Town of West Hartford

Accessory building

A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.

Districts Where Allowed Permitted as Accessory Use: BC, BG, BN, BND, BO, BOL, BS, CBDH, EP, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Development Requirements:
Accessory buildings.

A. An accessory building attached to a main building, including attachment by means of a breezeway or a roofed passageway, shall comply with the requirements of this chapter applicable to the main building.

B. Any accessory building observing the same yards as required for the main building may be erected to the same height limits as the main building.

C. Accessory buildings shall be constructed of durable permanent materials, such as wood or metal framing; wood, metal or vinyl wall panels; and roofing materials, such as wood, fiberglass or asphalt roofing materials. The requirements of this subsection shall not apply to temporary accessory buildings such as tents; freestanding awnings or canopies; hoop houses or cold frames for the establishment or protection of plants; and similar structures, provided that such temporary accessory buildings shall not be erected for more than 60 days during any calendar year. The Plan and Zoning Commission is authorized to grant a special use permit pursuant to § 177-42A where unique circumstances exist which warrant either the use of materials which are not durable or permanent, or the erection of a temporary accessory building for longer than 60 days. Convenience and/or expense shall not, however, be deemed to be unique circumstances.

D. No temporary health care structure as defined and regulated by P.A. No. 17-155 shall be permitted.

In any rear yard only accessory buildings not exceeding 15 feet in height shall be permitted, provided that they shall not occupy more than 25% of the required rear yard and that they shall be no closer than two feet from any lot line. Accessory buildings shall be located at least six feet from any portion of any dwelling on the property. Garages in a rear yard may be erected abutting the rear and side lot lines, provided that a plan for this is approved by the Zoning Board of Appeals. In case a garage is erected abutting a rear or side lot line, any garage erected on the abutting property next to the former garage shall either also be erected abutting said lot line, or it shall not be closer than four feet to said lot line.

Accessory dwelling units

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): R-10, R-13, R-20, R-40, R-6, R-80

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Development Requirements:
Accessory dwelling units permitted. No accessory building on the same lot with a main residence building shall be used for residence purposes in any one-family residence district, except that one accessory dwelling unit shall be allowed which is subordinate and incidental to the principal dwelling unit and which contains its own kitchen, bathroom and sleeping facilities, subject to the following requirements:

(1) The lot shall be not less than the minimum required lot size in the one-family residence district in which it is located.

(2) The accessory dwelling unit shall have a maximum gross floor area of 1,000 square feet or 30% of the gross floor area of the principal dwelling unit, whichever is less.

(3) The building footprint of a principal dwelling unit or accessory building shall not exceed the requirements of § 177-6D or § 177-20, as applicable.

(4) Accessory dwelling units shall not be permitted in basements unless one wall within the unit opens to grade and contains both windows and walk-out ingress/egress.

(5) An accessory dwelling unit located in a detached accessory building shall observe a minimum side and rear yard of the principal dwelling or 10 feet, whichever is less.

(6) Accessory dwelling units shall be designed to preserve the one-family residential character of the dwelling or building and shall:

(a) Be oriented, to the maximum extent practical, to maintain the privacy of residents in adjacent dwellings through proper placement of windows, doors, landscaping and screening.
(b) Be constructed of durable, permanent materials that match or are complementary to the exterior facade materials of the principal dwelling.
(c) Include roof shapes that match the architectural style and use materials that match or are complementary to those of the principal dwelling.

(7) Exterior access shall be provided to accessory dwelling units as required by the applicable building or fire code.

(8) At least one off-street parking space, subject to the requirements of § 177-32, shall be provided for the accessory dwelling unit, and the total required off-street parking for the principal dwelling shall not be reduced.

(9) Additional curb cuts servicing an accessory dwelling unit shall not be permitted.

(10) Either the principal dwelling unit or the accessory dwelling unit shall be owner-occupied.

(11) The owner of property containing an accessory dwelling unit which is rented for income shall file with the Town Planner, on or before December 31 each year, an affidavit certifying that either the principal dwelling or accessory dwelling unit is owner-occupied.

(12) Accessory dwelling units shall conform to all requirements of the applicable building, health, fire, sanitary and zoning codes in addition to those requirements set forth herein.

Adult day-care center

A non-residential facility in which custodial care is provided for more than 12 adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular and recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.

Adult day-care home

A nonresidential facility consisting of a private family home in which custodial care is provided for not more than six adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular and recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.

Adult group day-care facility

A nonresidential facility in which custodial care is provided for not less than seven nor more than 12 adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.

Adult group day-care facility (accessory)

A nonresidential facility in which custodial care is provided for not less than seven nor more than 12 adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.

Districts Where Allowed Special Use Permit: BG, BN, BND, BO, EP, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
Employee and parent parking requirements to be set by the Town Plan and Zoning Commission, pursuant to § 177-42A, upon recommendation of the Town's Manager of Traffic and Transportation pursuant to § 177-16.1: Day-care facilities.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Permitted as both a main use and an accessory use.

Adult-oriented establishments

Includes, without limitation, adult bookstores, adult motion-picture theaters, adult video galleries, adult mini-motion-picture theaters and further means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect, or which premises are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures. An adult-oriented establishment further includes, without limitation, any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Districts Where Allowed Special Use Permit: BG, IG, IR, TOD

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Operating requirements.

A. No operator or employee of an adult-oriented establishment shall allow or permit any minor to loiter in any part of such establishment, including parking lots immediately adjacent to such establishment used by patrons or such adult-oriented establishment.

B. Every adult-oriented establishment doing business in the Town shall be well-lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein adult entertainment is provided, shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures or other types of adult-oriented entertainment.

C. The operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well-lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access as an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times when any patron is present in the premises.

D. Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator, if such act or omission occurs either with the express or implied authorization, knowledge or approval of the operator, including any act or omission, as a result of the operator's negligent failure to supervise the employee's conduct; the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

E. An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.

F. All adult-oriented establishments shall be open to inspection at all reasonable times by the West Hartford Police Department, inspectors employed by the Town and/or the Health District, or such other persons as the Town Council may designate.

Locational standards.

A. Adult-oriented establishments shall be permitted in the Town of West Hartford only in the IR, IG and IP Zone Districts established in §§ 177-3 through 177-6 wherein such uses are specifically allowed subject to a special use permit approval by the West Hartford Town Plan and Zoning Commission under the requirements of § 177-42A.

B. No adult-oriented establishments shall be permitted on any site that is within 1,000 feet from any school, municipal park or recreational facility, place of worship, child day-care center, family day-care home, group day-care home or any area zoned residential.

C. No adult-oriented establishment shall be permitted on a site that is within 1,000 feet from an existing adult-oriented establishment.

D. Said distance of 1,000 feet shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.

Site development standards.

A. Displays: screenings; inspection. Advertisements, displays or other promotional materials displaying or depicting specified anatomical areas or specific sexual activities shall not be shown or exhibited so as to be visible or audible to the public from adjacent streets, sidewalks or walkways or from other areas outside the establishment; and all building openings, entries and windows for adult-oriented uses shall be located, covered or screened in such manner as to prevent the interior of such premises from being viewed from outside the establishment.

B. Signs. Signs shall be limited to a maximum total area of one square foot of sign area for each linear foot of building frontage.

C. Parking. Adult-oriented uses shall comply with the off-street parking standards prescribed in § 177-32 with the additional requirement that one off-street parking space shall be provided for each employee who is employed or intended to be employed when the capacity of the building is in full use.

