Town of West Hartford - General Requirements

Access to Adjoining Zoning Use
Where a parcel of land in the name of one owner of record is located in West Hartford and in an adjacent town with different zoning classifications applicable to the portion of the property located in each town, the Town Council may permit access from a public highway across the portion of the property located in West Hartford, when such access road would not otherwise be a permitted use within the zoning classification applicable to the West Hartford property, to a commercial use located on the portion of the property in the adjacent town, provided that:

A. The primary use is a permitted use in the adjacent town.
B. The primary use for the entire parcel is located in the adjacent town.
C. The parcel of land shall have not less than 200 feet of frontage on the public highway to be accessed.
D. The access road shall meet the standards imposed for public highways under Chapter A184, Subdivision Regulations.
E. The Town Council determines after notice and hearing that the access road will not have an adverse impact on public health or safety.

Alcoholic Beverages
A. The portion of any structure in which the sale of alcoholic liquor is proposed under a package store permit or a package store beer permit shall be at least 1,500 feet distant from the portion of any other structure in which alcoholic liquor is sold under either of said permits. Said distance requirement shall be measured as follows: beginning at the center of the main entrance of the portion of the structure in which said sale is proposed, thence to the center of the address street by the shortest distance without intersecting a structure, thence along the center line of said street or streets to a point in the address street of the nearest portion of any other structure in which alcoholic liquor is sold under either of said permits, thence by the shortest distance without intersecting a structure to the center of the main entrance of the portion of the structure in which alcoholic liquor is sold under either of said permits. In no case shall the portion of any two structures in which alcoholic liquor is sold or proposed to be sold under a package store permit or a package store beer permit be located within a radius of 700 feet as measured from the centers of the main entrances of said portions of said structures.

B. The sale of alcoholic liquor under any class of permit listed in Chapter 545 of the Connecticut General Statutes, see § 177-36B for details.

C. The sale of alcoholic liquor under a wholesaler permit or a wholesaler permit for beer only is permitted as a main use in those districts specified under § 177-6B, Item 35 of the Schedule, and is subject to the restrictions set forth under Subsection B above.

D. The sale of alcoholic liquor under a manufacturer permit, including each of the subclasses of manufacturing permittees listed in C.G.S. § 30-16, or a Connecticut craft cafe permit is permitted as a main use in those districts specified under § 177-6B, Item 58 of the Schedule, and is subject to the following:

(1) All such uses shall be subject to the restrictions set forth under Subsection B above.

(2) Where any portion of the unit of occupancy is used for the retail sale or consumption of alcoholic liquor for consumption on or off of the premises, including outdoor patron areas, parking spaces shall be provided for said retail area at the rate required in this chapter for retail and personal service establishments.

(3) Outdoor patron areas:

Outdoor patron areas shall be identified by a barrier, such as fencing or planters, in order to define their boundaries. Barriers that preserve an open appearance should be used whenever possible. The use of permanent structural walls or any vertical screening device of more than four feet in height 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 patron area is located on property adjoining a residential district, it shall be subject to a minimum setback of 200 feet from that district and, at a minimum, to Type C screening and/or a screening fence which separates it from that district.

Where outdoor patron areas directly abut the public street, no permanent structure shall be erected between the building that houses the manufacturer 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 shall be used but temporary screening walls may be lowered during times of ongoing precipitation.

Fire hydrants and fire hose couplings and/or connections on buildings shall not be obstructed. Underground utility facilities such as cabinets or vaults shall be identified on all plans, and arrangements shall be made to ensure continued access to utility providers for maintenance of any such facilities.

The outdoor patron area must also meet the requirements (if any) of any state agency having jurisdiction over the service of alcoholic beverages.

When an outdoor patron area is located adjacent to a public pedestrian walkway, access to the patron area shall be maintained flush with said walkway. In all cases, the outdoor patron area shall be capable of accommodating disabled patrons.

Management shall ensure that the patrons do not disturb persons beyond the premises through loud, boisterous or unreasonable noise, offensive words or disruptive behavior.

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

During the season when the outdoor patron area is in operation, it shall be kept clear of litter, food scraps or soiled dishes and utensils at all times. The entire floor/sidewalk surface in and around the outdoor patron area shall be swept as necessary, but not less frequently than daily, and cleaned to remove greases, oils and stains by steam cleaning or a similar process on a monthly basis. Spilled materials shall be cleaned promptly. Sweeping debris or spilled materials into the gutters of public streets shall be prohibited. This requirement shall also apply to any areas beyond the outdoor patron area which are traversed by restaurant staff and/or patrons.

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 if they advertise the manufacturer or any product or service, the full surface area of each such umbrella shall be treated as signage.

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

Where the outdoor patron area abuts the public street, all furniture, fencing, shrubbery and other fixtures shall be removed and stored indoors during months when the outdoor patron area is not in use. No permanent structures shall be permitted to remain between the building that houses the manufacturer and the abutting street except retractable awnings located at least seven feet above the ground. In all other locations, a storage plan for all furniture, fencing, shrubbery and other fixtures associated with the outdoor dining area shall be submitted for review and approval by the Town Planner.

