ARTICLE VI - OTHER REQUIREMENTS
SECTION 600: PROTECTION OF SURFACE AND GROUND WATER
No new use of land or structure shall be permitted which could pose a threat to the quality of the Town’s surface waters, its ground water or its aquifers as identified and mapped by the U.S. Geological General Statutes as outlined in Section 22a-352 of the Ground Water Classification Act. The following minimum regulations shall apply to pro-
posed development:
601: Road salt storage must be in weather tight buildings.
602: Manufacture, use, storage, or disposal of hazardous materials in significant quantities is prohibited, except as provided in this Article VI. For the purpose of this ordinance, hazardous materials are defined as those substances identified by the U.S. Environmental Protection Agency in Table 302.4 as listed in 40 C.F.R. Section 302.4 (1981) as amended. The amount of any substance which shall constitute a “significant quantity” of such substance is as listed in said Table 302.4. Additionally, “hazardous materials” as used herein, shall include oil and oil-based derivatives as listed in 40 C.F.R. Section 112.2 (1981) as amended. As used herein, a significant quantity of oil or oil-based derivatives shall be equivalent to the “reportable quantity” of such substances as listed in 40 C.F.R., Section 112.2 (1981) as amended. The storage of heating oil for on-site use shall be allowed in accordance with Section 604 of these Regulations.
603: Sanitary landfills, septage lagoons, and waste-water treatment facilities for municipal or industrial wastes are prohibited.
604: The underground or subsurface storage of hazardous materials, as defined in Section 602 of these Regulations, other than heating oil storage for on-site heating use, is prohibited. The replacement of existing facilities for hazardous material storage, and the installation or replacement of facilities used for the storage of heating oil for on-site heating purposes, must comply with the following minimum requirements:
604.1: Tanks must be installed according to N.F.P.A. 31, 1983 ed., standards as amended covering such installations. (Rev. 11/94)
604.2: A Zoning Permit must be obtained prior to the commencement of work.
604.3: All subsurface lines used to transport the hazardous material to and from the tank must be sheathed in a plastic-type pipe. Such sheathing must start at a point at or near the outlet of the tank and run continuously to the point of the product use. Whenever a line passes through a foundation wall or is interrupted inside a structure for other reasons, a shut-off valve must be provided. Furthermore, the lines continuing from that point must also be sheathed until a point within close proximity of the unit utilizing the hazardous material.
604.4: Whenever a heating oil tank is to be installed subsurface or underground, such installation must be done under the supervision of the Zoning Enforcement Officer, or by an agent appointed by the Commission.
VI-1
604.5: All underground heating oil tanks must be fabricated of steel and steel components, with strike plates located at the bottom of the tank below top openings; be outfitted with factory-installed cathodic protection; corrosion-resistant coating; and a voltage test-monitoring station to prove the cathodic protection system. The tank must be capable of obtaining a voltage-test result of negative .85 volts or more negative reading, after the first year of installation and thereafter. The tank must carry a manufacturer’s or equal warranty for a period of 30 years or greater. A Sti-p3 tank or its equal is recommended for compliance with the Section.
604.6: All underground heating oil installations must include a leak detection system. Such system at a minimum must provide one observation well. Such well must be constructed of Schedule 40 PVC pipe, with a minimum diameter of 3 inches, and must be located within 12 inches of either head of the tank. The first 2 feet of the pipe below grade level shall be of the non-perforated type and be back-filled with natural soils. The point below this depth shall be of perforated pipe and continue to the floor of the excavation site. This pipe must be back-filled with trap rock for a diameter of no less than 2 inches larger than the pipe used. The pipe above grade level must be fitted with a removable plastic cap.
605: The manufacture, use, storage, or disposal of radioactive material is prohibited, except for use in structural engineering inspection and in medical procedures.
606: The construction, expansion, or replacement of storage tanks limited to the storage of petroleum fuel products to be used only for the purpose of providing fuel for motor vehicles or other motors shall be permitted where such storage is a part of a Town use, a commercial use, or other non-residential use permitted under these Regulations, subject to the following minimum standards and requirements:
606.1: The storage facility shall be above ground and located within a structure having a suitable containment area surrounding the fuel container(s). The containment base and walls shall be impervious to the stored fuel(s). The containment shall be capable of retaining without leakage 110% of the total capacity of the fuel container(s). Where the storage tank is located within a roofed structure, the containment area shall be designed to enable removal of precipitation accumulation manually or by a procedure proposed by the applicant and approved by the Commission.
