HomeMy WebLinkAbout20-55P Johnstone Text AmendmentPage 7-14
.ARTICLE 7 - SPECIAL REGULATIONS SOUTH WINDSOR PLANNING DEPT.
Section 7.11 Home Occupations
7.11.1 Purpose
The conduct of business in residential units may be beneficial under certain conditions. It is the intent of
this section to:
I. Ensure the home occupation is clearly secondary to the use of the building for dwelling
purposes.
2. Ensure the compatibility of home occupations with other permitted uses in the residential
districts.
3. Maintain and preserve the residential character of the dwelling and the residential character of
the neighborhood.
4. Guarantee to all residents freedom from excessive noise, excessive traffic, nuisances, fire
hazards, offensive odors and pollutahts, and other possible effects of commercial uses being
conducted in residential areas.
7.11.2 Zones Permitted
A. Minor home occupations are permitted in all single-family residential zones by right; and in the Multi-
Family and Designed Residence Zones at the discretion of their respective Homeowners' Association.
A letter from the association will be required at the time of application.
B. Major home occupations are allowed in single-family zones upon approval by the Commission. Upon
approval, permits will be issued for up to a 5-year period and just be renewed at the expiration of the
allowed period. Major home occupations are not permitted in multifamily zones or developments, or in
Designed Residence zones.
7.11.3 Performance Criteria
A. Performance criteria for minor home occupations:
1. No more that 25% of the dwelling unit floor area shall be used in connection with the home
occupation. Floor area of a dwelling unit, in this case, shall include the floor of all heated and
ventilated and thereby habitable rooms and areas within the dwelling unit including basements and
habitable space.
2. The home occupation shall be carried on wholly within the principal building. The activity inside
cannot be visible from the outside (e.g., big windows, glass doors, etc.).
3. No retail sales are allowed. No wholesale/mail-order sales are allowed that generate additional truck
deliveries except for parcel services such as UPS or FedEx.
4. Only 1 business-associated van/pick-up is allowed; outdoor storage/parking of the business vehicle
is prohibited.
5. All appropriate State and Federal licenses and permits shall be obtained by the owner/operator.
6. Dwelling must retain the character of a single-family dwelling.
7. No storage of hazardous materials, other than normal household material, allowed.
8. No entrance or exit in the dwelling or on the premises shall be added solely for the conduct of the
home occupation.
9. The home occupation cannot cause interference with radio or television reception in the vicinity.
10. Articles not made on the premises shall not be sold on the premises.
Page 7-15
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ARTICLE 7- SPECIAL REGULATIONS'
B.Performance criteria for major home occupations include all criteria for minor home occupations
enumerated above as well as:
1.No more than 1 major home occupation shall be permitted within any single dwelling unit.
2.Major home occupations can request use of accessory buildings, provided that there is no
appearance of commercial activity, and is subject to Commission approval.
3.No more than 1 employee not residing in the dwelling shall be employed in the performance of the
occupation.
4.No home occupation or any storage of goods, materials, or products connected with a home
occupation shall be allowed in garages, attached or detached unless there is still adequate space for
the storage of 1 vehicle. Also, there shall be no outdoor storage of material.
5.The home occupation cannot create a volume of passenger or commercial traffic that is inconsistent
with the normal level of traffic on the street on which the dwelling is located. No truck deliveries are
allowed in connection with the home occupation except for parcel services such as UPS and FedEx.
6.All parking needs must be met on-site. Any parking in excess of customary residential parking ma_y
be required to be screened from the street and from adjacent residential property by either:
a.Fencing of a type typically used in residential areas such as stockade fencing, not slatted
chain-link fencing; or
b.Evergreen plantings of sufficient height and spacing to establish an adequate screen.
7.No external effects that are incompatible with the character of residential zones are allowed
(for example, increased noise, excessive lighting, and offensive odors).
8.Provision shall be made for separate collection of business generated refuse and recyclables.
9.When connected to a public sewer, approval of the WPCA shall be obtained prior to initiating the
home occupation.