E. The sale of alcoholic liquor under a grocery store beer permit, a druggist permit or a druggist permit for beer only is permitted as part of a permitted main use under § 177-6B, Item 22 of the Schedule, and is subject to the restrictions set forth under Subsection B above.

F. The sale of alcoholic liquor is permitted under a hotel permit, a hotel permit for beer, a café permit for indoor recreation or amusement facilities 15,000 square feet or larger in the CBDH District, a restaurant permit, a restaurant permit for beer only or a restaurant permit for wine and beer only, as part of a main use under § 177-6B, Items 8, 24, 25 or 60 of the Schedule as applicable, or as part of an accessory use under § 177-6C, and subject to the following:

(1) The location of such use is subject to the restrictions set forth under Subsection B above; and
(2) The sale or serving of alcoholic liquor is permitted only in a restaurant as defined in C.G.S. § 30-22, as that section may be amended or recodified from time to time, or in any location in an indoor recreation or amusement facility 15,000 square feet or larger in the CBDH District where food and/or beverages are served. For purposes of this section, the premises of a restaurant located on a golf course shall include any location on said golf course where food and/or beverages are served.

G. A university shall be allowed to engage in the retail sale of beer at one facility per campus under a university permit, see § 177-36G for details.

H. For purposes of this section, the terms "package store permit," "package store beer permit," "wholesaler permit," "wholesaler permit for beer only," "hotel permit," "hotel permit for beer," "grocery store permit," "druggist permit," "druggist permit for beer only," "restaurant permit," "restaurant permit for beer only," "restaurant permit for wine and beer only," "university permit," "manufacturer permit" and "alcoholic liquor" shall be deemed to have the same meanings as those terms have under Chapter 545 of the Connecticut General Statutes as that chapter may be amended or recodified from time to time.

Bulk Regulations for Open Space Developments
A. Detached dwellings. Bulk regulations for open space developments of detached dwellings shall be as follows: see table for detailed information.

B. Attached dwellings.

(1) Bulk regulations for open space developments of attached dwellings shall be as follows: see table for detailed information.

(2) Front, side and rear yards not adjoining the boundaries of the subject tract are not required; however, where provided, they shall be at least 10 feet.

(3) Minimum gross floor area.

(a) Per dwelling of five or more rooms: 1,200 square feet.
(b) Per dwelling of four rooms: 1,000 square feet.
(c) Per dwelling of three rooms or fewer: 800 square feet.

(4) Each dwelling unit shall have at least one private yard of not less than 250 square feet, enclosed on all sides with a solid fence or wall at least seven feet high, except that no such fence or wall shall be required where said yard adjoins any portion of the open space at least 50 feet wide.

Change of Lot Area and Dimensions
No lot shall be so reduced in area or changed in dimensions that any required yard or other open space will be smaller than prescribed by this chapter.

Development Bonus Standards in BND, BN, BS Zones
To encourage the use of the Neighborhood Business Design District, the Neighborhood Business District and the Shopping Center District and the appropriate development and redevelopment within those districts, which further the goals outlined in the Plan of Conservation and Development, upon application to the Town Council for a special development district, pursuant to § 177-44 the Town Council may grant the development bonuses set forth in Subsection B, below, provided that the Town Council makes the findings in Subsection A in addition to the findings required pursuant to § 177-44.

A. Findings.

(1) That the development is of a contextually sensitive design and appropriate scale, taking into account the height and setback requirements of adjoining properties in more restrictive zones.

(2) That the development incorporates adequate landscaping and open space to accommodate an increased intensity of use above that allowed as of right.

(3) That a right-sized, adequate amount of parking exists to meet the demand of the existing and proposed development.

(4) That adequate street capacity exists on adjacent streets to accommodate the traffic projected to result from any increased intensity of use above that allowed as of right.

(5) That appropriate bicycle and pedestrian amenities, including but not limited to bicycle storage and/or parking, park benches and pedestrian walkways, are provided.

B. Development bonus standards.

(1) Additional development bonuses are available for projects in the BND, BN and BS Districts that satisfy the criteria as set forth in § 177-43D(1).

(2) In addition to the development bonuses identified above, the maximum height of buildings in the BND and BN Districts may be increased to three stories or 36 feet, whichever is less.

Drainage Water
No structure shall be used, erected or expanded, and no land shall be graded or hard-surfaced, unless provisions have been made and approved by the Department of Community Development for the proper disposal of drainage water, particularly from parking areas and driveways, from areas contiguous to property lines and from low areas which tend to collect drainage water.

Dwelling Units Facing Court of Buildings On Same Lot
A. Statement of purpose. The following standards are intended to secure adequate light, air and privacy for dwelling units facing a court of buildings on the same lot.

B. Standards. The minimum horizontal width between opposite walls of a court shall be as follows:

(1) Where two or more of the opposite walls contain windows of habitable rooms, the width shall be at least twice the height of the highest of said walls or 75 feet, whichever is more, except that a distance of not less than 50 feet shall be permitted for a length of not more than 100 feet for buildings of two or fewer stories and for a length of 50 feet for buildings of three or more stories, provided that exceptions shall not be repeated within 100 feet, measured along the same side of the court. A distance of more than 120 feet shall not be required.

