9.4 Special Permit Application

9.4.A Applicability

  • A Special Permit application shall be submitted for any activity designated in the Regulations as requiring Special Permit approval.
  • Notwithstanding the above, a Special Permit shall not be required for interior renovations and modifications for space within a structure previously approved by the Commission as a Special Permit, provided that:
    • The City Planner finds that the proposed use is substantially similar to what was previously approved by Special Permit;
    • There are no exterior alterations to the structure or the site;
    • There is no additional requirement for parking under Section 7.1 of these Regulations.

9.4.B Submission Requirements

  • A Special Permit application, in accordance with the requirements as specified in these Regulations, shall be submitted to the Commission or agent and shall include a completed application form and the appropriate fee.
  • Each application for a Special Permit shall be accompanied by a Site Plan application, as specified in Section 9.3, unless the City Planner finds that there are no physical changes proposed to the site or any building or structure and the submission of a Site Plan application is not necessary for the Commission to evaluate the proposal.
  • The Special Permit application, Site Plan application, if applicable, and accompanying plans shall be submitted to the City Planner three weeks prior to any regularly scheduled meeting of the Commission.
  • In addition to paper copies of the application a PDF of the initial application and all subsequent revisions and supplemental materials shall be provided.
  • Each application for a Special Permit shall be accompanied by a written statement describing the proposed use in sufficient detail to permit the Commission to determine whether the proposed use complies with these Regulations.
  • The Commission shall not be required to hear an application relating to the same request or substantially the same request, more than twice in a twelve-month period.
  • Notwithstanding the basic submission requirements, the Commission may require the submission of such additional information as the Commission deems necessary to determine compliance of the proposed use with these Regulations.

9.4.C Proceedings

  • The date of receipt of the Special Permit application shall be determined in accordance with Section 9.9.B.
  • An incomplete Special Permit application may be denied in accordance with Section 9.9.C.
  • If a Special Permit application involves an activity regulated pursuant to CGS Section 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands Commission not later than the day such application is filed with the Commission.
  • The Commission shall hold a public hearing on the Special Permit application and:
    • Publish a legal notice in accordance with the requirements of Section 9.9.F of these Regulations;
    • Require that the applicant give notice to property owners in accordance with the requirements of Section 9.9.G of these Regulations; and
    • Require that the applicant post a sign on the property in accordance with the requirements of Section 9.9.H of these Regulations.
  • Notification by the Commission may be required to:
    • Adjoining municipalities in accordance with the requirements of Section 9.9.I.
    • Water companies in accordance with the requirements of Section 9.9.J.
    • The Department of Energy and Environmental Protection (DEEP) in accordance with the requirements of Section 9.9.K.
  • Unless otherwise provided in CGS Section 8-7d, the Commission shall process the Special Permit as follows:
    • The public hearing shall commence within sixty-five (65) days after receipt of the application;
    • The public hearing shall be completed within thirty-five (35) days after such hearing commences;
    • All decisions shall be rendered within sixty-five (65) days after completion of such hearing; and
    • The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than sixty-five (65) days.
  • Notwithstanding the provisions of this Section, if an application involves an activity regulated pursuant to CGS Section 22a-36 to 22a-45, inclusive, and the time for a decision by the Commission would elapse prior to the thirty-fifth day after a decision by the Inland Wetlands Commission, the time period for a decision shall be extended to thirty-five (35) days after the decision of such agency.
  • The applicant may, at any time prior to action by the Commission, withdraw such application.

9.4.D Special Permit Criteria

In considering an application for a Special Permit, the Commission shall evaluate the application with respect to the following factors, except that the Commission may determine that some factors may not be applicable to certain types of applications:

Zoning Purposes

Whether the proposed use or activity is consistent with the purposes of the Regulations.

Environmental Protection and Conservation

Whether appropriate consideration has been given to the protection, preservation, and/or enhancement of natural, scenic, historic, or unique resources including, where appropriate, the use of conservation restrictions to protect and permanently preserve natural, scenic, historic, or unique features which enhance the character and environment of the area.

