Others:

(1) Plan of Development, adopted June 17, 1993.

(2) Plan of Conservation and Development, adopted November 18, 2004, amended September 29, 2005 and effective October 16, 2005.

SECTION 17.0: AMENDMENTS

History of Zoning Code Amendments:

The provisions of these regulations and the boundaries of any Zoning District established hereunder may from time to time be amended, modified, changed or repealed by the Zoning Commission in accordance with the provisions of Chapter 124, Connecticut General Statutes, Revision of 1958, as amended. Any petition requesting a change in these regulations shall be in writing and in a form prescribed by the Zoning Commission. Such petitions shall be accompanied by a filing fee to be deposited with the Zoning Commission to defray the cost of publication of the notice for a hearing on such change.

Amended as of July 1, 1989:

(1) The amendment of these regulations was for the purpose of reformatting without substantive change of content.

Amended as of July 18, 1990:

(1) Section 3.0 Residential Districts: 3.1.5 Allowance of accessory apartments; 3.4.3 Allowance of farm animals as of right in R-80 Districts; 3.6.1.4 Clarification of cluster lot sizes and increase minimum Lot Area required for an R-40 District; 3.7.3 Allowance of interior lots as part of a non-subdivision; 3.8.5 Review of residential institutional uses by Zoning Commission; 3.9 Deletion of family apartments; 3.10.3 Increase in height allowance on accessory structures; 3.10.4. Allowance of accessory structures closer to street than principal structure.

(2) Section 17.0 Definitions: Deletion of family apartment; Changes in child day care centers and Barns; New definitions: accessory apartment, accessory building, and family day care home.

Amended as of December 18, 1990:

(1) Section 3.12 Home Occupation Permits: All sections changed.

(2) Section 17.0 Definitions: Home Occupation.

Amended as of February 21, 1992:

(1) Section 4.0 Ledyard Center Design District: 4.3.8 Allowance of Alcoholic Liquor; 4.4 Clarification of Prohibited Uses; 4.6.4 Clarification of Site Plan Requirements; 4.6.5. Allowance of Waiver of A-2 Survey Requirement.

(2) Section 5.0 Resort Commercial Cluster District: All sections new.

(3) Section 6.0 Industrial District: Deletion of Zones I-1, I-2, and I-3; clarification of all

Sections.

(4) Section 7.0 Commercial Districts: Deletion of Commercial Marine.

(5) Section 8.0 Special Use Districts: All sections new.

Amended as of September 3, 1992:

(1) Section 13.12 Bed and Breakfast Operations: Entire section changed.

Amended as of June 8, 1993:

(1) Section 3.0 Residential Districts: 3.5.3 Clarify travel trailer use; 3.11.6 Allowance for replacement of mobile homes within a State approved mobile home park.

(2) Section 9.0 Bulk Requirements: Correction of R-80 requirements.

(3) Section 13.0 Special Exceptions: 13.1.9 One year waiting period for hearing substantially same application.

(4) Section 17.0 Definitions: Changes in Bed and Breakfast.

Amended as of August 25, 1994:

(1) Section 5.3.1.2 Principal Uses: To allow all Restaurants, including fast food restaurants, to be developed as stand-alone establishments within the RCCD.

Amended as of September 22, 1994:

(1) Section 13.6 Central Oil Distribution Systems: Entire section deleted.

Amended as of September 14, 1995:

(1) Section 3.0 Residential Districts:

(a) 3.1.3 Clarification of letting of rooms or furnishing of board.

(b) 3.11.5 Deletion of sub-section which eliminates the requirement of a ZBA variance for replacement mobile homes.

(2) Section 17.0 Definitions:

(a) New definitions: Boarder, Guest at a Bed and Breakfast, Roomer.

(b) Clarification: Bed and Breakfast.

Amended as of April 25, 1996:

(1) Section 13.12 Country Inn: All sections new.

(2) Section 17.0 Definitions: Country Inn.

(3) Section 15.5 Miscellaneous: Temporary Mobile Units For Construction in Non-Residential Zones. All sections new.

Amended as of August 8, 1996:

(1) Section 4.5.1.2 (minimum 100 ft. lot frontage): Deleted.

(2) Section 13.1.5 (minimum frontage): Deleted.

(3) Section 10.5.17.1: New section.

Amended as of October 31, 1996:

(1) Section 3.12 Home Occupations: Entire section changed.

Amended as of May 3, 1997:

(1) Section 4.3.3 Ledyard Center Design District (LCDD) Permitted Uses: Addition of Country Inns.

(2) Section 3.10.6 Residential Districts Accessory Buildings: Addition of membrane-covered frame structures (hoop houses).

(3) Section 17.0 Definitions: Membrane-covered Frame Structures.

(4) Section 15.6 Miscellaneous: Addition of handicap ramps in residential districts.

Amended as of January 29, 1998:

(1) Section 12.3 Flood Protection: Updates to comply with State and Federal mandates consistent with minimum standards of The National Flood Insurance Program as administered by the Federal Emergency Management Agency.

(2) Section 13.5 Mobile Manufactured Home Land Lease Communities For Older Persons Formerly Known As (Mobile Home Retirement Villages [RM-40 Zones]):

(a) Entire section changed.

(b) Numerical typographical error corrected

(c) Section 13.3.5 Screening change to 13.3.6,

(d) Sequence 13.3.6 change to 13.3.7 and 13.3.7 change to 13.3.8.}

Amended as of July 4, 1998:

(1) Section 14.0 Wireless Telecommunication Facilities, Antennas, and Towers: Entire New Section.