(2) Where only one of the opposite walls contains windows of habitable rooms, the width shall be at least equal to the height of the highest wall containing no windows or 30 feet, whichever is more, except that a distance of not less than 50 feet shall be permitted for a length of not more than 50 feet for buildings of five or more stories, provided that exceptions shall not be repeated within 100 feet measured along the same side of the court.

(3) When opposite walls contain no windows of habitable rooms, the width shall be at least 1/3 of the height of the highest wall or 10 feet, whichever is more.

(4) Where one or more of the opposite walls of a court of less than 20 feet in length contain windows of habitable rooms, the width shall be at least 30 feet.

Hours of Operation
A. The following classes and categories of uses listed in § 177-6B shall not be permitted to be open to the public between the hours of 2:00 a.m. and 5:00 a.m. unless a special use permit has been granted to authorize operations between those hours:

(1) Banks, including drive-in facilities (except automatic teller machines).
(2) Retail businesses dealing with the consumer on the premises, including retail firearms stores.
(3) Establishments performing personal services.
(4) Restaurants with or without alcoholic drink and other establishments serving food and nonalcoholic drink.
(5) Outdoor recreation areas operated for profit.
(6) Theaters.
(7) Motor vehicle sales, service and repair facilities (except towing services).
(8) Adult-oriented establishments.

B. In determining whether to grant a special use permit authorizing the above-listed categories of uses between the hours of 2:00 a.m. and 5:00 a.m., the Plan and Zoning Commission shall, in addition to those criteria set forth in § 177-42A, evaluate the safety of both the use and of the site during late-night hours and may impose such conditions as it deems to be necessary to ensure public safety during those hours.

C. The following classes and categories of uses listed in § 177-6B shall not be permitted to be open to the public between the hours of 12:01 a.m. to 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; and 1:00 a.m. to 5:00 a.m. Saturday and Sunday.

(1) Indoor recreation or amusement facilities, excluding nightclubs, dance halls or dance clubs.

D. Exception. The preceding subsections shall not amply to retail businesses dealing with the consumer on the premises, including retail firearms stores, on the Friday following Thanksgiving and/or during the seven days preceding Christmas Day.

Miscellaneous Open Space Regulations
A. The total area of the open space shall be at least equal to the area resulting from the actual reduction of the individual lot areas. At least 75% of the open space shall be 50 feet wide or more.

B. The open space may be established in separate parcels or as a conservation easement across individual lots, provided that at least 50% of the total open space is contiguous, and provided further that no area of less than 2,500 square feet or a width of less than 20 feet shall be considered as part of the open space.

C. All dwelling units shall have access to land designated as open space.

D. Land which has been established as either a wetland or watercourse for purposes of inland and wetlands and watercourses regulation shall be excluded from any open space area calculations.

E. All residents of an open space development shall have the same rights and responsibilities regarding the use of the open space and all facilities provided therein.

F. In accord with the requirements of § 177-13, the applicant shall endeavor to prevent the excessive runoff of drainage water and the consequent depletion of groundwater.

Nonconforming Uses and Structures
A. Existing uses. The lawfully permitted use of land or structures existing at the time of the adoption of this chapter or any amendment thereto may be continued subject to Subsection G of this section although such use does not conform to the standards of the district in which such land or structure is located. Said uses shall be deemed nonconforming uses.

B. Nonconforming use of land. Where no structure is involved, the nonconforming use of land may be continued; provided, however, that:

(1) No such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter.

(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

(3) If such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than 30 days or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.

C. Nonconforming use of structures.

(1) A structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use. (Also see Subsection D of this section.)

(2) Such nonconforming structure shall not be structurally altered or reconstructed unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming structure in sound condition shall be permitted.

(3) A nonconforming use may be extended throughout any parts of the structure which were manifestly arranged or designed for such use at the time of the adoption of this chapter, provided that this extension was made within one year after the date of such adoption.

(4) A nonconforming use of a structure may be changed to a conforming use.

(5) If any nonconforming use of a structure ceases for any reason for a continuous period of more than one year or is changed to a conforming use or if the structure in which such use is conducted or maintained is moved for any distance whatsoever, for any reason, then any future use of such structure shall be in conformity with the standards specified by this chapter for the district in which such structure is located.

(6) If any structure in which any nonconforming uses are conducted or maintained is removed, the subsequent use of the land on which such structure was located, and the subsequent use of any structure thereon, shall be in conformity with the standards specified by this chapter for the district in which such land or structure is located.

D. Structures conforming in use but nonconforming in other respects. A structure which is conforming in use but which does not conform to any of the other requirements of this chapter for the district in which said structure is located shall not be considered to be nonconforming within the meaning of Subsections C, E, F and G. However, no permit shall be issued and no changes shall be made on the structure or the land on which such structure is located that will result in the increase of any such nonconformity.

E. Restoration of damaged structures.

(1) If any structure legally nonconforming in use is damaged or destroyed by fire, explosion, act of God or the public enemy to an extent greater than 50% of its fair market value, as determined by the Director of Assessments, then any future use of the structure and land on which such structure is located shall be in conformity with the regulations of the district in which such structure is located. Such a structure damaged to an extent of less than 50% of said fair market value may be rebuilt and the use continued, but not to any greater extent than in the previously existing structure, but where, in the opinion of the Building Inspector, such rebuilding can feasibly be done in greater conformity with this chapter, the Building Inspector shall so require in any building permit.