606.2: Each fuel container shall have a mechanical level gauge (not a sight tube), and shall have a top vent pipe or overfill pipe which is directed into the containment area.
606.3: The total storage for all such fuel tanks on a site shall not exceed 3,000 gallons.
606.4: The applicant shall show the proposed location of the storage tank(s) and other information required under these Regulations on a Site Plan. The applicant shall also submit a management plan for protection against spillage during re-fueling.
606.5: The Commission may require placement of evergreen plantings to provide year-round screening of the storage facility.
VI-2
(606.6)
606.6: Prior to approval of the Site Plan, the Commission shall refer the application to the Fire Marshal for a report on the suitability of the proposed location under the requirements of the NFPA Regulations.
606.7: Prior to issuance of a Certificate of Zoning Compliance, the Zoning Enforcement Officer shall determine that the Goshen Fire Marshal has issued an approval of the installation under the requirements of the NFPA regulations.
606.8: At the time of application for a Special Exception, Site Plan or Zoning Permit, an applicant for any non-residential use shall certify that the use is, or will be, in compliance with all applicable regulations of the U.S. Environmental Protection Agency (EPA), the Connecticut Department of Environmental Protection (DEP), Connecticut State Department of Health (DOH), and the Torrington Area Health District (TAHD). Included with certification shall be a list of all materials classified as hazardous by the U.S. EPA or the State DEP that will be used or stored on the parcel. The Zoning Enforcement Officer shall notify the appropriate federal, state or local agency of any complaint regarding the handling of hazardous materials.
A copy of any monitoring reports required by the Connecticut DEP or the U.S. EPA shall be sent to the Planning and Zoning office. A violation of any State or Federal regulation regarding hazardous materials shall also be a violation of these regulations.
SECTION 610: CONTROL OF EROSION AND SEDIMENTATION
An Erosion and Sedimentation Control Plan subject to the following requirements shall be submitted with any application for development of a lot when the disturbed area of such development is cumulatively more than one-half acre. A single family dwelling that is not part of a subdivision of land shall be exempt from these soil erosion and sediment control requirements. A lot in a subdivision shall be subject to the requirements for an Erosion and Sedimentation Control Plan both as part of the subdivision plan application and as a part of the application for any permit under these Regulations.
611: DEFINITIONS:
For purposes of Sections 610 through 615:
CERTIFICATION means approval by the Zoning Commission that an erosion and sediment control plan complies with the applicable requirements of these Regulations.
DISTURBED AREA means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
INSPECTION means the periodic review of sediment and erosion control measures shown on the certified plan.
SEDIMENT means solid material, either mineral or organic that is in suspension, is trans-
ported, or has been moved from its site of origin by erosion.
VI-3
(610)
SOIL means any unconsolidated mineral or organic material of any origin.
EROSION AND SEDIMENT CONTROL PLAN means a scheme that minimized soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
612: INFORMATION AND REQUIREMENTS:
An Erosion and Sediment Control Plan shall contain proper provisions for adequate control of erosion, sedimentation and storm water runoff on the proposed site. The Plan shall be developed in accordance with the principles, minimum standards and methods specified in the Connecticut Guidelines for Erosion and Sediment Control (1985) as amended or the best available technology as determined by the Commission. Mapped information as required below shall be shown separately or as a part of the application for development of a lot. Said plan shall contain, but not be limited to:
A narrative describing:
a. The development project.
b. The time schedule for
-all major construction activities indicating the anticipated start and completion of development
-creating and stabilizing disturbed areas.
-grading operations.
-applying erosion and sediment control measures and facilities onto the land.
c. Design criteria, construction details, detailed installation/application procedures and maintenance programs.
-Soil erosion and sediment control measures.
A Site Plan to Reveal:
a. Existing and proposed topography.
b. In disturbed areas, topography contours shall be shown at two (2) foot intervals based upon a field survey.
c. Proposed site alteration and disturbed areas including cleared, excavated, filled or graded areas.
d. Location of and other detailed information concerning erosion and sediment control measures and facilities.
613: ISSUANCE OF DENIAL OF CERTIFICATION:
The Commission shall either certify that the Erosion and Sedimentation Control Plan complies with these requirements and objectives or deny certification when the development proposal does not comply. The Commission may refer Erosion and Sediment Control Plans to the Litchfield County Conservation District for its comments.
