7.1 - R1 Zone: Lakeside and Village Residential
The primary purpose of this zone is to provide for residential use in the most established areas of town, principally in and around the Town central areas and in the immediate vicinity of Lake Pocotopaug. This area encompasses the major portion of the Town with lot sizes less than one (1) acre.
7.1.1 - The following uses are permitted in the R1 Zone as of right.
A. Detached Single family dwellings
B. Dwellings for two families in accordance with the provisions of Section 6.11.
C. Accessory uses and buildings incidental and subordinate to a permitted residential use (Accessory buildings shall comply with Section 20.)
D. Keeping of domestic livestock in accordance with Section 17
E. Parking in accordance with Section 21
F. Signs in accordance with Section 22
G. Agricultural uses as described in Section 17
7.1.2 - The following uses are permitted in the R1 Zone following site plan review as described in Section 28.
A. Buildings used for the storing, processing and manufacture of site grown agricultural products and livestock as an accessory use of a farm
B. Buildings used for the storage of farm equipment and motor vehicles, when such equipment and vehicles are used in connection with the operation of such farm
7.1.3 - The following are Special Permit uses, permitted in the R1 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised-effective Aug 9, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings
2. Public Utility buildings, structures or utility substations.
3. Public or Parochial schools.
4. Parks, playgrounds or public recreation areas.
5. Libraries, churches, museums or auditoriums.
6. Cemeteries and their extensions.
7. Hospitals.
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Active Adult, congregate and Senior Housing, as defined and described in Section 12
(revised – effective date Dec. 6, 2003)
E. Commercial recreation as defined and described in Section 18.
F. Conversions of existing single family dwellings for use as two family dwellings in
accordance with the provisions of Section 29 and the following requirements:
1. Building must have been built prior to 1941.
2. The existing building must contain at least two thousand (2000) square feet of habitable space.
3. The proposal shall be such that no exterior evidence of multi-family use shall be visible.
4. All applications for approval shall include:
A. Photographs of the existing building from all sides
B. Plans and exterior details of proposed conversion
C. Adequate parking in accordance with Section 21
D. Adequate provisions for water supply and sewage disposal
7.2 - R2 Zone: Single Family Residential
The purpose of this zone is to provide primarily for single family residential uses in those areas of the Town which have been predominately developed with single family dwellings and to provide a transition of density between those areas which shall remain rural in nature, due to environmental and topographical concerns (R3 and R4) and those areas more densely settled (R1 Zone).
7.2.1 - The following uses are permitted in the R2 Zone as of right.
A. Detached Single family dwellings
B. Accessory uses and buildings incidental and subordinate to a permitted residential buildings shall comply with Section 20
C. Keeping of domestic livestock in accordance with Section 17
D. Parking in accordance with Section 21
E. Signs in accordance with Section 22
F. Agricultural uses as defined in Section 17
7.2.2 - The following uses are permitted in the R2 Zone following site plan review as described in Section 28.
A. Buildings used for the storing, processing and manufacture of site grown agricultural products and livestock as an accessory use of a farm.
B. Buildings used for the storage of farm equipment and motor vehicles, when such equipment and vehicles are used in connection with the operation of such a farm.
7.2.3 - The following are Special Permit uses, permitted in the R2 Zone only when specifically approved by the Planning and Zoning Commission in accordance withthe provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec. 6, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings
2. Public Utility buildings, structures or utility substations
3. Public and Parochial schools
4. Parks, playgrounds or public recreations areas
5. Libraries, churches, museums or auditoriums
6. Cemeteries and their extensions
7. Hospitals.
C. Roadside stands for the seasonal sale of farm produce and products grown or producedon the parcel on which they stand. Such stands shall be located no closer than fifty (50')feet from any street or lot line.
D. Commercial recreation as defined and described in Section 18
7.3 - R3 Zone: Resource Residential
The purpose of this zone is to provide primarily for one and two family residences in those areas of Town associated with a resource requiring preservation and/or protection. This zone is focused on three major resources encompassing:
A. The Pine Brook Aquifer area (See Also Sec. 8)
B. The north and west Lake Pocotopaug watershed areas not presently served by public sewer
7.3.1 - The following uses are permitted in the R3 Zone as of right
A. Detached single family dwelling units
B. Dwellings for two families in accordance with the provisions of Section 6.11.
C. Accessory uses and buildings incidental and subordinate to a permitted residential use (Accessory buildings shall comply with Section 20).
D. Keeping of domestic livestock in accordance with Section 17
E. Parking in accordance with Section 21
F. Signs in accordance with Section 22
G. Agricultural uses as defined in Section 17
7.3.2 - The following uses are permitted in the R3 Zone following site plan review as described in Section 28.
A. Buildings used for the storing, processing, and manufacture of site grown agricultural products and livestock as an accessory use of a farm.