(2) Any structure legal in use but nonconforming in other respects, which is damaged or destroyed by fire, explosion, act of God or the public enemy to an extent greater than 50% of its fair market value as determined by the Director of Assessments shall, in its parts reconstructed, conform to the requirements of this chapter.

F. Registration of nonconforming uses. Any nonconforming use of land or structure may be registered in the office of the Building Inspector within one year after the adoption of this chapter. Such registration shall include the identification of the premises, a description of the nature and extent of the nonconforming use and, if necessary, to describe, a plot plan, drawn to scale, showing property lines, all structures and any other pertinent information, and an affidavit by the owner as to the date since which such nonconforming use has existed. Failure to so register shall place the burden of proof on the property owner that any alleged nonconforming use of land or structures legally existed at the time this chapter or any amendment thereto became effective.

G. Reduction of adverse external effects. The Plan and Zoning Commission is authorized to recommend to the Town Council a plan for reducing the adverse external effects of any nonconforming use. In the plan, the Commission shall set a date not less than six months nor more than two years from the date of the Council's approval of said plan for compliance with the corrections and changes proposed by the Plan and Zoning Commission. In acting on said plan, the Town Council shall proceed according to the provisions of the Town Charter regarding amendments to this chapter. If approved, the plan shall become part of the zoning regulations for the particular property in question. Action under this section is not intended to prohibit the use of a property for a legally nonconforming purpose.

Obstructions in Yards
No structures or projections shall be permitted in any required yard, except as follows:

A. Minor projections of structures, such as window or door frames and sills, belt courses, cornices or other architectural features, may project not more than six inches into any required yard.

B. Major projections of structures, such as chimneys, bay windows not longer than 25% of the wall from which they project, eaves, roofs over doorways, hatchways, areaways and fire escapes, may project not more than four feet into any required yard, provided that they shall not be closer than four feet to any lot line.

C. Walls or fences not exceeding seven feet in height measured above the adjoining finished grade are allowed only in any required side or rear yard. Minor variations of less than one foot in elevation of the adjoining finished grade shall not affect the measurements of the height of such fence or wall, except for underground parking facilities as in § 177-32E.

D. No structure shall be erected between the building line and the street line, except:

(1) A wall or fence not over four feet in height and not more than 1/2 solid;
(2) Signs as specified in § 177-33; and
(3) A handicapped ramp, as defined in § 177-2B, which is added to an existing structure or existing portion of a structure, provided that such ramp shall have the minimum possible intrusion into the area between the building and street line.
(4) A porch, veranda or portico (as defined in § 177-2B) may be allowed forward of the building line, but may not extend beyond the veranda line or 10 feet forward of the front yard building line, whichever is greater. It is the intent of this subsection that open porches, verandas and porticos should be permitted because they enhance and encourage neighborhood interaction and a sense of community as well as providing an opportunity for unique and interesting streetscapes. Porches enclosed by glass, screens or other enclosure materials do not meet the intent of this subsection. In keeping with this intent, the following requirements shall be met by all porches, verandas or porticos constructed pursuant to this section:

(a) A porch, veranda or portico located under the provision of Subsection D(4) above shall not be enclosed by screens, glass or other enclosing material.
(b) To ensure user safety, porches, verandas or porticos may be surrounded by a balustrade or other decorative half-wall up to 42 inches high. Such balustrade or half-wall shall be not more than 1/2 solid and may not be further enclosed or covered.

E. 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.

Parking
General requirements. All structures and land uses erected, expanded or established after the adoption of this chapter shall be provided with an amount of off-street vehicular parking space and loading and unloading space adequate to meet the needs of persons making use of such structures of land, which shall not be less than the standards specified in Subsections I and J of this section.

Overnight parking. A motor vehicle permitted to be parked overnight may not be in a state of disassembly, disrepair or in the process of being stripped or dismantled unless it is in a fully enclosed structure or permitted by the Zoning Board of Appeals pursuant to a car dealer's license, a car repairer's license or a special exception.

Location. The parking and loading facilities which are required by this chapter shall be provided on the same lot or premises with the structure or land use they are to serve, except as provided under Subsection G of this section.

Specifications.

(1) Parking and loading facilities shall be designed to provide for safe circulation of vehicular and pedestrian traffic within the parking area and in relation to adjacent streets.

(2) Parking and loading facilities shall be laid out so that vehicles shall enter and leave the public street or right-of-way only at the approved entrances and exits.

(3) All parking spaces in parking areas of more than 25 cars and all loading spaces shall be so located that vehicles entering or leaving such spaces do not block any entrance drive to the parking facility within 20 feet of any street.

(4) Any area of 100 square feet or more in a parking lot which is not required for a parking space, loading space, aisle, driveway or walkway shall be landscaped. In every parking area, at least one tree shall be provided for each 10 parking spaces provided in said parking area. The trees shall be distributed over the entire parking lot. Parking structures are exempt from the requirement of this subsection.