This use is not permitted in the TOD District.

Aircraft landing sites

FLIGHT OPERATION

A combination of one landing and one takeoff by which a helicopter arrives at and departs from a heliport.

HELIPORT

A site at ground level for the landing and takeoff of manned helicopters (but excluding other forms of aircraft capable of vertical takeoffs or landings) which:

(1) Has been approved by the Connecticut Airport Authority as a heliport; and

(2) Meets the definition of a "prior permission required (PPR) heliport" as set forth in U.S. Department of Transportation, Federal Aviation Administration Advisory Circular No. 150/5390-2C, dated April 24, 2012, as amended or replaced from time to time. These facilities are commonly known as "restricted heliports" or "restricted landing areas."

Districts Where Allowed Permitted as Accessory Use: BC, BG, BN, BND, BO, BOL, BS, CBDH, EP, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Permitted use.

(1) One non-revenue-producing heliport, including any equipment necessary to permit safe operations, shall be permitted as an accessory use in any zone, subject to the requirements of West Hartford Code of Ordinances § 177-42A and the additional requirements set forth in this section.

(2) Heliports incorporating permanent taxiways and/or parking pads or which include maintenance, repair and/or fueling facilities shall only be permitted within industrial zones. This subsection shall not be construed to prohibit occasional refueling of a helicopter from a tanker truck or similar vehicle which is not routinely kept on site but any such refueling shall be conducted in accord with the requirements of Subsection C(7).

(3) At the time notice is mailed to adjoining property owners pursuant to § 177-42A(2) of this chapter, the Commission shall also send such notice to all other owners of property within 500 feet of the property which is the subject of any application for approval of a heliport.

Alternative energy systems

See § 177-37.3A for terms associated with alternative energy.

Amusement devices

Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. For purposes of this definition, each station of a device which provides multiple stations, each of which allows separate games to be played, shall be considered one amusement device. This definition does not include:

Districts Where Allowed Permitted as Accessory Use: BC, BG, BN, BND, BS, CBDH, IE, IG, IP, IR, TOD

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Amusement devices, as specified in § 177-31: Amusement devices (provided below) and licensed under §§ 3-11 through 3-16 of the West Hartford Code

A. Amusement devices as an accessory use as permitted in § 177-6E shall comply with the following standards:

(1) Not more than seven amusement devices shall be allowed per commercial establishment.
(2) Not more than one amusement device per 700 square feet of gross floor area or fraction thereof.
(3) A minimum open area depth of four feet on any player side.

B. Commercial establishments which store and display amusement devices for sale or rental only are excluded from regulation under this section.

Any industrial or manufacturing use

Automated teller machine, freestanding

A freestanding automated teller machine (ATM) structure with a canopy or similar feature above the terminal for protection from the elements, which structure and use are accessory to commercial uses within the premises of an existing commercial development and is intended to provide walk-up banking services for patrons. This definition does not include an ATM that is accessory to a bank main use on the premises.

Bank, including drive-in facilities

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Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, BN, BND, BO, BS, CBDH, IE, IG, IP, IR, TOD

Vehicle Parking:
1 parking space per 150 square feet of gross floor area, excluding utility areas and basement storage.
See § 177-32I(2)(a) for more information.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Certain TOD uses are subject to additional requirements of § 177-43: Transit-oriented development of this chapter.

Boathouse

Cannabis production, manufacturer, packagers, or cultivator facility

CANNABIS ESTABLISHMENT

Shall have the same meaning as set forth in the Responsible and Equitable Regulation of Adult-Use Cannabis Act ("RERACA"), Public Act 21-1, and inclusive of the Regulations of Connecticut State Agencies.

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): IE, IG, IP, IR

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Cannabis establishments shall be permitted subject to the following conditions:

A. No cannabis establishment shall be permitted on a site that is within 500 feet of any school, municipal park or municipal recreational facility, or library. Said distance requirement shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.

B. Cannabis retail establishments, including retailer, hybrid retailer or dispensaries, shall be restricted to the BN, BND, BS, BG, BC, CBDH and BG Zones.

C. Cannabis production facilities, including producers, cultivators, micro-cultivators, food and beverage manufacturers, product manufacturers and product packagers, shall be restricted to the IE, IG, IP and IR Zones.

D. No cannabis establishment shall be permitted unless a site plan approval has been obtained therefor in accord with the provisions of § 177-42B of this Code of Ordinances. No site plan approval shall be granted unless the petitioner or applicant has been awarded a provisional license and has demonstrated to the satisfaction of the Town Planner compliance with all state laws and regulations concerning cannabis establishments.

E. Notwithstanding the provisions of Subsection D, until June 30, 2024, the Town Planner shall not grant site plan approval for more retailers or micro-cultivators than would result in one retailer and one micro-cultivator per 25,000 residents.

Cannabis retail, hybrid retail or dispensary facility

CANNABIS ESTABLISHMENT

Shall have the same meaning as set forth in the Responsible and Equitable Regulation of Adult-Use Cannabis Act ("RERACA"), Public Act 21-1, and inclusive of the Regulations of Connecticut State Agencies.

Car wash facilities

A commercial establishment for the washing of vehicles, whether performed by automated or manual means.

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): IE, IG, IP, IR Special Use Permit: BG, TOD

Vehicle Parking:
An attendant-operated or self-service car wash shall have at least 10 waiting positions for each bay between the street line and the bay for cars approaching and at least two waiting positions for cars leaving said bay.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Permitted as both a main use and an accessory use.

Cemetery

Charitable institutions

Child day-care center

A facility as defined pursuant to Subsection (a)(1) of C.G.S. § 19a-77, as amended, which offers or provides a program of supplementary care to more than 12 related or unrelated children outside of their own homes on a regular basis for a part of the 24 hours in one or more days in the week, which is licensed by the State of Connecticut pursuant C.G.S. § 19a-80, as may be amended, and which complies with all state and local zoning, building, fire and housing code requirements.

Districts Where Allowed Permitted as Accessory Use: IG Special Use Permit: BC, BG, BN, BND, BO, BS, CBDH, EP, IE, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
Employee and parent parking requirements to be set by the Town Plan and Zoning Commission, pursuant to § 177-42A, upon recommendation of the Town's Manager of Traffic and Transportation pursuant to § 177-16.1: Day-care facilities.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Group day-care homes and child day-care centers shall be subject to the requirements of § 177-42A and the following additional provisions:
(1) Fenced play areas shall not be closer than 10 feet to the property line of adjacent residentially developed property.

(2) Where the play area of the group day-care center is in a yard abutting residentially developed property, the play area shall be screened from said residentially developed area with a minimum of Type C screening.

(3) For each application for a special use permit for a group day-care home and child day-care center, a written report of the Town's Manager of Traffic and Transportation as to the traffic circulation on the site and such other relevant information shall be provided the Town Plan and Zoning Commission prior to its hearing pursuant to § 177-42: Application approval procedure.

(4) Group day-care homes and child day-are centers which are operating as of the effective date of this section shall not be required to comply with the provisions of this Subsection, should renewal of a special use permit be required to continue the existing use, provided that, upon expansion of the use and/or significant renovations to the facility, an amended special use permit application shall not be approved without compliance with the provisions of this subsection.

Permitted as both a main use and an accessory use.

As an accessory use:

Child day-care center operating before and after regular school hours only if accessory to an existing public, private or parochial school or college which is the main use on the site.