Overall Neighborhood Compatibility

Whether the proposed use will have a detrimental effect on neighboring properties or the development of the district.

Suitable Location For Use

Whether the nature and intensity of the operations involved with the use or resulting from the proposed use and the location of the site are such that the use will be in harmony with the appropriate and orderly development in the district in which it is located.

Appropriate Improvements

Whether design elements of the proposed development (such as location, type, size and height of buildings and other structures, parking, access, landscaping, screening, lighting, signage, etc.) will be suitable in relation to the site characteristics, the style of other buildings in the immediate area, and the existing and desirable future character of the neighborhood in which the use is located.

Suitable Transportation Conditions

Whether the streets and other rights-of-way are or will be of such size, condition and capacity (width, grade, alignment and visibility) to adequately accommodate the traffic to be generated by the particular proposed use and not create traffic problems.

Adequate Public Utilities & Services

Whether the provisions for water supply, sewage disposal, storm water drainage, and emergency access conform to accepted engineering practices, comply with all standards of the appropriate regulatory authorities, and will not unduly burden the capacity of such facilities.

Long Term Viability

Whether adequate provision has been made for the sustained maintenance of the proposed development (structures, streets, and other improvements).

Nuisance Avoidance

Whether the use, configuration, design and/or hours of operation are appropriate in order to control noise, light, odors, parking visibility, unsightly appearance, erosion, water contamination and storm-water runoff on the site and in relation to the surrounding area.

Plan of Conservation & Development

Whether the proposed use or activity is in accordance with or facilitates achievement of one or more of the goals, objectives, policies, and recommendations of the Plan of Conservation and Development, as amended.

Mitigation

Whether adequate provisions have been made to moderate or mitigate neighborhood impacts by limiting the intensity of use of the property (including, without limitation, such considerations as the area devoted to the use, the number of people involved in the use, the number of events or activities proposed, the hours of operation, etc.) or by modifying the location or configuration of the proposed use.

9.4.E Decision Considerations

  • Special Permit uses are declared to possess such special characteristics that each shall be considered on an individual basis subject to the standards and requirements of these Regulations.
  • The applicant shall bear the burden of demonstrating that the applicable Special Permit criteria in Section 9.4.D of these Regulations are addressed.
  • Before the Commission approves a Special Permit application, it shall determine that the application:
    • Has, in the sole discretion of the Commission, satisfied the applicable Special Permit criteria in Section 9.4.D of these Regulations; and
    • Is in conformance with other applicable provisions of these Regulations; and
    • Is in harmony with the purposes and intent of these Regulations.
  • For a Special Permit application involving an activity regulated pursuant to CGS Section 22a-36 to 22a-45, inclusive, the Commission shall:
    • Wait to render its decision until the Inland Wetlands Commission has submitted a report with its final decision; and
    • Give due consideration to any report of the Inland Wetlands Commission when making its decision.
  • On a Special Permit application involving notice to adjoining municipalities under Section 9.9.I or notice to water companies under Section 9.9.J or notice to DEEP under Section 9.9.K, the Commission shall give due consideration to any report or testimony received.
  • On a Special Permit application involving new construction or remodeling of the exterior of a building within an area designated within these Regulations as a "village district" in accordance with CGS Section 8-2j (such as the Waterfront Business Residence District or the Five Corners District), the Commission shall give due consideration to any report or testimony received from the village district consultant.
  • In granting a Special Permit, the Commission may determine whether and to what extent permitted uses may be undertaken and stipulate such conditions as are reasonable and necessary to:
    • Protect or promote the public health, safety or welfare;
    • Protect or promote public convenience or property values; or
    • Enhance overall neighborhood compatibility.
  • A Special Permit and any condition attached to the granting of a Special Permit shall:
    • Remain with the property as long as the Special Permit use is in operation; and
    • Continue in force and effect regardless of any change in ownership of the property.
  • The Commission shall not approve any Special Permit for any property on which there exists a zoning violation, unless such Special Permit application will remedy such violation.