(5) Provisions shall be made to prevent vehicles from overhanging any walkway and from damaging trees or other landscaping materials. If a parking lot abuts a sidewalk, a strip of landscaping at least four feet wide shall be provided to prevent encroachment on said sidewalk.

(6) An underground parking structure may be erected between a building line and a street line in any district where surface parking is prohibited between said lines under the following conditions:

(a) The height of the structure shall be not more than three feet over the land surrounding the structure.
(b) The top of the structure shall be landscaped.
(c) The structure shall not be closer than two feet to any lot line or street line.

(7) No parking spaces shall be located within 15 feet of windows of habitable rooms of dwelling units, measured horizontally and vertically, except where the parking space is located in a structure or completely under such habitable room. This subsection shall not, however, apply in the following zoning districts: R-80, R-40, R-20, R-13, R-10 and R-6.

(8) Dimensions of parking spaces and aisles shall be at least as follows:

(a) Width of space: nine feet or 10 feet if adjacent to a wall or column.
(b) Length of space: 20 feet.
(c) Width of aisle: see table for detailed information.
(d) Reserved areas suitably marked for compact and substandard-sized cars may be substituted at the rate of one space in six spaces. The width and length of space of said compact spaces shall be eight feet and 17 feet, respectively.

(9) Dimensions of loading spaces shall be at ]east as follows:

(a) Full loading space: 12 feet by 45 feet.
(b) One-half loading space: 12 feet by 22.5 feet.

(10) Public garage, see § 177-32E(10) for details.
(11) Parking storage spaces, see § 177-32E(11) for details.

(12) All parking spaces shall be on bituminous concrete, crushed stone, concrete, brick paving or other permanent hard-surfaced area. Grassed lawn areas may not be utilized for motor vehicle parking.

(13) In one-family residence districts, circular driveways are permitted, see § 177-32E(13) for details.
(14) Parking in a one-family residential district shall be allowed, see § 177-32E(14) for details.

Areas leased for public parking. Where all or part of a private parking area serving a land or business use on the same property is leased to or accepted by the Town for use as a public parking area, the number of parking spaces possible on such land under the standards of this chapter shall continue to be credited toward meeting the zoning requirements for such use, provided that the land is leased or ownership transferred without cost to the Town.

Schedule of off-street parking requirements. Where a property includes two or more of the following uses, the parking requirements shall be the composite of the requirements of the various uses. See § 177-32I for a list of parking requirements.

See § 177-32: Parking for complete, detailed information.

Projections Above Roof Level
The height limitations of this chapter shall not apply to church spires, belfries and domes not used for human occupancy nor to chimneys, skylights, water tanks, bulkheads, antennas, air-conditioning equipment, ventilating equipment or elevator lift equipment, including their enclosures, parapet walls above actual roof height and similar features usually carried above the roof level, except as may be specifically modified by other provisions of this chapter or other regulations. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve.

Removal and Replacement of Topsoil
The removal or destruction of topsoil of more than 1,000 square feet on any lot shall not be permitted except in connection with construction, regrading or landscaping work. After completion of such work, the topsoil shall be replaced and seeded according to accepted landscaping practices.

Required Street Frontages
No building or zoning permit shall be issued for any structures or land use unless the lot for which the permit is sought has the required frontage on a public or private street, which street shall have been approved by the Plan and Zoning Commission, or, in the case of a rear lot, upon the private driveway which provides access to the rear lot. The minimum required frontage in all districts shall be 50 contiguous feet or more. In the case of a rear lot which is serviced by a private driveway providing access to the street, the minimum frontage requirement shall be reduced to the minimum required driveway width for that rear lot, measured at the point where the driveway crosses into the buildable portion of the rear lot, but the lot line along which frontage is measured must also continue, in an uninterrupted straight line, for such further distance as is necessary to provide a total lot line length of 40 feet.

Screening and Landscaping
A. Statement of purpose. The following standards are intended to enhance the appearance and natural beauty of the Town and to protect and increase property values through preservation of existing vegetation and planting of new screening and landscaping material. Specifically, these standards are intended to reduce excessive heat, glare and accumulation of dust, to provide privacy from noise and visual intrusion and to prevent the erosion of the soil, excessive runoff of drainage water and the consequent depletion of the groundwater table and the pollution of water bodies.

B. Defintions. See § 177-34B for terms associated with screening and landscaping.

C. General screening standards.

(1) Landscaping, trees and screening plants required by this chapter shall be planted and in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and screening plants which are in a condition that does not fulfill the intent of this chapter shall be replaced by the property owner during the next planting season for the particular plant material.

(2) A screening fence or wall required by this chapter shall be maintained by the property owner in good condition throughout the period of the use of the lot. Finished surfaces shall face out.

(3) All landscaping, trees and screening material adjacent to parking areas, loading areas or driveways shall be properly protected, by barriers, curbs or other means, from damage by vehicles.

(4) To the extent that existing healthy trees, if properly located, are preserved, they shall be fully credited against the requirements of this chapter. The Planner may determine which trees shall be preserved as part of the site plan.

D. Screening specifications. The following specifications are considered as prototypes. In order to comply with the stated desired effect, the number and spacing of required trees and the width of the screening strip may be varied.