Child day-care center (accessory)

Districts Where Allowed Permitted By Right: BC, BG, BN, BND, BO, BOL, BS, CBDH, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
Employee and parent parking requirements to be set by the Town Plan and Zoning Commission, pursuant to § 177-42A, upon recommendation of the Town's Manager of Traffic and Transportation pursuant to § 177-16.1: Day-care facilities.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Child day-care center operating before and after regular school hours only if accessory to an existing public, private or parochial school or college which is the main use on the site.

Church schoolrooms

Circular driveway

Contractor’s yard

Crematorium

Drive-through facilities

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): IG, IR Special Use Permit: BG, TOD

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Restaurant drive-through facilities.
Where restaurant drive-through facilities will not unduly impact adjoining businesses, residential neighborhoods, or pedestrian and bicycle traffic, they may be permitted in the BG District subject to the requirements of § 177-42A and in the IG and IR Districts subject to the requirements of § 177-42B. All restaurant drive-through facilities shall be subject to the following additional provisions:

A. Lot size. Restaurant drive-through facilities shall be located on lots greater than 1/2 acre in size.

B. Frontage. Restaurant drive-through facilities shall be located on lots that are adjacent to or have frontage on an arterial or interstate roadway.

C. Residential setback. When a restaurant drive-through facility is located on a lot abutting a residential district, it shall be subject to a minimum setback of 200 feet from that district. Said distance requirement shall be measured by taking the straight line between the nearest residential structure and the restaurant drive-through facility.

D. Building placement. Any restaurant building with a drive-through facility shall be located within 10 feet of an established building line.

E. Building design. Any restaurant building with a drive-through facility shall have an entrance facing the street and shall be clearly articulated through the use of architectural detailing. The front façade of the building shall include fenestration of at least 50% of its frontage.

F. Site access. Any lot containing a restaurant drive-through facility shall have a minimum distance between any two curb cuts on said lot of at least 100 feet. Direct pedestrian access from a public right-of- way or street shall be provided to an entrance of the building.

G. Service window/canopy. Drive-through service window/canopy shall be located to the side or rear of the building.

H. Queuing lane. Drive-through service queuing lanes shall have at least eight vehicle positions for each service window and at least two waiting positions for cars leaving said window. All such spaces shall:

(1) Be aligned in tandem and physically separated from parking spaces;
(2) Be located to the side or rear of the building; and
(3) Not be permitted to fully wrap the building.

I. Landscaping. The area along the frontage of a building with a drive-through facility shall be landscaped with a minimum of Type A screening.

J. Hours of operation. Restaurant drive-through facilities shall be prohibited from operation between the hours of 11:00 p.m. and 5:00 a.m.

Certain TOD uses are subject to additional requirements of § 177-43: Transit-oriented development of this chapter.

Drive-up window dispensing only prescription medications

Establishment performing personal services

Fallout shelter

Family day-care home

A facility as defined pursuant to Subsection (a)(3) of C.G.S. § 19a-77, as may be amended, which consists of a private family home caring for not more than six children, including the provider's own children not in school full time, where the children are cared for not fewer than three nor more than 12 hours during a twenty-four-hour period and where care is given on a regularly recurring basis and which has been licensed by the State of Connecticut pursuant to C.G.S. § 19a-87b, as amended. Such a facility shall be maintained as the operator's main residence and shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.

Farm use

Food truck

A motor vehicle that is designed to be readily movable and from which food is prepared, sold or served. The term includes, but is not limited to, a commercially manufactured vehicle. "Commercially manufactured vehicle" means a vehicle that was originally manufactured for use as a mobile food preparation vehicle.

Districts Where Allowed Permitted By Right: IG

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Development Requirements:
Food truck, permitted as an accessory use within the parking area of an existing business, provided that the location does not interfere with the safe circulation of vehicular and pedestrian traffic. No more than 2 food trucks shall be permitted on any one property at the same time and shall not be permitted within 500 feet of any building which houses a restaurant. Sales from any food truck shall be permitted between the hours 7:00 a.m. and 10:00 p.m. on any calendar day, provided that the food truck meets the statutory and regulatory requirements of the Director of Health.

Food truck park

A permanently established area designed to accommodate up to five food trucks and offering food and/or beverages for sale to the public as the main use of the property and functioning as a single business. If beer and/or wine is served at any food truck park, it shall be as an adjunct to the primary function of serving food and shall only occur while food trucks are present and serving food on site. The service of beer and wine shall operate under the applicable liquor permit as provided in C.G.S. Chapter 545, as that chapter may be amended, and comply with all Liquor Control Commission regulations appertaining thereto.

Districts Where Allowed Special Use Permit: IG

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Food truck parks can provide a unique setting for the service of food in areas that have historically not been serviced by a concentration of traditional restaurants. Food truck parks can serve as vibrant public spaces where a variety of activities take place, but where the primary function is the sale and consumption of food from a diverse array of vendors. While the operation of food truck parks should contribute to the liveliness and vibrancy of the community, they must not be allowed to create a nuisance, either by loud music, unruly customers, or disorderly premises. Where food truck parks will further these goals without unduly impacting upon adjoining businesses or residential neighborhoods, they may be permitted as a main use subject to the following requirements:

A. Space definition and location.

(1) The area of the food truck park must be clearly defined and separated from the patron parking area through the installation of a fence or other enclosure which maintains an open appearance and is a maximum of five feet in height.

(2) The parking area for the food trucks must be either a paved or gravel surface.

(3) Food truck park operators are encouraged to provide for an aesthetically pleasing environment which includes shade and seating elements in addition to pervious groundcover.

(4) Food truck parks may have a pavilion or other permanent structure in order to provide shelter for patrons and operators, provided said structure meets the setback requirements for the underlying zone. All temporary structures, such as tents, shall be prohibited.

B. Operations.

(1) All food truck parks must be handicap accessible.

(2) All food trucks planned to be on site on any given day shall be parked and fully set up prior to the park opening to the public. At the close of business, all such vehicles shall be removed from the park. If a commissary is provided on site and the food truck is approved to use the site's commissary, then the food truck will not have to be removed from the site each day.

(3) The hours of operation for a food truck park shall be limited to 10:00 a.m. to 11:00 p.m. Food trucks may arrive at the park one hour prior to opening to the public and must vacate the park no later than one hour after closing to the public unless the vehicle is permitted to stay as noted above.

(4) There must be a designated manager of the site who is responsible for the orderly setup of food trucks, the cleanliness of the site, and the site's compliance with all rules and regulations during business hours. Contact information for the designated manager shall be made available to Town staff upon approval of the park by the Town Plan and Zoning Commission and as needed thereafter if personnel changes.

(5) At least two permanent restrooms within 200 feet of each food truck must be made accessible to food truck park patrons while the food truck park is open.

(6) Patron parking must be provided at a rate of one space for every five seats in any seating area provided. The patron parking area must be a paved or gravel surface.

(7) The food truck park must comply with all local noise regulations pursuant to West Hartford Code of Ordinances Chapter 123.

(8) At least one electrical outlet shall be required at each designated food truck parking space.

(9) Public address systems or other systems intended to convey verbal messages through the use of amplified sound shall be prohibited. If an applicant seeking approval of a food truck park proposes to provide any form of music for the benefit of patrons, it shall so state in its application and shall provide the Plan and Zoning Commission with specific details regarding the manner in which music is to be provided. The Plan and Zoning Commission may impose any restrictions upon the playing of music which it deems to be appropriate given the location of the food truck park or any other circumstances that the Commission deems to be relevant.

