Zoning Regulations Master - [PDF Document] (2024)

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ZONING REGULATIONSAdopted

December 6, 2005

Amended and Restated September 23, 2014AmendedDecember 9, 2014

Amended & Restated April 14, 2015Effective April 29,2015

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TABLE OF CONTENTS

ARTICLE I. IN GENERAL.....................................................................................................................15ARTICLE II. ADMINISTRATION, ENFORCEMENT, AND PERMITS.............................................45ARTICLE III.DISTRICTS..........................................................................................................................60ARTICLEIV. PERMITTEDUSES...........................................................................................................105ARTICLE V. OFF-STREET PARKING AND OFF-STREET LOADING

PROVISIONS....................................................................................................................161ARTICLE VI. ACCESSORY USES.............................................................................................................171

ARTICLE VII. SIGNS AND OUTDOORADVERTISING.......................................................................177

ARTICLE VIII. PLANNED DEVELOPMENTS AND SPECIALDEVELOPMENT

DISTRICT...........................................................................................................................181ARTICLE IX. FENCES..............................................................................................................................190

ARTICLE X. LANDSCAPING................................................................................................................191

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DETAILED TABLE OF CONTENTS

ARTICLE I. IN GENERAL

Sec. 1. History and purpose; plan of conservation anddevelopment.Sec. 2. Definitions.Sec. 3. Conflictingregulations.Sec. 4. Construction begun prior to adoption ofregulations.Sec. 5. Covenants not annulled.Sec. 6. Permitteduses.Sec. 7. Permitted area, setbacks or lot coverage.Sec. 8.Permitted height, density, or bulk.

Sec. 9. Usable open space.Sec. 10. Lots, setbacks, and openspaces.Sec. 11. Projections into setbacks.Sec. 12. Porches.Sec. 13.Nonconforming lots.Sec. 14. Lot limitations.Sec. 15. Lot andbuilding frontage.Sec. 16. Floor area.Sec. 17. Dwellings in otherthan principal structure.Sec. 18. Dwellings in nonresidentialdistricts.Sec. 19. Trash receptacles.Sec. 20. Building grades.

Sec. 21. Restoration of unsafe buildings.Sec. 22. Buildings tobe moved.Sec. 23. Streets, alleys and railroad rights-of-way.Sec.24. Streets closings.Sec. 25. Street construction.Sec. 26.Visibility at intersections; curb cuts.Sec. 27. Reserved.Sec. 28.Stormwater management, drainage channels and floodplains.Sec. 29.Storage, dumping of waste, junk, garbage, etc.Sec. 30. Removal ofsoil, sand or other material.Sec. 31. Excavations or holes.Sec. 32.Airports.Sec. 33. Reserved.Sec. 34. Voting place.Sec. 35. Approvalof plats.Sec. 36. District boundary line.Sec. 37. Courts.Sec. 38.Setbacks on corner lots.Sec. 39. Location of parking and servicearea entrances and exits.Sec. 40. Nonconforming uses; nonconformingbuilding or structure.Sec. 41. Amendments to these regulations.Sec.42. Notice of proposed zoning district changes to capitol regioncouncil of governments.

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Sec. 43. Interpretation of regulations.Sec. 44.Separability.Sec. 45. Effective date.Sec. 46. Green roofs.Secs.47-65. Reserved.

ARTICLE II.ADMINISTRATION, ENFORCEMENT, ANDPERMITS

DIVISION 1. GENERALLYSec. 66. Department of developmentservices; zoning administrator.Sec. 67. Zoning enforcementofficer.Sec. 68. Application requirements.Sec. 69. Certificates ofzoning compliance.Sec. 70. Certificates of occupancy.Sec. 71.Amendments to, and completeness of, applications.Sec. 72.Amendments to issued permits and other approvals.Sec. 73.Timeline for completed work.Sec. 74. Special requirements formajor projects.Sec. 75. Fees.Sec. 76. Exercise ofstreet planning powers pursuant to Section 8-29 of the generalstatutes.Secs. 77-90. Reserved.

DIVISION 2. VIOLATION AND PENALTIESSec. 91. Inspection ofpremises; written order.Sec. 92. Abatement of violations.Sec. 93.Penalties; procedure when zoning regulations violated.Sec. 94.Criminal defense by interpretation of regulation in civilaction.Secs. 95-115. Reserved.

DIVISION 3. ZONING BOARD OF APPEALSSec. 116. Regular andalternate members.Sec. 117. Officers.

Sec. 118. Rules of procedure.Sec. 119. Meetings.Sec. 120.Minutes and findings.Sec. 121. Vote required.Sec. 122. Assistancefrom other officials.Sec. 123. Advisory opinion beforehearings.Sec. 124. Powers.Sec. 125. Appeals.Sec. 126.Applications.Sec. 127. Required information.Sec. 128. Stay ofproceedings.Sec. 129. Hearings.

Sec. 130. Posting of signs.Sec. 131. Decision of the zoningboard of appeals; extensions.Sec. 132. Agenda.Sec. 133.Reserved.Sec. 134. Opportunity to be heard before the ZBA.Sec. 135.Training for members of the zoning board of appeals.Secs. 136-145.Reserved.

DIVISION 4. ZONING PERMIT REVIEW.Sec. 146. Zoning permitreview.Sec. 147. Zoning permit review process.

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Sec. 148. Zoning permit review criteria.Secs. 149-162.Reserved.

DIVISION 5. SITE PLAN REVIEW.Sec. 163. Site plan review.Sec.164. Site plan review process.Sec. 165. Site plan reviewcriteria.Secs. 166-169. Reserved.

DIVISION 6. SPECIAL PERMIT REVIEW.Sec. 170. Special permitreview.Sec. 171. Special permit review process.Sec. 172. Specialpermit review criteria.Secs. 173-180. Reserved.

ARTICLE III. DISTRICTS

DIVISION 1. GENERALLYSec. 181. City divided into districts;number; map adopted; exceptions.Sec. 182. Summary schedule ofdistrict requirements.Secs. 183-200. Reserved.

DIVISION 2. I-1 INDUSTRIAL DISTRICTSec. 201. Purpose.Sec. 202.Uses permitted.Sec. 203. Permitted accessory uses.Sec. 204.Required parking and loading areas.Sec. 205. Required lotarea.Sec. 206. Permitted lot coverage.Sec. 207. Lot width.Sec. 208.Front setback.Sec. 209. Side setback.Sec. 210. Rear setback.Sec.211. Maximum height limit.

Sec. 212. Lots abutting upon a residential district.Secs.213-230. Reserved.

DIVISION 3. I-2 INDUSTRIAL DISTRICTSec. 231. Purpose.Sec. 232.Uses permitted.Sec. 233. Permitted accessory uses.Sec. 234.Required parking and loading areas.Sec. 235. Required lot area.Sec.236. Permitted lot coverage.Sec. 237. Lot width.Sec. 238. Frontsetback.Sec. 239. Side setback.

Sec. 240. Rear setback.Sec. 241. Maximum height limit.Sec. 242.Lots abutting upon a residential district.Sec. 243-260.Reserved.

DIVISION 4. C-1 COMMERCIAL DISTRICTSec. 261. Purpose.Sec.262. Uses permitted.Sec. 263. Permitted accessory uses.Sec. 264.Required parking and loading areas.Sec. 265. Required lot area.

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Sec. 266. Permitted lot coverage.Sec. 267. Lot width.Sec. 268.Front setback.Sec. 269. Side setbacks.Sec. 270. Rear setback.Sec.271. Maximum height limit.Sec. 272. Lots abutting upon aresidential district.

Sec. 273-291. Reserved.DIVISION 5. B-1 DOWNTOWN DEVELOPMENTDISTRICT

Sec. 292. Purpose.Sec. 293. Uses permitted.Sec. 294. Basicrequirements.Sec. 295. Bonus eligibility.Sec. 296. Schedule ofbonuses.Sec. 297. Procedures for standard projects.Sec. 298.Reserved.Sec. 299. Procedures for complex and bonus projects.Sec.300. Bonuses, continuing character of obligation.Secs. 301-321.Reserved.

DIVISION 6. B-2 DOWNTOWN DEVELOPMENT PERIMETER DISTRICTSec. 322.Purpose.Sec. 323. Uses permitted.Sec. 324. Permitted accessoryuses.Sec. 325. Required parking and loading areas.Sec. 326. Floorarea ratio.Sec. 327. Areas with no requirements.Sec. 328.Requirements of floor space per dwelling unit.Sec. 329. Frontsetback.Sec. 330. Maximum height limit.Sec. 331. Required usableopen space.Sec. 332. Reserved.Sec. 333. Procedures forprojects.

Sec. 334. Residential development; continuing character ofobligation.Secs. 335-355. Reserved.

DIVISION 7. B-3 LINEAR BUSINESS DISTRICTSec. 356. Purpose.Sec.357. Uses permitted.Sec. 358. Permitted accessory uses.Sec. 359.Required parking and loading areas.Sec. 360. Floor area ratio.Sec.361. Limitation of persons per acre.Sec. 362. Permitted lotcoverage.Sec. 363. Requirements of floor space per dwellingunit.Sec. 364. Required lot area.

Sec. 365. Lot width.Sec. 366. Front setback.Sec. 367. Sidesetback.Sec. 368. Rear setback.Sec. 369. Maximum height limit.Sec.370. Required usable open space.Secs. 371-390. Reserved.

