||Planning and Zoning Code- Section 44
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SECTION 44- SPECIAL EXCEPTIONS
44.01 PURPOSE- The development and execution of a
comprehensive Zoning Code are based upon the division of the City into zones,
with which the use of land and structures and the bulk and location of
structures in relation to the land are substantially uniform. It is recognized,
however, that there are certain uses and features which, because of their unique
characteristics, cannot be distinctly classified or regulated in a particular
zone or zones, without consideration in each case of the impact of such uses and
features upon neighboring uses and the surrounding area compared with the public
need for them in particular locations. Such uses and features are, therefore,
treated as Special Exceptions.
44.02 REQUEST FOR SPECIAL EXCEPTIONS- Applications
for the grant of Special Exceptions shall be filed with the Commission on forms
provided therefore. The applicant shall submit plans and other data required in
Section 44.03, and shall be consonant of the Commission's findings criteria in
44.03 SUBMISSION REQUIREMENTS- Each application for a Special
Exception shall be submitted to the Commission at least ten (10) days prior to a
regularly scheduled meeting and shall be accompanied by such fee required to
cover the cost of advertising and sending notices in connection with the
application. The Applicant shall furnish as part of such application the
44.04 FINDINGS- A Special Exception may be granted when the
Commission makes findings on:
- 44.03.01 SITE PLAN Site Plan as specified in Section 55. Site Plan
44.05 PUBLIC HEARING The Commission shall hold a
Public Hearing in accordance with the requirements of the General Statutes and
those of Section 48.03.05, Zoning Application Signs.
- 44.04.01 COMPLIANCE WITH CITY PLAN- The proposed
use is consonant of the Plan of Development for physical development of the
City, as embodied in the Zoning Code and in any Master Plan or portion thereof
adopted by the Commission; and
- 44.04.02 ADVERSE EFFECTS- The Proposed use will
not affect adversely the health and safety of residents or workers in the area
and will not be detrimental to the use or development of adjacent properties or
the general neighborhood; and
- 44.04.03 VISIBILITY AND ACCESSIBILITY- The proposed
use will not preempt frontage on a major highway in such a manner so as to
substantially reduce the visibility and accessibility of an interior commercial
area zoned or proposed for commercial use which is oriented to the same highway;
- 44.04.04 TRAFFIC MOVEMENT- The proposed use will not impair the movement of
through traffic along the adjoining thoroughfare through congestion and
reduction of street capacities or through storage or back up of vehicles in the
public right-of-way while awaiting service on the subject site; and
ORDERLY DEVELOPMENT- The proposed use will not result in a fragmentation of the
development pattern, thereby creating unnecessary additional points of vehicular
conflict with the adjoining highway and adversely affecting the orderly
development of surrounding neighborhoods; and
- 44.04.06 PROPERTY VALUES AND
CHARACTER- The proposed use will not tend to depreciate property values and the character
and extent of development of adjoining properties; and
PARKING AND LOADING- The proposed use will provide off-street parking and loading
facilities in accordance with Section 40 of the Zoning Code; and
COMPLIANCE WITH STANDARDS- The proposed use will meet all the standards set forth
herein and set forth in Section 44.08 of the Zoning Code for the type of Special
Exception being requested.
44.06 COMMISSION- The
Commission shall act on applications in accordance with the General Statutes.
44.07 VIOLATION OF SPECIAL EXCEPTIONS- Whenever the Commission
shall find, in the case of any Special Exception heretofore or hereafter granted
pursuant to the provisions of this section, that any of the terms, conditions,
or restrictions upon which such permit was granted are not being complied with,
the Commission may rescind and revoke such permit after giving due notice to all
parties concerned. Violation of Special Exception shall constitute a violation
of the Zoning Code.
- 44.06.01 TIME LIMITATIONS- A Special Exception shall be valid for a period of
one (1) year, unless a longer time period is specifically established herein.
The authorized activity must start during the time period as indicated by the
granting of a building permit if building(s) are involved. Such exception shall
continue in force and in effect if a building permit for such erection or
alteration is started within said period. A renewal of said exception may be
granted for one additional time period, equal to the original, without a
complete new application or public hearing provided the Commission finds that
all requirements continue to be met. However the Commission shall show in its
record that it has reviewed an application for renewal of the specified Special
Exception and that all appropriate provisions and findings are reaffirmed.
44.08 STANDARDS FOR SPECIAL
EXCEPTION- A petition for use of property subject to standards set forth herein
shall be filed in accordance with the provisions of Section 44.02 and shall be
subject to approval by the Commission unless specifically specified otherwise.
- 44.07.01 TERMINATION OF GRANTED SPECIAL EXCEPTION USE- In the
event a Special Exception land-use is terminated and a proposed new use is not
"use by right" as currently zoned, application may be made to the Commission for
approval of a substitute use for the facility. In its evaluation the Commission
may hold a public hearing and shall consider the similarity of the proposed new
use to the terminated Special Exception use.
- 44.08.01 AMBULANCE SERVICE- Ambulance service
uses are permitted subject to the regulations of the zone in which they are
located in addition to the conditions hereunder:
- No advertising or signs
containing more that two (2) square feet in size shall be maintained on the
premises where such ambulance service is being conducted or be attached to, or
painted on the building in which such service is conducted.
- The outward
appearance of such building shall be substantially in conformity to the general
characteristics of the surrounding neighborhood.
- The nature and development
of surrounding property; the proximity of churches, schools, hospitals, public
buildings, or other place of public gatherings, the sufficiency in number of
other such services in the City of Middletown; the health, safety and general
welfare of the people should be considered.
- 44.08.02 CHILD CARE FACILITIES- Child
care facilities are permitted subject to the regulations of the zone in which
they are located and in addition to the conditions hereunder:
- Provide at least
thirty-five (35) square feet of interior play space per child;
- Provide at
least one hundred (100) square feet of exterior play space per child;
and all other possible disturbing aspects connected with the operation of such
use shall be enclosed, screened or otherwise controlled to the extent that the
operation of any such use shall not unduly interfere with the use of properties
or streets in the surrounding area;
- School buses shall be garage or stored in
an enclosed area, properly screened and to the rear of the main building only.
- There shall be buffering between outdoor play areas and parking adjacent to
industrial or commercial uses.
- A child care facility may include a
residential unit for the owners/operators own use. (Addition 2/1/85)
EDUCATIONAL PUBLISHING ORGANIZATION USES- Educational Publishing Organization
Uses are permitted subject to the regulations of the zone in which they are
located, in addition to the conditions hereunder:
- Operations are primarily
editorial and administrative in its character;
- Operations shall not be used
for final production or manufacturing of finished products, printed or
otherwise, or as a retail outlet for any products;
- Operations shall not
produce any activities which would create any noise or nuisance at any time:
That the location for educational publishing organization uses are located to
conform to the following minimum requirements:
LOT AREA: Five (5] Acres
One hundred (100) feet in the front yard; side yards shall each be seventy-five
(75) feet; rear yard one hundred (100) feet.
- 44.08.04 FRATERNITY AND SORORITY
USES- Fraternity and Sorority uses are permitted subject to the regulations of
the zone in which they are located:
- That the maximum density shall not exceed
thirty-five (35) persons per acre.
- That the location for fraternity and
sorority uses are located to conform to the following minimum requirements:
AREA: Twenty thousand (20,000) square feet;
YARDS: Forty (40) feet from the
front property lines; the side yard twenty-five (25) feet; rear yard twenty-five
- 44.08.05 GOLF COURSE, COUNTRY CLUB, PRIVATE CLUBS SERVICE
ORGANIZATION, INCLUDING COMMUNITY BUILDING AND SIMILAR RECREATIONAL USES-
Privately owned and/or operated, are permitted subject to the regulations of the
zone in which they are located in addition to the conditions hereunder:
the proposed use will not constitute a nuisance because of noise, traffic,
number of people or type of physical activity.
- That the only provision for
food, refreshment and/or entertainment is for club members and their guests.
- 44.08.06 HOSPITAL AND MEDICAL AND DENTAL CLINIC USES-
- The location of the
facility shall be compatible with the neighborhood in terms of traffic, noise,
and number of patients/clients cared for. The facility shall also be compatible
with is setting in scale, material, and design.
- That the site location for
hospital, medical, and dental clinic uses are located to conform to the
LOT AREA: Five (5) acres;
hundred (200) feet;
YARDS Fifty (50) feet from the front property line; each side yard
shall be three (3) times the height of the tallest building located on the lot
which is proximate to the side yard, but no less than seventy-five feet; rear
yard one hundred (100) feet.
MEDICAL AND DENTAL CLINIC
LOT AREA: Forty thousand (40,000) square feet;
FRONTAGE: Two hundred (200) feet;
YARDS: Forty (40)
feet from the front property line; the side yard shall be two (2) times the
height of the main buildings but not less than fifty (50) feet; rear yard fifty
- 44.08.07 HOUSING FOR ELDERLY OR PHYSICALLY HANDICAPPED PERSONS USES-
are permitted subject to the regulations of the zone in which they are located
in addition to the conditions hereunder:
- That the maximum density shall not
exceed thirty-five (35) persons per acre;
- That the location for housing for
elderly or physically handicapped person uses are located to conform to the
following minimum requirements:
YARDS: The side yard twenty (20) feet; rear yard
twenty (20) feet;
- Storage of a stock in trade or sale of commodities on the
premises shall not be permitted;
- That no name plate or sign shall exceed one
hundred (100) square inches in area.