(1) Type A screening. The desired effect is partial visual screening. The width of the screening strip may be varied; however, it shall be at least five feet. Plant material shall consist of large trees spaced about 50 feet on centers or flowering trees spaced about 25 feet on centers, or a mixture of both. Where a continuous landscaped screening strip is impractical, the trees may be located in islands at least 20 square feet in area.

(2) Type B screening. The desired effect is partial visual screening between zoning districts of different classifications. The screening strip shall be at least 15 feet wide. Plant material shall be the same as specified for Type A screening, except that at least 1/2 of the trees shall be evergreens.

(3) Type C screening. The desired effect is complete visual screening of parking and loading areas. The screening material shall consist of a hedge, screening fence or screening wall, or a combination thereof. The screening strip shall be at least five feet wide for said fence or wall and at least 10 feet for a hedge, unless a greater width is specifically required elsewhere in this chapter.

(4) Type D screening. The desired effect is partial visual screening and spatial separation. Plant material shall be the same as specified for Type B screening. The screening strip shall be at least 50 feet wide.

(5) Type E screening. The desired effect is complete visual screening of parking and loading areas and spatial separation. Plant material shall be the same as specified for Type B screening, plus a hedge, screening fence or screening wall. The screening strip shall be at least 50 feet on centers.

(6) Type F screening. The desired effect is primarily spatial separation. The screening strip shall be at least 100 feet wide. Plant material shall consist of a mixture of large trees, flowering trees and evergreens spaced about 50 feet on centers.

(7) For landscaping within parking areas, see § 177-32E(4) and (5).

E. Modifications in standards. The Plan and Zoning Commission is authorized to consider and approve such modifications in the above standards in a specific case where the Plan and Zoning Commission makes a finding that equivalent or superior screening will be provided in such specific cases.

Shielding of Outdoor Lighting
Any outdoor lighting for illumination of signs, spotlighting or floodlighting shall be so shielded that the light source cannot be seen from adjacent properties, except that signs with exposed neon tubes shall be permitted in all business and industrial districts.

Special Development District Plan
A. Purpose. In order to permit and encourage variety and flexibility in land development that will be in harmony with the objectives of the Comprehensive Plan for the Town's development, the Town Council, upon application, may approve, disapprove or approve with modifications a plan for the development of land, which plan may require changes in the regular standards applying to the permitted uses of land in the zoning district in which it is located, subject to the following standards and procedures.

B. Standards.

(1) The property shall be not less than the minimum required lot size in any district unless the application is for a subdivision involving a variety of lot sizes.
(2) The Town Council shall make findings that the plan as approved will be:

(a) In harmony with the overall objective of the Comprehensive Plan, as defined in Article I of this chapter.
(b) Superior to a plan possible under the regular standards of this chapter.
(c) In harmony with the actual or permitted development of adjacent properties.

(3) The total density of development, in terms of floor space, dwelling units and land coverage, shall not be greater than that permitted in the district in which the property is located.
(4) The standards of the Town Subdivision Regulations shall be met where a subdivision is proposed.

See § 177-44: Special development district plan for complete, detailed information.

Special Flood Hazard Area
Areas to which this section applies. For the purpose of preventing damage from flood and other related dangers, the provisions of this section shall apply to all special flood hazard areas (SFHA) within the Town of West Hartford in addition to any land within the Town of West Hartford which is located within a floodplain. A floodplain is defined as:

(1) All land beneath the one-hundred-year storm event indicated in the West Hartford Flood Plain Management Study prepared by the Soil Conservation Service, dated August 1986, a copy of which is on file in the office of the Town Clerk.

(2) All land located within the established stream channel encroachment lines (SCEL) created by the State Department of Environmental Protection and more particularly shown on maps entitled "Channel Encroachment Lines, Park River North Branch," dated September 25, 1964, and "Trout Brook, Channel Encroachment Lines," dated June 1968, and on file in the office of the Town Clerk.

(3) All other lands reserved by the state for flood protection, including but not limited to:

(a) Bugbee Flood Retention Reservoir.
(b) Talcott Mountain Flood Retention Reservoir.
(c) Burnt Hill Flood Retention Reservoir.
(d) South Flood Retention Reservoir.

(4) Additional lands reserved by special development district approvals, subdivision approvals, inland wetlands and watercourse permits, site plan approvals, building plot plans and permits and/or special floodplain studies for floodwater conveyance or storage.

(5) All other as yet undefined lands near to a watercourse which is susceptible to flooding, whether a floodplain study has been performed or not.

Basis for establishing the special flood hazard areas (SFHA).

(1) The special flood hazard areas (SFHA) identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for the Town of West Hartford, dated September 26, 2008, and accompanying Flood Insurance Rate Maps (FIRM), dated September 26, 2008, and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this chapter. Said mapping must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.

(2) The SFHA includes any area shown on the FIRM as Zones A, A1-30, AE, AO, and AH, including areas designated as a floodway on a FIRM or FBFM. The SFHA does not include any area designated on the FIRM as "shaded zone x/other flood areas." SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on the flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. Also included are areas of potential, demonstrable or historical flooding, including any area contiguous with but outside the SFHA identified by FEMA, and where the land surface elevation is lower than the base flood elevation (BFE) as shown in the FIS, and the area is not protected from flooding by a natural or man-made feature. The FIRM and FIS are on file in the office of the Town Clerk, Town Hall, 50 South Main Street, West Hartford, Connecticut.