B. Buildings used for the storage of farm equipment and motor vehicles when such equipment and vehicles are used in connection with the operation of such farm.
7.3.3 - The following are Special Permit uses, permitted in the R3 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings.
2. Public utility buildings, structures or utility substations
3. Public and Parochial schools
4. Parks, playgrounds or public recreation areas
5. Libraries, churches, museums or auditoriums
6. Cemeteries and their extensions
7. Hospitals
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Commercial recreation as defined and described in Section 18.
E. Commercial kennels in accordance with Section 17.
F. Conversions of existing single family dwellings for use as two family dwelling in accordance with the provisions of Section 29 and the following requirements:
1. Building must have been built prior to 1941
2. The existing building must contain at least two thousand (2000 square feet of habitable space
3. The proposal shall be such that no exterior evidence of multi-family use shall be visible
4. All applications for approval shall include:
a. Photographs of the existing building from all sides
b. Plans and exterior details of proposed conversion
c. Adequate parking in accordance with Section 21
d. Adequate provisions for water supply and sewage disposal
7.4 - R4 Zone: Rural Residential
The purpose of this zone is to provide primarily for single and two family residential uses in those areas of the Town which are expected to rely upon site septic disposal and individual wells for water supply. These areas are considered key to the maintenance of the rural character that defines much of the Town's historical and social identity.
7.4.1 - The following uses are permitted in the R4 Zone as of right.
A. Detached single family dwellings
B. Dwellings for two families in accordance with the provisions of Section 6.11
C. Accessory uses and buildings incidental and subordinate to a permitted residential use (Accessory buildings shall comply with Section 20)
D. Keeping of domestic livestock in accordance with Section 17
E. Parking in accordance with Section 21
F. Signs in accordance with Section 22
G. Agricultural uses as defined in Section 17
7.4.2 - The following uses are permitted in the R4 Zone following site plan review as described in Section 28.
A Buildings used for the storing, processing and manufacture of site grown agricultural products and livestock as an accessory use of a farm
B. Buildings used for the storage of farm equipment and motor vehicles, when such equipment and vehicles are used in connection with the operation of such farm
7.4.3 - The following are Special Permit uses, permitted in the R4 Zone only when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Uses providing essential community services including, but not limited to the following:
1. Fire or Police stations or other Municipal buildings
2. Public Utility buildings, structures or utility substations
3. Public and Parochial schools
4. Parks, playgrounds or public recreation areas
5. Libraries, churches, museums or auditoriums
6. Cemeteries and their extensions
7. Hospitals
C. Roadside stands for the seasonal sale of farm produce and products grown or produced on the parcel on which they stand. Such stands shall be located no closer than fifty (50') feet from any street or lot line.
D. Commercial recreation as defined and described in Section 18
E. Commercial kennels in accordance with Section 17
F. Conversions of existing single family dwellings for use as two-family dwelling in accordance with the provisions of Section 29 and the following requirements:
1. Building must have been built prior to 1941
2. The existing building must contain at least two thousand (2000) square feet of habitable space
3. The proposal shall be such that no exterior evidence of multi-family use shall be visible
4. All applications for approval shall include:
a. Photographs of the existing building from all sides
b. Plans and exterior details of proposed conversion
c. Adequate parking in accordance with Section 21
d. Adequate provisions for water supply and sewage disposal
7.5 - RL Zone: Reserved Land
The purpose of this zone is to provide for uses of public land, within the boundaries of the Town of East Hampton that is owned by the Federal, State or Local Government.
7.5.1 - All uses within the RL Zone shall be demonstrated to be in the best interest of the public and shall be permitted as a Special Permit only. All such uses shall be proposed in accordance with Sections 28 & 29.
7.6 - C Zone: Commercial
The primary purpose of the Commercial Zone is to provide for the orderly development of those areas for commercial, professional and business uses. Its intention is to create an atmosphere conducive to the growth and maintenance of uses essential to serving the needs of the community.
7.6.1 - The following uses are permitted in the Commercial Zone upon approval of a site plan in accordance with Section 28.
A. A retail store not to exceed 25,000 sq ft of gross floor area, for a single entity(revision effective May 15, 2006).
B. Business Offices
C. Professional Offices
D. Financial Institutions
E. Public utility structures
F. Signs in accordance with Section 22 for a use permitted under this section and carried out on the same premise
G. Accessory structures and uses incidental and subordinate to a permitted use in accordance with Section 20
H. Personal Service Shops
7.6.2 - The following uses are permitted in the Commercial Zone as Special Permit uses, when specifically approved by the P&Z Commission in accordance with provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Hotels, Motels, Inns
C. Restaurants
D. Establishments for the retail sale of alcoholic beverages under Section 14
E. Theaters, Legitimate, or Motion Picture
F. Assembly Halls
G. Places of Worship
H. