SECTION 36 - MISCELLANEOUS SPECIAL EXCEPTIONS

36.1     General: In accordance with the procedures, standards and conditions hereinafter specified, the Commission may approve SPECIAL EXCEPTIONS for the establishment of one or more of the uses for which approval of a SPECIAL EXCEPTION must be secured from the Commission as required by these Regulations. All requirements of this Section are in addition to other requirements applicable in the District in which the SPECIAL EXCEPTION is to be located.

36.2     Flood Plain Districts: Upon receipt of a complete SPECIAL EXCEPTION Application by the Commission involving SPECIAL EXCEPTIONS proposed to be established upon any area of special flood hazard, the Commission shall transmit a copy of said Application to the Town Engineer for a report. Within 35 days after receipt of a copy of the Application, plans and documents, the Town Engineer shall report its recommendations to the Planning and Zoning Commission, stating the reasons therefore. SPECIAL EXCEPTIONS proposed to be established in any Flood Plain District shall be located and designed to be consistent with the need to minimize flood damage within the flood-prone area and shall conform to all of the standards and provisions of the Flood-Plain Management Ordinance of the Town of Branford or such legal variance as may be approved thereunder.

36.3     Restricted Business BR Districts: Special exceptions to be established in any Restricted Business BR District shall conform to the following additional standards:

36.3.1  There shall be no off-street parking or loading spaces located in the area required for setback from a street line.

36.3.2  Any use which is designed as an addition to, extension of or alteration of an existing building originally designed as a house shall preserve the character of the existing building as a house.

36.3.3  Dwellings containing three or more dwelling units, with units at the ground floor or basement level shall meet the following additional standards:

     a.       The minimum site area shall be 120,000 square feet.

     b.      Residential uses at the ground floor or basement level shall not be intermixed with business uses within the same building.

     c.       Business uses shall occupy a minimum of 50% of the total ground floor or basement level floor area on the site.

     d.      Each ground floor or basement level unit shall be provided with a private, exclusive outdoor living space of at least 100 square feet in the form of a patio, deck terrace or porch.

36.4     Residential Uses in BC and BR Districts: Any residential use shall meet the following minimum setback requirements:

      From Street Line                                             15’
      From Rear Property Line                                20’
      From Side or Other Property Line                 10’

36.5     Group Day Care Homes and Child Day Care Centers: All group day care homes and Child Day Care Centers shall conform to the following additional standards:

     a.       The use shall be limited to daytime (6am to 7pm) group care programs for children.

     b.      The site plan shall demonstrate compliance with all “Facility Requirements” for day care as specified in the Connecticut Public Health Code and shall provide an attractive environment for children by using means such as landscaping, buffers, and screening.

     c.       The application shall be accompanied by a letter from East Shore District Health Department describing the safety and adequacy of the drinking water supply and sewage disposal system, a letter from the Branford Fire Marshall describing fire safety concerns, and a letter from the Branford Building Official describing structural safety concerns at the day care site.

     d.      The site shall be so situated and developed so as to create no nuisance or detrimental effect on the privacy, tranquility or value of surrounding properties.

     e.       Surrounding properties and their uses shall not endanger the well-being of the children through the emission of noxious fumes, noise, traffic, or other hazards.

     f.       Sufficient parking (per Section 42 of these regulations) and drop-off and turn-around areas shall be provided.

     g.      The SPECIAL EXCEPTION shall be granted for a limited time not to exceed five years.

Group day care homes located in residential zoning districts shall also conform to the following requirements:

     a.       The day care provider must reside on the premises.

     b.      Outdoor lighting, signage, play areas and landscaping shall be designed so as to minimize adverse impacts on the residential character of the neighborhood.

     c.       The existence of one or more group day care homes in the neighborhood may be considered sufficient reason for denial of a new group day care home application if in the judgment of the Commission the cumulative impact of traffic and noise from an additional facility would have a detrimental effect on the neighborhood.

36.6     Private Hospitals, etc: Private hospitals, convalescent homes and sanatoria shall conform to the following additional standards:

     a.       Convalescent homes shall be located on a lot of not less than two (2) acres.

     b.      Private hospitals and sanitaria shall be located on a lot of not less than five (5) acres and no building shall be located within less than 75 feet of any street line or property line.

     c.       The Application shall be accompanied by a report from the Director of Health of the Town of Branford attesting to the adequacy of the proposed location, site plan, buildings and facilities for the intended use.

     d.      The Application shall be accompanied by a report from the Branford Fire Marshall attesting to the safety of the proposed location, site plan, buildings and facilities.