10.Businesses that are prohibited include on-premises serving of food and/or beverages; overnight
treatment of patients; overnight boarding of animals; landscaping contractor businesses; and similar
uses.
11.Where the criteria in the above list are less restrictive than the criteria enumerated for minor home
occupations, the less restrictive criteria shall apply to major home occupations.
12.At least 50% of articles offered for sale on the premises must be made on the premises.
7.11.4 Procedure
A.Minor Home Occupation
The following shall be submitted to the Zoning Enforcement Officer for a Zoning Permit:
1.A detailed statement describing all pertinent aspects for the proposed activity and acknowledging
the requirements of this Section: (It should be noted that additional information is required by the
Town's Tax Assessor's Office and may be required by the Town Clerk's Office.)
2.An accurately drawn plot plan depicting property lines, structure locations, access drive(s), existing
and proposed parking spaces with screening, and any other pertinent features;
3.An accurately drawn floor plan depicting the area to be utilized by the home occupation;
4.Architectural elevations for any additions being proposed; and
5.Sign design, if any. See Section 6.5.7 Residential Sign Requirements.
ARTICLE 7 - SPECIAL REGULATIONS
B. Major Home Occupation
A. Application for 5-year permit shall be made to the Commission and notification of abutters in accordance with
Section 8.2.C. A public hearing may be required by the Planning and Zoning Commission. Renewals may be
granted by the Commission. At the time of renewal, a sign must be posted per section 8.2.B and a public
hearing may be required. The application for home occupation approval shall contain ·the same items and
information required for a minor home occupation.
C. Permit Duration
1. Each Certificate of Zoning Compliance for a minor home occupation shall be valid for the duration
of the applicant's residence and shall automatically terminate when the applicant no longer resides
in the dwelling unit. Commission approval for major home occupations shall be valid for up to 5
years as specified by the Commission, except that approval shall automatically terminate when the
applicant no longer resides in the dwelling unit.
2. The Commission may revoke any minor or major home occupation permit for noncompliance with
permit requirements and conditions.
Approved: 5/28/13
Effective: 6/3/13
PLANNING DEPARMENT
IN—HOUSE REFERRAL FORM
DATE:10/1 5/20
TO:Michael Maniscalco,Walter Summers,Jeff Doolittle,Ray Favreau
Chris Dougan,Heather Oatis,Kevin Cooney,Tony Manfre,
John Caldwell,Andrea Confrancesco,Chlis Duchesne,Vincent Stetson
FROM:Michele Lipe)AICP,Director of Planning
The Planning &Engineering Departments have received plans for the following projects:
Appl 20-55P,Johnstone Text Amendment
Location:
Future Town-owned property involved?D Yes D NO
D new street(s)a new detention area
D new open space/recreation area D active Dpassive
Flaming Department notes:
Please comment by 10-27-20 and retum to the Planning Department.
%Site Plan B Subdivision No.Acres Zone
D Industrial E Commercial D Residential No.Lots/Units
Water:D Public D Private Well Sewerage:B Public D Septic System
Add sales of products made off site (up to 50%)part of Major home
Project Description:occupation
ZONING REFERRAL FORM CAPITUL REGIONCOUNCILDFGDVERIVMENTS
BV LAW,THE ZONING COMMISSION SHALL GIVE WRITTEN NOTICE OF ITS PROPOSAL TO THE REGIONAL COUNCIL OF GOVERNMENTS
NOT LATER THAN THIRTV DAYS BEFORE THE PUBLIC HEARING TO BE HELD IN RELATION TO THE SUBJECT SUBDIVISION
NOTICE SHALL BE MADE EV CERTIFIED MAIL,RETURN RECEIPT REQUESTED OR EV EMAIL TO zoningref@crcogtorg.