(10) No heaters may be installed or used without the prior approval of the Plan and Zoning Commission. If an applicant seeking approval of a food truck park proposes to provide any source of heat for the benefit of patrons, it shall so state in its application and shall provide the Plan and Zoning Commission with a plan, approved by the Fire Marshal, for the placement and operation of said heaters as well as for the storage of fuel used by said heaters.

(11) Lighting shall be limited to that level which is necessary to illuminate the food truck park for patrons and staff. Flashing/blinking lights shall be prohibited. In all cases, lighting must comply with section § 177-25 of the West Harford Code of Ordinances.

(12) Signs: One on-premises sign is permitted at the entrance(s) identifying the food truck park, subject to the sign regulations for the applicable zoning district. Each food truck may have attached signage.

(13) Maintenance: The food truck park shall be kept clear of litter, food scraps or other debris at all times. Sweeping debris or spilled materials into the gutters of public streets shall be prohibited.

(14) At least one waste receptacle shall be provided for each mobile food vending vehicle and shall be emptied whenever full and at park closing. The food truck park shall also be equipped with a large commercial dumpster into which bags from individual waste receptacles can be deposited. The commercial dumpster shall be located outside of the designated patron area and shall be appropriately screened.

(15) Tables, chairs and umbrellas shall be of durable commercial-grade materials, sufficiently weighted to avoid displacement by wind.

(16) Umbrellas may be used to shade tables, provided that the drip edge thereof is located at least seven feet above the ground, and further provided that they shall not be used to advertise any business, product or service.

C. Distance and screening requirements.

(1) Any food truck park shall be located at least 1,500 feet from any other food truck park measured as a radius from any point around the property line.

(2) Food truck parks shall be at least 200 feet from any residentially zoned property. If the food truck park is located between 200 and 500 feet from a residentially zoned property. Type C screening shall be required along the property line(s) closest to said property. Where a food truck park is adjacent to commercially zoned property that also has a permitted residential use, Type C screening shall be required along the property line(s) immediately adjacent to said property.

(3) Food truck parks shall be located at least 500 feet away from any restaurant, measured along the street line, unless said building is located on the same property as the food truck park and where the restaurant proprietors are complicit in the operation of the food truck park.

Fuel cells

A device in which a non-combustion reaction between a continuous fuel stream and a continuous oxidant stream is converted directly and continuously into electrical energy while producing minimal emissions and negligible pollutants.

Districts Where Allowed Permitted as Accessory Use: BC, BG, BN, BND, BO, BOL, BS, CBDH, IE, IG, IP, IR, RI, TOD Special Use Permit: EP, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RM-1, RM-2, RM-3, RM-4, RM-MS, RM-O, RO, RP

Development Requirements:
In addition to the requirements of Subsection C(1), fuel cells are permitted accessory uses in the zones designated in § 177-6C subject to the following requirements:

(a) When located within an accessory structure, the fuel cell and all related equipment shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate.

General requirements. Solar energy systems and fuel cells are permitted main uses in the zones designated in § 177-6B subject to the following requirements:

(a) Unless the energy generated by the system is to be used exclusively to meet the needs of nearby properties through private transmission facilities, the applicant shall demonstrate that:

[1] Existing electrical distribution or transmission facilities are adequate to connect the solar energy system or fuel cell to the utility grid; and
[2] That the intended use of any electrical distribution or transmission facilities is permitted under existing law.

Permitted as both a main use and an accessory use.

Funeral home

Gasoline service stations

Geothermal systems, closed loop

Districts Where Allowed Permitted as Accessory Use: BC, BG, BN, BND, BO, BOL, BS, CBDH, EP, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Development Requirements:
General requirements. Closed loop geothermal systems and solar energy systems are permitted as accessory uses in all zones and fuel cells are permitted accessory uses in the zones designated in § 177-6C subject to the following requirements:

(a) Where designed to generate electricity, the system must be designed to produce energy primarily for consumption by buildings or other structures located on the same lot as the system, except that:

[1] When the lot receives electrical power supplied by a public utility company, excess energy generated may be supplied to the utility company or through the distribution system of the utility company to offset other usage of other electric accounts, in accord with applicable laws such as those permitting net or virtual net metering; and

[2] Multiple property owners may share ownership of, and/or the energy generated by the system provided, however, that the system shall meet all other requirements of this section with respect to each lot upon which it is located.

In addition to the requirements of the subsection above, closed loop geothermal systems shall be subject to the following additional requirements:

(a) The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Connecticut Building Code and all other applicable requirements of law such as, but not limited to those pertaining to the installation of wells. The manufacturer specifications shall be submitted as part of the application.

(b) Only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

(c) Horizontal closed loop systems shall be no more than 20 feet deep.

(d) Wellheads located above ground level shall be labeled clearly to identify that they are part of a closed loop geothermal system and not a source of potable water.

Permitted as both a main use and an accessory use.

Golf course restaurant

A restaurant, defined pursuant to this section of the Code, which is located on the same parcel of land as a golf course.

Governmental and municipal use

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BG, IG, IR, TOD Special Use Permit: BC, BN, BND, BO, BS, CBDH, EP, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Group day-care home

A facility, as defined pursuant to Subsection (a)(2) of C.G.S. § 19a-77, as amended, which offers or provides a program of supplementary care to not fewer than seven nor more than 12 related or unrelated children on a regular basis for a part of the 24 hours in one or more days in the week, which is licensed by the State of Connecticut pursuant to C.G.S. § 19a-80, as may be amended, and which complies with all state and local zoning, building, fire and housing code requirements.

Districts Where Allowed Special Use Permit: BC, BG, BN, BND, BO, BS, CBDH, EP, IE, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
Employee and parent parking requirements to be set by the Town Plan and Zoning Commission, pursuant to § 177-42A, upon recommendation of the Town's Manager of Traffic and Transportation pursuant to § 177-16.1: Day-care facilities.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Group-care facility

A supervised residence facility which houses not fewer than six persons who are handicapped, aged or disabled or in need of rehabilitation but are not acutely ill and are provided services to meet their needs. It does not include an institution as defined in C.G.S. § 19a-490 and required to be licensed pursuant to the provisions of C.G.S. § 19a-490 et seq.

Home for the aged

An establishment, other than a hospital, which furnishes, for remuneration, food, shelter, laundry and other nonmedical services to three or more persons over the age of 60 years.

Hospital

Any establishment for the diagnosis, treatment or other care of human ailments.

Hotel, motel

HOTEL

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where general kitchen and dining facilities are provided within the building or in an accessory building. The term "hotel" shall be deemed to include the term "motel."

Indoor recreation or amusement facility

INDOOR RECREATION OR AMUSEMENT FACILITY, EXCLUDING NIGHTCLUBS, DANCE HALLS OR DANCE CLUBS

A space in a suitable and permanent building kept, used, maintained, advertised and held out to and known by the public as primarily a place to pursue leisure activities or games of skill or scoring, including but not limited to, pinball, video games, pool or billiards, bowling, roller skating, miniature golf, go-kart racing, roller skating, trampoline or bounce parks, puzzle or adventure rooms, waterparks, or karaoke, but excluding the use of a disc jockey. If alcoholic drink is served in any indoor recreation or amusement facility, the facility must be at least 5,000 square feet in area and hot food shall also be offered for service. The service of alcoholic drink and hot food shall be adjunct to the primary function of recreation or amusement. The service of alcoholic drink shall operate under the applicable liquor permit, with the exception of café permits which shall not be permitted unless authorized under § 177-36F, as provided in C.G.S. Title 30, as amended, and Chapter 45 of the Code of the Town of West Hartford, and comply with all Liquor Control Commission regulations appertaining thereto.