DIVISION 8. B-4 NEIGHBORHOOD SHOPPING DISTRICTSec. 391.Purpose.Sec. 392. Uses permitted.

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Sec. 393. Permitted accessory uses.Sec. 394. Required parkingand loading areas.Sec. 395. Floor area ratio.Sec. 396. Limitationof persons per acre.Sec. 397. Permitted lot coverage.Sec. 398.Requirements of floor space per dwelling unit.Sec. 399. Requiredlot area.

Sec. 400. Lot width.Sec. 401. Front setback.Sec. 402. Sidesetback.Sec. 403. Rear setback.Sec. 404. Maximum height limit.Sec.405. Required usable open space.Secs. 406-425. Reserved.

DIVISION 9. RO-1 RESIDENTIAL-OFFICE DISTRICTSec. 426.Purpose.Sec. 427. Uses permitted.Sec. 428. Permitted accessoryuses.Sec. 429. Required parking and loading areas.Sec. 430. Floorarea ratio.Sec. 431. Limitations on persons per acre.Sec. 432.Permitted lot coverage.Sec. 433. Requirements for floor space perdwelling unit.Sec. 434. Required lot area.Sec. 435. Lot width.Sec.436. Front setback.Sec. 437. Side setback.Sec. 438. Rearsetback.Sec. 439. Maximum height limit.Sec. 440. Required usableopen space.Sec. 441. Reserved.Sec. 442. Procedures for majorprojects in the RO-1 district.

Secs. 443-460. Reserved.DIVISION 10. RO-2 RESIDENTIAL-OFFICEDISTRICT

Sec. 461. Purpose.Sec. 462. Uses permitted.Sec. 463. Permittedaccessory uses.Sec. 464. Required parking and loading areas.Sec.465. Floor area ratio.Sec. 466. Limitation on persons per acre.Sec.467. Permitted lot coverage.Sec. 468. Requirements for floor spaceper dwelling unit.Sec. 469. Required lot area.Sec. 470. Lotwidth.

Sec. 471. Front setback.Sec. 472. Side setback.Sec. 473. Rearsetback.Sec. 474. Maximum height limit.Sec. 475. Required usableopen space.

DIVISION 11. RO-3 RESIDENTIAL-OFFICE DISTRICTSec. 476.Purpose.Sec. 477. Uses permitted.Sec. 478. Permitted accessoryuses.Sec. 479. Required parking and loading areas.

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Sec. 480. Floor area ratio.Sec. 481. Limitations on persons peracre.Sec. 482. Permitted lot coverage.Sec. 483. Requirements forfloor space per dwelling unit.Sec. 484. Required lot area.Sec. 485.Lot width.Sec. 486. Front setback.

Sec. 487. Side setback.Sec. 488. Rear setback.Sec. 489. Maximumheight limit.Sec. 490. Required usable open space.Secs. 491-495.Reserved.

DIVISION 12. R-1 HIGH DENSITY RESIDENTIAL DISTRICTSec. 496.Purpose.Sec. 497. Uses permitted.Sec. 498. Permitted accessoryuses.Sec. 499. Required parking and loading areas.Sec. 500.Limitations on persons per acre.Sec. 501. Permitted lotcoverage.Sec. 502. Requirements for floor space per dwellingunit.Sec. 503. Required lot area.Sec. 504. Lot width.Sec. 505.Front setback.Sec. 506. Side setback.Sec. 507. Rear setback.Sec.508. Maximum height limit.Sec. 509. Required usable openspace.Secs. 510-530. Reserved.

DIVISION 13. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICTSec. 531.Purpose.Sec. 532. Uses permitted.Sec. 533. Permittedaccessory uses.

Sec. 534. Required parking and loading areas.Sec. 535.Limitation on persons per acre.Sec. 536. Permitted lotcoverage.Sec. 537. Requirements for floor space per dwellingunit.Sec. 538. Required lot area.Sec. 539. Lot width.Sec. 540.Front setback.Sec. 541. Side setback.Sec. 542. Rear setback.Sec.543. Maximum height limit.Sec. 544. Required usable openspace.Secs. 545-565. Reserved.

DIVISION 14. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICTSec. 566.Purpose.Sec. 567. Uses permitted.Sec. 568. Permitted accessoryuses.Sec. 569. Required parking and loading areas.Sec. 570.Limitation on persons per acre.Sec. 571. Permitted lotcoverage.Sec. 572. Requirements for floor space per dwellingunit.Sec. 573. Required lot area.Sec. 574. Lot width.

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Sec. 575. Front setback.Sec. 576. Side setback.Sec. 577. Rearsetback.Sec. 578. Maximum height limit.Sec. 579. Required usableopen space.Secs. 580-600. Reserved.

DIVISION 15. R-4 THREE-FAMILY RESIDENTIAL DISTRICT

Sec. 601. Purpose.Sec. 602. Uses permitted.Sec. 603. Permittedaccessory uses.Sec. 604. Required parking and loading areas.Sec.605. Permitted lot coverage.Sec. 606. Requirements for floor spaceper dwelling unit.Sec. 607. Required lot area.Sec. 608. Lotwidth.Sec. 609. Front setback.Sec. 610. Side setbacks.Sec. 611.Rear setback.Sec. 612. Maximum height limit.Sec. 613. Requiredusable open space.Secs. 614-635. Reserved.

DIVISION 16. R-5 LOW DENSITY RESIDENTIAL DISTRICTSec. 636.Purpose.Sec. 637. Uses permitted.Sec. 638. Permitted accessoryuses.Sec. 639. Required parking and loading areas.Sec. 640.Permitted lot coverage.Sec. 641. Requirements for floor space perdwelling unit.Sec. 642. Required lot area.Sec. 643. Lot width.Sec.644. Front setback.Sec. 645. Side setbacks.

Sec. 646. Rear setback.Sec. 647. Maximum height limit.Sec. 648.Required usable open space.Secs. 649-665. Reserved.

DIVISION 17. R-6 LOW DENSITY RESIDENTIAL DISTRICTSec. 666.Purpose.Sec. 667. Uses permitted.Sec. 668. Permitted accessoryuses.Sec. 669. Required parking and loading areas.Sec. 670.Permitted lot coverage.Sec. 671. Requirements for floor space perdwelling unit.Sec. 672. Required lot area.

Sec. 673. Lot width.Sec. 674. Front setback.Sec. 675. Sidesetbacks.Sec. 676. Rear setback.Sec. 677. Maximum height limit.Sec.678. Required usable open space.Secs. 679-695. Reserved.

DIVISION 18. R-7 LOW DENSITY RESIDENTIAL DISTRICTSec. 696.Purpose.Sec. 697. Uses permitted.

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Sec. 698. Permitted accessory uses.Sec. 699. Required parkingand loading areas.Sec. 700. Permitted lot coverage.Sec. 701.Requirements for floor space per dwelling unit.Sec. 702. Requiredlot area.Sec. 703. Lot width.Sec. 704. Front setback.

Sec. 705. Side setbacks.Sec. 706. Rear setback.Sec. 707. Maximumheight limit.Sec. 708. Required usable open space.Secs. 709-730.Reserved.

DIVISION 19. R-8 LOW DENSITY RESIDENTIAL DISTRICTSec. 731.Purpose.Sec. 732. Uses permitted.Sec. 733. Permitted accessoryuses.Sec. 734. Required parking and loading areas.Sec. 735.Permitted lot coverage.Sec. 736. Requirements for floor space perdwelling unit.Sec. 737. Required lot area.Sec. 738. Lot width.Sec.739. Front setback.Sec. 740. Side setbacks.Sec. 741. Rearsetback.Sec. 742. Maximum height limit.Sec. 743. Required usableopen space.Secs. 744-760. Reserved.

DIVISION 20. P PUBLIC PROPERTY AND CEMETERY DISTRICTSec. 761.Purpose.Sec. 762. Uses permitted.Sec. 763. Permitted accessoryuses.Sec. 764. Required parking and loading areas.

Sec. 765. Maximum height limit.Sec. 766. Commission review ofpark infrastructure.Secs. 767-785. Reserved.

DIVISION 21. FP FLOODPLAIN DISTRICTSec. 786. Purpose.Sec. 787.Uses permitted.Sec. 788. Floodplain elevation.Sec. 789. Requiredparking and loading areas.Sec. 790. Density.Sec. 791. Approval byflood commission.Secs. 792-815. Reserved.

DIVISION 22. HOD HOUSING OVERLAY DISTRICT

Sec. 816. Purpose.Sec. 817. Uses permitted.Sec. 818. Requiredparking and loading areas.Sec. 819. Floor area ratio.Sec. 820.Limitations on persons per acre.Sec. 821. Permitted lotcoverage.Sec. 822. Requirements for floor space per dwellingunit.Sec. 823. Required lot area.Sec. 824. Lot width.Sec. 825.Front setback.

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Sec. 826. Side setback.Sec. 827. Rear setback.Sec. 828. Maximumheight limit.Sec. 829. Required usable open space.

DIVISION 23. INDUSTRIAL RE-USE OVERLAY DISTRICTSec. 830.Purpose.Sec. 831. Uses permitted.

Sec. 832. Required parking and loading areas.Sec. 833.Limitations on persons per acre.Sec. 834. Permitted lotcoverage.Sec. 835. Requirements for floor space per dwellingunit.Sec. 836. Required lot area.Sec. 837. Lot width.Sec. 838.Front setback.Sec. 839. Side setback.Sec. 840. Rear setback.Sec.841. Maximum height limit.Sec. 842. Required usable open space.

DIVISION 24. TRANSIT-ORIENTED OVERLAY DISTRICTSec. 843.Purpose.Sec. 844. Uses permitted.Sec. 845. Required parking andloading areas.Sec. 846. Limitations on persons per acre.Sec. 847.Permitted lot coverage.Sec. 848. Requirements for floor space perdwelling unit.Sec. 849. Required lot area.Sec. 850. Lot width,setbacks, height limits, and open space.

ARTICLE IV. PERMITTED USES

DIVISION 1. GENERALLY

Sec. 851. Description of table.Sec. 852. Interpretation oftable.Sec. 853. Key to table.Sec. 854. Table of PermittedUses.Secs. 855-873. Reserved.

DIVISION 2. REQUIRED CONDITIONSSec. 874. General provisions.Sec.875. Expansion of or addition to existing uses.Sec. 876. Adulteducation.Sec. 877. Medical marijuana dispensary andproduction.Sec. 878. Alcoholic beverages, sale of.Sec. 879.Automobile wash, self-service.

Sec. 880. Automobile parking garage--Commercial.Sec. 881.Automobile parking garage--Community.Sec. 882. Reserved.Sec. 883.Automobile parking lot; private, commercial and/or public.Sec. 884.Bazaar, festival, carnival, race, or circus.Sec. 885. Churches,synagogues and temples.Sec. 886. Clubhouse for nonprofitassociations.Sec. 887. Community centers.Sec. 888. Convalescenthome; rest home; nursing home; retirement center.Sec. 889.Dormitory or residence hall.

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Sec. 890. Dwelling development, group.Sec. 891. Firestation.Sec. 892. Fraternity houses and sorority houses.Sec. 893.Hospitals, public and private.Sec. 894. Junk yard, salvage company,scavenger yard and wrecking companies.Sec. 895. Motor vehicle orgasoline service stations/motor vehicle or gasoline fuelingstations.Sec. 896. Motor vehicle wrecking yard or motor vehiclejunkyard.

Sec. 897. Movies, drive-in.Sec. 898. Nurseries, children’s day(child day care centers).Sec. 899. Orphanages or children’shome.Sec. 900. Parks, parkettes, playfields, playgrounds and totlots.Sec. 901. Recreation centers.Sec. 902. Freestanding groupdwellings for six (6) or more non-related individuals.Sec. 903.Schools, public, private and parochial nursery, elementary(primary), intermediate(middle), secondary (high), and specialeducation.Sec. 904. Reserved.Sec. 905. Urban agriculture.Sec. 906.Scrap metal processing.Sec. 907. Substations, electrical.Sec. 908.Communications facilities.Sec. 909. University, college, etc.,profit and nonprofit.Sec. 910. Zoos.Sec.911. Accessoryhistoric barn dwelling units.Sec. 912. Grocery stores and grocerystores/convenience stores.Sec. 913. Drive-in establishments.Sec.914. Semifinished electronic products; assembly.Sec. 915. Workstudio/dwelling.Sec. 916. Apparel-stitching.Sec. 917. Crematoryservices.Sec. 918. Secondhand merchandise; retail.Sec. 919.Transient lodgings.Sec. 920. Local district heating or coolingfacility.

Sec. 921. Adult establishments.Sec. 922. Recycling facility orplant.Sec. 923. Retail trade-Automotive, marine craft, aircraft andaccessories.Sec. 924. Special permit requirements for stadiums.Sec.925. Reserved.Sec. 926. Bowling.Sec. 927. Automobile rentalservices.Sec. 928. Delivery service.Sec. 929. Limousineservice.Sec. 930. Medical laboratory services.Sec. 931. Funeralservices.Sec. 932. Extended care residence.

Sec. 933. Welfare and charitable services.Sec. 934. Medicalclinics.Sec. 935. Temporary outside storage of equipment andmaterials associated with specifiedconstruction projects.Sec. 936.Reserved.Sec. 937. Residential structures containing three (3) ormore units.Sec. 938. Other non classified uses.Sec. 939. Motorvehicle fueling only station.Sec. 940. Hookah lounges.

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ARTICLE V.OFF-STREET PARKING AND

OFF-STREET LOADING PROVISIONS

Sec. 941. General provisions relating to off-street parking.Sec.942. Reduction of parking space.

Sec. 943. Location of parking space.Sec. 944. Authorizedvehicles.Sec. 945. Reserved.Sec. 946. Hospitals; parking.Sec.947. Places of assembly.Sec. 948. Units of measurement.Sec. 949.Collective provision.Sec. 950. Joint uses.Sec. 951. Parking areas;development and maintenance.Sec. 952. Parking lots in residentialand residence-office districts.Sec. 953. Continuing character ofoff-street parking and off-street loading obligations.Sec. 954.Application of off-street parking standards.Sec. 955. Calculatingnumber of employees, capacity of structures and uses; parkingrequirements.Sec. 956. Reserved.Sec. 957. Off-street loadingrequirements.Sec. 958. Use of park land for occasional parking andloading.Sec. 959. Special permits for parking lots in the P zoningdistrict.Sec. 960. Transportation management plan.Sec. 961. Parkingfor motor vehicles that are not automobiles.Sec. 962. Bicycleinfrastructure.Secs. 963-980. Reserved.

ARTICLE VI. ACCESSORY USES

Sec. 981. Purpose.Sec. 982. Accessory uses in the RO-1 and RO-2districts.Sec. 983. Customary accessory uses in residentialdistricts.Sec. 984. Limitations on accessory structures and uses inresidential districts.Sec. 985. Accessory uses of outdoordisplays.Sec. 986. Limitations on accessory uses in the B-3 and B-4business districts.Secs. 987-989. Reserved.Sec. 990. Small windenergy systems.Sec. 991. Roof-mounted wind energy systems.Sec. 992.Building-integrated solar energy systems.Sec. 993. Building-mountedsolar energy systems.Sec. 994. Small ground-mountedsolarenergy systems.

Sec. 995. Parking lot canopy solar energy systems.Secs.996-1006. Reserved.

ARTICLE VII. SIGNS AND OUTDOOR ADVERTISING

Sec. 1007. Zoning districts where signs are permitted.Sec. 1008.Size of signs.Sec. 1009. Location and height of signs.Sec. 1010.General type and use restrictions.

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Sec. 1011. Abandonment; removal.Sec. 1012. Application for asign permit.Sec. 1013. Resolution for approval of city signs.Sec.1014. RO-1 campus signage.Sec. 1015. Temporary signage.Secs.1016-1035. Reserved.

ARTICLE VIII.PLANNED DEVELOPMENTS AND

SPECIAL DEVELOPMENT DISTRICT

Sec. 1036. Planned area development.Sec. 1037. Plannedresidential development.Sec. 1038. Special development district.Sec1039. Higher education housing overlay district.Sec. 1040-1045.Reserved.

ARTICLE IX.FENCES

Sec. 1046. Permits and fees.Sec. 1047. Location andplacement.Sec. 1048. Height.Sec. 1049. Types and materials.Sec.1050. Maintenance.

ARTICLE X.LANDSCAPING

Sec. 1051. Trees and landscaping.

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CITY OF HARTFORDPLANNING AND ZONINGCOMMISSION

ZONING REGULATIONS

Charter reference: Mandate to establish planning and zoningcommission, and adopt planning and zoning provisions of theGeneral

Statutes, chapter VII, section 2 (d); zoning board of appeals,chapter VII, section 2 (e).

ARTICLE I. IN GENERAL

Sec. 1. History and purpose; plan of conservation anddevelopment.

(a) As of January 1, 2004, as provided in chapter VII, section 2of its revised charter, the city established the planningand zoningcommission by ordinance no. 54-03. Pursuant to the revised charterand said ordinance, the planning andzoning commission has thepowers and duties of a combined planning and zoning commissionunder the Connecticutgeneral statutes.(b) The planning and zoningcommission has adopted these zoning regulations, in accordance withthe general

statutes, in order to carry out its powers and duties and toprovide for the public health, safety and welfare. Theseregulationsare derived from, and continue unless inconsistent therewith,ordinance no. 5-68, adopted February 26,1968, which zoningordinance, as amended from time to time, constituted Hartfordmunicipal code chapter 35.(c) The achievement of goals by acommunity requires that many actions be undertaken; these zoningregulations areintended to help the city achieve its communitydevelopment goals.(d) It shall be the duty of the planning andzoning commission to prepare and recommend from time to time, butnoless than every ten (10) years as required by the generalstatutes, a plan of conservation and development for the city.Saidplan shall include all requirements of the general statutespertaining to such plans as well as other elements setforth by thecommission.(e) In accordance with the municipal code section 28-6,the commission shall serve as the inland wetlands agency,exercisingall powers accorded to inland wetlands agencies by law.(f) Thecommission shall assume any and all of the powers previouslygranted to the design review board of the city,where suchpowers survived the dissolution of that board.

Sec. 2. Definitions.

The following words, terms and phrases, when used in theseregulations, shall have the meanings ascribed to them inthissection, except where the context clearly indicates a differentmeaning:

Adult bookstore means an establishment having as asubstantial or significant portion of its stock in trademotionpictures, video recordings, books, magazines and otherperiodicals which are distinguished or characterizedby theiremphasis on matter depicting, describing or relating to obsceneactivities for observation by patronsthereof or an establishmentwith a segment or section devoted to the sale, rental or display ofsuch material.

Adult cabaret means a nightclub, bar, restaurant orsimilar establishment that regularly features live performancesthatare characterized by the exposure of specific anatomical areasor by specified sexual activities, or films,

motion pictures, video cassettes, slides or other photographicreproductions in which a substantial portion ofthe totalpresentation time is devoted to the showing of material that ischaracterized by any emphasis uponthe depiction or description ofspecified activities or anatomical areas.

Adult day care center means a nonresidentialfacility in which custodial care is provided for up to twelve (12)adults,related or unrelated, who are in need of supervision and/orassistance with routine daily functions but whoare not in need ofregular medical attention (including drug or alcohol rehabilitationservices), where theadults are receiving said care on a regular andrecurring basis during a part of the twelve (12) hour periodbetween7:00 a.m. and 7:00 p.m., for not less than three (3) and not morethan twelve (12) hours. Such afacility shall comply with all stateand local statutes, codes and/or ordinances regarding licensing,zoning,

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building, fire, health and housing. Adult day care centers shallnot include boarding houses, rooming houses,or rehabilitationhomes.

Adult establishment means adult bookstore, adult cabaret,adult mini-motion-picture-theater or adult motion picturetheater,or any combination thereof.

Adult mini-motion-picture-theater means an enclosedbuilding with a capacity for less than fifty (50) persons usedforpresenting material distinguished or characterized by anemphasis on matters depicting, describing or relatingto obsceneactivities for observation by patrons therein.

Adult motion picture theater means an enclosed buildingwith a capacity of fifty (50) or more persons used forpresentingmaterial distinguished or characterized by an emphasis onmatters depicting, describing or relating to obsceneactivities forobservation by patrons therein.

Alley means a public way which affords only a secondarymeans of access to abutting property.Alterationmeans any change, addition or modification in construction or typeof occupancy; any change in the

structural members of a building, such as walls, partitions,columns, beams, girders, or any change which maybe referred to inthese regulations as “altered” or “reconstructed.”

Animal care services means dog and cat groomingestablishments and animal hospitals.Animal hospital means anyfacility maintained by or for the use of a licensed veterinarian inthe diagnosis, treatment, or

prevention of animal diseases wherein the animals are limited todogs, cats, or other comparable householdpets and wherein theovernight care of said animals is prohibited except when necessaryin the medicaltreatment of the animal.

Animal services means dog training schools, animal daycare, animal husbandry, and kennels.Apartment means a room orsuite of rooms used as a dwelling unit for one (1) family who doesits cooking therein.Applicant means the owner of a legal oran equitable interest in property, or an agency of the city, whohas submitted

an application for any of the permits or approvals described inthese regulations.Artist means a person who is skilled andregularly engaged in one (1) or more art forms such as, but notlimited to,

visual, performing, literary, architectural, crafts,photographic, film and video.Automobile means a motorvehicle, including cars and motorcycles, originally manufacturedfor the transport of eight

(8) or fewer private, noncommercial passengers from one locationto another, excluding large-sized motorvehicles such as motorhomes, mobile homes, and recreational vehicles intended for living,not merelytransport.

Automobile laundry means a building, or portion thereof,containing facilities for washing more than two (2)automobiles atone time using production line methods ordinarily with a chainconveyor, blower, steamcleaning device or other mechanicaldevices.

Automobile wash, self-service, means a structurecontaining facilities for owners of automobiles to wash withwater,vacuum, and otherwise clean their automobiles, asdistinct from an automobile laundry.

Bakery, with on-site baking, means a bakery that produces on thepremises some or all of the products that are sold onthepremises.

Bakery, without on-site baking, means a bakery that does notproduce on the premises any of the products that are soldon thepremises.

Banners, streamers and pennants are non-reflective signs ordecorations made of cloth or plastic.Bathroommeans aroom containing a water closet and lavatory and, bathtub or shower,or both bathtub and shower.Basem*nt means a story partlyunderground and having at least one-half (!) of itsheight aboveground.Basic review setmeans a set ofplans, elevations, specifications, and other material and exhibits,as identified in further

detail in section 68.Bazaar means a market characterized byshops and stalls along a pathway, usually for the sale ofmiscellaneous articles

such as handmade arts and crafts.Beekeepermeans theperson(s) responsible for the keeping of honey bees in a hive orhives or any person who owns or

controls hives.Block means the property abutting one (1) side ofa street and lying between the two (2) nearest intersectingstreets, or

between the nearest such street and railroad right-of-way,unsubdivided acreage, river, or live stream, orbetween any of theforegoing and any other barrier to the continuity ofdevelopment.

Boarder means someone who lives in a boarding house, or lives ina single-family dwelling in accordance with section983, who isprovided with lodging and meals for compensation by prearrangementfor definite periods.

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Boarding house means a residential structure where lodging andmeals are provided for compensation to between three(3) and six (6)persons by prearrangement for definite periods. A boarding house isto be distinguished from arooming house, hostel, hotel, motel, orrehabilitation home.

Bonus means the construction of floor area in excess of thatpermitted as of right in the B-1 downtown developmentdistrict.

Bonus project means a project for which the applicant is seekingany one (1) or more of the bonuses provided in section295 (relatingto bonus eligibility).

Brew pub means any building where beer is manufactured, stored,and bottled, with retail sale of alcoholic liquor to beconsumed onthe premises with or without the sale of food, with retail sale ofsealed bottles or other sealedcontainers of beer brewed on suchpremises for consumption off the premises, and with wholesale salesofsealed bottles or other sealed containers of beer brewed on suchpremises, and as otherwise defined andregulated by the LiquorControl Act of the general statutes.

Building means any structure having a roof, supported by columnsor by walls and intended for the shelter, housing orenclosure ofany person, animal or chattel. When any portion thereof iscompletely separated from everyother portion by masonry or afirewall without any window, which wall extends from the ground tothe roof,then such portion shall be deemed to be a separatebuilding.

Building, accessory, means a subordinate building or a portionof a principal building, the use of which is incidental tothat ofthe principal building and which is located on the same lot as theprincipal building.

Building, accessory (residential), means a subordinate buildingattached to or detached from the principal building and usedforpurposes customarily incidental to the residential occupancy of theprincipal building and not involvingthe conduct of a business orthe sale of a service.

Building, height of, means the vertical distance from theestablished grade of the center of the front of the building tothehighest point of the roof surface of a flat roof, to the deckline for a mansard roof, to the mean height levelbetween the eavesand ridge for hip, gabled and gambrel roofs.

Building linemeans the building lines established bythe city council, from time to time, records of which are keptbythe city assessor.

Building, principal, means a building in which is conducted theprincipal use of the lot on which it is situated.Café means spacein a suitable and permanent building, kept, used, maintained,advertised and held out to the public to

be a place where alcoholic liquor and food is served for sale atretail for consumption on the premises butwhich does notnecessarily serve hot meals; it shall have no sleepingaccommodations for the public and neednot necessarily have akitchen or dining room but shall have employed therein at all timesan adequatenumber of employees. A cafe may be operated with orwithout incidental entertainment.

Campus means contiguous land owned by an educational, medical,business, or not for profit institution, including landthat may beseparated from other areas of the campus by streets or other publicrights-of-way and that mayinclude one or more lots or zoninglots.

Campus, RO-1, means any campus in the RO-1 district whichcontains ten (10) acres or more, contains two (2) or moreprincipalstructures, and fronts on two (2) or more public streets.

Carnivals means any carnival, circus, street celebration, orother similar event taking place in or upon any street, parkorother public place. This definition is not intended to includepublic speeches, political rallies, politicalmarches, protests,demonstrations or similar events.

Cellar means a portion of a building having more than one-halfof its height belowground.Chartermeans the currentcharter of the city of Hartford, as it may be revised and amendedfrom time to time.Check cashing means an establishment primarilyengaged in the business of providing cash to patrons for,payroll,

personal, and bank checks.

Child day care center (also known as day nurseries), means apublic or private facility, including accessory tot lots, asdefinedin general statutes section 19a-77 (relating to child daycare services) which offers or provides a program ofsupplementarycare to more than twelve (12) related or unrelated children outsideof their own homes on aregularly recurring basis for a part of thetwenty-four (24) hours in one or more days in the week. Suchafacility shall comply with all state and local statutes, codesand/or ordinances regarding licensing, zoning,building, fire,health and housing.

Citymeans the city of Hartford.Clubmeansan association of persons, whether incorporated or unincorporated,which has been in existence as a bona

fide organization for at least three (3) years prior to applyingfor a permit issued as provided by this chapter,or has been abona-fide national or international fraternal or socialorganization or affiliation thereof which

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has been in existence in this state for one year, for thepromotion of some common object, not includingassociationsorganized for any commercial or business purpose the object ofwhich is money profit, owning,hiring or leasing a building, orspace in a building, or having substantial control of a building orspace therein,of such extent and character as, in the judgment ofthe department, may be suitable and adequate for thereasonable andcomfortable use and accommodation of its members and their guests.A club may be operatedwith or without incidentalentertainment.

