Sidebar Planning and Zoning Code- Section 10

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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:

  • 10.03.01 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.
10.04 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.

10.05 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 Commission.
(Amended effective 10/15/93)

  • 10.07.01 RELATIONSHIP Is clearly incidental and customary to and commonly associated with the operation of the Permitted Uses.
  • 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.
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 setting.
  1. The activity offered shall meet the following criteria:
    1. 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.
    2. 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.
    3. Not utilize more than five hundred (500) square feet of the gross area of the dwelling unit.
    4. 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.
    5. 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.
    6. 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.
    7. Not involve repairing any item which would be brought to the dwelling.
    8. 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.
      1. Office activity such as: consulting, writing, computer programming, tutoring, telephone answering and drafting.
      2. Fine Arts such as: painting, sculpturing, photography, model making, crafts and weaving.
      3. Culinary Activities such as: baking, cooking and preserving food.
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)

  • 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.
    Amended 6/1/85
10.09 ENVIRONMENTAL RESPONSIBILITY
  • 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 water runoff. The Grading and Soil and Erosion Control Plan shall include but is not limited to, the following:
    1. 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;
    2. A site development plan as described in Section 4.02 showing the following additional information:
      1. 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 and fills;
      2. 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 (where appropriate);
      3. The location of and design details for all proposed soil erosion and sediment control measures and storm water management facilities;
      4. Areas in excess of 25% natural slope highlighted with cross hatching;
      5. Existing and proposed drainage swales, wetlands and water courses;
      6. Existing permanent buildings and structures, including well and septic locations;
      7. Notes indicating if blasting will be required;
      8. Cross section drawings covering proposed excavation areas;
      9. Hydraulic computations for all culverts and bridges, stream crossings and detention/retention structures, and
      10. 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 complete.
  • 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 Enforcement Officer.
    (Section amended effective 2/28/95)

10.10 STORMWATER DETENTION REQUIREMENTS-
  • 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:
    1. single family dwellings on lots of record,
    2. 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,
    3. 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 $50.00
    10+ - 25 acres $100.00
    25+ acres $250.00
  • 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.

 

 

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