CRCOGv2017
Andover lAvon i Berlin /Bloomheld/Bolton I Canton l Columbia I Coventry i East Granby l East Hartford /East Windsor/Ellington I Enteld /FarmingtonGlastonburyIGranbyIHartfordlHebron/Manchester /Mansheld l Marlborough /New Britain l Newington I Plainville I Rocky HIII I Simshury ISomersSouthVWndsorISouthingtonIStaffordISufheldITollandIVernonIWestHartfordIWethersheld/\Mllington I VWndsor I Windsor Locks
A voluntary Council of Govemments fanned Io initiate and implement regional programs of benefit [o the towns and the region
FOR:NOTlFlCATl0N OF REFERRALS BY ZONING COMMISSIONS
Please fill in,save a copy for yaur records and send with appropriate attachments by certified mail or electronically to:
zuningrefQcrcog.org
FROM:D Zoning CommissionmPlanningandZoning Commission
DCity or Town Council (acting as Zoning Commission)
Municipalitv:South Wlndsor
TO:Capitol Region Council of Governments
Policy Development &Planning Department
241 Main Street
Hartford,CT 06106
Date of Referral:10/1 6/2020
Pursuant to the provisions ofSection 8-3b of the General Statutes ofConnecticut,as amended,thefollowing
proposed zoning amendment is referred to the Capitol Region Council of Governmentsfor comment:
NATURE OF PROPOSED CHANGE:
D Adoption of amendment of ZONING MAP for any area
within 500 feet of another Capitol Region Municipality.
Attach map showing proposed change.
Adomion or amer‘dment 0f ZONIN.G aREGULATIONSapplyingtoany10neWithin 500
feet of another Capitol Region Municipality.
Attach copy of proposed change in regulations.
THE CHANGE WAS REQUESTED BY:D Municipal Agency:
Petition
DATE PUBLIC HEARING IS SCHEDULED FOR:11/24/2020
MATERIAL SUBMI'ITED HEREWITH:
Regulation Changes E Map of Change D Supporting Statements
D Public Notice D Other (Specify):
HAS THIS REFERRAL BEEN SUBMITI'ED PREVIOUSLY TO CRCOG?D YES E No.IF YES,ON WHAT DATE:
(FOR USE BY CRCOG)Name:Michele M.Lipe,AICP
Title:Director of Planning
Address;1540 Sullivan Avenue
South Windsor,CT 06074
Phone:860—644-2511 Ext 252
Ema“:michele.|ipe@southwindsor.org
Date Received:
Sent certified/e—mail?
File Number
241 Main Street / Hartford / Connecticut / 06106
Phone (860) 522-2217 / Fax (860) 724-1274
www.crcog.org
Andover / Avon / Berlin / Bloomfield / Bolton / Canton / Columbia / Coventry / East Granby / East Hartford / East Windsor / Ellington / Enfield / Farmington /
Glastonbury / Granby / Hartford / Hebron / Manchester / Mansfield / Marlborough / New Britain / Newington / Plainville / Rocky Hill / Simsbury / Somers / South
Windsor / Southington / Stafford / Suffield / Tolland / Vernon / West Hartford / Wethersfield / Willington / Windsor / Windsor Locks
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
November 20, 2020
TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION
REPORT ON ZONING REFERRAL Z-2020-82: Proposed zoning amendment pertaining to home
occupations and related requirement regarding product made on the premises.
COMMISSIONERS: Receipt is acknowledged of the above-mentioned referral. Notice of this proposal
was transmitted to the Policy and Planning Division of the Capitol Region Council of Governments under
the provisions of Section 8-3b of the Connecticut General Statutes, as amended.
COMMENT: The staff of the Regional Planning Commission of the Capitol Region Council of
Governments has reviewed this zoning referral and finds no apparent conflict with regional plans and
policies or the concerns of neighboring towns.
The public hearing date has been scheduled for 11/24/2020.
In accordance with our procedures this letter will constitute final CRCOG action on this referral.
Questions concerning this referral should be directed to Caitlin Palmer.