- 44.08.08 PROFESSIONAL AND BUSINESS OFFICE
- Professional and business office uses shall be limited to accountants,
architects, engineers, dentists, physicians, podiatrists, chiropractor, lawyers,
real estate and insurance agents, psychologists, osteopaths, surveyors and office business
machine sales/service facilities. (Amended effective 2/28/95)
- 44.08.09 NEIGHBORHOOD STORE USES- are permitted
subject to the regulations of the zone in which they are located in addition to
the conditions hereunder:
- A neighborhood store shall provide only limited
convenience goods and services, such as groceries and related goods; baked
goods, drugs or cosmetics; barber or beautician services; self-service laundry
(which is closed between the hours of 10 PM to 7 AM); tailoring, shoe repair;
tobacco or news; and accessory uses, customarily incidental thereto shall occupy
no more than twenty-five (25) percent of the gross floor area of the
- The Commission shall find that space for such use is not
available in nearby areas which are zoned for business, and that such new use or
expansion of an existing use is necessary to serve the immediate neighborhood
adequately with convenience goods or services; hereinabove described, giving due
consideration, among other things, to the character of the neighborhood, the
density of development, the shopping habits of neighborhood residents, and the
availability of public and private transportation. The clustering of two or more
uses of diverse types, rather than scattering of such uses, shall generally be
regarded as an advantage, but the existence of a use of the same type as one
which is proposed shall require a more extensive showing of necessity for the
proposed use. As a general rule, clustering of uses shall not exceed ten
thousand (10,000) square feet of net floor area for all uses in a cluster;
The net floor area uses for sales or other business purposes in any
establishment (excluding space used for storage and similar purposes) shall not
exceed one thousand five hundred (1,500) square feet;
- Business shall be
conducted, including storage of goods, materials or equipment in a fully
- That no name plate or sign shall exceed one hundred (100)
square inches in area;
- Establishment of the "drive-in" type, offering goods
or services directly to customers waiting in parked vehicles shall not be
- 44.08.10 NATURAL RESOURCE EXTRACTION-
- PURPOSE OF REGULATING- To
- safe and orderly surface extraction of natural resources
including: topsoil; peat; sand; gravel; clay; stone; ores; metals and minerals
- to provide a mechanism to assure the application of Code requirements
related to the "Soil Erosion and Sediment Control Act" for land uses that have no
actual construction involved and
- for the reclamation, or restoring, of the
land after extraction has taken place. (Note: See Sec. 10.09 Environmental
Responsibility in Zoning Code for P.A. 83-388 "Soil Erosion and Sediment Control
- APPROVAL REQUIRED- No extraction shall be undertaken, unless herein
specifically exempted, until approval of the Commission has been given.
EXCEPTIONS TO THESE REGULATIONS- Activities involving the removal or extraction
of surplus topsoil, peat, sand or gravel for legitimate agriculture,
construction or landscaping operations need not comply with the provisions of
- EXTRACTION LEGALLY UNDERWAY AT TIME OF REGULATIONS- Operations
involving natural resource removal legally in existence at the time of passage
of these regulations may continue for a maximum period of one year. During that
time application for Commission approval shall be made following these
regulations. Operations for which approval application is not made and received
shall be in violation of this Code.
- PROCEDURE- The extraction proponent shall
file an application to the Commission including required fee and compliance
assurance. The Commission shall hold a public hearing on the application
following procedures set forth in the General Statutes.
- APPLICATION- Twenty
identical copies of an application shall be submitted consisting of text and
graphic material setting forth the proposal for extraction and reclamation, in
terms of criteria set forth herein, for a proposed operating site. Each
non-contiguous proposed operating site requires a separate application.
material shall include maps which meet the specifications of Section 55 Site
Plan Approval Requirements of this Code and other information required in these
regulations. The site shall be shown on the City's map titled, "Topography Map
of the City of Middletown, CT Showing Drainage Systems and Inland Wetlands
Superimposed: at the scale of 1" = 100', date of photography April 17, 1980, or
a later revision.
If necessary the contours shown in the City Map shall be
corrected to reflect the current status from a field survey made by a CT
registered land surveyor. The property boundary shall be drawn to the accuracy
of Class A-2 as recommended by the Connecticut Association of land Surveyors,
Inc. as stated in that organization's most recent publication.
be included, both vertical and oblique, annotated to show significant
The graphic presentation shall clearly shown the conditions which
exist at the time of an application including water course and impoundments,
roads, buildings, wells, and construction, utility lines and right-of-ways and
areas intended to be disturbed outlined in acre units. The proposal for
reclamation, or restoring of an land after extraction has taken place shall be
clearly shown. Information may be shown on separate maps for clarity, if
The ownership of all parcels proposed to be involved in extraction
and the ownership of all contiguous parcels shall be shown.
- CRITERIA DURING
- At no time shall resource removal take place nearer than fifty
feet to a street line or a perimeter property line except where the existing
grade is above the grade of the abutting street or property.
- No physical
damage shall be inflicted to adjacent public or private property.
drainage shall be maintained throughout the project area during the entire
- Excavations of more than six feet in depth within a 1,000 foot
distance of a residence shall be fenced with woven wire or similar material not
less than four feet high.
- Road, storage areas and yards within 500 feet of a
residence or public street shall be paved, treated or watered so as to minimize
dust. Access routes over public streets to excavation areas shall be selected to
minimize intrusion into residential neighborhoods.
- Equipment used in an
extraction area shall be maintained and operated in such a manner as to minimize
noise, vibration, smoke and dust.
- No waste products or process residues from
an extraction area shall be disposed of in any stream or other natural drainage
system without proper approved treatment.
- Overburden shall be stockpiled in
rows or concentrated piles and stabilized in an acceptable manner so that it
does not become a source of dust beyond the applicant's property.
overhanging banks shall be created during the extraction process.
- No stone
crusher or other machinery not required for actual extraction shall be used
except in an Industrial Zone.
- CRITERIA FOR RECLAMATION- Disturbed areas shall
be reworked and graded to a rolling topography with no slope greater than two
feet horizontally and to one foot vertically and conditioned to make suitable for
productive use including forestry, grazing, cropping, wildlife, recreational and
building sites according to approved reclamation plan which shall include
placement of vegetation species as practical as determined with the aid of the
Soil Conservation Service.
The process of reclamation shall proceed concurrently
where feasible or immediately following the completion of the extraction
activity in an orderly manner.
- COMPLIANCE ASSURANCE- Approval shall not become
effective until the applicant has provided a surety bond of $5,000 for each
acre, or portion of an acre, of land to be disturbed by extraction or storage of
soil or rock material. This bond shall be issued by a company located in
Connecticut. The bond shall guarantee to the City of Middletown, as determined
by the Commission, that upon termination of the extraction operation the surface
of land shall be restored in conformity with the approved reclamation plan. Upon
such satisfactory reclamation, as approved by the Commission, the bond shall be
released to the applicant.
Any required report or the extension of a project
approval period shall include assurance that any required bond is still in
effect. The insurance company shall notify the City of Middletown in the event a
surety bond is terminated for any reason other than Commission approval.
FOR APPROVAL OR DENIAL OF APPLICATION- The Commission may approve an application
upon finding that: (a) the requirements of the regulations set forth herein will
not be violated by the proposed operation; (b) the applicant shall correct any
and all violations and incomplete work remaining from any prior authorized
In its evaluation of an application the Commission may consult with
person and/or agencies with specialized knowledge or authority in the field of
natural resource removal and the restoration, reclaiming the reuse of areas
disturbed by such removal.
- APPROVAL TIME PERIOD-
- Approval for extraction of
natural resources may be granted for a length of time not to exceed two years.
- Upon application of the petitioner extension of an approval period may be
granted for one additional time period, equal to the original, without a
complete new application by the petitioner.
- APPLICATION FEE- Application fee
shall be $100.00 multiplied by the number of acres, to the nearest whole acre,
proposed to be disturbed by extraction or storage of soil or rock material as
established for Compliance Assurance for up to ten (10) acres. The fee for areas
beyond ten acres shall be $50.00 per acre up to twenty acres. The fee for more
than twenty acres shall be $25.00 acre.
The application fee shall be for the
time approval period established and each application or extension shall require
a separate fee.
- 44.08.11 PUBLIC UTILITY BUILDINGS AND STRUCTURES-
The above use is
permitted in all zones as a Special Exception Use in Item 60.02.11. (Effective
- The proposed
facility is needed to provide service to the public.
- The facility and its
accessory elements shall be suited in accordance with the regulations of the
zone in which it is located or as modified to minimize any adverse impact on the
existing community in which the facility is proposed to be located.
Facilities included in the Public Utility Buildings and Structures category
include: buildings for housing of switching equipment; parking and enclosures
for service vehicles; indoor and outdoor storage areas for equipment and
material; buildings for personnel offices related to the utility services being
provided by the installation and related off-street parking.