614: CONDITIONS RELATING TO SOIL EROSION AND SEDIMENT CONTROL:
Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan. The Commission may require a performance bond or other form of surety acceptable to the Commission to guarantee completion of erosion and sediment control measures.
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(614)
All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
615: INSPECTION:
Inspection by the Commission or its authorized agent during and after development shall ensure compliance with the certified plan and that control measures and facilities are properly performed, installed and maintained.
SECTION 620: EXCAVATION OF EARTH MATERIALS
621: GENERAL PROVISIONS:
621.1: These Regulations shall be applied to promote the following purposes:
621.1a: To regulate and control the excavation and removal of soil, loam, sand, gravel, clay, rock or any other earth material from land on premises in the Town of Goshen.
621.1b: To control and regulate all excavation and removal of earth materials so as to prevent the creation of any safety or health hazard, including but not limited to, soil erosion, stagnant water, water pollution, excessive drainage runoff to adjoining property and to preserve land values.
621.2: No excavation or removal of earth material from land or premises shall be commenced or conducted except in accordance with and subject to these Regulations.
621.3: For the purposes of this Section:
621.3a: “Excavation” shall mean the severance from the earth’s surface or removal from the ground soil, loam, sand, gravel, clay, rock, topsoil, or any other earth material.
621.3b: “Topsoil” shall mean earth materials, including loam, which are arable and constitute the surface layer of earth material.
621.4: Permits under this Section of these Regulations shall not be required for:
621.4a: The construction of a well, driveway, utility line, fence, approved subdivision street or the landscaping of premises when in conjunction with a use permitted by the Zoning Regulations or Subdivision Regulations, and provided said construction does not result in the removal of more than 300 cubic yards of earth material from the premises.
621.4b: The movement of earth material from one part to another part of the same premises, when it is reasonably necessary for the purpose of farming or landscaping.
VI-5
(621.4)
621.4c: An excavation which is made solely for a foundation or cellar hole, provided that no more than 300 cubic yards of earth material is removed from the premises, not including an amount equal to the volume of the building or other structure being constructed below grade.
621.4d: Maintenance of sedimentation basins or waterbody dredging when under valid permit issued by the Goshen Inland Wetlands Commission.
622: EARTH EXCAVATION SPECIAL PERMIT:
Except as provided in Section 621.4 and Section 626 of these Regulations, all excavation and removal of earth materials shall be allowed only as an Earth Excavation Special Permit use.
623: APPLICATION REQUIREMENTS:
In addition to the conditions set forth in ARTICLE V, an application for an Earth Excavation Special Permit shall be made subject to the following information, documents, and plans:
623.1: A survey prepared by a Connecticut Licensed land surveyor and/or a Connecticut Licensed Professional Engineer, to be drawn at a scale of not less than 1” equals 40’ and describing the following: Location of existing and proposed streets, watercourses, wetlands, wells, and septic systems; the details on re-grading and re-vegetation of the premises; the area for stockpiling topsoil; and the proposed means of access.
623.2: The existing contours and elevations and the final contours and elevations at 2’ intervals.
623.3: Soil data, including boring logs and locations to finished grade shown on the plan. Such data shall show soil types and ground water table elevations.
623.4: Provisions for proper surface and sub-surface drainage during excavation and after completion.
623.5: The acreage or square footage of the actual area to be excavated and the volume of material to be removed in cubic yards. Where the applicant expects to continue excavation under a renewal permit, the total volume in cubic yards of all material expected to be excavated shall be provided.
623.6: An estimate of the number, type, and capacity of trucks, and identification of other equipment to be used on the site. Location of existing and proposed access to the site and interior roads.
623.7: The location and type of existing structures.
623.8: Details of grading and erosion control during construction, and for final grading and planting of the site to prevent erosion and otherwise stabilize and restore the premises subject to the requirements of Section 610 of these Regulations.
623.9: Written authorization to the Commission for inspection of the site at any reasonable time by a duly authorized representative of the Commission.
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(623.10)
623.10: The application shall contain full information regarding the standards and regulations plus other such information as the Commission may require.