See § 177-8: Special flood hazard area for complete, detailed information.

Traditional Neighborhood Design District
A. Purpose. See § 177-44.1A for details.
B. Design goals.

(1) The Traditional Neighborhood Design District is designed to ensure development of land as a traditional neighborhood. Its design adopts the urban conventions which were the norm in the United States from colonial times until the 1940's. The Traditional Neighborhood Design District is characterized by the following design elements:

(a) Neighborhoods which are limited in size and oriented toward pedestrian activity:
(b) A variety of retail uses, services, housing types and public facilities;
(c) Residence, retail, workplaces and civic buildings interwoven within the neighborhood all within close proximity;
(d) A network of interconnecting streets and blocks;
(e) A coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit and automotive vehicles;
(f) Well-configured greens, landscaped streets and parks woven into the pattern of the neighborhood and dedicated to the collective social activity, recreation and visual enjoyment of the populace;
(g) Parks and other visual features which act as landmarks and focal points for community identity;
(h) Compatibility of buildings and other improvements as determined by their arrangement. bulk, form, character and landscaping to establish a livable, harmonious and diverse environment;
(i) Buildings which form a consistent, distinct edge and define the border between the public street and the private block interior; and
(j) Architecture and landscape which respond to the unique character of the neighborhood.

(2) Various aspects of these design goals are demonstrated by the following building typologies, the use of which is strongly encouraged when designing new construction or expansion of existing buildings: see § 177-44.1B(2) for illustrations.

(3) Wherever possible the provisions of this section shall be interpreted in a manner which is consistent with these design goals and with the plan of development.

C. Definitions. See 1§ 177-44.1C for terms associated with this district.

D. Applicability. If any parcel of property within the Traditional Neighborhood Design District is proposed to be improved to an extent greater than 50% of its fair market value, as determined by the Director of Assessments, then such parcel shall be developed in compliance with the requirements of this section.

E. Required development standards. The Traditional Neighborhood Design District has specific characteristics which result in compact, mixed-use, pedestrian-oriented neighborhood. Development shall be consistent with the following objectives and standards:

(1) Standards for allowable land uses, lot area, coverage, density and yard requirements shall be determined by underlying base zone requirements. unless this section expressly provides otherwise.

(2) Streets/blocks and streetscape design.

(a) Proposed alleys shall be designed within a 20 foot maximum right-of-way. See § 177-44.1E(2)(a) for an illustration.
(b) The street design used within different areas of the Traditional Neighborhood Design District may vary depending on the proposed function of the street, the anticipated adjacent land uses, the traffic load and the desired character of the area.
(c) Street design shall balance the needs of all users, and streetscape design is critical to this balance. The streetscape shall consist of sidewalks and amenities, such as street trees and street furniture. Providing wide sidewalks, on-street parking and an appealing streetscape encourages pedestrian activity. See § 177-44.1E(2)(c) for illustrations.

(3) Vehicular access.

(a) Access to alleys. Direct vehicular access from a lot to an alley in the district is permitted and preferred. Direct vehicular access from a lot to a street is not permitted, except as provided in this section.
(b) Exceptions. Direct vehicular access from a lot to street may be permitted in the discretion of the Town Planner if an alley cannot reasonably be provided.
(c) Joint access driveways. If adjacent lots have direct vehicular access to a street, the Town Planner may require that the access be through a common or joint driveway

(4) Parking. See § 177-44.1E(4) for detailed information.
(5) Building placement.

(a) In the Traditional Neighborhood Design District buildings are used to form a distinct street edge and define the border between the public space and the private space of the individual lot. This promotes active streets and provides visual interest to the pedestrians. In order to achieve this objective, new buildings in the Design District shall have a zero set back from the street right-of-way. For purposes of this subsection, the term "building" includes tenant or patron spaces outside the building which are defined by permanent structural elements such as walls or fences. See § 177-44.1E(5) for illustrations.

(b) New buildings shall be designed to cover at least 80% of the lot frontage. If the remaining portion of the frontage is not required for vehicular or pedestrian access to the lot, a decorative enclosure wall or gate shall be installed along the remaining frontage. The enclosure wall or gate design shall be approved by the Town Planner and shall be designed in a manner which meets the purposes and design goals of this section.

(6) Building design and use. See § 177-44.1E(6) for detailed information.
(7) Additional requirements.

(a) Commercial properties shall be screened from adjacent residential properties by an enclosure wall or fence minimum six feet in height.
(b) Refuse receptacles shall be located at least 20 feet from adjacent residential zones and shall be located at the back of buildings.
(c) Merchandise may be displayed on the sidewalk, provided that the display area does not extend more than 2 1/2 feet from the building face and further providing that a minimum five-foot pedestrian right-of-way remains unobstructed.
(d) Seasonal outdoor dining shall be permitted in any yard area and on the sidewalk area subject to the operational standards applicable to outdoor dining areas set forth in § 177-6C, provided that a minimum five-foot pedestrian right-of-way remains unobstructed on the sidewalk.
(e) Fluorescent lighting and back-illuminated awnings shall be prohibited on facades fronting a street.