36.7     Marinas, Slip Basins and Landings: Marinas, slip basins and landings shall conform to the following additional standards:

     a.       In addition to the requirements of Paragraph 31.4.2, the site plan shall also show the limits of any area to be filled or dredged, either existing and proposed ground elevations or existing and proposed contours at an interval not exceeding two (2) feet, the layout of any proposed piers or float systems and other off-shore facilities, and the limits of the boat storage area. It shall be accompanied by detailed drawings for any proposed groin, seawall, jetty, navigation channel, boat basin, pier, dock, wharf, bulkhead, retaining wall, piling, and/or other facilities.

     b.      The facility shall be served by a public water supply system.

     c.       Any boat storage area shall be in addition to the area required for off-street parking purposes and shall be limited to 10% of the total land area to be used under the Application.

     d.      The Application shall be accompanied by a report from the Director of Health of the Town of Branford attesting to the adequacy of the proposed sanitary sewage disposal facilities for the intended use.

36.8     Electric Power Transmission Lines: Within all Residence Districts, all electric power transmission lines shall be located underground.

36.9     Accessory Apartments: The Commission may grant a Special Exception approval of an accessory apartment provided that in addition to all other applicable requirements of these Regulations, the following conditions are met:

     1.      The accessory apartment shall meet the definition of “accessory apartment” given in Section 6.

     2.      No more than one accessory apartment shall be created within a single family residence.

     3.      The owner(s) of the residence in which the accessory apartment is created shall occupy at least one of the dwelling units on the premises.

     4.      The accessory apartment shall be designed so that, to the degree reasonably feasible, the exterior of the building continues to look like a one—family residence. In general, any new entrance shall be located on the side or in the rear of the building. Any addition constructed to accommodate the accessory apartment shall not increase the floor area of the original house by more than 10 per cent.

     5.      The lot on which the accessory apartment is located shall be of sufficient size and shape to accommodate parking and other normal requirements of residential uses, without compromising the character of the neighborhood.

     6.      At least three off-street parking spaces shall be provided per section 42 of these Regulations.

     7.      No accessory apartment shall have a gross floor area of less than 360 square feet and not more than 800 square feet. In no case shall an accessory apartment have a gross floor area of more than 30% of the structure in which it is located.

     8.      The effective period of a special exception permit shall be two years.  It is the responsibility of the applicant to submit a request for extension within 90 days prior to expiration of approval.  The zoning enforcement Officer shall grant a two year renewal provided that  1) the applicant shall present proof that the property continues to be his principal residence and  2) the Zoning Enforcement Officer finds that the property is in compliance with the original special exception permit and there are no other zoning violations.

     9.      In order to encourage the development of housing units for persons with disabilities, the Commission may allow reasonable deviation from the  stated conditions, where necessary, to install access and/or other facilities for disabled persons.   

     10.  In order to encourage preservation of historic buildings and efficient use of existing housing stock, the Commission may allow reasonable deviation from the stated conditions where necessary to create an accessory apartment with workable proportions, provided that the original structure has been in existence for more than 50 years.

     11.  The Commission may require additional conditions deemed necessary to protect public health, safety, and welfare and the single family character of the neighborhood.

36.10   Storage Trailers: (See definition, Section 6.41) The Commission may grant a Special Exception approval for temporary use of a storage trailer provided that all applicable requirements of these Regulations are met.  

36.10.1 Purpose and Rationale: The purpose of this regulation is to allow for temporary use of storage trailers if necessary for the operation of a business while addressing the problems often associated with storage trailers.  The major problems are that storage trailers may become unsafe, unsightly and a detriment to surrounding properties, and they often disrupt the other elements of a site plan (e.g. parking, landscaping, setbacks, and coverage).  Storage trailers are like vehicles but they are not licensed as such and are generally more permanent; they are like outdoor storage, but they provide cover and consequently create impervious surface; and they function as building space but are not subject to normal building requirements.  The standards listed below treat storage trailers as buildings in respect to their impact on the site, but limit their use to a temporary period, given their movability and limited lifespan as compared to a conventional structure built to building code standards.

36.10.2 Standards:  The placement of any storage trailer is subject to the following standards:

     a.       The storage trailer must be structurally sound and pose no detriment to public health,    safety, convenience or property values.

     b.      The storage trailer must meet the same dimensional standards of Schedule B as would a conventional structure. 

     c.       The storage trailer shall be located so that it does not take up parking spaces required for other uses on the site and does not obstruct emergency access or other essential circulation patterns.

     d.      Any landscaping or natural vegetation disturbed by the placement of a storage trailer shall be restored immediately upon removal of the trailer. The Commission may require posting of a bond sufficient to insure such restoration.

     e.       The Commission may require that storage trailers be screened from view from the street and adjacent properties and that appropriate landscaping, fencing or other screening be provided.

     f.       The aggregate area covered by storage trailers shall not exceed 10% of the total floor area of all buildings on the site.

     g.      Storage trailers shall be painted in neutral or subdued colors to blend with surroundings.  No signage or other 1ettering shall be placed or painted on any storage trailer.

     h.      The effective period of a storage trailer special exception permit shall be two years. Any request for extension of this time period shall be processed as a new application.