Clubhouse means a building to house a club or socialorganization not conducted for private profit, as documented by

state or federal records, and which is not an adjunct to oroperated by or in connection with a public tavern,cafe or otherpublic place.

Code (or municipal code) means the municipal code of the city ofHartford, as it may be amended from time to time.Coldframe means atemporary unheated outdoor structure, no higher than thirty-six(36) inches, consisting of a wooden

or concrete frame and a top made of glass or clear plastic, usedfor protecting seedlings and plants from thecold, provided that theword “temporary” in this definition shall mean erected for acumulative period of nomore than six (6) months within any givencalendar year.

Colonymeans a natural group of honey bees having aqueen or queens.Commission means the city planning and zoningcommission established and operating pursuant to the generalstatutes

and chapter VII of the charter.Communications means any or allof the following means of transmitting information, sound, andimages: radio,

telecommunications, telegraph, telephone, andtelevision.Communications antenna means a device—such as a panel, asatellite dish, a microwave dish, or a single pole device

known as a whip—used to collect or transmit communicationssignals, which is installed on a structure,instead of beingintegrated into a communications tower, and which may serve endusers not located on thezoning lot on which the communicationsantenna is located.

Communications broadcasting studio means a facility used tocreate or produce radio, television, or other electronicmediaprogramming. A communications broadcasting studio may includestudios, stages, editing facilities,production facilities, andequipment for program distribution and receipt via satellite, wire,or fiber opticcable. A communications broadcasting studio does notinclude a communications tower on the same zoninglot.

Communications facility means one (1) or all of thefollowing located jointly on one (1) zoning lot:communicationsantenna, communications tower, and othercommunication equipment.

Communications tower means a structure, which is nota building, which is intended to support equipment used totransmitor receive communications signals, and all or part of which may besubject to Connecticut Siting

Council review. Examples of such structures include monopolesand lattice construction steel structures.Community center means abuilding to be used as a place of meeting, recreation or socialactivity and not operated for

profit and in which neither alcoholic beverages nor meals arenormally dispensed or consumed.Community garden means space used togrow plants for personal use, education, recreation, communitydistribution, or

beautification by members of the neighboring community.Communityhealth centermeans a medical care facility as definedby general statutes § 19a-490a (relating to community

health centers): “a public or nonprofit private medical carefacility which (1) is not part of a hospital and isorganized andoperated to provide comprehensive primary care service; (2) islocated in an area which hasdemonstrated need for services based ongeographic and economic factors; (3) serves low income,uninsured,minority and elderly persons; (4) makes its servicesavailable to individuals regardless of their ability to pay;(5)employs a charge schedule with a discount based on income; (6)provides, on an ongoing basis, primaryhealth services by physiciansand where appropriate, mid-level practitioners, diagnosticlaboratory and x-ray

or through firm arrangement; (7) has at least one-half(!) of the full-time equivalent primary careprovidersas full time members of its staff; (8) maintains anongoing quality assurance program; (9) is a participating titleXIXand Medicare provider; (10) has a governing board of at least nine(9) and no more than twenty-five (25)members with authority andresponsibility for policy and conduct of the center, the majorityof whom areactive users of the center and of the nonuser boardmembers, nor more than half may derive more than ten(10) percent oftheir annual income from the health care industry; (11) providesprimary care services at leastthirty-two (32) hours per week; and(12) has arrangements for professional coverage during hours whenthecenter is closed.” For purposes of these regulations, none ofthe medical institutions or organizations definedin generalstatutes section 19a-490 shall be considered a “community healthcenter.”

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Complex project means the erection, facade alteration, orenlargement of a building on a lot or zoning lot where thefloorarea of such complex project exceeds one hundred fifty thousand(150,000) square feet, or whichbuilding height exceeds seventy-five(75) feet, or which lot area exceeds twenty thousand (20,000)square feet.All bonus projects shall be considered complexprojects. A complex project shall not include the alterationorenlargement of an existing project by less than ten (10) percent,nor a facade alteration which affects less thanten (10) percent ofthe facade of an existing building or structure.

Compostmeans organic material resulting from thebiological decomposition of solid waste that can be used as asoil

amendment or as a medium to grow plants.Compost binmeans a structure used to contain organic wastes as they decomposeto result in compost, which is

constructed of metal, blocks, bricks, wood, orplastic,Compostingmeans the process of biologicaldecomposition of solid organic wastes (e.g., yard trimmings, foodscraps,

manures) under controlled conditions resulting in compost.Controlled conditions include but are not limitedto grinding,shredding, piling, physical turning, aerating, adding moisture, orother processing of solid wastes.

Convalescent, nursing or rest home means a private home for thecare of five (5) or more children, aged or infirm personsor a placeof rest for those suffering bodily disorders. Such home does notcontain equipment for surgicalcare or for the treatment ofinjury.

Council means the court of common council of thecity of Hartford, the city’s legislative body, establishedandoperating pursuant to chapter IV of the charter.

Court means an open unoccupied space other than a yard on thesame lot with a building or group of buildings andwhich isbounded on two (2) or more sides by such buildings.

Day shall mean calendar day.Density (of population on aparticular lot) consists of the number of persons permitted toreside on an acre of land or the

proportionate number of persons permitted to reside on a portionof an acre of land in the B-3, B-4, RO-1,RO-2, RO-3, R-1, R-2 andR-3 zoning districts; and shall consist of the number of dwellingunits per lot inthe R-4, R-5, R-6, R-7 and R-8 zoning districts,provided thatthe specific numbers for all of theproceedingcalculations are identified in section 182. When, indetermining the number of persons or families, whicheverthe casemay be, permitted to reside on an acre of land or the proportionatenumber of persons or families,whichever the case may be,permitted to reside on a portion of an acre of land, the result isa fractionalnumber (of persons or families), any fraction up to andincluding one-half shall be disregarded and anyfraction overone-half shall be considered to be one (1) person or one (1)family, whichever the case may be.In determining the number ofdwelling units which may be constructed to house the number ofpersonspermitted to reside on an acre of land, or portion thereofin the B-3, B-4, RO-1, RO-2, RO-3, R-1, R-2 and

R-3 districts, the following table I showing the average numberof persons estimated to occupy a particulardwelling at the time ofconstruction shall be used.

Table IDwelling Unit by Type Number of Persons

Efficiency – Studio 1.51-Bedroom 2.02-Bedroom 3.03 or moreBedrooms 4.0

In the case of certain uses, table II shall be used in lieu oftable I.Table II

Use Number of Persons

Boarding house or rooming house One (1) person for eachroomingunit

Group quarters One (1) person for each bedResidential orapartment hotel,hotel, or motel

One (1) person for each bed

Transient lodgings One and one-half (1-1/2)persons foreach guest-room orresidence unit

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Director of the department of public works refers tothe director of the city department of public works, or his orherdesignate.

Distance is measured horizontally in a straight line.District(also known as zoning district), means a portion of the city withinwhich, on a uniform basis, certain uses of land

and buildings are permitted and certain other uses of land andbuildings are not permitted as set forth in theseregulations, andwithin which certain setbacks and other open spaces are requiredand within which certainlot areas are established or within which acombination of such conditions are applied.

District, business,means any and all of the B-1,B-2, B-3, and B-4 districts.District, commercial,meansthe C-1 district.District, industrial,means any and allof the I-1 and I-2 districts.District, residential (also known asresidential zoning district), means any and all of the R-1, R-2,R-3, R-4, R-5, R-6, R-7, and

R-8 districts.District, residence-office,means anyand all of the RO-1, RO-2, and RO-3 districts.Downtown developmentplan means the portion of the city’s plan of conservation anddevelopment specifically relating to

downtown development.Drive-in establishment means any businessestablishment so developed that some or all of its retail orservice character is

dependent on providing a driveway approach or parking spaces formotor vehicles so as to either servepatrons while in the motorvehicle, and shall include among other types of businesses eatingplaces withdrive-in or curb service.

Driveway means a private way that affords motor vehicle accessfrom a public or private street into abutting property.Dwellingmeans any building or portion thereof, which is designed or usedexclusively for residential purposes and

containing one (1) or more dwelling or rooming units.Dwelling,attached, means a dwelling having any portion of each of two (2)walls in common with adjoining dwellings.Dwelling, detached, meansa dwelling that is entirely surrounded by open space on the samelot.Dwelling, group, means a group of two (2) or moresingle-family, two-family, three-family or multiple-familystructures

occupying a lot.Dwelling, multiple, means a dwelling having four(4) or more dwelling units.Dwelling, semidetached, means a buildingcontaining two or more attached dwelling units that share a commonwall,

which may or may not be at the lot line. Semi-detacheddwellings may or may not be on more than one lot.Dwelling,single-family, means a dwelling used or designed exclusively forone (1) dwelling unit.Dwelling, three-family, means a dwellinghaving three (3) dwelling units.Dwelling, two-family, means adwelling having two (2) dwelling units.

Dwelling unit means a room or suite of rooms designed forliving, cooking and eating, and sleeping, with a bathroomand aseparate means of egress, and a kitchen for use by a family.

Dwelling unit, efficiency, means a dwelling unit consisting ofone (1) room exclusive of bathroom, kitchen, hallway,closets ordining alcove directly off the principal room.

Eating places includes both establishments serving onlyfood as well as those serving both food and alcoholicbeverages.