DISTRIBUTION: Planner: Hartford, Windsor, East Windsor, Ellington, Vernon, Manchester, East
Hartford
Respectfully submitted,
Jennifer Bartiss-Earley, Chairman
Regional Planning Commission
Brendan Malone, Vice Chairman
Regional Planning Commission
Caitlin Palmer
Senior Community Development Planner
AcTive Major Home Occupofion PermiTs
AEp#Pro‘ecfI Name Addre;i PZC Approval Ex iraiion Notes
15-51 P Doggone Beoufifu!1162 Ellington Rood 10/29/1 5 10/27/20 second notice sem‘
16-46P Poscheffo MHO 89 Glenwood Rood 9/1 5/1 6 9/1 6/21
18—04 Mi1es Joseph Studios 1325 SUHiVdn Ave 3/27/1 8 3/27/23
18—07 Hoir Studio 549 549 El1ington Rood 3/27/1 8 3/27/23
18-24P SW Wellness Center 88 Nevers Rood 6/12/1 8 5/14/23
18-34 Goodwin Youth &Fomily Counseling LLC 151 2 Moin Street 7/10/18 7/10/23
18—51 P Pleosont Volley Londscoping 44 West Rood 10/23/1 8 10/23/23
18—65P Morris Pet Grooming 86 Juniper Lone 1/1 4/1 4 1/8/24
18-66P Colovecohio Hoir by Dione 331 Smith Street 1/1 4/1 4 1/8/24
19-O9P Your Hoir MHO 643 Pleosont Volley Rood 2/26/19 2/26/24
19-33P Bert &Co Beouty Solon 1876 Moin Street 7/9/19 7/9/24
20—1 OP Nowok Fomily Chiroproctic 146 Ooklond Rood 3/1 0/20 3/10/25
20-14P Cholikondo MHO 85 High Ridge Rood 3/1 0/20 3/1 0/22 pork on drive only
15—50P Chrissy's Hoir Studio 1483 Ellington Rood 10/27/20 10/27/25
,.....,
oQwQE9%:+
Section 7.1]Home Occupations
7.1 1.1 Purpose
The conduct of business in residential units may be beneficial under certain conditions.It is the intent
ofthis section to:
1.Ensure the home occupation is clearly secondaiy to the use of the building for dwelling
purposes.
2.Ensure the compatibility of home occupations with other permitted uses in the residential
districts.
3.Maintain and preserve the residential character ofthe dwelling and the residential Character of
the neighborhood.
Guarantee to all residents freedom from excessive noise,excessive traffic,nuisances,fire
hazards,offensive odors and pollutants,and other possible effects of commercial uses being
conducted in residential areas.
7‘11.2 Zones Permitted
Minor home occupations are permitted in all single—family residential zones by right;and in the
Multifamily Zone at the discretion of their respective l-lomeowners’Association.A letter from the
association will be required at the time of application
Major home occupations are allowed in single—family zones upon approval by the Commission.
Upon approval,permits will be issued for up to a 5-year period and must be renewed at the expiration
of the allowed period.Major home occupations are not permitted in multifamily zones or
developments.
7.1 1.3 Performance Criteria
A.Performance criteria for minor home occupations:
l.No more than 25%of the dwelling unit floor area shall be used in connection with the home
occupation.Floor area ofa dwelling unit,in this case,shall include the floor of all heated and
ventilated and thereby habitable rooms and areas within the dwelling unit including basements
and habitable space.The home occupation shall be carried on wholly within the principal
building.The activity inside cannot be visible from the outside (e.g.,big windows,glass doors,
etc).
2.No retail sales are allowed.No wholesale/mail—order sales are allowed that generate additional
truck deliveries except for parcel services such as UPS or FedEx.
bJ Only l business—associated van/pickup truck is allowed;outdoor storage/parking ofthe
business vehicle is prohibited.
4.All appropriate State and Federal licenses and permits shall be obtained by the owner/operator.
5.Dwelling must retain the character ofa single»family dwelling.
6.No storage ofhazardous materials,other than normal household materials,allowed.
.
NO entrance or exit in the dxxelling or on the premises shall be added solely for the conduct of
the home occupation.
8.The home occupation cannot cause interference with radio or television reception in the Vicinityi
9.Articles not made on the premises shall not be sold on the premises
B.Performance criteria for major home occupations include all criteria for minor home occupations
enumerated above as well as:
l.No more than l major home occupation shall be permitted within any single dwelling unit.
2.Major home occupations can request use ofaccessory buildings,provided that there is no
appearance of commercial activity,and is subject to Commission approval.
k»No more than l employee not residing in the dwelling shall be employed in the performance of
the occupation.
No home occupation or any storage of goods,materials,or products connected with a home
occupation shall be allowed in garages,attached or detached unless there is still adequate space
for the storage ofone vehicle Also,there shall be no outdoor storage of material.
The home occupation cannot create a volume of passenger or commercial traffic that is
inconsistent with the normal level oftrafflc on the street on which the dwelling is located.No
truck de-liveries are allowed in connection with the home occupation except for parcel services
such as UPS and FedEx,
All parking needs must be met on-site.Any parking in excess of customary residential parkingmayberequiredtobescreenedfromthestreetandfromadjacentresidentialpropertybyeither:
a.Fencing ofa type typically used in residential areas such as Stockade fencing,not slatted
chain~link fencing:or
b.Evergreen plantings of sufficient height and spacing to establish an adequate screen.
No external effects that are incompatible with the character ofresidential zones are allowed
(for example,increased noise,excessive lighting,and offensive odors).
Provision shall be made for separate collection of business generated refuse and recyclables.
When connected to a public sewer,approval ofthe WPCA shall be obtained prior to initiating
the home occupation.
10.Businesses that are prohibited include on—premises serving of food and/or beverages;overnight
treatment of patients;overnight boarding of animals;landscaping contractor businesses;and
similar uses.
.Home occupations offering articles made on the premises for sale are permitted to enhance their
offering with product made off-site,provided a minimum of50%ofthe product offered is made
on—site.Maximum retail area allowed for this type of home occupation is 1,000 sf (regardless of
size of existing house/accessory building).
.Where the criteria in the above list are less restrictive than the criteria enumerated for minor
home occupations,the less restrictive criteria shall apply to major home occupations.
13.Incidental sales of product associated with a major home occupation is permitted.
7.11.4 Procedure
A.Minor Home Occupation
The following shall be submitted to the Zoning Enforcement Officer for a Zoning Permit:
ll A detailed statement describing all pertinent aspects ofthe proposed activity and acknowledging
the requirements ofthis Section;(It should be noted that additional information is required by
the Town’s Tax Assessor’s Office and may be required by the Town Clerk’s Officer)
An accurately drawn plot plan depicting property lines,structure locations,access drive(s),
existing and proposed parking spaces with screening and any other pertinent features;
An accurately drawn floor plan depicting the area to be utilized by the home occupation:
Architectural elevations for any additions being proposed;and
5.Sign design,if any.See Section 6.5.7 Residential Sign Requirements.
B.Major Home Occupation
Application for 5-year permit shall be made to the Commission and notification ofabutters in accordance
with Section 8.2.C.A narrative of the proposed occupation and proposed hours of operation shall be
submitted.Hours of operation are subject to Commission approval.A public hearing may be required
by the Planning and Zoning Commission Renewals may be granted by the Commission and hours of
operation reviewed.At time ofrenewal,a sign must be posted per Section 8.2.B and a public hearing
may be required.The application for home occupation approval shall contain the same items and
information required for a minor home occupation.
C.Permit Duration
l.Each Certificate ofZoning Compliance for a minor home occupation shall be valid for the dura-
tion ofthe applicant’s residence and shall automatically terminate when the applicant no longer
resides in the dwelling unit.Commission approval for major home occupations shall be valid for
up to 5 years as specified by the Commission,except that approval shall automatically terminate
when the applicant no longer resides in the dwelling unit.
The Commission may revoke any minor or major home occupation permit for noncompliance
with permit requirements and conditions.
b)
Applicant proposal 10/14/20;
Staff Revisions based on 12/8/20 public hearing Commission comments