(1) Indoor recreation or amusement facilities shall be open during regularly posted hours which are clearly marked and shall have no age restrictions, provided that any indoor recreation or amusement facility 15,000 square feet or larger in the CBDH District that has an entertainment license may impose a minimum age of entry.

Intermediate-care facility

A facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of mental or physical conditions, require care and services which can be made available to them only through institutional facilities.

Junkyard

Includes motor vehicle junk business and motor vehicle junkyard, as defined in the General Statutes of the State of Connecticut; any place of storage or deposit, whether in conjunction with a business or not, for two or more unregistered, inoperable, used motor vehicles; and any place of storage or deposit of used parts of motor vehicles and old metals, iron, glass, paper, cordage and other waste materials which, on any lot, have an aggregate bulk equal to one automobile.

Keeping of honeybees

Districts Where Allowed Permitted By Right: R-10, R-13, R-20, R-40, R-6, R-80

Development Requirements:
The keeping of one or more colonies of the common domestic honeybee, Apis mellifera, shall be a permitted accessory use in those districts specified under § 177-6C, Item 28 of the Schedule, subject to the following:

A. Standards.

(1) The minimum lot size required for beekeeping shall be 6,000 square feet.

(2) The maximum number of colonies shall be subject to the following limitations:

Zoning District	Maximum No. of Permitted Colonies Per Lot
R-6	1
R-10, R-13 and R-20	2
R-40	3
R-80	4

(3) All colonies shall be located in rear yards and shall be located not less than 20 feet from any property line.

(4) A flyway barrier of at least six feet in height must shield any part of a property line within 50 feet of a colony. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that honeybees will fly over rather than through the material to reach the colony.

(5) An on-site source of fresh water shall be provide and shall be located closer to the hive than any water source on adjacent property.

B. Operation and maintenance.

(1) Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.
(2) Adequate space shall be maintained in the hive to prevent overcrowding and swarming.

Keeping of not more than 3 nontransient roomers or boarders in any dwelling unit

BOARDINGHOUSE

A dwelling occupied by three or fewer persons who are lodged with or without meals, in which there are provided such services as are incidental to its use as a residence for the occupants and for which compensation is paid, either directly or indirectly.

Keeping of not more than 3 nontransient roomers or boarders in any dwelling unit (family permit)

BOARDINGHOUSE

A dwelling occupied by three or fewer persons who are lodged with or without meals, in which there are provided such services as are incidental to its use as a residence for the occupants and for which compensation is paid, either directly or indirectly.

Districts Where Allowed Special Use Permit: BC, BN, BND, BO, CBDH, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP

Vehicle Parking:
1 parking space per guest sleeping room. See § 177-32: Parking for more detailed information on parking requirements.

Development Requirements:
Keeping of not more than 3 nontransient roomers or boarders in any dwelling unit for which a family permit for a housekeeping unit composed of 3 or fewer individuals not related by blood or marriage as specified in § 177-2: Definitions and word usage of this chapter is issued.

Kennel

The keeping of four or more dogs over the age of six months, for each dwelling unit.

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BG, IG, IR, TOD Special Use Permit: BC, BN, BO, BS, CBDH, EP, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RM-1, RM-2, RM-3, RM-4, RM-MS, RM-O, RO, RP

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Permitted as both a main use and an accessory use.

Library

Manufacturing of alcoholic liquor

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): IE, IG, IP, IR

Vehicle Parking:
1 parking space per 2 employees employed or intended to be employed when the capacity of the building is in full use.
See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Including retail sales where permitted by Connecticut law. For detailed use regulations, see § 177-36D.

Monuments or statutes on public land

A permanent monument or statue commemorating a notable person, group or event deemed by the Council to be of significance to the community, excluding, however, any burial or sarcophagus.

Motor vehicle sales, service and repair

Multifamily dwellings

A dwelling containing more than one dwelling unit.

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, BN, BND, BO, BS, CBDH, IG, IR, RCO, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
1 1/2 parking spaces per dwelling unit, unless a lesser number of spaces is required pursuant to C.G.S. § 8-2(d)(9), as amended from time to time.
See § 177-32: Parking for more detailed information on parking requirements.

Development Requirements:
Except that a lot with 3 or fewer dwelling units shall not require site plan approval.

Multifamily dwellings (restriction)

A dwelling containing more than one dwelling unit.

Museum

Noncommercial greenhouse

Nurseries and greenhouses

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BG, BN, BND, BO, IG, IR, TOD Special Use Permit: EP, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Including sales area- goods pertinent thereto.
For detailed use regulations, see § 177-36D(3) for detailed information.

Nursery school

Nursing and convalescent home

CONVALESCENT HOME

A home for the aged or any establishment, other than hospitals, where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration.

Office building for general business and professional use

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, BN, BND, BO, BOL, BS, CBDH, IE, IG, IP, IR, TOD

Vehicle Parking:
1 parking space per 250 square feet of gross floor area, excluding utility areas and basement storage; except medical and dental offices or clinics, 1 parking space per doctor and 1 parking space per employee and 2 parking spaces per examining room.
See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
See § 177-16.3: Professional offices for detailed information.

Office building for professional use

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, BN, BND, BO, BOL, BS, CBDH, IE, IG, IP, IR, RO, TOD

Vehicle Parking:
1 parking space per 250 square feet of gross floor area, excluding utility areas and basement storage; except medical and dental offices or clinics, 1 parking space per doctor and 1 parking space per employee and 2 parking spaces per examining room.
See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Professional offices shall be allowed in RM/O and RCO Zones subject to the requirements of § 177-42A and the following additional provisions:

A. Professional services shall be limited to those permitted pursuant to the definition of "home occupation" in § 177-2 (which excludes walk-in medical/dental clinics).

B. In the RM/O Zones, professional offices may only be located on the first floor, and residential uses are required in upper floors.

C. Professional offices may be located on the first and upper floors in the RCO Zones.

D. Parking shall be provided as required in § 177-32, except that the Plan and Zoning Commission shall be empowered to permit a reduction in parking below the levels required pursuant to § 177-32 if such reduction will aid in maintaining the residential character of the property and will not result in an inadequacy of on-site parking for the uses proposed on the premises. In no event, however, shall parking in an RCO Zone be reduced below the number of spaces already in existence. The number of parking spaces provided in an RCO Zone shall not exceed the minimum number required pursuant to § 177-32. In order to maintain the residential character, the Plan and Zoning Commission may grant a waiver for the striping of parking spaces.

E. Except as provided in this section, the silhouette and/or facade of the building after conversion and the residential appearance of the building shall not be changed except as is necessitated for compliance with Building Code requirements, to adjust the front entrance to the building or to add a porch or other element giving shelter to persons waiting at the front entrance. The Town Plan and Zoning Commission shall evaluate whether the proposed changes to the silhouette and/or facade of the building or the proposed reconstruction will maintain the residential appearance and be in accordance with the purposes of the Residential/Multifamily-Office and Residential Character-Office Zones. The Commission's conditions authorized by § 177-42A(5) may include provisions to ensure that the converted building will be in harmony with its immediate neighbors and will otherwise satisfy the objectives of the Residential/Multifamily-Office and Residential-Character-Office Zones.

F. Side yard minimums may be reduced to 10 feet where necessary to permit a building to be granted a special use permit under this section, except in areas adjacent to single-family residence zones.

G. Site lighting shall be residential in character and in scale. Average illumination shall not exceed 1.0 footcandle in any rear yard parking area or side yard. Site lighting shall be turned off no later than 10:00 p.m. except for security lighting which is triggered temporarily by motion or sound. Site lighting design and intensity shall be regulated by the Town Plan and Zoning Commission pursuant to § 177-42A.

Off-street parking and loading facilities for either 1 van or 1 pickup truck per dwelling unit

Off-street parking and loading facilities for motor vehicles

Off-street parking and loading facilities for motor vehicles bearing current Connecticut passenger registration

Off-street parking and loading facilities for not more than 1 unregistered motor vehicle

Off-street parking and loading facilities for not more than 2 unregistered motor vehicles

One-family house, 1 per lot

A dwelling containing one dwelling unit only.

One-family house, 1 per lot on rear lot

A dwelling containing one dwelling unit only.

Outdoor dining, seasonal

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, BN, BND, BO, BOL, BS, CBDH, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD Special Use Permit: EP

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Seasonal outdoor dining on the premises of an existing restaurant subject to the requirements of § 177-37.2: Outdoor dining.

A. Space definition/location.

(1) Outdoor dining areas shall be identified by a fixed barrier, such as fencing or planters, in order to define their boundaries. Barriers that preserve the open appearance of outdoor dining areas should be used whenever possible. The use of permanent structural walls or any vertical screening device of more than four feet in height to define the boundaries of outdoor dining areas is discouraged but may be approved where necessary to attenuate noise reaching residential neighborhoods or in other unique circumstances. Notwithstanding the foregoing, when an outdoor dining area is located on property adjoining a residential district, it shall be subject to a minimum setback of 15 feet from that district and, at a minimum, to Type B screening as set forth in § 177-34D(2) and/or a screening fence which separates it from that district.

(2) Where outdoor dining areas abut the public right-of-way, no permanent structure shall be erected between the building that houses the restaurant and the abutting street except a retractable awning located at least seven feet above the ground. In all other locations, permanent structures may be used to provide shade or shelter from inclement weather. In such cases, structures that preserve an open appearance should be used to the extent possible.

(3) Fire hydrants and fire hose couplings and/or connections on buildings shall not be obstructed.

(4) If alcoholic beverages are to be served at the outdoor dining area, the enclosure of the outdoor dining area must also meet the requirements (if any) of any agency having jurisdiction over the service of such beverages.

(5) When an outdoor dining area is located adjacent to a public right-of-way, it shall be maintained flush with said right-of-way. Raised dining areas may be permitted on private property in areas where the adjacent public right-of-way is impacted by uneven gradients but shall be set back a minimum three feet from any property line.

B. Operations.

Outdoor dining areas shall be capable of accommodating disabled patrons.

Pass-through or take-out windows are prohibited except that walk-up take-out windows may be permitted at seasonal snack-bar-type restaurants which are provided as an accessory use within recreational facilities such as public parks, school sports stadiums or golf courses, provided that such take-out windows shall be located and operated in a manner which ensures that they are an amenity to patrons of the facility and not a destination in their own right. Any door used to deliver food from the restaurant to an accessory outdoor dining area shall be self-closing, unless an alternative mechanism is approved by the West Hartford-Bloomfield Health District.

Restaurant management shall ensure that the patrons of the outdoor dining area do not disturb persons beyond the premises of the restaurant through loud, boisterous or unreasonable noise, offensive words or disruptive behavior. Patrons must be seated at tables. Bar service, whether patrons are standing or seated at stools, is not permitted. The service of alcoholic beverages must be adjunct to the service of food.

Outdoor dining activities shall be prohibited between the hours of 12:00 a.m. and 7:00 a.m.

Lighting shall be limited to that level which is necessary to illuminate the outdoor dining area for patrons and staff. Flashing/blinking lights shall be prohibited.

C. Maintenance

Trash receptacles shall be emptied whenever full and shall be emptied at the end of each business day.

Umbrellas may be used to shade tables, provided that the drip edge thereof is located at least seven feet above the ground and further provided that advertisements on umbrellas shall be 1) limited to one per umbrella face/side/segment; 2) limited in size to 18 inches in length and 12 inches in height; and 3) monochromatic.

Tables, chairs and umbrellas shall be of durable commercial-grade materials, sufficiently weighted to avoid displacement by wind.

Outdoor recreation area

Outdoor storage of material and equipment

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): IE, IG, IP, IR

Vehicle Parking:
1 parking space per 2 employees employed or intended to be employed when the capacity of the building is in full use.
See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Outdoor storage of material and equipment other than junkyards, provided that such use does not emit dust, odor, gas, fumes, noise, glare or vibration beyond the boundaries of the district in which it is located.

Parish house or parsonage

Parking of motor vehicles

Passenger automobile rental agency

Places of worship

Printing

Private garage for motor vehicles

Private, nonprofit membership club

An organization catering exclusively to members and their guests, provided that the purpose of the club is not conducted primarily for gain and that there are not conducted any commercial activities, except as required generally for the membership and purposes of this club.

Professional offices, certain

Districts Where Allowed Special Use Permit: RCO, RM-O

Vehicle Parking:
1 parking space per 250 square feet of gross floor area, excluding utility areas and basement storage; except medical and dental offices or clinics, 1 parking space per doctor and 1 parking space per employee and 2 parking spaces per examining room.
See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Certain professional offices, defined pursuant to § 177-16.3: Professional offices (first floor only).

Public park

Public, parochial, or private school or college

Radio and television broadcasting

Radio and television studio

Railroad terminal and yard

Recreation facility

Religious institution

Research laboratories

Reservation golf course

Rest home with nursing supervision

Restaurants

RESTAURANTS WITH OR WITHOUT ALCOHOLIC DRINK AND OTHER ESTABLISHMENTS SERVING FOOD AND NONALCOHOLIC DRINK

"Restaurant" means a space in a suitable and permanent building kept, used, maintained, advertised and held out to and known by the public as primarily a food-service establishment where hot meals are regularly served. If alcoholic drink is served in any restaurant, it shall be as an adjunct to the primary function of serving food and operate under a restaurant liquor permit as provided in C.G.S. § 30-22, as amended, and comply with all Liquor Control Commission regulations appertaining thereto. The sale of alcohol or spirits by the bottle to a patron or patrons shall be prohibited. Sales of wine or beer by the bottle to a patron or patrons shall be permitted pursuant to Town Ordinance or Chapter 545 of the Connecticut General Statutes. "Restaurant" also includes other establishments serving food and nonalcoholic drink in an enclosed structure, providing seats for its customers whether at a counter or at separate tables. Restaurants shall be open during regularly posted hours which are clearly marked and shall have no regular and recurring unusual barriers to entry such as cover charges or age restrictions. Except as provided in § 177-6C, Item 11 and Item 17, as amended by ordinance of June 25, 1991, outdoor service, drive-up, window-counter service and curb service is prohibited. Any type of service of food and drink intended for consumption on the premises outside of the enclosed structure is prohibited, except as provided in § 177-6C, Item 16.

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, BN, BND, BS, CBDH, IE, IG, IP, IR, TOD Special Use Permit: EP

Vehicle Parking:
1 parking space per 3 seats. See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Restaurants with or without alcoholic drink and other establishments serving food and nonalcoholic drink.