624: STANDARDS AND REGULATIONS CONCERNING CONDUCT OF OPERATION:
In considering any application the Commission shall evaluate the effect on adjacent property, property values, the public health and safety and the potential future use of the premises, the specific purposes set forth in Section 621.1 and the general purposes of the Regulations. The Commission may approve a plan only when it is satisfied that the purposes of these Regulations will be met and that the following conditions will be complied with:
624.1: All operations on the premises shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m., Mondays through Fridays inclusive, and between 7:00 a.m. and 1:00 p.m. on Saturdays, seasonal time only. No operation shall take place on Sundays or on those legal holidays set by the State Labor Commission.
624.2: No more than 4 acres may be opened up and excavated at one time without specific authorization from the Commission.
624.3: No stationary machinery shall be erected or maintained within 100 feet of any property line, permit area line or street line.
624.4: No excavation shall take place within 50 feet of any property or street line regardless of elevation, and no shrubbery, grass or trees shall be removed from the 50 foot strip until restoration begins.
624.5: Where leveling off is the intent of the permittee(s) and where doing so would improve the properties of both the permittee(s) and the adjacent property owner(s), the owner may, after formal application and approval by the Commission, excavate and grade within the 50 foot setback area.
624.6: Where there is a commercial earth excavation operation, either new or existing, adjacent to another such operation, either existing or formerly mined, the Commission may require the owner(s)/operator(s) of the contiguous properties to “mine through”, removing the materials within the 50 foot buffer strips and blend the contiguous property line into a common grade.
624.7: A Connecticut Licensed Surveyor shall stake all corners of the permit area. A secondary staking shall be required 45 feet inside the permit area, in a manner acceptable to the Commission, in order to maintain the 50 foot setback.
624.8: When the depth of the excavation exceeds 20 feet, the distance from the property line or street line shall be increased not less than 1 foot for each additional vertical foot of excavation.
VI-7
(624.9)
624.9: When excavation and/or removal operations are completed, or if a permit has expired and/or has not been renewed, the excavated area shall be graded to within 25 feet of the permit line, adjacent property line and/or street lines, so that the slopes and disturbed areas shall be no steeper than 1:3 (vertical to horizontal). A layer of topsoil shall be spread over the excavated areas, excepting exposed rock surfaces, to a minimum depth of 3 inches, in accordance with the approved final grading plan. The Commission may approve other such methods in writing. Restoration shall take place within the year following the completion of work or the expiration/non-renewal of a permit. Said area shall be maintained in a stabilized condition for a period of
one year before the final bond shall be released by the Commission.
624.10: No building, except a field office or temporary shelter for machinery shall be erected on the premises, and no screening, washing, crushing or other form of processing shall be conducted upon the premises. Any office, temporary shelter, or machinery shall be removed from the premises within six months of the completion, expiration or non-renewal of a permit.
624.11: At all stages of the operation proper drainage shall be maintained to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties or roads. Blocked drainage ditches or culverts, or erosion on any highway shall be immediately removed by the owner or operator of the site. Should the Commission be required to cause the removal of such material for the safety of the public or for any other reason, the cost of such work shall be paid for by the owner and/or operator of the site.
624.12: During the period of excavation and removal, barricade fences or a grassed berm, at least six feet in height, shall be erected, as deemed necessary by the Commission or the Zoning Enforcement Officer, for the protection of pedestrians and vehicles. As well, such barricades, fences or berms may be required to further buffer adjacent properties from the operation.
624.13: At no time shall an overhang be permitted on any face, and at no time shall slopes in excess of 1:3 (vertical to horizontal) be present on any face, except the face where active excavation is being carried on.
624.14: During the period of excavation and removal, the owner and/or operator of the site shall provide, at his own expense, such special police, flagman, barricades and fences for the protection of pedestrians and vehicles, as deemed necessary by the Commission or the Zoning Enforcement Officer to protect the public health, safety, convenience and property values.
624.15: Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. That portion of any access road within the area of operation shall be treated to minimize dust. The Commission may require a hard-surface road to ensure further control of dust.
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(624.16)
624.16: Proper measures shall be taken to avoid noise and air pollution. Such measures may include limitation upon the stockpiling of excavated materials upon the site.
624.17: The owner and/or operator shall be liable for the cost of repairing any damage to any public highway resulting from it’s operation.
624.18: The Commission may require other appropriate safeguards necessary to protect the public health, safety, convenience and property values.
625: PERMIT APPROVAL AND RENEWAL:
625.1: Permit approval may be granted in two stages by the Commission: Permit approval to the owner may be granted only after submission of all the required documents and requested information and the necessary public hearing. Permit approval to the operator may be granted only after his furnishing to the Commission evidence of proper bonding and insurance.