9.4.F Action Documentation

  • The Planning and Zoning Commission shall approve, disapprove or approve with conditions the proposed Special Permit.
  • Whenever it acts on a Special Permit application, the Commission shall state upon its record the reason(s) for its decision.
  • In granting a Special Permit, the Commission may attach such conditions and safeguards as may be required to protect the public health, safety and general welfare and to ensure continued compliance with these Regulations. Such conditions and safeguards may include, but shall not be limited to:
    • A maximum number of employees.
    • Hours of operation.
    • Periodic review and renewal of the Special Permit by the Commission to determine continuing compliance therewith.
    • Conservation restrictions necessary to protect and permanently preserve unique natural site features.
    • Soil erosion and sediment control measures in accordance with the provisions of Section 7.8.C.10.
    • A bond in accordance with the provisions of Section 9.9.L.
  • Whenever it acts on a Special Permit application, the Commission may:
    • Establish a condition that commencement of the use or construction begin within a certain time frame.
    • Require a performance guaranty in accordance with Section 9.9.L of these Regulations in an amount and in a form satisfactory to the Commission, based upon a cost estimate of improvements provided by the applicant, to ensure satisfactory completion of site improvements other than buildings.
  • Any decision to grant a Special Permit shall:
    • State the name of the owner of record;
    • Contain a description of the premises to which it relates;
    • Identify the Section and/or Section of the Regulations under which the Special Permit was granted; and
    • Specify the nature of the Special Permit; and
    • State the conditions of approval, if any.
  • The Commission shall send, by certified mail, a copy of any decision on a Special Permit application to the applicant within fifteen (15) days after such decision is rendered.
  • The Commission shall cause notice of the approval or denial of the Special Permit application to be published within fifteen (15) days after such decision is rendered in a newspaper having a substantial circulation in Groton.
  • In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within ten days thereafter.

9.4.G Following Approval

  • A Special Permit granted by the Commission shall become effective only upon the filing of a copy, certified by the Commission, in the land records of the Town of Groton, in accordance with the provisions of CGS Section 8-3d.
    • A Special Permit shall expire if the Special Permit approval is not filed in the Town of Groton's land records within 1 (one) year after approval.
    • A Special Permit shall expire if the Site Plan associated therewith is not submitted and approved within 12 months following approval of the Special Permit. However, an extension of not more than six months may be granted by the Commission upon written request by the applicant prior to the expiration date.
  • A Special Permit shall authorize only the particular use or uses specified in the Commission's approval.
  • Failure to strictly adhere to the documents, plans, terms, conditions and/or safeguards approved by the Commission or its staff shall be a violation of these Regulations. The Zoning and Building Official shall notify the applicant in writing of the specifics of the non‑compliance and shall provide a reasonable time period for compliance therewith. Unless there is full compliance within such time period, the Commission may, following a duly advertised public hearing, rescind and revoke such Special Permit.
  • An approved Special Permit may be amended or modified, provided that application shall be made in the same manner as the original application and subject to the same procedures for approval.
    • Amendments to the Special Permit found to be of a minor nature or which would not substantially alter the Special Permit as determined by the City Planner may be approved by the Commission without another public hearing.
    • Amendments to the Special Permit which would substantially alter the Special Permit or increase the existing building coverage or gross floor area of the use by 10% or more may be approved by the Commission only after a public hearing.
  • The Special Permit uses as set forth in these Regulations are deemed to be permitted uses in their respective districts when granted by the Commission, subject to compliance with the requirements and standards set forth in this Section in addition to all other requirements of these Regulations.
  • Unless otherwise established by the Commission, a Special Permit, along with any conditions and safeguards attached thereto, shall remain with the property as long as the use allowed by the Special Permit remains in operation. Such conditions and safeguards shall continue in force regardless of any change in ownership of the property.