- 44.08.12 DRIVE-UP FACILITIES- Drive up banks and car wash facilities
require off-street approach land of 200 feet for each teller window or wash
stand not to conflict with parking spaces.
- 44.08.12A DRIVE-THROUGH BUSINESSES- Drive-through businesses shall be permitted by special permit in
every zone only if each of the following conditions are satisfied:
(Section added effective 3/15/2003)
- There shall be an off-street approach lane of 200 feet for drive-through facilities which shall not
conflict with parking spaces;
- There shall be adequate internal and external traffic circulation in order to promote traffic safety.
In determining the adequacy of the circulation, the Commission may consider the number of curb cuts and the orderly flow of
traffic entering and exiting the site. With respect to corner lots, the exits of the site shall be located on the
less busy or secondary street and at least 100 feet from the intersection. If the lot has frontage only on one street
then the applicant shall make road improvements, as deemed necessary by the Commission, to promote the safe
exiting of vehicles; and
- Minimum lot area: one acre;
- Minimum lot width: 150 feet;
- The site plan shall contain suitable landscaping which shall include maintenance of a suitably landscaped area
between the drive-through business and any contiguous lot in a residential zone.
- 44.08.13 GASOLINE FILLING STATION-
(Section amended effective 3/1/98)
- The location of a gasoline filling station shall be subject to the approval of the
Planning and Zoning Commission and the use of said gas filling station is limited to the
retail sale of motor fuels, lubricants and other motor vehicle supplies and parts. The
permitted use is further limited to minor repairs and service activities, excluding body and fender
work and repairs or limited repairs as specified in Section 14-51, Chapter 246 of the General
Statues. Accessory parking and storage of motor vehicles is hereinafter limited.
- No more than one motor vehicle for every 1,000 square feet of lot area shall be stored outside
at any time, and there shall be no outdoor storage of partially dismantled or wrecked motor vehicles.
The Planning and Zoning Commission may also limit the amount of overnight parking and require suitable
fencing to protect surrounding properties.
- The site of a gasoline filling station shall have frontage of at least 150 feet on a
public street and shall have a depth of at least 100 feet, except where larger dimensions are
set forth for the particular zone the proposed site is located in. Gasoline filling stations
designed to serve trucks larger than five ton capacity shall have a lot width of at least 300 feet.
- Fuel pumps shall be set back from the street line at least 25 feet. All other buildings and
structures, except underground storage tanks, shall be set back at least 45 feet from the street
line, ten feet from each side line, and 20 feet from the rear lot line, unless larger front or side
yards are required in the particular zone the proposed site is located in. All buildings and
structures shall be set back at least 50 feet from the side lot line of a contiguous lot in a residential
zone. A suitable landscaped area at least 10 feet wide or 6 feet high, stockade type wooden fence,
with finished side facing any residential zone shall be maintained between a gasoline filling station
and a contiguous lot in a residential zone. Such landscaping or fencing shall not be located closer
than 10 feet to the street line. Maximum building coverage shall be limited to fifty per cent (50%) of
the site area.
- There shall be not more than one driveway for each 50 feet of street frontage. Such driveway
shall not be more than 35 feet wide, and not less than 20 feet wide at the curb line; shall be no
closer together than 15 feet at the curb line and shall be at least 20 feet from any intersection
of public streets. All driveways, parking or standing areas shall be permanently improved with
a paved surface.
- Storage tanks for gasoline or other motor vehicle fuels shall be located underground in compliance
with pertinent local and State codes and regulations.
- A gasoline filling station shall be no closer than 500 feet from any building or place of public
assembly such as a church, hospital, library, school, community house, playground or theater,
provided, however, that this standard shall not apply if the gasoline station shall have
been established prior to any such place of assembly. No gasoline filling station shall be erected near any
building or premises used for such purposes on any part of any lot used or proposed to be used for the
within stated purposes. There shall be no outdoor display of motor vehicle accessories, tires,
or any other merchandise, except that motor oil for servicing motor vehicles on the premises
may be displayed on racks, designed therefore, immediately adjacent to the service station building
or the filling pumps. There shall be no dumping of waste materials, such as grease or oil, except
in a closed underground receptacle at a place and of a design approved by the Planning and
Zoning Commission. Debris and trash shall be deposited in receptacles maintained therefore.
- There shall be no residence or sleeping quarters maintained in any gasoline filling station.
- The use of pennants, streamers or other moving eye-catching devices shall be prohibited
except in cases of the opening of a new station, the reopening of a station that has been closed
for a period of thirty days or more, or a change in station's major dealer or supplier, and
then only for a period not to exceed 30 days and after issuance of a permit by the Zoning Enforcement
Officer. The sign provisions of Section 48 shall apply except that small credit card, direction, telephone
or similar public convenience signs shall not count toward permitted sign area.
- As an accessory use the limited sale of retail, convenience items shall be permitted at a gasoline
filling station, subject to the following conditions:
- All foods sold shall be pre-packaged and there shall be no food preparation on-site,
with the exception of beverages, which may be prepared subject to the approval of the Health
- As an accessory use, a maximum of 500 square feet of space may be utilized for the display of
retail merchandise within the station and retail, convenience merchandise shall not be displayed
or advertised outside the filling station building.
- A minimum of three accessory parking spaces shall also be provided. Said spaces shall be in addition to the pump
areas and shall be for the convenience of patrons.
- As an accessory use to a gasoline filling station, an unattended car wash shall be permitted,
subject to approval of a Special Exception by the Planning and Zoning Commission and to the
following conditions and standards:
- The car wash shall be limited to one bay with a maximum of four coin operated vacuums.
- The car wash shall be equipped to recycle water to minimize the use of water and equipped
with water treatment facilities.
- All waste water, after treatment, shall be discharged into a sanitary sewer system.
- The property shall have a water supply sufficient to support the car wash.
- There shall be sufficient unmarked stacking or queuing spaces in front of the entrance of the
car wash facility which do not interfere with on-site traffic flow. There shall be a sufficient
length of driveway space between the car wash exit and any point of internal traffic circulation on
- The car wash shall be equipped with a drain system in the car wash exit driveway to maximize
capture of water drip off from washed vehicles.
- The applicant shall demonstrate to the satisfaction of the Commission that lighting, buffer
areas, noise level, environmental controls including waste water recycling, sludge and
sediment handling, and internal vehicular circulation shall be adequately provided for and/or
controlled, and that there are no adverse traffic impacts on public roads, to ensure conformance
with the standards applicable to special exception uses.
PERMANENT YEAR ROUND FARM MARKETS- may be approved by the Commission provided they meet all
of the following conditions:
(Section adopted effective 6/1/01)
- The market shall be on the premises of, and accessory to, an active farm of at least
20 acres which abuts a state highway.
- At least fifty (50%) per cent of the products sold each year, based on gross dollar sales,
shall be grown or produced on the premises where the market is located or elsewhere in Middletown
or in immediately surrounding areas except in case of weather conditions due to an act of god.
- Products and services which may be sold shall include dairy and food products primarily from
products grown or produced on the premises or elsewhere in Middletown or immediately surrounding
areas; farm bakery products; coffee service station; cider, juice and soda; vegetables, fruits;
flowers; seasonal farm products (such as honey, maple syrup, jams dried fruits and candy);
seasonal crafts (such as wreaths, baskets, ornaments, flower pots); pick your own vegetables and
fruits; pre-cut Christmas trees, and horticultural supplies.
- Accessory uses shall include greenhouses, hay rides, farm animals petting zoo, and farm and
craft related seminars.
- Buildings shall meet yard requirements of the zone.
- Adequate off street parking shall be provided but in no event less than one (1) space for
each 300 square feet of gross building area of the market.
- The market shall be located either within an existing farm structure or a separate
farm-like structure compatible with the neighborhood.
ELEEMOSYNARY AND PHILANTHROPIC INSTITUTIONS- subject to the following minimum
area, frontage and setback requirements;
- Total Area: 25,000 square feet;
Frontage: 150 feet;
- Yards: 35 feet from the front property line; Each side
yard shall be two (2) times the height of the tallest institutional building
located on the lot which is proximate to the side yard and the rear yard shall
be forty (40) feet.
- 44.08.16 JUNKYARD AND BUILDING MATERIALS SALVAGE YARDS-
subject to the following regulations:
- Shall be located on a site not less
than one (1) acre;
- Be enclosed by wall of brick, stone or other suitable
material as determined by the Board, not less than eight (8) feet in height;
The front wall shall be located on the building line but not less than
twenty-five (25) feet from the front lot line;
- The front yard shall be open
and unobstructed except for the off-street parking of private automobiles only.
- 44.08.17 MOTEL, TOURIST COURT AND AUTO LODGE- subject to the following
- Not more than twenty-five (25) percent of the net area of the
lot may be covered by buildings;
- All parking areas and driveways shall be
paved with concrete or asphaltic surfacing;
- Shall not have dwelling units
closer to the highway right-of-way than fifty (50) feet;
- Shall not permit
more than ten (10) percent permanent occupancy;
- Shall comply with all area
and yard requirements prescribed for such uses in the zone in which located;
No vehicular entrance to, or exit from any motel, or motor hotel, wherever such
may be located, shall be within two hundred (200) feet along streets from any
school, public playground, church, hospital, library or institution of
dependents or for children, except where such property is in another block or
another street which the premises in question do not abut;
- All areas not used
for access, parking, circulation, buildings and services shall be completely and
permanently landscaped and the entire site maintained in good condition;
enlargement or extension or any existing motel or motor hotel shall require
application for a Zoning Certificate, as if it were a new establishment.
- 44.08.18 READY-MIX CONCRETE PLANT- subject to the following regulations:
be located on a site not less than one (1) acre;
- The plant shall not be
located less than two hundred (200) feet from a residential use nor less than one
hundred (100) feet from any other uses;
- All material shall be so enclosed as
to eliminate air pollution beyond the limits of the lot on which the operation
- The front wall or fence shall be located on the building line but
not less than twenty-five (25) feet from the front yard shall be open and
unobstructed, except for the off-street parking of private automobiles only.
- 44.08.19 RESTAURANT OR LUNCHROOM- subject to the following conditions:
shall be clearly demonstrated by the Applicant, that such use is necessary for
the service and convenience of the employees of the industrial zone in which it
is located; is designed primarily for the service of employees in the zone, and
will not constitute a nuisance to uses in the zone or any adjacent zone because
of the generation of traffic, noise, odor or other factors;
- Business shall be
limited to the dispensing of food, normally associated with lunchrooms;
lunchroom, together with the principal use of the lot, shall be located in a lot
having a minimum of a two hundred (200) foot frontage on a primary industrial road,
arterial road, or major highway, and shall be conveniently and centrally located
in relation to the industrial area intended to be served.
- No lunchroom in the
zone shall be located within two hundred (200) feet of any residential zone;
No curb service or service through outside windows shall be permitted.
TAXI CAB STAND- subject to the following requirements:
- All parking areas and
driveways shall be paved with concrete or asphaltic surfacing;
- Shall have
ingress and egress driveways and shall not permit backing onto adjacent
- Shall park vehicles and operate entirely within said lot;
servicing of taxicabs shall be permitted on the premises such as dispensing
gasoline, oil, etc.
- 44.08.21 MULTI-FAMILY DWELLINGS CONTAINING THREE (3) OR MORE
DWELLING UNITS- subject to the following requirements:
- Streets shall be so
designed as to discourage through traffic on the site.
- Parking spaces shall
be within one hundred fifty (150) feet of any commonly used entranceway for
such dwelling units.
- Buildings shall be so designed as to avoid monotonous
patterns of construction or repetitive spaces or modules between buildings.
Access and circulation ways shall be designed to permit fire fighting equipment,
furniture moving vans, fuel trucks, refuse collection, deliveries and snow
removal to operate in safe and efficient manner.
- The Commission may require
the street system to connect two (2) or more existing abutting streets in order
to provide for a safe and efficient area circulation system except where
topography or other physical considerations do not permit such streets or where
such street connections would adversely affect the area.
- Usable open space
(as defined in Item 16.21.01) shall be provided at the ratio of 400 square feet
for each bedroom in the project or each unit without separate bedrooms. The open
space shall be in square configuration. The open space shall be equipped with
recreational equipment specifically related to the proposal occupancy of the
units, i.e. benches, game tables, sand boxes, swings, climbing apparatus etc.
Structures existing prior to 1976 may be converted to multi-family dwellings
without providing the open space required for new structures.
- For any
proposed development over fifty (50) dwelling units feasibility information
shall be submitted citing the need for the proposed development in terms of the
housing supply and estimated demand. Information submitted shall include:
The proposed rental schedule
- The income levels of proposed occupants.
Parking arrangement as required in Section 40.
- 44.08.22 CONVERSION OF EXISTING
RESIDENTIAL BUILDING TO A DIFFERENT NUMBER OF DWELLING UNITS-
- In addition to
site plan requirements specified elsewhere in this Code the applicant shall
submit preliminary drawings, prepared by a registered architect, showing the
building plans and elevations as currently existing and as proposed after
- Off-street parking shall be provided in accordance with Section
40 of this Code as per specific spaces required for Urban Living Units.
Requirements of the zone in which the building is located may be waived by the
Commission if not specifically included herein above.
- Any proposed new
addition to be constructed as part of the conversion proposal shall be limited
to twenty-five percent of the gross floor area of the old existing building.
- 44.08.23 ALCOHOLIC LIQUOR ESTABLISHMENTS- Are special permitted uses in the B-1 and
B-2, and NPC zones subject to all regulations of those zones and:
- Building and site
shall meet criteria of the Connecticut Liquor Control Commission.
- The entrance to the building shall be not less than fifteen hundred
feet, measured in a direct line, from the entrance of any other seller alcoholic liquors as
defined in Section 16.01.04. (Amended effective 8/25/05)
- 44.08.24 AUTOMOBILE, TRUCK, TRAILER, FARM IMPLEMENTS AND SIMILAR AUTOMOTIVE
EQUIPMENT SALES, NEW AND USED- and closely associated service facilities as part
of the sales operation may be a permitted use in an I-2 zone under the following
- Site shall front on and have direct access to a State Highway;
Lot area shall be one acre or more;
- Lot frontage shall be two hundred (200)
feet or more.
- 44.08.25 BUS-STOP PASSENGER SHELTERS-
- Shall be proposed by the
Middletown Transit District.
- Shall not include any signs not directly
related to the bus system unless located in a zone which permits outdoor
- 44.08.26 HISTORIC AND/OR ARCHITECTURAL PRESERVATION SITE AND
- The site, building or structure proposed shall be included in the
Middletown Survey of Historical and Architectural Resources conducted by the
Greater Middletown Trust, dated 1979, as either inventoried or notable
buildings. (Effective 8/1/84.) Other buildings and structures may apply under
this section provided that it is determined by the Greater Middletown
Preservation Trust, or another qualified professional selected by the
Commission, that the building meets the survey criteria and that the proposed
reuse is compatible with the historic character and fabric of the building.
(Amended effective 10/15/90)
- Permitted use of a site and structure shall be
harmonious with the physical characteristics and originally designed use of the
structure: i.e. a structure designed for a residence may be used as an office.
- A written agreement shall be filed with the Commission stipulating that the
exterior of the structure and the site will be restored and maintained in
accordance with the historic time period the structure is identified.
- In the
event the proposed historic preservation structure is located in a fire district
with which its material of construction are incompatible application, via the
Commission, shall be made to the legislative body to change the boundaries of
the fire district so that the Historic Preservation Zone is designated as
outside fire limits in terms of the State Building Code. The proposed Historic
Preservation structure shall not be less than thirty (30) feet from any
structure in a contiguous fire district.
- Off-street parking requirements for
architecturally and historically significant buildings with adaptive uses may be
modified when a proponent can show:
- needed off-street parking is or could be
available in the vicinity and;
- the economic feasibility of the project
depends on the waiving of some or all of the off-street parking requirements.
All proposals under this category shall submit a narrative, and for major
projects architectural renderings, explaining how the applicant intends to
renovate and preserve the historic facade and overall historic character of the
building. All proposals may be referred to the Middletown Preservation Board for review
and comment. The Preservation Board's comments shall be purely advisory. (Added effective 10/23/91)
- 44.08.27 REAR LOTS- are a Special Exception use provided that the applicant shall prove to the
satisfaction of the Commission that the land characteristics and physical site
conditions make such rear lot development practical, reasonable and desirable;
such rear lot development will be in harmony with the purpose and intent
of the Plan of Development and will comply with all applicable codes,
regulations, and ordinance and shall meet the following specific requirements:
- Be located in an R-45 or R-60 residential zone. (Amended effective 6/13/03)
- Be used only for a
single family residence.
- Not less in area than twice the required size of a
lot for the zone the proposed rear lot is located in except that no rear lot must
be greater than 80,000 square feet.
- An access strip, in the same ownership as
the rear lot, shall have a width not less than twenty-five feet on a city
- Not be separated from a City street by more than the depth of one
front lot which is not less than the size of a lot required by the Code.
shape shall be that a rectangle the required size of a front lot shall generally
fit within the proposed rear lot configuration.
- For building yard
requirements the property line closest to the City street from which access is
obtained, not including the access strip, shall be designated as the front line.
- Set-back requirements shall be twice those required in the zone for standard
- There shall not be more that two access strips adjacent to each other.
- Dwellings shall be connected to City water and sewer facilities, when
constructed, if those facilities are not available, the Department of Health must
approve the proposed lot for an on-site well and septic system prior to the
lot's approval by the Commission
- The grade of the access strip shall not be
more than four percent for a distance of fifty feet from the City street.
Electric and other utility service lines shall be placed underground if they are
underground along the City street.
- 44.08.28 TWO (2) FAMILY OR SINGLE FAMILY
DWELLINGS ON LOTS OF RECORD IN AN RPZ ZONE-
- A two (2) family dwelling may be
constructed on any lot of record in an RPZ zone provided that:
- The lot has a
frontage of at least fifty (50) feet. (Revised effective 11/1/88)
- The lot
has an area of at least 7,500 square feet.
- The site is served by City water
- Where the applicant shall prove to the satisfaction of the
Commission that the land characteristics and physical site conditions make such
development practical, reasonable and desirable and such development will be in
harmony with the purpose and intent of the Plan of Development and shall comply
with all other applicable codes, regulations and ordinances, the Commission may
approve a two (2) family or single family dwellings on any lot of record in an
RPZ zone having no frontage or less than fifty (50) feet of frontage, provided
- The lot has an area of at least 7500 square feet.
- The lot is
served by City water and sewer.
- If the lot has not frontage on a public
street, it shall have a permanent recorded easement at least 25 feet in width
which provides unrestricted access by foot and by vehicle to a public street.
- In no event shall any such lot have less than 25 feet of frontage on a
public street or, in lieu thereof, a 25 foot permanent recorded easement
providing unrestricted access by foot and by vehicle to a public street (Amended
- 44.08.29 CARE/NURSING HOME USES-
- The location of the facility shall be compatible with
the neighborhood in terms of traffic, noise, and number of patients/clients cared
for. The facility shall also be compatible with its setting in scale, material
- Each applicant must submit a description of its purpose and
- All care/nursing homes must connect to public water/sewer.
- The site of the care/nursing home must conform to
the following requirements:
LOT AREA: 500 square feet per person.
YARDS: Same as in Residence zone which determines the lot area.
- 44.08.30 BED AND BREAKFAST USES-
- The facility must connect to public water and
- The size of the bed and breakfast must conform to the
In order to limit the
intensity of the use in an RPZ zone this use is restricted to legal lots of record
with less than 10,000 square feet and further the home must be owner occupied
and of a bed and breakfast character, as defined below.
AND BREAKFAST LOT AREA: 2,000 square feet per rented room
- FRONTAGE AND YARDS:
Same as in Residence zone which determines the lot area.
Bed and Breakfast Character is defined as: An
owner occupied private residence containing no more than five (5) guest rooms
with a maximum of two persons per room for lodging by pre-arrangement for
periods not to exceed two (2) consecutive weeks and providing for only
In order to maintain this character the following must be complied with:
- The bed and breakfast must maintain the appearance of a residential dwelling;
- The signage shall be kept to a minimum and in no case shall exceed 8 square
- All applicable state and local codes and ordinances must be complied
with or the special exception use shall be revoked in accordance with Section
44.07 of this code; and
- In order to insure compliance, the owners of such
facility must annually, on or before February 1, obtain a permit form the
Zoning Enforcement Officer. Prior to issuing said permit the enforcement officer
shall request reports from officials charged with the enforcement of Health,
Fire and Building Codes. Also the owner shall provide the Zoning Enforcement
Officer with a written
statement that he/she is in compliance with all Special Exception criteria.
(Section amended effective 6/5/09)
- 44.08.31 DELETED- (Amended effective 5/1/97)
- 44.08.32 SOLID
WASTE DISPOSAL FACILITY AND AREA-
- A Solid Waste Disposal Facility or Area
shall meet all requirements of the Connecticut Department of Environmental
- The proponent shall submit the following information about the
- The waste types and quantity to be handled at the facility and/or
placed in the area;
- Ground and surface water conditions:
- Geology, soils,
and topographic features:
- Transportation methods and routes to the areas;
- The social, geographic and economic impact of the facility or disposal on
the contiguous neighborhoods;
- Potential nuisance conditions.
- Solid Waste
Facilities shall not be allowed over an aquifer or at any location where they
might adversely affect an aquifer.
- The Commission may require evaluation
reports from relevant professionals, including but not limited to geologists,
hydrologists, and soil scientists.
- 44.08.33 RETAIL SALES AND/OR RENTALS OF USED
- The site shall have a minimum frontage of 100 feet along a
directly accessible state highway.
- The site shall have a minimum area of
18,000 square feet.
- In the event that abutting land(s) shall have building(s)
thereon used for residential purposes, the facility shall be screened by
appropriate plantings or fencing so as not to be visible from said buildings(s).
- Automobiles shall be parked or stored on the site no closer than ten feet to
any property line.
- The facility shall be lighted in such a fashion that
illumination is not directed onto abutting properties.
- There shall be no use
of an exterior sound system or paging system on the site.
- It is the specific
intention of this special exception that the use of the property as a used
automobile retail sale and/or rental facility not be the first use of property
for such purpose(s) within the general neighborhood. Accordingly, before any
special exception may be granted, there must exist within a one-half mile radius
of the property lines of the property a facility which sells used automobiles
and/or rents automobiles to the general public.
- In order to limit the intensity of this use, there shall be no more than eight (8)
cars displayed for sale on the site at any given time (Revised effective 2/1/92).
- 44.08.34 VETERINARY HOSPITALS/PRACTICE-
- The site shall have a minimum of five
- The facility shall be lighted in such a fashion that illumination
is not directed onto abutting properties.
- The location of the facility shall
be compatible with the neighborhood in terms of traffic, noise and number of
animals cared for. The facility shall also be compatible with its setting in
scale, material and design.
- Noise and other possible disturbing aspects
connected with the operation of such use shall be enclosed, screened or
otherwise controlled to the extent that the operation of any such use shall not
unduly interfere with the use of properties or streets in the surrounding area.
(Added effective 7/11/90)
- 44.08.35 CLUSTER DESIGN TO PRODUCE OPEN SPACE
SUBDIVISIONS PURPOSE- The purpose of the open space subdivision provision in the
Zoning Code is to encourage and allow for creative and more flexible site
planning and building placement and more efficient and economical land
development. Furthermore, the provision is designed to provide for greater open
space preservation and/or conservation and enhancement of the
sites existing natural features and resources.
As a means of achieving the above
stated purpose, variations in the existing regulations may be allowed. The
following regulations and requirements may be varied or reduced:
PROCEDURE: Applicants proposing open space subdivision are strongly encouraged
to meet with the Director of Planning and/or the Environmental Planner to
discuss which type of subdivision (open space or conventional) would be the most
suitable for the area and consistent with the purposes of the city's
frontage (Max 50% reduction);
- lot area (Max 50% reduction);
- lot shape
- yard and setback requirements (Max 50% reduction);
length - dead end streets (no greater than 2000 ft);
- sidewalk requirements.
However, if the applicant proceeds with the open space subdivision
option the Commission expressly retains the right to make the determination as
to which type of subdivision would be the most suitable for the area and
consistent with the purpose of these regulations.
Upon formal application to
the Planning and Zoning Commission and a public hearing thereon, the Commission
may grant special exception approval and subdivision approval of an open space
In addition to the general special exception criteria in Section
44.04 of the Zoning Code, the Commission shall find, when applicable, the
REQUIREMENTS: Plans and supporting material shall be presented for the entire
tract containing the information as specified in Section 4 of the Subdivision
Regulations. The design of the open space subdivision shall be effectuated by a
registered professional group of the following, but not limited to, Landscape
Architects, Engineers, Land Surveyors, and environmental professionals. In
addition to the requirements in the Subdivision Regulations formal submission of
the proposal shall include the following:
- the specific purposes of the cluster design are being achieved;
- any and all impacts on natural environmental systems such as wetlands,
aquifers, watercourses, and vegetative and wildlife communities have been
- there exists the presence of land characteristics which the
commission considers favorable for development of an open space subdivision;
the proposal will provide for future park and recreational areas including
- the proposal will not provide for buildings whose silhouettes
interrupt the natural, unbroken flow and character of Middletown's ridge lines;
- To the maximum extent possible the proposal shall minimize excessive and
poorly planned grading for streets and building sites; and
- the proposal will
preserve and protect the city's natural environment by encouraging the permanent
preservation of specific features and lands which, in turn, contribute to the
stabilization and enhancement of residential amenities and values and the
maintenance of the City's and the particular areas existing character.
- a city topography map for the area
with the properties and boundaries superimposed and highlighting areas exceeding 15
percent slope, inland wetlands, flood zones, heavily wooded areas and other
significant natural or man made features of the land;
- a concept plan of the
"Topographic Maps of Middletown Connecticut, Showing Drainage Systems and Inland
Wetlands Superimposed" showing how the property could be realistically developed
using the conventional method of subdivision design;
- A landscape plan for
the entire development showing all features such as streets, sidewalks, trails,
entrance structures, recreational facilities, etc. and sealed by a registered
Landscape Architect as defined in Section 20-367 of the Connecticut General
Statues, Paragraph (3);
- A statement outlining the reasons why the developer
believes that the intent of this regulation would be, or not be, satisfied by
development as an open space subdivision.
DESIGN CONSIDERATIONS: The purpose of this section is to provide some guidelines
for designing a open space subdivision over and above the regulations of the
Zoning Code and the Subdivision Regulations.
- The tract to be
developed shall be not less than ten (10) contiguous acres and must be in a zone
having an R prefix.
- The tract shall be in a single ownership or consolidated
into a single tract by a number of different owners by means of a binding
agreement which will ensure the uniform treatment and implementation of an
overall open space subdivision.
- The frontage of the entire tract on an existing street must be at least one
hundred (100) feet. (Amended effective 6/13/03)
To provide a buffer between an open space subdivision and surrounding
properties, no structure shall be located within 30 feet of the overall
perimeter boundary. The buffer area shall adhere to the standards in the
- Proposed buildings shall be related harmoniously to
each other, the terrain and to the use, scale and proportions of exiting
buildings in the vicinity that have a functional or visual relationship to the
proposed buildings. The Planning and Zoning Commission may require that
buildings be located at the edges of existing fields and open areas and within
wooded areas so as to preserve the open character of a site.
- The total number
of building lots in a open space subdivision shall be no greater than the number
displayed on the concept plan (as required in Standards) displaying how the
property could be developed with a conventional subdivision. The Commission
retains the right to exclude lots from the concept plan which they feel are
undevelopable. However, the commission may permit a reasonable density bonus
equal to a percentage (5% minimum) of the amount of lots derived in the lot
credit calculation provided the required open space is increased by the same
percentage. EXAMPLE: A 20 lot open space subdivision with the required 33% open
space can derive 1 additional building lot (5% of 20 lots) provided the required
open space is increased to 38%.
- Where possible and in conformance with the
Plan of Development public water and sanitary sewer are preferred. The applicant
may use private well and septic systems or community septic systems if approved
by the Health Director if it can be shown that the soils shall be suitable for
long term disposal of sanitary waste effluent.
- Areas to be preserved and
established as open space are to be in accordance with Section 5.17 of the
Subdivision Regulations. In addition, land designated as "Open Space" in an open
space subdivision shall
- equal not less than thirty three (33%) percent of the
- not include any stormwater detention or retention structures;
- be linked with all building lots within the tract by pedestrian walks.
The developer shall develop a
design that portrays an interrelationship of the type of activity )Residential
and open space), the circulation (street and pedestrian paths), and the physical
forms (Residential and natural features) constituting the development.
developer in order to produce an aesthetically pleasing design shall consider
This is an information list only. The effective designer
can produce much more.
- Eliminating constant front yard setbacks (staggering front
yards instead) to avoid monotony, provide for a variegated character of the
- Providing for scenic vista protection;
- The provision of
common driveways to reduce the amount of required site clearance and regrading
- Utilizing open areas such as fields and meadows by integration of the same in
the spatial design of the development;
- Providing for artistically designed
open space furniture and fixtures;
- Providing for pedestrian paths, walking
and exercising, with safety and handicapped accessibility in mind;
for protection of water courses but designed as an integral part of the
- Providing for effective buffering; but not obstructing scenic
- Providing for maximum use of natural light and solar capabilities;
Providing for the maintenance of the visual integrity of hilltops and ridgelines
by siting development so that building silhouettes will be below the ridgeline or
hilltop or if the area is heavily wooded, the building silhouette will be at
lease 10 feet lower than the average canopy height of trees on the ridge or
- Create and maintain the concept of a New England green or "commons"
area within the site.
(Added Effective 6/1/92)
- 44.08.36 LARGE LOT ENVIRONMENTALLY SENSITIVE SUBDIVISIONS
WHICH ALLOW PRIVATE ROADS DEFINITION- A Large Lot Environmentally Sensitive
Subdivision (LLESS) is a subdivision with private roads in the R-45 and R-60
zones which consists of not more than 20 lots all of which meet all zoning and
subdivision regulations with the exception of the specific provisions as
articulated in this section.
PURPOSE: The purpose of the LLESS provision in the
Zoning Code is to encourage and allow for creative and more flexible site
planning and building placement and more efficient and economical land
development. Furthermore, the provision is designed to provide for greater open
space preservation and the preservation and/or conservation and enhancement of
the sites existing natural features and resources.
As a means of achieving the
above stated purpose, variations in the existing regulations may be allowed. The
following regulations and requirements may be varied or reduced;
The primary objective of the LLESS is to allow a more
environmentally sensitive approach to conventional land subdivision by allowing
for the provision of private roads in the outlying rural sections of the city.
frontage (Max 50% reduction);
- lot shape requirements;
- rear yard setback
requirements (max 50% reduction);
- maximum length-dead end streets (no
greater than 2000 ft);
PROCEDURE: The applicant shall follow the procedure as outlined in Section
44.08.35 of this Code. In addition to the general special exception criteria in
Section 44.04 the Commission shall find that the proposal satisfies the criteria
as listed in Section 44.08.35 Procedure with the exception of No. 1. In addition
the Commission shall find that the specific purpose and design objectives of the
LLESS are being achieved.
REQUIREMENTS: The requirements for this proposal shall
be those as articulated in Section 44.08.35 Requirements of the Zoning Code.
STANDARDS: In addition to standards 2, 3, 4, 5, 6, in Section 44.08.35 Standards
of the Zoning Code, the applicant shall adhere to the following:
DESIGN CONSIDERATION: The design
considerations that shall be considered for a LLESS are those articulated in Section 44.08.35
Design Considerations of the Zoning Code. (Added effective 6/1/92)
- The tract to
be developed shall be not less than ten (10) contiguous acres and must be in an
R-45 or R-60 zone, or R-30 zone only where R-45 zoning is required due to water and sewer
requirements (see section 21.05)
(Section amended effective 11/15/2000)
- Areas to be preserved and established as open space are
to be in accordance with Section 5.17 of the Subdivision Regulations. In
addition, land designed as "Open Space" in a LLESS shall:
- equal not less than
fifteen (15%) percent of the total tract; and,
- be linked with all building
lots within the tract by pedestrian walks.
- In order to insure fire safety
residential sprinklers, as reviewed and approved by the Fire Chief for the
particular district in which the subdivision is located, are required in all
homes located within an LLESS.
- Private Roads (a) The City of Middletown roads
and walkway specifications shall not apply to this subdivision provided that the
notices set forth in Exhibits A and B are within the Declaration of Covenants
and Restrictions and affixed to the subdivision map. Further, the composition of
such roadways shall be set forth in a narrative form by a registered engineer at
the time of submission and such engineer shall certify to the Commission that
such composition is a satisfactory composition for the subdivision as submitted.
EXHIBIT A "The roadways are to be maintained by the Association. Middletown Fire
and Police Departments strongly direct that the Association maintains these
roadways for in the event that such Departments could not reach the site of an
emergency because of improper maintenance, the responsibility of such failure
would not be that of the Police or Fire Departments but rather the Homeowners
EXHIBIT B The roads shown hereon and designated as (street name)
will be private roads to be owned and maintained by the adjacent property owners
or an Association of such owners. The City of Middletown will not take ownership
nor maintain these roads unless and until they are improved to meet the
requirements of the City at no cost to the City. (c) Private street construction
shall be sufficient to safely and adequately carry potential future traffic
which shall be determined on the basis of land areas to be served. The sub base
shall consist of gravel, at least 12" in depth after compaction, construction on
the prepared sub base. The gravel shall consist of sound, durable particles of
bank or crushed gravel, free from soft, thin, elongated or laminated pieces and
vegetable or other deleterious substances. The gravel shall meet grading "A"
requirements (Conn DOT Form 813). The gravel shall be spread on the prepared sub
grade and shall be bladed, dragged and scraped to conform to the required
cross-section. All areas of segregated coarse or fine material shall be
corrected or removed and replace with well-graded material. On all road sections
with grades less than 5% shall receive a bituminous surface treatment to prevent
erosion of the surface. Bituminous materials shall be selected from the
following grades: Asphaltic Cutback MC-70 or MC-800; Tar RT-2, RT-4, or RT-6.
The type of bituminous material to be used will depend upon the character and
condition of the surface to be treated, and the season of the yard in which the
work is done. The bituminous material shall be applied at the rate of 3/4 gallon
per square yard. Sand cover shall be spread to provide uniform application in a
amount sufficient to prevent the bitumen from seeping off the surface. When the
surface is in satisfactory condition, it shall be swept clean of all sand
and foreign material and the second application of bituminous material shall be
made at the rate of 1/4 gallon per square yard. Gravel shall be spread on the
bitumen and rolled with a power roller weighing not less than 10 tons. The
gravel for this surface treatment shall meet the following Grading Pass ½" 100%.
Pass 3/8" 85-100%, Pass No. 4 5-30%, Pass No. 8 0-10%, Pass No. 100 0-1.5%.
Installation of the private road surface can be subject to inspection by the
Department of Public Works and certification by a professional engineer licensed
to practice in the State of Connecticut.
The minimum width of such roadways shall not be less than 18 feet.
- 44.08.37 LEAF COMPOSTING AREA-
- A leaf composing area shall meet all the requirements of the Connecticut
Department of Environmental Protection.
- The proponent shall submit the
following information about the proposal:
- Estimate of the volume of leaves to
be handled at site, including the approximate number of trucks exiting and
entering the site daily;
- Facility site criteria, including acreage,
drainage and slope;
- Site constraints, including name of adjoining
properties, wells, septic systems, wetlands, flood plains, ground and surface
water, and depth to bedrock;
- Explanation of the compost pad design and
- Transportation route, access and egress to site;
for drainage, erosion and sedimentation controls;
- Methods for wetting of the
- Procedures for operation and management of the facility;
of operation for the area;
- Potential nuisance conditions and procedures to
mitigate such nuisances;
- Plan for use of the compost.