625.2: Before a permit is issued, the applicant and his operator shall post, separately, a surety in a form acceptable to the Commission or a performance bond in form and amount satisfactory to the Commission, with a bonding company licensed to do business in the State of Connecticut, as surety conditioned on the carrying out of all the above conditions and any other safeguards imposed, and providing that, in case of default, the surety company shall take any and all necessary steps to comply with said conditions. The Commission, as it deems fit, may require surety bond, cash bond, or a combination of the two.
625.3: No permit shall be issued for a period exceeding one year. Permits may be renewed for additional one-year periods upon application to the Commission and payment of a $50.00 fee provided that the Commission finds that the permittee has fully complied with these Regulations and the terms and conditions of the expiring permit. Areas previously worked upon for extraction of earth materials shall no be reopened for a period of five years after closure.
625.4: Updated contour maps may be required by the Commission prior to the renewal of the permit.
625.5: The Commission, or the Zoning Enforcement Officer, may require and “As Is” Contour Map at any stage of the operation.
625.6: An “As Built” Contour Map, prepared by a surveyor licensed in the State of Connecticut, showing conformity with the requirements for restoration, may be required prior to the release of any bonds.
625.7: If the excavation is abandoned for 12 months, or if no substantial activity, as determined by the Commission and the Zoning Enforcement Officer, takes place within 12 months after the granting or renewal of the permit, the permit may be revoked. Prima facie evidence of activity shall be the excavation of 3,000 cubic yards of material per year.
VI-9
(626)
626: PRE-EXISTING EARTH EXCAVATION OPERATIONS:
Any bona fide earth excavation operation (not including activities that qualify under Section 621.4 herein) which existed at the date of the adoption of these Regulations (8/29/88) shall be permitted to continue subject to the following requirements:
626.1: The activity shall be registered with the Planning and Zoning Commission by the property owner or his authorized agent on a form provided by the Planning and Zoning Commission.
626.2: Registration is effective upon submission to the Commission of a completed Pre-existing Earth Excavation Registration Form prior to December 31, 1993, and later acceptance by the Commission. Subsequent to the date, the burden of proof of pre-existing activity shall be upon the property owner.
626.3: The owner shall also submit a map showing the property boundaries and the location of the excavation activities. A copy of the land records map, with hand drawn location of the activities properly shown, shall be acceptable.
626.4: Activities on the premises shall be conducted only at times as prescribed in Section 624.1 herein.
SECTION 630: SIGNS:
631: REQUIREMENTS FOR ALL SIGNS IN ALL ZONES:
631.1: Any traffic or directional signs located within the right-of-way of a street and authorized by the Town, State, or Federal Government shall be exempt from these requirements.
631.2: Except for a directional sign as regulated by Section 634 below, no sign shall advertise or refer to a business activity, use, structure, product or establishment which does not take place on, is not available on or is not located on, the same lot as the sign.
631.3: No sign shall be located so that it will cause danger to traffic on a street by obscuring the view.
631.4: No sign shall be of the flashing, animated, pulsing, moving, or rotating type.
631.5: Other than window signs, sale or promotional signs, or open flags as permitted herein; signs shall be constructed entirely of wood or metal, firmly supported, maintained in good condition and repair, and removed when the purpose for which they were erected no longer exists.
631.6: No free-standing sign shall project higher than 12 feet above ground level. Where a property has frontage on two streets, two such signs may be erected, one on each street provided the provisions of Section 633 below are met.
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(631.7)
631.7: Naked or unshielded artificial sources of sign illumination shall not be permitted, except as part of holiday season decorations or community events or celebrations. No sign may be illuminated between the hours of 11:00 p.m. and 6:00 a.m., unless the premises are open for business at that time.
631.8: The Commission may order the removal of any sign that is not erected or maintained in accordance with these Regulations.
631.9: The Commission shall allow a change to a legally existing sign without a Zoning Permit, provided that the change does not alter the size or location of a sign.
632: SIGNS IN RESIDENTIAL ZONES:
Signs shall be permitted in any residential zone only as specified in Table I (following Section 637), or if a sign is for a non-conforming business use, it must comply with Section 633 below.
633: SIGNS IN TOWN CENTER BUSINESS ZONE:
Signs permitted in residential zones shall also be permitted in the business zone as specified in Table I (following Section 637). Signs for business uses in the business zone shall be permitted according to the following:
633.1: The intent of the regulation is to ensure visual compatibility with the historic and traditional architecture of the Village Center area of Goshen and to protect against traffic dangers including, but not limited to, impairment of visibility, distractions to drivers, and impending access to parking areas.