Eating places with drive-in or curb service means a typeof drive-in establishment so developed that part of its retailorservice character is dependent on providing a driveway approachor parking spaces for motor vehicles so asto either serve patronsfood or beverage while in the motor vehicle or else intended topermit consumption inthe motor vehicle of food or beverage obtainedby a patron from such business establishment.

Eating places without drive-in or curb service shall meanall eating places that are not eating places with drive-in orcurbservice.

Engineer, city shall be the professional engineer named toserve in that capacity; provided, however, that if the positionforcity engineer is not filled or is eliminated, the director of thedepartment of public works or his or herdesignee shall perform thefunctions of the city engineer outlined in these regulations.

Enhanced review set means a set of plans,elevations, specifications, and other material and exhibits, asidentified infurther detail in section 68.

Entertainment means any activity that includes but is notlimited to a theatrical performance, live music performance,live or“virtual” disc jockey (“DJ” or “deejay”), live or “virtual” masterof ceremonies (“MC”), dance, ball,show, exhibition, wrestling,boxing or sparring matches, or other sporting event, held indoorsor outdoors towhich members of the public are invited with orwithout charge. Live music performance refers to any liveproductionof music or sound by an individual, band, musician, dancing, orkaraoke. “Virtual” disc jockey or

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master of ceremonies refers to any video, hologram, computergenerated static or moving image, whethergenerated by analog ordigital means, which fulfills the function of a live disc jockey ormaster of ceremoniesincluding but not limited to announcing songs,vocalizing advertisem*nts or promotions, or interacting withpatronsby means of verbal communication in any way. Entertainment shallnot include incidentalentertainment as defined herein.

Entertainment, incidentalmeans backgroundmusic provided at a restaurant or café, the sole purposes of whichshall beto enhance the particular ambiance of the establishment.Incidental entertainment shall be limited to the

following formats: (a) live music performance limited to notmore than a maximum of three (3) acousticinstruments which shallnot be amplified by any means, electronic or otherwise or (b)prerecorded musicplayed from a preselected play list over thepermanently installed sound system of the establishment.Incidentalentertainment shall be a permissible provided that the maximumvolume of incidentalentertainment, irrespective of the format,shall be limited so as not to extend beyond the boundaries ofthepremises at any time.

Erected includes built, constructed, reconstructed, movedupon, or any physical operations on the premises requiredfor thebuilding. Excavations, fill, drainage, paving and the like shall beconsidered a part of erection.

Essential services means the erection, construction,alteration, or maintenance by public utilities ormunicipaldepartments of underground, surface or overhead gas,communications facilities, electrical, steam, fuel orwatertransmission or distribution systems, collection, supply ordisposal systems, including towers, poles,wires, mains,drains, sewers, pipes, conduits, cables, fire alarm and police callboxes, traffic signals, hydrantsand similar accessories inconnection therewith but not including structures which arenecessary for thefurnishing of adequate service by such utilitiesor municipal departments for the general public health,safety,convenience and welfare.

Existing use (R-8)means a use in the R-8 districtlegally existing as of February 26, 1968 that by the terms of the1968Zoning Ordinance may continue provided that any additions to orexpansions of such use shall be subject tothe conditions, exceptinglot area, set forth for such uses in article IV, division 2(relating to requiredcondition for certain uses). If no suchprovisions are set forth in article IV, division 2, any additionsto orexpansions of such uses shall comply with the developmentprovisions for the R-8 district set forth in articleIII, division19 (relating to the R-8 district). Existing uses shall not beconstrued to be nonconforming uses.

Expanded means, as used in sections 895, 896, and 939,structural expansions and the installation of additionalnozzles,pumps, pump islands, fuel tanks (including increasing fueltank capacity), and canopies (including canopies ofa different sizethan exist at the time of the application).

Expressway means a divided highway for through trafficwith full or partial control of access with grade separationsat

major crossroads.Extended care residence means aresidential facility for people who have a debilitating or terminalillness such as cancer or

HIV/AIDS who have a diminished physical capacity to manage theiractivities of daily living and requireassistance and support formanaging. These facilities may or may not include health careservices.

Facade alteration means a change on any exterior wall facing astreet or visible from a street upon which a majorarchitecturalfeature is added, altered, or removed. Such features may includebut are not limited to cornices,window frames, entryways,columns and decorative wall treatments. Changes to the opacity ofwindow glassshall be considered a facade alteration. Changes tosignage shall not be considered a facade alteration.

Family means, one (1) person; a group of two (2) or more personsliving together and interrelated by consanguinity,marriage, civilunion, custodianship, guardianship, or legal adoption; or a groupof not more than two (2)persons who need not be so related,occupying the whole or part of a dwelling unit as aseparatehousekeeping unit with a common set of cooking facilities.The persons constituting a family may also

include related children; foster children; the number of whichshall be in accordance with general statutes asamendedandlive-in domestic employees, the number of which shall not exceedthree (3). For the purposesof determining density, a roomer,boarder or lodger shall not be considered a member of a family. Inthe B-3,B-4, RO-1, RO-2, RO-3, R-1, R-2, and R-3 zoning districts,a family may consist of the number of personsdesignated to occupyan acre of land as described in the definition of “density” in thissection.

Farmstandmeans a table, stall, tent, oropen-air roofed structure or pavilion operated by a sole vendor forthe sale ofa*gricultural or horticultural products, and which has anoverall footprint of no more than three hundred (300)square feet,and which is no taller than ten (10) feet, exclusive ofroof-mounted renewable energy or waterstorage systems.

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Farmstructuremeans a structure that mayinclude but is not limited to a shed (tool and packing), compostbin, shadepavilion, farm stand, trellis, or other vertical supportfor growing crops, and a structure used to extend thegrowing seasonsuch as greenhouses, hoophouses, coldframes, or similarstructures.

Farmers’ marketmeans a public market administered bya market manager and held multiple times per year to connectandmutually benefit farmers, communities, and shoppers.

Festival means any fair, festival or similar activity wherepatrons have the privilege of watching or participatinginentertainment, including, but not limited to, music shows,concerts and revivals.

Floor area (also known as gross floor area) means, in the floorarea of a building or buildings, the sum of the grosshorizontalareas of the several floors of all buildings on the lot, measuredfrom the exterior faces of exteriorwalls or from thecenterline of walls separating two (2) buildings. Floor areaincludes the area of basem*ntswhen used for residential,commercial or industrial purposes but need not include a basem*ntor portion of abasem*nt used for storage or housing of mechanicalor central heating equipment or the basem*nt apartmentof acustodian in a multifamily dwelling, except that portion of suchcustodian’s dwelling unit which is inexcess of fifty (50) percentof the total basem*nt area. Floor area excludes space providedwithin a buildingfor required off-street parking for residentialunits.

Floor area, net, means the total of all floor areas of abuilding, excluding stairwells and elevator shafts, equipmentrooms,interior vehicular parking or loading, and all floors below thefirst or ground floor, except when usedor intended to be used forhuman habitation or service to the public.

Floor area ratio (FAR) means the floor area of the building orbuildings on any lot divided by the area of such lot, or, inthecase of planned developments, by the net site area.

Floor area, usable, means any floor area within outside walls ofa residential building exclusive of areas in cellars,basem*nts,unfinished attics, garages, open porches and accessorybuildings.

Flyway means the direction bees fly leaving theircolony, the obstruction of which may cause bees toaccidentallycollide with the obstruction and become aggravated.

Flyway barriermeans a barrier composed of densevegetation or man-made materials which direct bees leavingtheircolony in such a way that bee contact with humans anddomesticated animals is deterred.

Freeway means a divided highway for through traffic with fullcontrol of access and no cross traffic at grade.Front yard meansthe actual, open, unoccupied space on the same lot with a buildingor structure, situated between the

nearest roof or foundation portion of the principal building andthe lot line adjacent to a street, and extendingthe full width ofthe lot; such space may exceed the minimum front yard required bythese regulations. In thecase of a corner lot, there are two frontyards, situated between the nearest roofed portion of theprincipalbuilding and the front lot line along each street.

Functional green roof area means a green roof for which thedepth of soil and planted material is at least two (2)inches,which is accessible and usable for human activity.

Garage, commercial parking and storage, means a garage usedexclusively for the parking and storage of automobilesandwhere such automobiles are not serviced or repaired.

Garage, community, means a garage used for the storage ofautomobiles for occupants of lots in the same or adjacentblock orblocks, and providing only incidental services to automobilesstored therein.

Garage, large accessory, means an accessory building or portionof a principal building used only for the storage of four(4) ormore automobiles for the use of occupants of a lot on which suchbuilding is located and providingonly incidental services toautomobiles stored therein.

Garage, small accessory, means an accessory building used onlyfor the storage of automobiles for the use of occupants ofa lot onwhich such building is located and with a capacity of not more thanthree (3) automobiles, andproviding no incidental services toautomobiles stored therein. The foregoing definition shall beconstrued to

permit the storage on any one (1) lot within such garage, forthe occupants thereof, of not more than one (1)commercial motorvehicle having not more than a one-and-one-half-ton capacity. Notmore than one (1)space may be rented for an automobile.

Garage, repair: See “motor vehicle, general repair and service”and “motor vehicle, limited repair and service.”Generalstatutesmeans the most recent revision of the generalstatutes of the State of Connecticut, as from time to time

amended.Grade means the established grade of the street orsidewalk as prescribed by the city.Green roof means the area atop aroof surface on a building, open to the sky and air, which issurfaced with soil and

living plant materials for the purpose of retaining rainwaterand absorbing heat from sunlight, and which maybe accessible bymeans of a roof entrance if required to maintain plantmaterial.