- The compost area
will not be allowed within 200' of surface water, 100' from the property line,
250' from neighboring buildings and shall have a minimum lot area of three
acres. (Added effective 6/30/92)
- 44.08.38 ADAPTIVE REUSE OF A STRUCTURE FORMERLY USED AS A PLACE OF CONGREGATION FOR MEMBERS
OF A RELIGIOUS FAITH- Existing buildings used primarily as a place of congregation for
members of a religious faith and having a minimum square footage of 2,000 square feet upon
termination of their use as a place of congregation for members of a religious faith may
by special exception be used for professional offices. Said structures are more commonly referred
to as: churches, temples, synagogues, and meeting halls.
(Added effective 5/30/94)
- 44.08.39 MODIFICATION OF FRONTAGE AND AREA REQUIREMENTS ON LOTS ESTABLISHED
SUBSEQUENT TO 1982- In order to allow for more flexibility and compatibility with existing
lots in the development of land in an R-1 Zone located within 1,000 feet of other developed
lots or subdivisions, the Commission may grant a Special Exception to allow new lots and subdivisions
to be developed with new lots having substantially similar frontage area and yard requirements
as existing lots, subject to the following conditions:
- Proposed new lots or new subdivisions shall be within 1,000 feet from the boundary of the
existing lots or subdivision, the frontage, yard or
area of which are being used to determine the frontage, yard and area of the proposed new lots or
- Proposed new lots must have both City water and sewer.
- No new lot shall have a frontage of less than fifty (50) feet nor an area of less than five
thousand (5,000) square feet.
- In the case of any new subdivision or re-subdivision of land, open space, either to be deeded to
the City or to be owned and maintained by a homeowners' association, shall be no less than 40% of
the land being subdivided or re-subdivided.
- The layout and design of lots, roads and open space within any new subdivision shall be
compatible with the design of lots, roads and open space in the existing subdivision within 1,000
feet thereof which is being used as the basis for the requested modifications.
- In the case of any new subdivision or re-subdivision of land, applications may be simultaneously
for the Special Exception set forth herein and for Subdivision Approval under the Subdivision
Regulations of the City of Middletown.
(Added effective 4/30/95)
- 44.08.40 GOLF DRIVING RANGES AND MINIATURE GOLF COURSES-
- The site shall have a minimum of 3 acres for each recreational use;
- Each use shall be lighted in such a fashion that illumination is not directed onto
- The location of each use shall be compatible with the neighborhood in terms of traffic, noise
and number of people permitted to participate in the sport at one time. Each use shall also be
compatible with its setting in scale, material and design;
- All the other possible disturbing aspects connected with the operation of each such use shall
be enclosed, screened or otherwise controlled to the extent that the operation of any such use shall
not unduly interfere with the use of properties or streets in the surrounding area;
- Parking for the miniature golf course shall be minimum one space for each hole;
- Parking for the driving range shall conform with Section 40.04.21 of this code;
- The driving range shall be compatible with its setting in scale, material and design;
- The dimensions of the raised tees will be such so as to create maximum safety for users; and
- Signs for each use shall be no greater than 100 square feet. Sign space may be combined for both
uses on a single sign. Each sign may be freestanding or on a building. Each sign may be externally or internally
(Added effective 2/10/95)
- 44.08.41 LANDSCAPING AND GARDEN CENTER-
(Added effective 1/31/97)
- The site shall have a minimum of two (2) acres.
- The location of the facility should be compatible with other surrounding businesses that may
also include some retail sale of goods on site.
- The facility and grounds should strictly adhere to the site plan approved by the commission.
- Vehicles, equipment and materials should be properly screened or enclosed.
- Parking should adhere to regulations as set forth in Section 40.04.04.
- Herbicides, pesticides, fertilizers, or other chemicals must be stored as not to create a
public health nuisance or source of pollution to either air, water, or soil in accordance with the
Health Department regulations and Connecticut Public Health Code.
- 44.08.42 CORPORATE OFFICE/HIGH TECHNOLOGY PROCESSING OF PREVIOUSLY MANUFACTURED PARTS-
(Section added effective 7/3/98)
- The location of the facility shall be on a site of no less than eighteen (18) acres.
- Traditional manufacturing shall not be permitted, e.g. conversion of raw materials to finished
- The facility shall be the corporate headquarters (i.e., executive and administrative offices
shall be an integral part of the facility) for the operator and owner of the facility.
- The facility shall be compatible with its setting in scale, material and design and shall not include
any outdoor storage of materials or supplies.
- The facility shall be connected to municipal sewer and water lines.
- The facility shall not produce noise from the processing conducted therein which is detectable
by objective measurement in excess of decibel levels permitted by State law beyond the perimeters
of the site. The facility shall not emit any smoke or fumes or discharge effluent other than those
which may be associated with a corporate office building (i.e., heating and air conditioning, automotive
exhaust and storm water);
- The use, storage or disposition of solid, or medical waste, materials shall be prohibited.
- In order to maintain a park-like setting, forty (40%) per cent of the site shall remain in a pervious
and vegetated state.
- 44.08.43 ACTIVE ADULT HOUSING-
PURPOSE: Active adult housing is intended to provide housing of a type and
density suitable to the needs of those 55 and over. This provision recognized
housing for those age 55 and over as having less impact than other higher
density housing options, and therefore meriting separate consideration.
The burden of complying with the Fair Housing Act, as amended and regulations
promulgated there from shall be on the association of homeowners of such development.
PROCEDURE: Upon formal application to the Planning and Zoning Commission and a
public hearing thereon, the Commission may grant special exception
approval for an Active Adult Housing development. In addition to considering
compliance with the applicable special exception criteria in
Section 44.04 of the Zoning Code and the standards contained herein, the Commission
shall also consider the potential impacts of the proposed development on municipal
services and the fiscal resources of the City.
(Amended effective 4/30/04)
REQUIREMENTS: Applications for approval of Active Adult developments shall include a
master concept plan at scale no less than 1”-100’ displaying the overall site,
landscape, buffers, lighting, open space, sidewalks, building placement,
pedestrian paths and trails, detailed site plans as required by Section 55 of
these regulations and architectural renderings of the building and the overall
community. In addition, applicants shall provide a professional market analysis
demonstrating the need and feasibility of the project. Additionally, a narrative report
shall be submitted which documents the probable impact of the proposed development on
municipal services and the fiscal resources of the City. (Amended effective 4/30/04)
If the special exception is approved, a detailed Category 4 site plan, as required by
Section 55 of these regulations, and architectural renderings of building and the overall
community shall be submitted.
The design considerations of Section 44.08.35, as appropriate to Active
Adult developments, shall be considered by the applicant's design team.
- The tract to be developed shall be zoned RPZ, R-15, or R-30, shall be not less than
10 acres, and shall have a minimum of 100 feet of frontage on a public street.
- Waiver Provision for lots between 8-10 acres. Upon a separate and affirmative vote of the Planning
and Zoning Commission the Commission may waive the above 10 acre requirement and allow the tract to be
developed to be a minimum of 8 acres providing the following conditions are met:
(Amended Effective November 1, 2005)
- There is sufficient area to provide additional buffers where needed.
- The configuration of the tract allows for an orderly and functional layout for buildings,
parking, and access.
- The Commission in its sole and legislative discretion determines the parcel is more suited to
Active Adult than traditional single family home development.
- Residences are limited to a single family detached structures and shall
include a basement and/or attic for storage.
- The proposed active adult housing development shall be a Common Interest
Ownership Community as defined in Chapter 828 of the Connecticut General Statutes.
- The site shall be served by public sewer and water supply, both of which
shall be capable of handling the demand, including hydrants sufficient for
fire fighting as determined by the Fire Marshall, required by the development.
All utilities, (electric, cable, phone) shall be underground.
- The maximum number of units per acre is four. In computing the number of
acres for the purpose of this section, 75% of the area designed as inland wetlands
and 75% of the area or slopes in excess of 25% shall be excluded.
- The minimum living area of each dwelling unit, inclusive of bathrooms and
exclusive of hallways, shall be 900 square feet. The maximum number of bedrooms
per residence is two.
- Height, yard, and lot coverage requirements shall be as required in the
underlying zone, except accessory buildings shall not exceed a height of 20
feet and total impervious coverage shall not exceed 40%.
- The minimum distance between sidewalls of residences shall be 20 feet. Where
the distance between units is less than 24 feet, adjacent walls shall be angled
to prevent parallel sidewalls. The minimum distance between rear walls of units
shall be 40 feet.
- To provide a buffer between active adult developments and surrounding
properties, no structure shall be located within 50 feet of the overall
perimeter boundary. The buffer area shall adhere to the standards in the
Subdivision Regulations and the first 30 feet shall be planted with a mixture
of trees and shrubs. (Amended effective 3/31/06)
- Thirty-three percent (33%) of the tract proposed for development shall be
preserved as open space of which 50% of said open space shall be outside of
areas designated as buffer area, inland wetlands or slopes in excess of 25%.
The Commission may require the provision of a walking trail system within the
proposed development. Unpaved walking trails may be counted as open space.
