ARTICLE V : SPECIAL PERMIT REQUIREMENTS
Section 500: APPLICABILITY:
Special Permit uses listed in ARTICLES II, III, and VI are considered special because they may prove to be incompatible with surrounding land uses unless established with special care and conditions. Such uses shall meet all requirements of these Regulations.
Section 510: APPLICATION AND SITE PLAN:
Applications for Special Permits may be obtained from the Town Offices. All applications for Special Permits shall be accompanied by a Site Plan, as prescribed in ARTICLE IV of these Regulations.
Section 520: REQUIRED HEARINGS AND DECISIONS:
The Commission shall conduct a public hearing on any application for a Special Permit. Such hearing shall commence within 65 days after receipt of such application and shall be completed within 35 days. The Commission shall render a decision on the application and related Site Plan within 65 days of completion of the hearing. The applicant may withdraw the application or may consent to an extension of any period specified in this paragraph, provided such extension shall not be longer than 65 days total
At least 10 days prior to the public hearing, the applicant shall send a notice of the public hearing to persons who own land that is adjacent to the land that is subject of the hearing, The proof of mailing shall be evidenced by a certificate of mailing and the person who owns the land shall be the owner indicated on the property tax map or on the last completed grand list as of the dates such notice is mailed. The notice shall indicate the reason for the hearing, hearing date, time and location of the hearing. Evidence of mailing shall be presented to the Planning and Zoning Commission at or before the public hearing.
521. A Special Permit shall not be granted unless the Commission finds the following:
521.a: That the proposed activity will not create any conditions that could endanger public health, safety and welfare.
521.b: That vehicle access is adequate to assure that traffic hazards will not result, and that there will be adequate off-street parking spaces for the proposed uses.
521.c: That there will be no adverse impact upon natural resources.
521.d: That there will be no adverse effects upon the existing and probable future character of the neighborhood or its property values.
521.e: That the proposed activity will not hinder the orderly and appropriate development of adjacent property.
521.f: That there is adequate natural or structural screening or landscaping provided to minimize visual and auditory impact.
521.g: That the water supply, the sewage disposal, and the storm water drainage shall conform with accepted engineering criteria; comply with all standards and be approved by the appropriate regulatory authority; and not unduly burden the capacity of such facilities or the environment.
521.h: The proposed use will not conflict with the purposes of the Regulations.
522: The Commission may set conditions for approval of a Special Permit where necessary to achieve the provisions listed above.
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(530)
Section 530: APPLICABILITY OF INLAND WETLANDS AND WATERCOURSES:
If a Special Permit application involves an activity regulated pursuant to the Inland Wetlands and Watercourses Act, the applicant shall submit an application to the Goshen Inland Wetlands Commission no later than the day the Special Permit application is filed with this Commission. This Commission shall not render a decision on the Special Permit application until the Inland Wetlands Commission has submitted a report with its final decision. The Commission shall give due consideration to the said report.
Section 540: RECORDING:
No Special Permit shall become effective until a copy thereof, certified by the Chairman or Secretary of the Commission, containing a description of the premises to which it relates and specifying the nature of the Special Permit including the zoning pro-
vision to which a Special Permit is granted, and stating the name of the owner of record, is filed with the Town Clerk and recorded in the Town’s land records.
Section 550: REQUIREMENTS FOR SPECIFIC USES:
551: HOME BASED BUSINESS IN RESIDENTIAL ZONES:
551.1: STATEMENT OF PURPOSE:
The purpose of this section of the regulations is to provide a variety of home based business opportunities under criteria designed to permit such uses to exist in otherwise residentially zoned areas without adverse affects on the Town’s quality of life, it’s environmental and visual quality, and upon property values.
551.2: DEFINITION OF HOME BASED BUSINESS.
A business owned and operated by the owner of a single-family dwelling located in residential zones on a lot fronting on a Town road or State highway and with a safe driveway access to the Town road or State highway. An application for a Home Based Business Use shall require submission and approval of a Site Plan (Article IV) and Special Permit (Article V) and shall meet the following standards and criteria.
551.3: Uses permitted as a Home Based Business shall be limited to the following:
Antique Sales
Antique Auto Restoration
Artist Studio or gallery
Bakery
Blacksmith Shop
Building or mechanical contractor, provided the primary work is conducted off the
premises.
Boat manufacturing (wood and metal only)
Bookbinding
Boot-making and shoe-making (not including dyeing)
Broom and brush manufacturing
Canning and freezing of food grown on the premises
Carpentry Shop
Carriage Shop
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(551.3)
Craft-making
Computer Repair
Cooperage
Dressmaking and shirt-making (not including dyeing)
Electrical Appliance Repair
Farrier
Flower Shop
Furniture making (not including stuffed furniture)
Glass Blowing
Gunsmith and Repair Shop
Harness Shop (not including dyeing)
Herb Shop
Kennels
Meat cutting and Freezing (not including slaughtering)
Office Machine Repair
Pewter Casting
Pottery Kiln and Studio
Printing
Professional Office (see definition section)
Sheet Metal Shop
Sign Shop
Small Engine Repair (not including motor vehicle or tractor engines)
551.4: STANDARDS AND CRITERIA OF HOME BASED BUSINESS.