(2) NOTE: All section previously numbered 14 - 20, hereby numbered 15 - 21, respectively.

(3) NOTE: June 15, 1999 ~ typographical error corrected in Section 13.3.5.1 {Section 11.4 changed to Section 12.4} and typographical error corrected in Section 13.5.2.5 {convents changed to covenants}.

(4) NOTE: Visual aids showing building setback envelope for attached and detached structures in Section 9, updated February 9, 2000.

Amended as of April 15, 2000:

(1) Section 16.2 Junk and Hobby Vehicles: Amended to include Junk and Hobby Vehicles.

(2) Section 18 Definitions: Junk and Hobby Vehicles.

Amended as of May 10, 2000:

(1) Section 6.6.1 Industrial District: Amended.

(2) Section 6.6.1.1 Industrial District: New subsection.

Amended as of September 19, 2001:

(1) Section 9.1 Table of Height, Area, Width, Coverage, and Yard Setbacks: Increase the maximum building height from 30 feet to 35 feet.

Amended as of September 19, 2001:

(1) Section 4.5.1.7 Ledyard Center Design District: Amended to authorize the Zoning Commission to waive the 100-ft. setback from the centerline of a state highway.

Amended as of February 2, 2002:

(1) Section 4.8 through 4.17 Gales Ferry Design District (G.F.D.D.): All new section (former C-2 and C-3 zones and the former Gales Ferry School site which was zoned R-20).

(2) Section 9.1 Table of Height, Area, Width, Coverage, and Yard Setbacks: Amended to include G.F.D.D. requirements.

Amended as of April 6, 2002:

(1) Section 3.1.7 and 3.2.1: Amended to allow an accessory parking lot on a contiguous lot via a Special Permit.

(2) Section 11.2.14: New section to specify the number of parking spaces for a Museum.

(3) Section 11.3.5: New section to describe buffer requirements for a parking lot in a residential zone.

(4) Section 11.3.6: New section to describe lighting requirements for a parking lot in a residential zone.

(5) Section 11.3.7: New section to limit noise from parking lots approved via a Special Permit.

Amended as of September 21, 2003:

(1) Section 4.11.1.3 Gales Ferry Design District: Amended to describe types of laundries and laundromats allowed.

(2) Section 4.11.1.6: Amended to allow outdoor recreation with exclusions.

(3) Section 4.11.1.12: New subsection .2 to allow a restaurant, pub or tavern to sell alcoholic liquor as an Accessory Use.

(4) Section 4.11.1.14: New subsection .1 to allow Hotels and Motels throughout the zone.

(5) Section 4.11.1: New subsection .22 to allow stores that sell power equipment, recreational vehicles and accessories throughout the district with outside display restricted to business hours.

(6) Section 4.11.5: Adjust subsection numbers to accommodate Hotels and motels as an allowed use throughout the zone, and to add text to new subsection .3 that prohibits the discharge of volatile organic compounds.

(7) Section 4.11.5.3: Add new subsection .1 to define recreational vehicles. Add new subsection .2 to describe the restriction on the size of trailers. Add new subsection .3 to describe the location and screening of repair facilities, pick up, drop off and storage areas. Add new subsection .4 to further clarify where other motor vehicles may be sold.

(8) Section 4.12: Add definitions of Prohibited Uses, which were moved to the “Definition” section.

Amended as of November 2, 2003

(1) Section 6.4.3: Add new subsection .6 to allow the consideration of the construction of a water tank/tower in Industrial Zones without full screening from view, through a Special Permit process.

Amended as of April 3, 2004

(1) Section 18: Add new definition of Age Restricted Housing.

(2) Section 13.3.2.1: Amended to allow three (3) bedroom apartment/condominiums for age restricted housing only.

Amended as of October 16, 2005

(1) Section 4.0 through 4.13 Ledyard Center Village District (LCVD): All new section (former Ledyard Center Design District [L.C.D.D.] and LCDD zone) now four (4) new zones: LCVD-1, LCVD-2, LCVD-3, MFVD.

(2) NOTE: All sections previously numbered 4.8 through 4.17, hereby numbered 4.14 through 4.23 respectively.

Amended as of December 30, 2005

(1) Section 8.3.10 Amended to allow fast food restaurants if entry and exit are on Route 12. Add new Section 8.3.13 to CIP Zone to include convenience stores, Gas Stations with fast-food facilities and drive-thrus.

Amended as of February 17, 2006

(1) Section 13.5: Amended to render the regulation compatible with requirements for Federal National Mortgage Association financing of Dwelling Units in Mobile Manufactured Home Land Lease Communities for Older Persons and make certain additional technical amendments. Amended as of April 15, 2006

(2) Section 3.6: Deleted “Cluster Residential Developments” add new “Conservation Subdivision Developments.”

Amended as of August 5, 2006

(1) Section 3.7.1: Add new Section 3.7.1.6 to allow interior lots in a Conservation Subdivision not to comply with Sections 3.7.1.1 and 3.7.1.2.

Amended as of October 8, 2006

(1) Section 5.3 Add principle uses to the Resort Commercial District, and a change to Section 5.5.1.4 building height. Also new definition “Resort Facility.”

Amended as of February 3, 2007

(1) Corrections of Internal References, and a change to Section 13.5 to remove regulations that are governed by the State of Connecticut Building Code. Also new definition “Mobile Manufactured Home.”

Amended as of June 1, 2011

(1) Section 12.3 to include FEMA changes

Amended as of xxx, 2011

[TO BE UPDATED UPON ADOPTION ]

SCHEDULE A: PERMITTED USES

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SCHEDULE B: AREA AND BULK REQUIREMENTS

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