(Amended effective 3/31/06)
- One hundred percent (100%) of the total dwelling units to be constructed in an
Active Adult Community shall be designated as Active Adult Housing units. Occupancy of
Active Adult Housing unit shall be limited to three (3) individuals and as follows:
- At least one individual must be aged fifty five years or older;
- Any and all spouses, companions or relatives of an occupant must be 21 years or
- Any occupant pursuant to (b) above who has ownership interest in the
dwelling who survives the individual in (a) above;
- Any occupant pursuant to (b) above who has an ownership interest in the
dwelling and the individual in (a) above has entered into a long term continuing
- Remaining parties pursuant to (c) (d) above who remarry or cohabitate must meet
all occupancy requirements,
- A personal care attendant who is in service to a resident 55 years of age or older
to attend to that resident's medical and/or health care needs,
- The management entity shall verify annually to the Zoning Enforcement Officer that the
facility is in compliance with the occupancy requirements of this section.
- Dwelling units designated, as Active Adult Housing shall deed restrictions limiting
occupancy as required above.
- There shall be at least three (3) parking spaces per dwelling unit. At least one
of these spaces shall be provided within an attached garage. A minimum of 25% of the
units shall have a two-car garage. the Commission reserves the right to require
guest parking. All driveways shall have a minimum of 25 feet in length.
- A cash performance bond shall be filed prior to securing building permits.
The developer may propose a phasing plan and post bond in accordance with said
(Section added effective 9/1/03)
- 44.08.44 INDOOR RECREATIONAL FACILITY-
A facility where a fee is paid in exchange for activities, events, or programs related to athletics, physical conditioning and accessory activities conducted indoors. A facility may be approved by the commission if it meets the following conditions:
(Added effective 10/13/06)
- That not more 40% of the parcel is used for the main building and accessory structures.
- Parking spaces will be provided in accordance with Section 40.04.28.
- Design Considerations: The Commission will evaluate the site plan and approve a facility that is designed to blend in with the existing buildings in the zone, if any.
MIXED USE DEVELOPMENT SPECIAL EXCEPTION
Purpose – To allow mixed use development at an appropriate scale and architecture in relation
to its surrounding which allows retail, upper story professional office,
restaurants and upper story residential. No proposal shall result in the
demolition of any inventoried building identified in the City of Middletown “A
Survey of Historical and Architectural Resources- 2005” prepared by the Greater
Middletown Preservation Trust (Volumes I- IV). Any and all changes to any
inventoried building shall be in keeping with its historic character.
Minimum lot size: ¼ acre per functional use
Minimum Frontage: 150 feet.
Front and side yards to be determined by Planning and Zoning during the design process.
Parking requirements shall be those required in Section 40 of this regulation. Upon
written request, the parking requirements may be reduced if the Commission
determines, after a review of a professionally prepared parking analysis that
such reduction is in the best interest of the immediate neighborhood, the City
of Middletown and the development and that the parking provided satisfies the
anticipated demand. The Commission looks favorably on a shared parking method,
where peak use and times for the different uses shall be calculated.
Require a minimum of two of the following uses: Retail, Restaurant, upper story
professional office and upper story residential. The Commission reserves the
right to limit the hours of operation for businesses’.
- No building shall be less than two (2) stories and the minimum height will be determined as
an average of the height of the abutting structures. Maximum height is either
the maximum allowed height for the zone where the development is located or 12
feet above the minimum height determined by abutting structures, whichever is
higher. The Planning and Zoning Commission shall review and determine the
allowed maximum height.
- The building(s) shall be oriented to the street or the intersection and shall front
on a state highway, excluding limited access highway. Access to and from the
site shall include access from the state highway, subject to approval by the
State Department of Transportation. If available access from local roads shall
be minimized and designed to direct traffic to the nearest signalized
intersection with the state highway and away from residential areas.
- Utilize existing and surrounding building lines and materials, to the extent possible.
- Bike racks shall be required as part of the development and be sited near business
- Pedestrian amenities shall be considered and may be required, such as benches or public
- Natural features shall be enhanced, preserved and incorporated into the development to
the extent possible. Large trees shall be preserved to the extent possible.
- Street trees with a minimum caliper of 4.5 inches DBH and at least 20 feet in height shall be
planted every 25 feet within the street right of way.
- Parking shall be oriented to the rear or side of the structure. Parking may be allowed
between the front of the structure and the street if this design can increase
pedestrian activity and the parking stalls are placed along the building.
- Required parking areas shall be broken into small groupings of parking as opposed to one
contiguous lot and the parking shall be aesthetically landscaped and screened
from all areas in a manner that is compatible with its surroundings. Screening
could include, but not limited to, stone walls, brick walls, fencing,
landscaping, earthen berms or a combination thereof. Where possible, based on
underlying soils, parking areas shall be composed of pervious materials.
Uses subject to this Section of the Zoning Code shall be subject to the
following: Submission of a traffic impact analysis by a CT licensed
professional engineer containing present roadway conditions, existing roadway
capacity, existing and projected traffic volumes (ADT, Peak A.M. and Peak P.M.),
existing and projected volume capacity ratios, existing and projected levels of
service, existing and proposed sight lines, site generated traffic
distributions, traffic accident experience, and all on-and-off site improvements
which will help mitigate anticipated traffic problems and direct traffic to the
state highway and away from abutting residential areas. The Commission
specifically retains the right to request that the developer pay an additional
fee to allow the Commission to hire an independent traffic engineer.
In addition to Section 48 of this Code the following more restrictive standards
A. Attached Wall Signs: the number of signs shall not exceed three (3) and the sum of the
area shall equal one (1) sq. ft. per lineal foot of building frontage and no
sign shall exceed 200 sq. ft. in a multi-tenant building. Each tenant is
allowed one (1) wall sign equal to one (1) sq. ft. per lineal foot of store
frontage and no sign shall exceed 100 sq. ft.
B. Detached Identification Signs: Detached and free standing signs are
prohibited with the exception of directional signs deemed appropriate by the
Design Review and Preservation Board. Monument signs approved by the
Design Review and Preservation Board may be allowed.
Signs: No temporary signs or banners are permitted with the exception that
temporary banners, balloon signs or pennant signs advertising a special event
may be issued by the Zoning Enforcement Officer for not more than ten (10)
– For the purpose of integrated development, any number of contiguous parcels
may be consolidated for the purpose of development, and the consolidated parcel
shall be construed to be one lot when computing building coverage and yard
requirements, and permitted uses, provided:
A. The owner of each lot shall give to the owner of each lot in the consolidated
parcel by deed, easement, or agreement filed in the Office of the Town Clerk,
the right of entrance, exit, passage, parking and loading.
B. The consolidated parcel is developed with an integrated plan of buildings, curb cuts,
parking, loading and unloading and open space. The Commission may consider shared parking
arrangements for uses when the peak hours for individual uses differ.
ORDERLY TRAFFIC MOVEMENT
– In the absence of consolidated parcels in order to assure future orderly
vehicular movement onto the street by requiring shared points of ingress and
egress between lots, the Commission may require vehicular cross easements as
part of individual development plans and may waive or modify setback
requirements to facilitate unified, well planned development.
MERCHANDISE AND MATERIALS STORAGE AND DISPLAY
- No Merchandise shall be stored or displayed outside of the buildings.
LOADING AND UNLOADING
- Any lot developed shall provide adequate space for the loading and unloading
of goods and materials so located at the rear of the building so as to avoid
conflict with vehicular movement and shall be adequately screened from sight.
- Shall be located at the rear of the building and shall be fully enclosed and
screened from view.
– Interior and exterior lighting, including signs, shall not be of such
intensity or located or directed in a way as to produce glare or discomfort on
public streets or neighboring PROPERTIES. All lights shall be directed away
from residential zones unless specifically designed to enhance a pedestrian
AND BUFFERING Between Residential USES and Zones
– A landscaping plan which identifies the location of all landscaped islands and
the types of species within the islands shall be submitted with the application
material. In order to protect the integrity of residential zones, sufficient
buffering shall be required when a property in this zone abuts a residential
zone or a potential incompatible land use. Further, no access drive shall cross
through, traverse or interrupt the required buffer area.
shall take maximum advantage of existing natural topographical features and
existing plantings. In approving any site plan for a new use which abuts a
residential zone or use screening of one of the following types of buffering
shall be required. The Commission shall exercise final determination of which
option should be pursued:
A. an earthen berm accompanied with a six (6) foot high evergreen planting on top
of the berm.
B. a six (6) foot high stockade fence on metal fence posts fixed in concrete
footings with the side containing the posts facing the new development,
accompanied with a six (6) foot high evergreen planting, at least four (4) feet
in width, between such fence and the abutting residential use.
C. an eight (8) foot high, six (6) foot wide protective planting strip in
accordance with specifications established by the Planning and Zoning
- Drive-thru business may be allowed on the site provided the following conditions can be
- The drive-thru is not located between the front of the building and the street.
- The business and drive-thru shall be a part of a structure containing multiple occupants and
- The development shall conform to all of the requirements in Section 44.08.12A of
Prior to submission to the Planning and Zoning Commission, the development shall be
reviewed by the Design Review and Preservation Board and their opinion and
recommendations will be a part of the special exception
process. (Added effective