36.11   Construction-related Contractor’s Business and Storage Yards having outside storage of earth materials, heavy equipment or construction vehicles: Because of the nature of the business, many contract ors’ yards resemble a construction site, with similar impacts, such as erosion, dust noise, a concentration of heavy vehicle traffic, and substantial outdoor storage of materials and equipment. But, in contrast to a construction site such business has no time limit for completion of all work. The purpose of this section is to set standards which will allow operation of such yards over a 1ong period of time without causing serious detriment to public health, safety, and value of surrounding properties. For this reason an application for such use shall contain the additional information and shall meet the additional standards listed below.

36.11.1  Additional Information: In addition to all other Special Exception application requirements, the app1ication on shall contain the following additional information:

     a.       Stock-piles and other outdoor­ storage: Size, location and type of materials.

     b.      Vehicles and other mobi1e machinery:  Type and size, and number of vehicles entering and exiting the site and stored on the site and 1ocation of parking spaces for same,

     c.       Processing: Size, location and type of equipment used and type and volume of materials processed.

     d.      Vehicle and equipment maintenance facility: Types of maintenance operations to be performed and provisions for waste disposal.

36.11.2  Additional Standards: The Commission shal1 approve no building contractor’s business and storage yard having outside storage of earth materials, heavy equipment or construction vehicles unless it determines that, in addition to other applicable requirements to these Regulations, all of the following conditions will be met

     a.       Minimum lot size shall be three acres.

     b.      Al1 outdoor storage areas shall be screened from view from adjacent properties. The applicant shal1 also provide for on-going dust and erosion controls sufficient to prevent migration of soil beyond the subject property. (See also Sect. 44.6. 13) No outside storage shall be located so as to obstruct drainage facilities or circu1ation patterns or otherwise impair the functioning of the site, No demo1ition debris or other waste may be stored or processed on the site.

     c.       All vehicle parking areas shall be screened from    view from adjacent properties. The volume of traffic entering and exiting the site and the condition of the vehicles shall not cause hazardous conditions or be otherwise detrimental to the appropriate and orderly development or use of the surrounding neighborhood.

     d.      No processing machinery shall be 1ocated between the property 1ine and the building setback lines. Proper buffering, shielding, or other controls sha11 be provided to the extent necessary to prevent negative impacts from dust, noise and vibration on surrounding properties.

     e.       No vehicles other than those of the business occupying the site shal1 be repaired or maintained on the site. All spare parts shall be stored indoors or, if stored outdoors, in a clearly defined area shielded from view from surrounding properties and shall meet all restrictions on outside storage, as described in Sect. 25.7 of these Regulations. All required permits for proper disposal and/or discharge of wastes shall be obtained prior to issuance of final zoning compliance.

     f.       Trash hauling, retail sales of merchandise to customers at the site, mining of earth materials, and repair of vehicles other than those used by the business are prohibited.

     g.      The Commission may impose additional limitations, including down-scaling or elimination of specific activities, in order to protect public health, safety, convenience and property values. Failure of the applicant to demonstrate adequate and enforceable controls on negative impacts shall be deemed sufficient grounds for denia1 of the applications.

36.11.3  Approval: The Commission may require, as a condition of approval, that the applicant post a bond to insure compliance with the requirements of the approved plan. The Commission may also limit the effective period of the Special Exception to two (2) years.

36.12   Communications Towers, Antennae and Telecommunications Facilities: The purposes of this Section are as follows:

     1.      To accommodate the need for Telecommunications Facilities, Communications Towers and Antennae while regulating their location and number;

     2.      To minimize adverse visual effects of these facilities through proper design, siting and screening;

     3.      To encourage shared or joint use of Communications Towers and Telecommunications Facilities, or other such Co-located Telecommunications Facilities; and

     4.      To reduce the number of Communications Towers needed in the future.

36.12.1  Standards for Approval: No Special Exception for Communications Towers, Antennae or Telecommunications Facility will be granted except in conformance with the following standards:

     a.       Antennae, Telecommunications Facilities, Communications Towers and other communications facilities shall be located in the following order of preference, with consideration of town owned property, as appropriate:

          1.      On existing structures such as buildings or existing towers.

          2.      In locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

          3.      On new Communications Towers on bare ground in commercial and industrial districts.

     b.      The applicant is required to explain the process undertaken in selecting the site of the proposal, and how this process has failed to reveal any feasible alternatives deemed preferable under the above criteria. As a part of such explanation, the applicant must document why a Co-located Telecommunications Facility is not possible. Such Documentation will be assessed with regard to:

          1.      Technological infeasibility;

          2.      Availability of a suitable site;

          3.      Structural feasibility; or

          4.      Other proof supported by documentation.

     c.       To minimize the number of Communications Towers in the future, proposed new Communications Towers shall be designed to accommodate at least two (2) additional users, including municipal, non-private emergency services. The applicant shall provide for co-location of municipal antennae at no charge to the Town.

     d.      Telecommunications Facilities involving the construction of a new Communications Tower shall be surrounded by a fence not higher than six feet. In addition, the site shall be landscaped in a manner deemed acceptable by the Commission in order to mitigate any adverse aesthetic impact.

     e.       No lighting of any Telecommunications Facility will be allowed except where required for public safety as determined by the Commission or the Federal Aviation Administration.

     f.       No commercial advertising or other signage is permitted on any Telecommunications Facility.

     g.      No Communications Tower shall exceed the height required to satisfy the technical requirements of the users(s), and in no event shall any Communications Tower exceed the height permitted in Section 25, Schedule B.

     h.      Should the Commission determine that a peer review of technical issues is warranted, the applicant shall assist the town in retaining such peer review and shall reimburse the town for any reasonable costs associated with obtaining peer review.

     i.        All wireless Telecommunications Facilities shall comply with the setback requirements of the district in which they are located.

     j.        The applicant shall document the adequacy of proposed access and parking for the facility.

     k.      All communications Towers shall have a galvanized finish or be painted a neutral color deemed appropriate by the Commission.

     l.        Any Telecommunications Facility which is not used or maintained for a period of twelve (12) consecutive months shall be removed at the owner’s expense.

     m.    All site plans shall present the seal of a Connecticut Professional Engineer.

     n.      Telecommunications Facilities are prohibited on undeveloped islands.

36.12.2  Additional Requirements: In addition to the requirements of this Section, the Commission may require applicants to submit the following information:

     a.       Depictions such as sketches, photographic simulations or photographs of a balloon at the elevation of the proposed facility. If balloon elevation is required, public notice of the time and place of such balloon elevation shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in Branford at least seven (7) days before the elevation of such balloon.

     b.      Propagation studies which illustrate the area serviced by the proposed facility, and if requested by the Commission, propagation analysis for sites that were rejected.

36.12.3  Partial Invalidity, Severability: If any term, provision or condition contained in these regulations pertaining to Telecommunications Facilities (including Sect. 24, Schedule A; Sect. 25 Schedule B; Sect. 25.3; Sect. 6; and Sect. 36) shall to any extent, be invalid or unenforceable, the remainder of these regulations (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each and every other term, provision and condition of these regulations shall be valid and enforceable to the fullest extent possible permitted by law.

36.13   Non-profit Cat Shelters: Non-profit cat shelters shall meet the following standards:

     1.      A minimum floor area of 40 square feet per cat shall be available in any building in which a cat shelter is located.

     2.      Adequate parking for shelter needs, including volunteer workers and prospective pet owners, shall be provided. A minimum of three spaces shall be required for any shelter.

     3.      The shelter must be maintained in a clean, healthful, sanitary and safe condition.

     4.      No outdoor housing/storage of cats is allowed.

     5.      No boarding of cats for a fee is allowed.

36.14   Self-Storage: All self-storage facilities shall conform to the following additional standards:

     a.       The use shall be limited to individual storage compartments, not to exceed 200 s.f., and shall specifically exclude any commercial use or activity otherwise permitted either by Site Plan of Special Exception, in an IG-2 zone under Section 24, Schedule A, Part C.

     b.      All self-storage units shall be screened by a 25’ wide landscaped strip consisting of a dense evergreen barrier of a height sufficient to obscure storage units from adjoining uses, properties, and roads.

     c.       The exterior walls of the proposed structure shall be of masonry construction and conform to the requirements of Section 32.5 Special Exception Standards.

     d.      All storage units shall be of neutral tones which harmonize with the surrounding area.

     e.      No unit shall exceed one story in height.

     f.       No outside storage is allowed.

     g.      No electrical outlets shall be allowed in individual units.

     h.      No self-storage facility shall exceed five (5) acres in size.                                                                

     i.        No self-storage facility shall be located within 5000 feet of Long Island Sound or within 5000 feet of another self-storage facility.