||Planning and Zoning Code- Section 10
Online version is NOT official, it is only for use as a reference.
copies can be viewed or
purchased at the
Planning, Conservation, and Development.
Return to Zoning Code- Table of Contents
SECTION 10 GENERAL PROVISIONS
10.00 GENERAL- Except as hereinafter specified, it shall be unlawful to use any land,
structure, or building or to construct, erect, structurally alter, enlarge or rebuild any
building or structure or part thereof unless in conformity with the provisions of this Code.
No use or occupancy of building, structure, land or premises and no trade or industry shall
hereafter be permitted within the City of Middletown which will produce irritating, corrosive,
toxic or noxious fumes, gas vapor, smoke, cinders, or odors or obnoxious dust or waste or undue
noise or vibrations so as to be detrimental to the public health, safety or general welfare.
The Provisions of this Code shall not require modifying or changing the height, location or
size of any building now existing or any change in the construction or arrangement of any such
building or any change in the present use of any building, structure or premises.
10.01 PURPOSE- The purpose of this Zoning Code and the intent of the legislative
authority in its adoption is to promote and protect the public health, safety,
convenience, comfort, prosperity and the general welfare of the City of Middletown,
Connecticut; by regulating the use of buildings, other structures and land for residences,
public facilities, institutions, business, services industry or other purposes; by
regulating and restricting the bulk, height, design, percent of lot occupancy, and location of
buildings; by regulating and limiting population density; and, for the aforesaid purposes, to
divide the land within the corporate limits of the City into zones of such number and
dimensions in accordance with the objectives of the Plan of Development; and to provide
procedures for administration and amendment of it.
10.02 INTENT- This Zoning Code is intended to achieve, among others, the following
objectives: to protect the character and value of residential, institutional and public
uses, business, commercial, and manufacturing uses - and to insure their orderly and
beneficial development; and to provide adequate open spaces for light, air and outdoor
uses; and to prevent excessive concentration of population - and, on the other hand, to
prevent sparse and uncoordinated development; and to regulate and control the location and
spacing of buildings on the lot and in relation to the surrounding property so as to carry
out the objectives of the Plan of Development; and to regulate the location of buildings
and intensity of uses in relation to streets according to plans so as to cause the least
interference with, and be damaged least by traffic movements, and hence result in lessened
street congestion and improved public safety; and to establish zoning patterns that insure
economic extension for sewers, water supply, waste disposal and other public utilities, as
well as developments for recreation, schools, and other public facilities; and to guide the
future and building uses in accordance with the objectives of the Plan of Development; and to
accomplish the specific intents and goals set forth in the introduction to the respective parts.
10.03 APPLICATION OF ZONE REGULATIONS- Except as hereinafter provided, the following
regulations shall apply:
10.04 SEPARABILITY CLAUSE- Each section of this Code and each part of such section
are declared to be independent sections and parts of sections, and notwithstanding any other
evidence of legislative intent, it is hereby declared to be the controlling legislative intent
that if any provision of said sections, or parts of sections and the application of such
provision to any person or circumstance other than as those to which it is held invalid,
shall not be affected thereby, and it is hereby declared, that this Code would have been
passed independently of the section, sections, or parts of a section held to be invalid.
- 10.03.01 No building, structure, or land shall hereafter be used or occupied; and no
building or structure or part thereof shall hereafter be erected, constructed, reconstructed,
moved, or structurally altered except in conformity with all of the regulations herein
specified for the zone in which it is located.
- 10.03.02 No building or other structure shall hereafter be erect- ed or altered; to
exceed the height or bulk; to accommodate or house a greater number of families; to occupy a
greater percent of lot area; to have narrower or smaller rear yards, side yards or other open
spaces than herein required; or in any other manner contrary to the provisions of this Code.
- 10.03.04 No yard or lot existing at the time of passage of this amendment shall be
reduced in dimension or area below the minimum requirements set forth herein. Yards or
lots created after the effective date of this amendment herein shall meet, at least; the
minimum requirements established by this Code.
- 10.03.05 No parking area, parking space or loading space which exists on the effective
date of this amendment or which subsequent thereto is provided for the purpose of complying
with the provisions of this Code shall hereafter be relinquished or reduced in manner below
the requirements established by this Code, unless additional parking area or space is provided
sufficient for the purpose of complying with the provisions of this Code within three hundred
(30) feet of the proposed or existing uses for which such parking will be available.
10.05 PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS- In their interpretation and
application, the provisions of this Code shall be held to be minimum requirements, adopted
for the promotion of the public health, safety, moral, or general welfare. Wherever the
requirements of this Code are at variance with the requirements of any other lawfully
adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive
or that imposing the higher standards shall govern.
10.06 SITE PLAN APPROVAL- Site Plan approval shall be required in accordance
with Section 55 of this Code.