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Greenhouse means a structure, primarily of transparent material,in which temperature and humidity may be controlledfor thecultivation or protection of plants or other agriculturalproducts.

Grocery storemeans any store commonly known as asupermarket, food store, or grocery store, primarily engaged intheretail sale of meat, seafood, poultry, fruits, vegetables,candy, nuts, confectionaries, dairy products, bakeryproducts,and/or all sorts of canned goods and dry goods.

Grocery store/convenience storemeans any grocerystore whose floor area is less than thirty-five hundred (3,500)squarefeet.

Health club means any corporation, partnership, unincorporatedassociation or other business enterprise offering atleast thefollowing facilities for the preservation, maintenance,encouragement or development of physicalfeatures, health or wellbeing in return for the payment of a fee entitling the buyer to theuse of facilities suchas a swimming pool, sauna room, showers,lockers, and dressing room, classrooms, exercise equipment,andexercise rooms.

Height of adjacent wall means for the purposes of determiningthe width and/or depth of setbacks the height of theadjacent wallshall be measured from the average level of the ground adjacent tothe exterior wall of thebuilding to the highest point of the roofsurface of a flat roof, to the deck line for a mansard roof, tothemean height level between the eaves and ridge for hip, gabledand gambrel roofs.

Hen means a mature egg-laying female chicken or guineahen.Henhousemeans an enclosed structure for hens, whichshall not exceed two hundred (200) square feet.Historicand monument sites means those locations set aside forno other purpose than to commemorate a historical

event, activity, architectural style, archaeological period, orperson.Hivemeans a manufactured receptacle or containerprepared for the use of honey bees that includes moveableframes,

combs and substances deposited in the hives by honeybees.Hookah, also known as nargile, is a waterpipe used forsmoking flavored tobacco.Hookah loungeis anestablishment that, as a primary or accessory use, provides for theon-site consumption of tobacco

or tobacco related products by means of hookah.Home garden meansthe accessory use of a residential lot to grow plants forconsumption, beautification, or recreation

for personal use.Home occupation means any use customarilyconducted entirely within the dwelling unit and carried on bythe

inhabitants thereof, which use is clearly incidental andsecondary to the use of such dwelling unit for dwellingpurposes anddoes not change the residential character thereof, such asdressmaking and millinery andincluding consultation by suchprofessions as a physician, dentist, lawyer, clergyman, architect,musician,engineer, teacher, insurance agent or real estate brokerprovided no classroom, studio or outdoor teaching

activity not normally permitted in the district shall beconducted in connection with such home occupation,and excludingsuch uses as barber, beautician, tearoom and animal hospital. Acustomary home occupationshall not offer, display or advertise anycommodity or service for sale on the premises, nor shall it storeanymaterials or products outside of a building. A customary homeoccupation shall occupy not more thantwenty-five (25) percent ofthe gross floor area of such dwelling unit. A customary homeoccupation mayinvolve the employment only of any member of theimmediate family residing in such dwelling unit plus one(1) personnot residing in such dwelling unit. Signs shall be limited to one(1) professional announcement signper dwelling unit, such sign toexceed not more than one (1) square foot in area.

Honey beemeans any life stage of the common domestichoney bee, Apis mellifera species.Hoophouse means anaccessory outdoor structure typically made of, but not limited toflexible PVC piping or other

material covered with translucent plastic, constructed in a“hoop” shape for the purposes of growing food orornamental crops,generally tall enough for a person to enter standing up.

Hostel (also known as youth hostel)means a place wheretravelers may stay for a limited duration, as recognized bytheInternational Hostel Association.

Hotelmeans any building containing (6) or more guestrooms which are used, rented, or hired for sleeping purposesbytransient guests, wherein there is a private lobby and guestrooms are accessed primarily from interior lobbies,courts, orhalls. Each room in a hotel has a bathroom.

Hotel, residential or apartment means a building with guestrooms designed to be occupied for sleeping purposes ofguestswith full kitchen facilities and a bathroom.

Impervious surface means any surface—including but not limitedto asphalt, concrete, mortared masonry, stone, syntheticmaterial,pavement, brick, tile, swimming pool, artificial turf, andgravel—which prevents or substantiallyimpedes fluids from passingbetween the surface of the material to the natural groundunderneath.

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Impervious surface shall include any and all materials describedin the preceding sentence, whether installedat, above, or belowgrade, and whatever the use of such material. For the avoidance ofdoubt, impervioussurface shall include any material otherwisefitting the criteria in the preceding two sentences and (1) servingafunctional purpose such as serving as a foundation for a fence orserving as a planter; and (2) serving as adriveway, parking area,or pedestrian way within the boundaries of the parcel.

In-kind replacement means, as used in section 895 and 939, thereplacement of structures or equipment in same sizedimension andlocation as existed at the time of the proposed replacement.

Inside storage means the storage of materials, equipment, orother chattel, including vehicles, inside a buildingorstructure.

Junk or scavenger yard means a lot, land or structure orpart thereof used primarily for the collecting, temporarystorage,and sale of wastepaper, rags, scrap metal or discardedmetal, other than used building materials.

Kennel means a structure or lot where seven (7) ormore dogs, cats, or similar small animals in anycombination,whether such keeping is for pleasure, profit,breeding, or exhibiting, and including places where dogs or catsorsimilar small animals in any combination are boarded, kept forsale, or kept for hire, and which may or maynot be regulated by thegeneral statutes and which shall include both private andcommercial arrangements.

Kitchenmeans a room principally used intended, ordesigned to be used for cooking or the preparation of food.Thepresence of a range or oven, or utility connections suitable forservicing a range or oven shall normally beconsidered asestablishing a kitchen.

Laboratory means a place devoted to experimental study such astesting and analyzing. Manufacturing of a product orproducts is notpermitted within this definition.

Loading space means an off-street space on the same lot with abuilding or group of buildings, for temporary parkingfor acommercial motor vehicle while loading and unloading merchandise ormaterials.

Local district heating and cooling system means any local systemconsisting of a pipeline or network, which may beconnected to aheating or cooling source, providing hot water, chilled water, orsteam to two (2) or moreusers.

Local district heating or cooling facility means any property orstructure used as an integral part of a local district heatingorcooling system.

Long-term bicycle parkingmeans parking for bicyclesin a limited-access enclosure that protects them fromprecipitationand theft. This term includes, for example: enclosedspaces within a building such as bicycle rooms; bicyclesheds;bicycle lockers; and weather-protected bicycle parking spaces thatare monitored by an attendant orsecurity system, such as bikeboxes.

Lotmeans land occupied or to be occupied by aprincipal building or buildings and its or their accessorybuildings,

together with such open spaces as are required under theprovisions of these regulations, and having not lessthan theminimum area required by these regulations for a lot in thedistrict in which it is located and havingits principal frontageupon a street, except as provided for in section 890 (relating togroup dwellings) andarticle VIII (relating to planned developmentsand special development districts) of these regulations, andexceptin the case of an individual lot associated with an individualattached or semidetached dwelling,provided the zoning lot of whichsuch individual lot forms a part meets the requirements set forthin theseregulations for the zoning district in which such lot islocated for permitted lot coverage, required lot area,principal lotfrontage, lot width, front setback, side setbacks, rear setback,required usable open space, andparking.

Lot areameans the amount of ground plane, measuredin square footage or similar criteria, occupied by a lot.Lot,corner, means a lot located at the intersection of two (2) streetsor a lot bounded on two (2) sides by a curving

street and any two (2) chords of which form an angle of onehundred twenty (120) degrees or less. The point

of intersection of the street lot lines is the “corner.” In thecase of a corner lot with curved street lines, thecorner is thatpoint on the street lot line nearest to the point of intersectionof the tangents described above.

Lot coverage means the part or percent of the lot occupied bybuildings, structures, including accessory buildings orstructures,impervious surface, and outside storage.

Lot depth means the mean horizontal distance from the front lotline to the rear lot line.Lot, interior, means a lot other than acorner lot. Any portion of a corner lot more than one hundred fifty(150) feet

from the “corner,” measured along a front street lot line, shallbe considered an interior lot.Lot line, front, means, in thecase of a lot abutting upon one (1) street, the line separatingsuch lot from such street. In

the case of any other lot, the owner shall, for the purpose ofthese regulations, have the privilege of electing

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any street lot line as the front lot line, providing that suchchoice, in the opinion of the zoning enforcementofficer, will notbe injurious to the existing, or to the desirable futuredevelopment of adjacent properties.

Lot line, rear, means, ordinarily, that lot line which isopposite and most distant from the front lot line of the lot. Inthecase of an irregular, triangular or gore-shaped lot, a line ten(10) feet in length entirely within the lot, parallelto and at themaximum distance from the front lot line of the lot shall beconsidered to be the rear lot line forthe purpose of determiningdepth of rear setback. In cases where none of these definitions areapplicable, thezoning administrator shall designate the rear lotline.

Lot line, side, means any lot line other than a front or rearlot line.Lot of record means a lot which actually existed as shownon the records of the town and city clerk on February 26,

1968, provided that if a lot or lots were merged with acontiguous lot or lots subsequent to February 26, 1968,and remainedcontinuously so merged to the date of the adoption of theseregulations, such merged lot shallbe deemed a lot of record and theconstituent lots so merged shall not be deemed lots of record.

Lot, through, means any interior lot having frontages on two (2)more or less parallel streets as distinguished from acornerlot.

Lot width means the mean horizontal distance between thesidelines, measured at right angles to the side lotline.Where the lot lines are not parallel the lot size shallbe considered as the average width between such side lotlines.

Lot, zoning, means a lot or a series of contiguous lots forminga single tract of contiguous land located within a singleblock, orimmediately abutting blocks, which, at the time of filing for azoning permit, is designated by itsowner or developer as a tract tobe used, developed or built upon as a unit, under single control orownershipand having its principal frontage upon a street.Individual buildings, dwellings (including condominium units),orlots may be sold during the construction of or following thecompletion of a development on a zoning lot,except that any suchbuilding, dwelling, or lot individually sold shall not be alteredin any manner from thatshown on the plans filed and approved by thezoning administrator for such zoning lot or any partthereof.Therefore, a zoning lot may or may not coincide witha lot of record. Any land in a public streetright-of-waywithin a zoning lot shall not be included incomputing the area of the zoning lot.

Low-impact development means developing land andmanaging stormwater in a way that minimizes the impactsofurbanization on natural habitats and hydrology. The overall goalof low-impact development is to design withnature in mind and workwith the natural landscape, hydrology and unique features of a siteto avoidunnecessary water pollution, environmental degradation, andflooding. Low-impact developmentaccomplishes this by controllingrunoff close to the point of generation and retaining more water onthe sitewhere it falls, rather than funneling it into pipesthat drain into local waterways.

Lumber and other building material - retail means anestablishment where lumber and other building materials suchasbrick, tile, cement, insulation, roofing materials and the likeare sold at retail. The sale of items such as heatingand plumbingsupplies, electrical supplies, paint, glass, hardware, andwallpaper is permitted at retail anddeemed to be customarilyincidental to the sale of lumber and other buildingmaterials-retail.

Managementplanmeans thedocument prepared as part of the special permit process to have asingle-operator gardenin a residential zoning district.

Marquee means any hood, canopy, awning or permanentconstruction which projects from a wall of a building, usuallyabovean entrance.

Marquee sign, theater means signage that consists ofchangeable copy that is affixed to the marquee of a stage theater,ormovie theater displaying events taking place at said theater.

Medical marijuana dispensary facility means aplace of business where marijuana may be dispensed or sold atretail toqualifying patients and primary caregivers and for whichthe Connecticut Department of consumer

Protection has issued a dispensary facility permit.Medicalmarijuana production facility means a secure, indoor facility wherethe production of marijuana occurs and is

operated by a person to whom the Connecticut Department ofConsumer Protection has issued a productionfacility permit.

Menumeans a list of food and beverage itemsfor sale and consumption on the premises of a restaurant, orcafé.Motel means a building or series of buildings in whichlodging is offered for compensation, for transient occupancy

and which is distinguished from a hotel primarily by reason ofproviding direct independent access to, andadjoining parking for,each rooming unit. Each room in a motel has a bathroom

Motor freight terminal means a building or arena in whichfreight brought by motor truck is assembled and/or storedforrouting in intrastate and interstate shipment by motortruck.

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Motor vehicle means any vehicle, whether automobile, bus,trailer, truck, mobile home, motor bicycle, mini-cycle orothercontraption propelled or drawn by power other than muscular power,and originally manufactured orintended for use on roads.

Motor vehicle, general repair and service means thebusiness of repairing, overhauling, removing, adjusting,replacing,assembling or disassembling parts of any motorvehicle.

Motor vehicle, limited repair and service means thebusiness of minor repairs to any motor vehicle, including repairsandreplacement of cooling, electrical, fuel and exhaust systems,brake adjustments, relining and repairs, wheel

alignment and balancing, and repair and replacement of shockabsorbers.Motor vehicle fueling only station means any lot orparcel of land or used entirely or principally for the retaildispensing of

motor vehicle fuel including but not limited to gasoline,diesel, natural gas, ethanol, and electricity.Motor vehicleor gasoline fueling station means any lot or parcel of land orportion thereof used partly or entirely for storing

or dispensing flammable liquids, combustible liquids, liquefiedflammable gas or flammable gas into the fueltanks of motorvehicles.

Motor vehicle or gasoline service station means a buildingdesignated or used for the retail sale or supply of fuels (storedonlyas prescribed by existing legal regulations), lubricants, air,water and other operating commodities for motorvehicles,aircraft or boats, and including the customary space and facilitiesfor the installation of suchcommodities on or in such vehicles, andincluding space for facilities for the storage, minor repair,orservicing, but not including bumping, body repair, painting,refinishing, steam cleaning and rustproofingwhere the primaryuse of the premises is such, or high speed washing thereof.

Motor vehicle wrecking yard or motor vehicle junk yardmeans any business and any place of storage or deposit, whetherinconnection with another business or not, which has stored ordeposited two (2) or more unregistered motorvehicles whichare no longer intended or in condition for legal use on the publichighways, or used parts ofmotor vehicles or old iron, metal, glass,paper, cordage or other waste or discarded or secondhandmaterialwhich has been a part, or intended to be a part, ofany motor vehicle, the sum of which parts or material shallbe equalin bulk to two (2) or more motor vehicles. Such terms shall alsoinclude any place of business orstorage or deposit of motorvehicles purchased for the purpose of dismantling the vehicles forparts or foruse of the metal for scrap and where it is intended toburn material which are parts of a motor vehicle or cutup the partsthereof.

Nightclub means a commercial establishment dispensingalcoholic beverages for consumption on the premises andinwhich dancing and musical entertainment is permitted.

Noise mitigation planmeans a documentdetailing the measures taken by an establishment to maintain noiseat a levelthat is not audible at a distance of one hundred (100)feet or greater from any opening of that establishment

and to otherwise comply with section 23 of thecode.Nonconforming building or structuremeans anybuilding, structure or part thereof legally in existence:

(a) on February 26, 1968, the adoption date of Ordinance No.5-68, or(b) at the adoption date of an amendment to said ordinance,or(c) at the adoption date of these regulations, or(d) at theadoption date of an amendment to these regulations,that is not inconformity with the building and development regulations so adoptedor amended of the zoningdistrict in which it is located, such as,but not limited to, building bulk, lot coverage, height, setbacks,densityor off-street parking or loading.

Nonconforming lotmeans a parcel of landlegally in existence:(a) on February 26, 1968, the adoption date ofOrdinance No. 5-68, or(b) at the adoption date of an amendment tosaid ordinance, or

(c) at the adoption date of these regulations, or(d) at theadoption date of an amendment to these regulations,that is not inconformity with the dimensional requirements so adopted or amendedof the zoning district inwhich it is located, such as, butnot limited to, area, shape, frontage or locationalrequirements.

Nonconforming usemeans a use of land or abuilding or structure legally in existence:(a) on February 26,1968, the adoption date of Ordinance No. 5-68, or(b) at theadoption date of an amendment to said ordinance, or(c) at theadoption date of these regulations, or(d) at the adoption date ofan amendment to these regulations,

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that is not in conformity with the use regulations so adopted oramended for the zoning district in which it islocated.

Obscene activity means patently offensive representations ordescriptions of ultimate sexual acts, normal or perverted,actual orsimulated and/or patently offensive representations or descriptionsof masturbation, excretoryfunctions, and lewd exhibition of thegenitals.

Open space, usable,means that space on the same lot andcontiguous to the principal building or buildings (exceptasotherwise provided in article VIII of these regulations, relatingto planned developments and special

development districts) which is either landscaped with shrubs,planted with grass, or developed andmaintained for recreationpurposes, and excludes that portion of the lot which is coveredwith impervioussurface. The area of functional green roofsavailable to the residents of the buildings and the area ofusablebalconies available to the residents of the building may beincluded in computing the required usable openspace.

Organicagriculturalpractices meansproduction methods that promote and enhance biodiversity,biological cycles, andsoil biological activity; provided suchmethods are based on minimal use of off-farm inputs andonmanagement practices that restore, maintain and enhanceecological harmony. Organic food grown in thismanner is producedwithout using most conventional pesticides; fertilizers made withsynthetic ingredients orsewage sludge; bioengineering; or ionizingradiation, as described by the U.S. Department ofa*gricultureNational Organic Program.

Other communications equipmentmeans the equipmentand structures involved in receiving, exchanging, ortransmittingcommunications signals from the signal source andtransmitting those signals to another wireless site,anothercommunications source or receiver, or to a central switchingcomputer which connects the mobile unit withland-based telephonelines, other than antennas or communications towers. Examples ofsuch structuresinclude transmitting stations and exchangestations.

Outside storage means the storage or exhibition of materials,equipment, or other chattel on a lot or tract, outside abuilding orstructure, and serving as an accessory to some other use. The termoutside storage excludes:landscaping or an ornamental landscapingstructure (such as a birdbath, plant container, or statuette);andoperable automobiles with valid state registration parked on asurface that meets the standards for parkingsurfaces contained inthe off-street parking provisions of these regulations.

Package store means an establishment designed to supply theretail sale of alcoholic liquor not to be consumed on thepremises,such sales to be made only in sealed