Permitted use subject to issuance of a building and/or zoning permit and subject to
§ 177-42A.
Applications for required permits shall be reviewed and acted upon as follows:
A. Special use permit.
(1) All special permit uses, identified as such in §
177-6B and
C, are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case. Special permit uses shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth therein, in addition to all other requirements of this chapter.
(2) The Town Planner shall refer applications for special use permits to the Planning Commission, which shall hold a public hearing and render a decision within the time periods set forth in C.G.S. § 8-7d, as that section may be amended or recodified from time to time. The Commission shall give notice prior to the date of the hearing by advertisement in a newspaper as required by state statute and by sending by mail a copy of such notice to the applicant and to the owners of all property adjoining the property which is the subject of such an application.
(3) The applicant shall post a sign giving notice of his or her application in a conspicuous place on the property for which a special use permit approval is sought, visible from a public street. Said sign shall be posted seven days before the date of the hearing, shall remain in place until the public hearing and shall be removed not later than three days after the public hearing.
(4) An applicant may request preliminary approval for a special use permit. In this case, the Planning Commission shall make a finding according to Subsection
A(5)(a) only. The applicant shall be required to submit only such material as the Commission deems necessary to consider the application for preliminary approval. The procedure for preliminary approval shall be the same as the procedure for approval for a special use permit, except that Subsection
A(6) shall not apply.
(5) Findings of the Planning Commission.
(a) The Planning Commission shall make a finding that each of the following standards is met and, where necessary, shall attach specific conditions to its approval of the special use permit if, in its opinion, such conditions are essential to making the finding that:
[1] The location and size of the use, the nature and intensity of the operations connected with it, the size of the lot in relation to it and the location of the lot with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
[2] The kind, location and height of all structures and the nature and extent of the landscaping on the lot are such that the use will not hinder or discourage the appropriate development and use of adjacent properties.
[3] The parking, loading, trash and recycling facilities are adequate and properly located for the proposed use, and the entrance and exit driveways shall be laid out so as to achieve maximum safety.
(b) Where the applicant has requested that a special use permit be issued in connection with uses which are temporary in duration, or should the use requested be temporary in nature, the Planning Commission may take the proposed duration of the permit into consideration in determining whether the findings listed above can reasonably be made. Should the Commission vote to approve the application, it shall specifically grant any such application for the time period requested by the applicant or consistent with the nature of the use requested.
(6) Where the Commission finds it to be necessary or appropriate to do so, it may require the submission of a suitable performance bond to assure satisfactory completion of necessary improvements.
(7) After the approval, the applicant shall submit to the Commission three black-and-white prints and one transparent print on permanent material of the plans as approved. The Commission shall file with the Town Planner one print of the approved plans with the approval noted thereon and a list of all conditions pertaining to the special use approval. One print of said plan and list shall be made available to the applicant.
(8) Hearing.
(a) In approving any special use permit, the Plan and Zoning Commission shall determine a date, not later than two years after the date of its approval, by which the applicant shall be required to appear at a hearing to report upon compliance with the conditions placed by the Commission upon its approval.
(b) At the time of that hearing, the Commission shall hear from the applicant, Town staff and the public with respect to compliance with the approval and with the conditions placed by the Commission when the permit was approved, as well as problems or concerns which have arisen as a result of the project or the approval.
(c) This hearing shall be noticed and conducted in accord with the provisions of Subsection
A(2) and
(3) of this section, the Charter of the Town of West Hartford and the laws of the State of Connecticut.
(d) As a result of this hearing, the Commission shall determine whether or not further conditions should be imposed upon its approval in order to satisfy its obligations pursuant to Subsection
A(5) of this section and, if it determines that such conditions are necessary, shall modify its approval accordingly. The Commission shall not have the power to revoke its permit as a result of this hearing but shall have the authority to direct the applicant and/or Town staff to take appropriate action to rectify any violations of its approval and conditions related thereto which are discovered during this review process.
(e) The Commission shall not be entitled to further review of any special use permit subsequent to this process unless the use of the property or structures on it changes such that an amendment to the permit is necessary or appropriate.
(9) Minor amendments.
(a) The Town Planner may approve the following minor amendments to a previously issued special use permit, without Town Plan and Zoning Commission approval, provided that the application is found to be consistent with the original findings of the Commission and the intent of the permit, subject to the following requirements and limitations:
[1] Accessory structures. The establishment or modification of an accessory structure which is incidental to the special use may be permitted, provided that the footprint does not exceed 250 square feet. This provision shall not apply to athletic field lighting.
[2] Additions to buildings. Expansions of buildings associated with the special use which are not accessory structures may be permitted up to a maximum of 500 square feet or 10% of the existing building square footage, whichever is less.
[3] Parking. The arrangement and the number of required parking spaces may be adjusted by up to five spaces or 10% of the required total, whichever is less.
[4] Limitation. The Town Planner may not adjust elements of a special use permit such that limitations in the underlying zone or applicable standards are exceeded by said adjustment.
(b) The Town Planner's approval of such minor amendment will not be effective until the day following the next regular meeting of the Commission (at which meeting said amendment approval shall appear on the Commission agenda), which meeting is at least 10 days following the Town Planner's notification of his or her decision of a minor amendment approval. The communication from the Town Planner shall state that the Town Plan and Zoning Commission may reject the approval. The Commission shall reject all applications for which a sign was not posted, in accordance with the requirements of §
177-46, at least seven days before the date of the Commission meeting.
(c) If rejected, an application for a minor amendment to a previously issued special use permit shall be made and acted upon using the same procedure as required for initial applications.
(d) The Town Planner may approve a specific application for a minor amendment pursuant to this section only once every six months, not including those instances in which the Town Plan and Zoning Commission reverses the Town Planner's decision.