633.2: There shall be no more than 2 signs per building occupant plus one (or two) additional signs as prescribed in Sections 633.3a or 633.3b below, exclusive of window signs.
633.3: Permitted types of signs:
633.3a: Free standing sign: A self-supporting sign not attached to any building, wall or fence; but in a fixed location, for the purpose of identifying a single business use. The maximum area shall be 12 square feet and the maximum height shall be 12 feet. Sandwich board or A-Frame signs are not permitted.
Portable or trailer-type signs are not permitted.
633.3b: Free Standing Multiple Sign: A self-supporting sign not attached to any building, wall or fence; but in a fixed location, for the purpose of identifying the several occupants of the same building or building complex. It shall consist of a group of signs clustered together in a single structure or compositional unit. The maximum area shall be 36 square feet and the maximum height shall be 12 feet. Sandwich Board and A-Frame signs are not permitted. Where the frontage of the building or building complex is 300 feet or more, two such signs may be permitted.
Portable or trailer-type signs are not permitted.
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(633.3)
633.3c: Wall Sign: A sign which is attached parallel to an exterior wall of a building. Wall sign shall:
-Not project more than 15 inches from the building surface.
-Not extend above lowest point of the roof nor beyond the ends of the wall to which it is attached.
-Shall have an aggregate area not to exceed 1.5 square feet for each lineal foot of the building face or 10% of the wall area to which it is attached whichever is less.
633.3d: Window Sign: Any sign which is painted or mounted onto a window pane or which is hung directly inside a window with the purpose of identifying any premises from the sidewalk or street. Window signs shall not exceed more than 30% of the window area in which they are displayed.
633.3e: Sale or Promotional Sign: A temporary sign used for sale or promotional purposes. A sale or promotional signs shall be displayed only on the premises and be no larger than 6 square feet in size, and must conform to the provisions of Section 633.4 below. The maximum number of sale or promotional signs shall not exceed two. Sale or promotional signs shall be displayed for a period of no longer than 30 days, except that the Commission may grant an extension, not to exceed an additional 30 days.
633.4: A legally existing sign may be changed or altered provided that the size or location is not changed. No new sign in the Center Business Zone may be displayed or installed except upon issuance of a Zoning Permit. An application for a Zoning Permit for this purpose must include the following:
633.4a: A drawing to scale specifying dimensions, materials, illumination, letter sizes, colors, and support systems.
633.4b: A plan drawn to scale showing the location of the proposed sign relative to all structures, other signs, streets, driveways, and parking areas within 100 feet.
634: “Open” or Decorative Flag for Commercial Use:
One flag with the word “open” and/or one flag with a logo, symbol, or other decorative design appropriate to a commercial use may be permitted on a commercial lot in a business zone or on a lot in association with a non-conforming use provided that:
a. The size of the flag may not exceed 3’ X 5’.
b. The location of the flag shall not obstruct traffic sight lines, shall not be illuminated and the location shall be approved by the Zoning Enforcement Officer.
c. The owner of the use shall apply for a permit from the Zoning Enforcement Officer. The flag(s) shall be on display during business hours only and this shall be so stated on the permit.
VI-12
(635)
635: Directional Signs:
The Commission may grant a Zoning Permit for the installation of a directional sign off the premises of a lawful non-residential use or establishment when such placement shall be deemed reasonably necessary by the Commission to indicate the direction to or location of a use or establishment that is set back and not easily seen from a major thoroughfare. Such directional sign shall not be larger than 6 square feet in area.
An application for a Zoning Permit for installation of a directional sign must include the following:
a. A drawing to scale illustrating the design of the proposed sign, including it’s colors.
b. A drawing to scale showing the location of the proposed sign relative to all structures, other signs, streets, driveways and parking areas within 100 feet.
c. Written permission of the owner of the site on which the proposed sign is to be located.
636: PRE-EXISTING SIGNS:
Nothing in these Regulations shall require the removal of a lawful sign existing at the time of their adoption or amendment, even though such sign does not conform to the provisions of these Regulations. Such a sign may not be replaced by a new sign except in conformance with these Regulations, and upon approval of a Zoning Application. If such a sign is a business sign in a residential zone, it may be replaced only if the owner has registered the business and the sign by submitting an Existing Use Registration Form to the Commission on or before July 1, 1989, and, the new sign conforms with the provisions of Sections 631, 633, and 635 herein; and upon approval of a Zoning Permit.