10.07 LIMITATIONS ON ACCESSORY USES- Any use which is incidental only to Permitted
Uses and which complies with SECTION 15 PERFORMANCE STANDARDS and all of the following
conditions may be operated as an Accessory Use, subject to site plan review except as
herein provided. An Accessory Use may not survive the Primary Use.
Any Accessory Use or an expansion of an existing Accessory Use, other than Residential
Accessory Uses, which has a point source discharge which is defined for purposes of this
section only as a discharge from a fixed point directly to the air or directly to a
wetland or watercourse exclusive of storm water, septic system effluent automobile exhaust
and other discharges which staff determines are a normal part of building operations
(ie exhaust from heating and air conditioning and discharges to the sanitary sewer system)
or is within 1000 feet of a Residential Zone and could substantially increase traffic
levels shall require the granting of a special exception from the Planning and Zoning
(Amended effective 10/15/93)
10.08 RESIDENTIAL UNIT BUSINESS PURSUIT
The purpose of permitting this accessory activity is to allow certain small scale
quasi-business undertakings by the dwelling occupant that will not influence the immediate
neighborhood and would not be economically feasible if conducted in a totally business
- 10.07.01 RELATIONSHIP
Is clearly incidental and customary to and commonly associated with the operation of the
- 10.07.02 OWNERSHIP
Is operated and maintained under the same ownership and on the same lot as the Permitted Uses.
- 10.07.03 CONSISTENCY
Does not include structures or structural features inconsistent with Permitted Uses.
- 10.07.04 RESIDENTIAL OCCUPANCY
Does not include residential occupancy.
- 10.07.05 DETACHED STRUCTURES
If operated partially or entirely in detached structures, the gross floor area of such
detached structures, shall not exceed ten (10) percent of the area of the lot.
- 10.07.06 ATTACHED STRUCTURES
If operated partially or entirely within the structure containing the Permitted Uses,
the gross floor area within such structures utilized by Accessory Uses (except garages
and off-street loading facilities) shall not be greater than twenty (20) percent of the
gross floor area, but not to exceed three hundred (300) square feet of a single unit
dwelling; ten (10) percent of the gross floor area of a structure containing any Permitted
Uses other than a single unit dwelling.
A Residential Unit Business approval shall be issued for a 90 day trial period during which
time the activity may be observed to make an initial evaluation possible. Upon issuance,
the Planning and Zoning Department shall send a copy of the approved license to abutting property
owners along with a letter explaining the license. The adjoining property owners have the right
to request a further review by the Planning and Zoning Commssion during the ninety (90) day trial
period. If a review has been requested, all abutting property owners shall be notified of the time
and date of the Planning and Zoning Commission review. If no objections by abutters have been filed
during said ninety (90) day period, the issued license may be permanent subject to licensee's
compliance of the approved uses contained herein. (Amended effective 3/15/98)
- The activity offered shall meet the following criteria:
- Be conducted solely by an occupant of the dwelling unit without any non-resident assistants or employees and entirely within the dwelling unit, specifically excluding any area designed as a garage.
- Not present any external evidence of the activity including a separate entrance or the parking of any vehicle which displays any evidence, however, a sign shall be permitted no larger than that specified in the sign regulation identifying the activity.
- Not utilize more than five hundred (500) square feet of the gross area of the dwelling unit.
- No equipment or process used for the activity shall create: noise, vibration, glare, fumes, hazardous waste, electrical interference (visual or audible) with any radio, television, or telephone; or causes fluctuations in electrical line voltage off the premises.
- Not generate greater vehicular traffic than would ordinarily be associated with the dwelling location or attract more than four (4) persons to the dwelling at any one time.
- Only individual or unique physical items or services shall be created or provided. Sales associated directly with a service provided or a good produced directly on premises may occur at the premises provided the sale of such goods on premises shall not be advertised or constitute the primary business pursuit.
- Not involve repairing any item which would be brought to the dwelling.
- Following is a list of business pursuit categories which may be pursued in residential units provided they do not violate any of the above criteria.
- Office activity such as: consulting, writing, computer programming, tutoring, telephone answering and drafting.
- Fine Arts such as: painting, sculpturing, photography, model making, crafts and weaving.
- Culinary Activities such as: baking, cooking and preserving food.
10.09 ENVIRONMENTAL RESPONSIBILITY
- 10.08.01 FINDINGS- A Residential Unit Business Pursuit shall be granted when the
Director of Planning and Zoning Department finds that the proposed Residential Unit Business
Pursuit will not violate any provision of this Code.
- 10.08.02 APPROVED USE- No substantial deviation from an approved Residential Unit
Business Pursuit shall be permitted without the approval of the Director of Planning and
Zoning Department. Any deviation without approval is grounds to revoke the Residential
Unit Business Pursuit.