A Home Based Business use shall comply with the following standards and conditions in addition to all other applicable requirements set forth in these Regulations.
551.4a: The lot and building shall meet the minimum lot size, setback, height, and road frontage requirement of the zone in which it is located unless otherwise specifically provided for in these Regulations.
551.4b: The maximum lot coverage shall be 10% of the total lot area, not including areas of Inland Wetlands and Watercourses.
551.4c: The size and shape of the lot shall be sufficient for the location of proposed buildings, structures, and access ways, parking areas, water supply and septic systems.
551.4d: No more than one Home Based Business shall be permitted on a lot.
551.4e: The Commission shall determine that the proposed use in the proposed location will not create offensive odors, noise, or unsightly conditions and does not constitute a threat to the quality of surface or groundwater resources (see Section 600).
551.4f: The site plan shall include a screening plan which provides screening consistent with and compatible with residential uses. The screening plan shall be required for any portion of the front or side setback area where it is determined by the Commission that such screening is necessary to retain rural residential appearance and to minimize potential conflict between a neighboring residential use and the Home Based Business.
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(551.4)
551.4g: Employees on the Premises. Home Based Business open to the general public shall have not more than 2 non-resident employees on the premises at any one time. Businesses not open to the public shall have not more than 4 non-residential employees on the premises at any one time.
551.4h: Where it is determined that, due to the nature of the use and/or the projected type or volume of traffic, the hours of operation should be limited to minimize the effect of the proposed use on the neighborhood; the Commission may limit the hours of operation as a condition of the permit.
551.4i: A Home Based Business involving holding gatherings in the home for the purpose of selling merchandise or taking orders, may be permitted provided such gatherings shall not be held more often than 4 times each month. The Commission may limit the number of guests attending such gatherings as a condition of the permit.
552: ROOM AND BOARD OR A BED AND BREAKFAST ESTABLISHMENT:
The provision of rooms for transient visitors in an owner-occupied residence may be permitted by the Commission, subject to the following conditions:
552.1: The lot shall be of adequate size and shape to accommodate one parking space for each guest room. Parking spaces shall be located to the rear of the building where possible.
552.2: The building must be sound, safe and of adequate size to accommodate guest rooms. Written approval must be obtained from the Fire Marshal.
552.3: No more than five guest rooms shall be permitted on any lot
552.4: Approval by the Torrington Area Health District must be obtained for the proposed water supply and sewage disposal facilities for the proposed use
553: PRIVATE RESTRICTED AIRSTRIPS:
553.1: STATEMENT OF PURPOSE AND DEFINITION:
An unpaved field in a location meeting the safety and other criteria as set forth herein, the use of which is limited to take-off and landings of single engine aircraft for non-commercial purposes. Such aircraft shall be owned and operated by the individual owner of the property. The Private Restricted Airstrip shall be established and maintained as an accessory use.
553.2: Private Restricted Airstrips may be permitted subject to Special Permit approval in accordance with other relevant Sections and the requirements hereinafter set forth.
553.3: Runway length of any Private Restricted Airstrip shall be limited to 2,500 feet, and shall be unpaved.
553.4: The Permit shall be site-specific, indicating direction and acreage. The applicant shall provide a map showing adjoining houses within one thousand feet of the proposed runway.
553.5: As part of the application, the Owner/Operator of the property, upon which a Private Restricted Airstrip is utilized, shall be required to secure and present to the Goshen Planning and Zoning Commission, a statement regarding the suitability of the proposed airstrip from the State DOT, Bureau of Aviation and Ports.
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(553.6)
553.6: No part of a runway or any Private Restricted Airstrip shall be closer than 200 feet to a public road, nor 100 feet to a property line as a minimum. This may be increased, depending upon individual/particular circumstances.
553.7: Hours of operation of any Private Restricted Airstrip shall be permitted only from dawn until dusk.
553.8: Single engine aircraft only shall be permitted. The applicant shall specify the class of aircraft to be utilized, which shall be compatible with the take-off and landing parameters, as specified in the Aircraft Manual.
553.9: The Private Restricted Airstrip shall be used by the Owner/Operator, who shall not engage in pilot training or commercial enterprises.
553.10: Storage of aircraft on which a Private Restricted Airstrip is located shall be limited to those belonging to the owner of such property.
553.11: Where appropriate and necessary, the Goshen Planning and Zoning Commission may limit the number of take-offs and landings.
554: Not used.
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