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TABLE I – SIGNS PERMITED IN RESIDENTIAL ZONES
|
Maximum Sign Area |
Maximum # of Signs |
Location |
Zoning Permit Req’d ? |
a. Signs Giving name & address of the occupant |
2 sq. ft. |
1 per lot |
Back of Street line |
NO |
b. Signs pertaining to a profession or occupation permitted as an accessory use of lot |
2 sq. ft. , or 4 sq. ft. for a lot fronting on state Rtes. 4 or 63 |
1 per lot |
Back of Street L
ine |
NO |
c. “No Trespassing” or similar signs warning of the private nature of the premises |
2 sq. ft |
------------ |
Back of Street Line |
NO |
d. Signs giving the name of a farm on a wall or an accessory building |
No larger than 3 sq. ft. for every running foot of wall on which it is displayed |
1 per farm |
At least 40 feet back of street line |
NO |
e. Temporary signs pertaining to the sale, lease, or rental of property on which they are located |
6 sq. ft. aggregate for all signs |
2 per lot |
Back of Street Line |
NO |
f. Temporary signs pertaining to and during the construction or repair of property on which they are located |
6 sq. ft. aggregate for all signs |
2 Per lot |
At least 15 ft. back of street line |
NO |
g. Temporary signs on the premises offering lots and/or homes for sale within approved subdivision |
6 sq. ft. per sign |
2 per subdivision |
At least 15ft. Back of Street Line |
NO |
h. Signs of civic and not-for-profit organizations on the premises |
25 sq. ft. |
1 per lot |
At Least 15ft. Back of Street Line |
NO |
i. Holiday decorations without commercial advertising |
--------------------------- |
------------ |
Back of Street Line |
NO |
j. Directional (see section 634 herein) |
6 sq. ft. |
2 |
Back of Street Line |
YES |
k. Temporary signs for tag sales (to be removed 48 hours after sale) |
6 sq. ft. |
2 per lot |
Back of Street Line |
NO |
l. Farm Product Sign |
16 sq. ft. |
3 per lot |
Back of Street Line |
NO |
m. Open or decorative flag for a commercial use |
SEE SECTION |
634 |
--------------- > |
|
n. Exceptions |
SEE SECTION |
636 & |
637 -------- > |
|
|
|
|
|
|
VI-14
637: CHANGED NON-CONFORMING BUSINESS USE:
Where a Special Permit for change of a business use in a Residential Zone has been approved by the Commission under the provision of Section 240.5 herein, new signs may be displayed or installed only if all requirements of Section 633 herein (Signs in Town Center Zone) are met, and a Zoning Permit as prescribed in Section 633.4 herein has been issued.
SECTION 640: OFF-STREET PARKING AND LOADING:
641: PARKING:
641.1: All premises hereafter developed shall have a parking area covered by an all-weather surface off the street right-of-way.
641.2: All required parking spaces shall be located on the same lot as the building served.
641.3: Each parking space shall be at least nine by twenty feet and shall have adequate maneuvering area and unimpeded access to a street.
641.4: Parking spaces shall be provided according to the following minimums:
641.4a: Single-family residence: Two parking spaces; a driveway 50 feet or more in length shall be deemed sufficient to satisfy this requirement.
641.4b: Accessory apartment: Two parking spaces in addition to the two parking spaces required for the primary residence.
641.4c: Home Occupation: As specified in Section 551.
641.4d: Professional Office: As specified in Section 552.
641.4e: Room and Board or Bed and Breakfast Establishment: As specified in Section 553.
641.4f: Retail Store or Personal Services Establishment: One parking space for every 100 square feet of business floor area, exclusive of storage space.
641.4g: Rental Apartment: Two spaces for each dwelling unit.
641.4h: Restaurant or other eating place: One parking space for every four seats.
641.4i: Houses of Worship, Lodges, and places of public assembly: One space for every five seats.
642: LOADING:
On any lot developed for business or institutional use there shall be adequate space suitably located on the lot for the loading and unloading of goods and materials. In determining the adequacy and suitability of location, the Commission shall consider the nature of the use, volume of vehicular and pedestrian traffic and the location of the principal building in relation to the street.
VI-15
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