F. Additional design standards: see § 177-44.1F for detailed information.

See § 177-44.1: Traditional Neighborhood Design District. for complete, detailed information.

Transit-Oriented Development
A. Applicability.

(1) This section shall apply to lots, as shown on the Official Zoning Map, within one-quarter-mile walking distance of either the Elmwood or Flatbush CTfastrak stations with frontage on or accessed from the following streets:

(a) Darcy Street;
(b) Flatbush Avenue;
(c) Jefferson Avenue;
(d) New Britain Avenue;
(e) New Park Avenue;
(f) Prospect Avenue; and
(g) South Street.

(2) To the extent that the requirements of this section are inconsistent with the requirements elsewhere in this chapter, this section shall prevail. When not covered by the standards in this section, the standards found in other sections of this chapter shall apply.

B. Development standards. In addition to the standards provided in § 177-6F, the following additional provisions shall apply:

(1) Residential density. The lot area per dwelling unit (in square feet) shall be 750 square feet.

(2) Open space. Usable open space shall be provided at not less than 100 square feet per dwelling unit and shall comply with the specifications of § 177-10.

(3) Parking. Section 177-32 shall apply, except as modified by the provisions below:

(a) On-site parking.

[1] All on-site parking shall be located to the rear or side of a building. In the case of corner lots, the front of a building shall mean the facade which faces the most heavily traveled street abutting the property.
[2] The dimensions of on-site parking spaces shall be nine feet by 18 feet.
[3] Tandem or stacked parking may be permitted for residential uses where tandem spaces are assigned to the same dwelling unit.

(b) On-street parking.

[1] Parking requirements may be met by a combination of on-site parking and on-street parking, where allowed, located on the street frontage of the property in question.
[2] Any on-street parking space shall be at least 22 feet in length when parallel to the curbline or nine feet by 20 feet when diagonal or perpendicular to the curbline.

(c) Minimum parking requirements. See § 177-43B(3)(c) for details.
(d) Minimum bicycle parking requirements. See § 177-43B(3)(d) for details.
(e) Shared use parking requirements. See § 177-43B(3)(e) for details.

(4) Signage. Section 177-33 shall apply, except as modified by the provisions below:

(a) Ground or freestanding signs, including supports, shall not exceed ten feet in height above the surface of the ground where located.
(b) Blade or projecting signs shall not project more than 30 inches from the face of a structure and shall be at least 10 feet above the level of any walkway it may overhang.

C. Special design and form standards. The following special design and form standards are provided to ensure a consistent public realm through the creation of design-focused, transit-supportive controls:

(1) Building placement. Buildings shall be oriented towards the street and shall:

(a) Be located not more than 15 feet from an established building line.
(b) Occupy at least 60% of the frontage of a lot.

(2) Building design. Buildings shall relate to and be oriented towards the street and surrounding buildings as follows:

(a) The primary entrance of a building must face the street and be clearly articulated through the use of architectural detailing. Secondary or rear entrances may be permitted only if there is a main entrance from a street. Front entrances may not be closed off in favor of rear entrance. Patrons exiting an establishment shall be permitted to exit through the main entrance.
(b) Building fenestration:

[1] Ground level nonresidential uses: minimum of 40% along the street-facing facade.
[2] Ground level residential uses: minimum of 25% along the street-facing facade
[3] Upper level fenestration of 15% per story along the street-facing facade.

(c) An architecturally distinct, horizontal facade division is required between the ground floor and upper stories of any building.
(d) Service areas (loading docks, shipping/receiving) and utility service connections shall be located at the back of the building or side of the building.
(e) Refuse storage areas shall be located at the back of buildings and shall be located at least 20 feet from any adjacent residential zones.
(f) The ground floors of buildings shall have a habitable, active floor space within the first 20 feet of building depth fronting the street.

(3) Building height. Five stories and 55 feet are permitted, subject to the following:

(a) A stepback is required for any fifth story. The stepback shall be a minimum of 10 feet from the front building wall as measured from the top of the fourth story and shall apply to all sides of the structure that abut a public street.
(b) Building height may be increased to 65 feet if the ground floor contains retail, restaurant or other active commercial space.

(4) Site access. No lot shall have more than one curb cut to a public street for each 500 feet of street frontage.

D. Development bonus standards. See § 177-43D for detailed information.

See § 177-43: Transit-oriented development. for complete, detailed information.

Visibility at Intersections and Curves
No obstruction, hedge, bush, tree or other growth or any fence or billboard shall be erected, maintained or planted which obstructs or interferes with a clear view of drivers of vehicles on a curve or at any street intersection and which endangers the safety of those traveling upon such streets or highways. The minimum vision clearance shall require a height not exceeding three feet above the street grade within 12 feet of the intersecting street lines bordering corner lots.

Yards and Open Space
A. No required yard or other open space provided about any building shall be included as any part of a required yard or other open space for any other building.

B. No yard or other open space on one lot shall be considered as a yard or other open space on any other lot.

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West Hartford, CT

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