Retail business

Retail business with on-premises manufacturing and packaging

Districts Where Allowed Permitted By Right: BC, BN, BND, BS, CBDH, IG, IR, RI

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
As an incidental part of the conduct of a retail business, manufacturing and packaging of articles to be sold at retail on the premises, provided that not more than 50% of the floor space occupied by such retail business is devoted to such manufacturing and packing use.

Retail firearms stores

A space in a suitable building, with necessary licenses or permits pursuant to any requirements of state or federal law, used, maintained, advertised and/or held out to the public to be a place from which firearms, including but not limited to machine guns, rifles, shotguns, pistols, revolvers or other similar devices which are permitted to be sold at retail by state and federal law and which are capable of discharging by any force bullets, cartridges, balls or other projectiles or explosive devices, are sold.

Districts Where Allowed Permitted as Accessory Use: BC, BG, BS, CBDH, TOD Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): IG, IR

Vehicle Parking:
1 parking space per 150 square feet of gross floor area, excluding utility areas and basement storage.
See § 177-32: Parking for more detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
The Town Council of West Hartford has found and determined that:

A. The easy and convenient availability of certain types of firearms has increased the potential for firearm-related deaths and injuries from violent crimes, such as armed robbery and aggravated assault, as well as from accidents arising from the use of firearms;

B. The permissible inclusion of retail stores selling firearms in a neighborhood business district is inconsistent with the purposes and requirements of that district as described in § 177-3B(3) of the West Hartford Code because firearm stores do not provide convenience goods and services for the neighboring residential areas and because such stores cater to a market area substantially larger than the neighborhood the district is intended to serve;

C. The permissible inclusion of retail stores selling firearms as a permitted accessory use, rather than as a permitted main use, would be more consistent with the purposes and requirements of the Shopping Center District, the General Business District and the Central Business District; and

D. The public health, safety and welfare of its citizens will be protected by limitations of retail firearm stores to certain zoning districts.

IR and IG Districts:
Permitted use in these districts subject to issuance of a building and/or zoning permit and subject to § 177-42B.

BS, BC, CBDH, BG and TOD Districts:

Permitted accessory use in these districts subject to the same permits and review procedures as the main use to which it is an accessory.

Signs

Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, including the devices displayed within three feet behind windows and visible from outside of the building. Merchandise or facsimile merchandise shall not be considered a sign.

Solar energy systems

SOLAR ENERGY SYSTEM

A device or combination of devices or elements which rely upon direct sunlight as an energy source to produce heat and/or electricity. Off-grid photo-voltaic solar panels which serve only a single electrical fixture or appliance, such as low-voltage landscape lighting or similar, are exempt from the provisions of this section.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A freestanding solar energy system which is directly attached to the ground rather than being installed on another structure such as the roof of a home, shed or garage. Pole-mounted solar energy systems are a subcategory of ground-mounted solar energy systems in which the solar panel array is mounted atop a monopole structure, typically in connection with mechanical equipment designed to allow the solar panel array to track the movements of the sun.

Districts Where Allowed Permitted as Accessory Use: BC, BG, BN, BND, BO, BOL, BS, CBDH, EP, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Development Requirements:

Solar energy systems, fuel cells and the aboveground portion of closed loop geothermal systems shall be treated as accessory buildings which must comply with the requirements of § 177-20E except as further specified in Subsection C(3)(b)[2] of this section.

All transmission lines from solar energy systems, fuel cells and closed loop geothermal systems to any other building or structure shall be located underground to the extent feasible. This requirement shall not apply to transmission lines owned or managed by any public utility company.

All solar energy systems, fuel cells and closed loop geothermal systems shall be installed according to manufacturer specifications, the requirements of any applicable utility company interconnect agreements and any applicable codes including, without limitation, the Connecticut Building Code.

Where the system is designed to generate electricity, clearly visible warning signs concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

In addition to the requirements of Subsection C(1), solar energy systems shall be subject to the following additional requirements:

(a) The system must be designed to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.

(b) Height limitations:

[1] The highest point of a roof-mounted solar energy system shall not exceed the maximum height limitation for the building upon which it is mounted or two feet above the roof of the building to which it is attached, whichever height is lower, except:

[a] On buildings with flat roofs which are located in multifamily residential, commercial or industrial zones, a roof-mounted solar energy system may extend up to 10 feet above the roof of the building upon which it is installed, provided that the solar energy system shall be set back from the perimeter of the roof by a distance equal to one foot for each one foot in height less the height of any parapet wall at the perimeter of the roof; or

[b] Where a main use is subject to special use permit approval pursuant to § 177-42A, an applicant may seek such approval for installation of a roof-mounted solar energy system extending up to 10 feet above the roof of the building upon which it is installed.

[2] Where permitted, ground-mounted solar energy systems shall not exceed 10 feet in height. In residential zones, ground-mounted solar energy systems shall not cover more than 10% of the area of the required rear yard in which the system is to be located, except that where a main use is subject to special use permit approval pursuant to § 177-42A, an applicant may seek such approval for installation of a ground- or pole-mounted solar energy system extending up to the maximum height permitted for main buildings in the zone. Height shall be measured at the highest point on the system. Where components of the solar energy system track the sun's movement across the sky, the height shall be measured relative to the system's most vertical position. Ground-mounted solar energy systems shall also be subject to the following limitations:

Zone	Ground-Mounted	Pole-Mounted
All multifamily zones, R-6, R-10, R-13	Prohibited	Prohibited
R-20	Permitted in rear yard only	Prohibited
R-40, R-80	Permitted in rear yard only	Permitted in rear yard only
All commercial and industrial zones	Permitted	Permitted

(c) Building-integrated systems are deemed to be a component of the structure into which they are integrated and are subject to the requirements of this chapter which otherwise apply to the structure itself.

(d) The surface area of ground and pole-mounted solar energy systems, regardless of mounted angle, shall be calculated as part of the maximum lot coverage of all buildings.

(e) Solar energy systems shall be maintained in good working order at all times. If a solar energy system ceases to perform its originally intended function for more than six consecutive months, the property owner shall promptly remove the collector, mount and associated equipment except where it is in the process of being repaired or is out of service pending the completion of other ongoing work at the property.

(f) The owner of a property on which a solar energy system is installed and/or the owner(s) of the solar energy system itself assume(s) all risk associated with diminished performance of said system caused by any present or future use of nearby property that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

In addition to the requirements of Subsection D(1), solar energy systems shall be subject to the following requirements:

(a) The system must be designed to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.

(b) Solar energy systems installed as main uses shall not exceed 20 feet in height except that an applicant may seek special use permit approval pursuant to § 177-42A for installation of a solar energy system extending up to the maximum height permitted for main buildings in the zone where there is good cause to increase heights to more than 20 feet. In the case where components of the solar energy system track the sun's movement across the sky, the height shall be measured relative to the system's most vertical position.

(c) The surface area of ground or pole-mounted solar energy systems, regardless of mounted angle, shall be calculated as part of the maximum lot coverage of all buildings.

(d) Solar energy systems which are obsolete or otherwise no longer in use shall be removed completely. For purposes of this subsection, a solar energy system shall be deemed to be no longer in use if it has not been used to generate electricity for a continuous period of six months except where it is in the process of being repaired or is out of service pending the completion of other ongoing work at the property.

(e) The owner of a property onto which a solar energy system is installed and/or the owner(s) of the solar energy system itself assume(s) all risk associated with diminished performance of said system caused by any present or future use of nearby property that may interfere with the system's ability to produce power at its rated capacity, regardless of when that adjacent structure or landscaping is constructed or installed.