10.10 STORMWATER DETENTION REQUIREMENTS-
- 10.09.01 GRADING AND SOIL EROSION AND SEDIMENT CONTROL PLAN- When applicable a
grading and soil erosion and sediment control plan shall be submitted. This plan shall be at
a scale not less than 1" = 40'. The area shown on the grading and soil erosion and sediment
control plan may be limited to the portion of the project affected by the proposed regrading,
cuts, fills, and/or soil and/or rock removal.
As a part of the grading plan all developers shall provide, using the best available technology
proper provisions for soil erosion and sediment control. A soil erosion and sediment control
plan shall be submitted with any application for project when the disturbed area is cumulatively
more than one half acre. The Planning and Zoning Commission may also require that a bond be
posted assuring that the Grading and Soil and Erosion Control Plan is implemented. The Planning
and Zoning Commission may petition the Middlesex County Soil and Water Conservation District
for a study to establish that a Grading and Soil Erosion and Sediment Control Plan complies
with the minimum standards as set forth in this Section.
a. Minimum Standards for Soil Erosion and Sediment Control Provisions.
The developer is requested to use the publication, Connecticut Guidelines for Soil Erosion
and Sediment Control (latest edition), as amended, as a tool in providing all the minimum
information required for soil erosion and sediment control, peak flow rates, and volumes of
The Grading and Soil and Erosion Control Plan shall include but is not limited to, the
- A narrative describing the development, the schedule of major activities on the land,
(including start and completion dates, sequence of grading and construction activities,
sequence for installation of erosion and sediment control measures, and sequence for
final stabilization measures); the design criteria and construction and installation
procedures for soil erosion and sediment control measures and storm water management
facilities; and an ongoing maintenance program for erosion and sediment control measures and
the storm water management system;
- A site development plan as described in Section 4.02 showing the following additional
- Areas of major regrading, cuts, fill and/or soil and/or rock removal with the
estimated amount of material to be added or removed and calculations of proposed cuts
- Existing (dashed lines) and proposed contours (solid lines) at an interval not exceeding
two (2) feet based on field and aerial survey as well as existing spot elevations
- The location of and design details for all proposed soil erosion and sediment control
measures and storm water management facilities;
- Areas in excess of 25% natural slope highlighted with cross hatching;
- Existing and proposed drainage swales, wetlands and water courses;
- Existing permanent buildings and structures, including well and septic locations;
- Notes indicating if blasting will be required;
- Cross section drawings covering proposed excavation areas;
- Hydraulic computations for all culverts and bridges, stream crossings and
detention/retention structures, and
- Any other information deemed necessary and appropriate by the developer or requested by
the Commission or its designated agent.
- 10.09.02 CERTIFICATION-
Approval of the project shall constitute certification that the Grading and Soil Erosion and
Sediment Control Plan complies with the requirements and purpose of these regulations.
After approval of the project, no site development shall begin unless the soil erosion
and sediment control measures and facilities in the plan scheduled for installation prior
to site development are installed, functional, and maintained until the development is
- 10.09.03 INSPECTION AND ENFORCEMENT-
The Zoning and Inland Wetlands Enforcement Officer (ZEO) and the Public Works
Department shall make periodic inspections to ensure compliance with the approved plan and
that control measures and facilities are properly performed or installed and maintained.
Upon finding improper installation or maintenance, the City has the authority to require
compliance to the plan and/or order the contractor/developer to stop work.
The Commission may ask for progress reports from the developer and/or the Zoning
(Section amended effective 2/28/95)
- 10.10.01 All land development projects that would increase stormwater runoff from its
size shall provide for on site detention of the increase unless specifically excluded herein.
- 10.10.02 Excluded development projects are:
- single family dwellings on lots of record,
- single family dwellings on lots larger than one (1) acre in size that are not built
in conjunction with a new subdivision of land involving any new City streets,
- those on sites of one (1) acre or less.
- 10.10.03 The design of detention facilities may follow recommendations of the Soil
Conservation Service in the publication titled, "Urban Hydrology for Small Watersheds",
Technical Release No. 55-SLS, January, 1975 or the latest revision thereof.
The design criteria for detention shall be a fifty (50) year storm.
- 10.10.04- All calculations, designs, plans and specifications, shall be prepared by a
State licensed professional engineer. The stormwater detention design proposal shall be
shown as part of the site plan review information required in Section 55.
- 10.10.05- A special review fee schedule for projects shall be:
|1 - 10 acres
|10+ - 25 acres
- 10.10.06- A detention facility serving an area of ten (10) or more acres
shall be eligible for City ownership. For such a facility a surety performance
bond equal to 100% of the estimated construction cost, as determined by the
applicant subject to approval by the Commission, shall be posted when
preliminary approval is granted but prior to actual construction of the
facility. The performance bond shall be released by the Commission in accordance
with Section 26-7(c) of the City Code provided that the facility is in sound,
usable condition as determined by the Commission and that all other requirements
related to the construction and dedication of the facility have been fully and
faithfully performed by the applicant.