Permitted as both a main use and an accessory use.

Swimming pools

Telecommunication towers and antennas

SUPPORTING STRUCTURE

Any tower, pole, mast or similar structure which is used to support a telecommunications antenna and which, when measured in conjunction with the telecommunications antenna which it supports, is more than 15 feet in height or extends the height of any existing building or other structure by more than 15 feet. Any antenna shall be deemed to be attached directly to the building or other structure when its height, in conjunction with the tower, pole or mast supporting it, is 15 feet or less. The term "supporting structure" shall not be construed to include any building, cupola, bell tower, steeple, water tank, water tower or lattice-type utility transmission line support tower which serves the secondary purpose of supporting telecommunications antennas.

ANTENNA
A device, commonly in the form of a metal rod or plate, wire panel or dish, used to transmit or receive telecommunications signals. An antenna is typically mounted upon a supporting structure or upon a building, steeple, bell tower or other structure.

See § 177-16.7B for additional terms associated with this use.

Districts Where Allowed Permitted By Right: BG, EP, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BN, BND, BO, BOL, BS, CBDH

Development Requirements:
Preamble. This section is intended to regulate telecommunications facilities to the fullest extent permissible within the limits established by the Federal Telecommunications Act of 1996, Public Law 104-104 (the Act). Wherever possible, the terms of this section should be interpreted in a manner consistent with the Act, with any amendments to the Act which may be adopted hereafter and with any court or regulatory agency decisions interpreting the Act. This section shall not be construed to regulate or apply in any way to any use where such regulation or application would conflict with or be preempted by any provision of state or federal law. The uses defined, regulated or permitted pursuant to this section shall not be deemed to fall within any other category of use (whether defined or undefined) which is regulated by the Zoning Ordinances of the Town of West Hartford.

Telephone exchange, electric substation and other public utility use

Temporary seasonal outdoor sale of green grocer products

Districts Where Allowed Permitted By Right: BC, BG, BN, BND, BS, CBDH, IE, IG, IP, IR, TOD

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Temporary seasonal outdoor sale of green grocer products, i.e., fresh fruits, vegetables, as well as hot or cold fresh or prepared foods and home garden plants and flowers, as an accessory use to an existing food store/food market, provided that the display area stand is not located in a required parking or driveway area. Location of any product display stand shall not obstruct the pedestrian right-of-way and shall not obstruct building or site egress, emergency access or create site sight obstructions to vehicular traffic.

Theater

A space in a suitable and permanent building kept, used, maintained, advertised and held out to and known by the public as primarily a place for the viewing of motion pictures or performing arts, including but not limited to dramatic, operatic, musical, dance, comedic or other live performances. If alcoholic drink is served in any theater, hot food shall also be offered for service. The service of alcoholic drink and food shall be adjunct to the primary function of viewing motion pictures or performing arts. The service of alcoholic drink shall operate under the applicable liquor permit as provided in C.G.S. Chapter 545, § 30, as amended, and comply with all Liquor Control Commission regulations appertaining thereto.

Utility transmission lines and substations

Districts Where Allowed Permitted By Right: BC, BG, BN, BND, BO, BS, CBDH, EP, IE, IG, IP, IR, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO, RP, TOD

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Development Requirements:
For purposes of this section the term "public utility structure" shall include any structure erected by a public service company, as that term is defined by Connecticut law, unless the location of said structure is regulated by the Connecticut Siting Council or unless said structure is subject to the requirements of § 177-16.7 of this Code of Ordinances, in which case the requirements of that section shall apply in lieu hereof.

Public utility structures erected in connection with operations which service the citizens of West Hartford shall be permitted as either main or additional uses on any lot subject to the provisions of this section.

Standards.

(1) The location, construction and right-of-way of any public utility structure shall be such as to prevent hazard to the public and surrounding property.

(2) All standards for the zone in which a public utility structure is to be located shall be met. In the event that a public utility structure is to be located on a lot which is already improved, the public utility structure shall comply with the standards applicable to accessory uses in the applicable zone and the combination of all structures on the lot, including the public utility structure, shall not be permitted to exceed the lot coverage limitations for the zone.

(3) There shall be suitable fencing to protect the public and landscaping to effectively screen the public utility structure from surrounding property.

Vehicle-intensive business

A business, the primary purpose of which is to provide services to the public involving vehicles or mechanical equipment off the business premises, such as transport, hauling, common freight carriers or construction, but which involves the parking of said vehicles on the business premises during nonbusiness hours. Examples of such businesses include but are not limited to bus or other private commercial business vehicle fleet yards, such as taxicab companies, parcel delivery services or freight hauling companies, construction companies, refuse haulers and furniture moving companies. "Vehicle-intensive business" shall not include agencies limited to the rental of passenger automobiles or passenger vans but shall include enterprises solely in the business of renting or leasing commercial vehicles, such as trucks or trailers and/or other mechanical equipment.

Veterinary facility

Districts Where Allowed Site Plan, Lot Split or Lot Line Revision Approval (Town Planner): BC, BG, CBDH, IE, IG, IP, IR, TOD Special Use Permit: BN, BND, BO, BOL, BS, R-10, R-13, R-20, R-40, R-6, R-80, RCO, RI, RM-1, RM-2, RM-3, RM-3R, RM-4, RM-MS, RM-O, RO

Vehicle Parking:
See § 177-32: Parking for detailed information on parking requirements.

Merchandise Loading:
See § 177-32J for detailed information on off-street loading.

Development Requirements:
Veterinary facilities comprise a broad range of commercial activities ranging from the small animal practice of a single veterinarian to large hospital-like practices of multiple veterinarians. These facilities may devote their practices to small animal species or may also tend to large animal species which require unusual equipment or facilities. These varied business types may require on-site facilities for the keeping of animals for several days, either due to medical needs or as an accommodation to customers looking for the boarding of their pets. While veterinary facilities are all commercial uses which may have a broad range of impacts upon surrounding properties, it may also be appropriate that they be located near the residences where their customers live with their pets both for convenience and for the physical and emotional well-being of both pets and owners. For these reasons, and provided that the potential negative impacts associated with their presence are addressed adequately, veterinary facilities are permitted in residential zones subject to the requirement that a special use permit be obtained therefor in accord with the provisions of West Hartford Code of Ordinances § 177-42A and subject to the additional limitations set forth in this section. These additional requirements shall be construed as a threshold set of requirements and should not be construed in a manner which would otherwise restrict the discretion of the Plan and Zoning Commission pursuant to § 177-42A in any way.

A. Veterinary facilities located in residential zones shall maintain the residential character of the buildings in which they are located and should minimize the impact of associated signage by limiting the size and tone thereof.

B. Veterinary facilities located in residential zones should be located on principal arterial streets as established in the Plan of Conservation and Development as may be amended from time to time.

C. Outdoor pens or other outdoor exercise facilities for animals are not permitted at veterinary facilities located in residential zones.

D. Crematory facilities for the disposition of deceased animals are not permitted at veterinary facilities located in residential zones.

E. In residential zones, routine appointments shall be limited to the hours between 7:00 a.m. and 8:00 p.m. on Monday through Saturday. Emergency medical care and tending to the needs of animals by staff members shall be permitted outside these hours, provided that the applicant shall provide a detailed operational statement regarding its plans to offer emergency medical care and shall establish procedures for minimizing the impacts of such operations upon surrounding properties.

Water supply and sewage disposal system and facility

Wholesale business and storage warehouse use

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West Hartford, CT

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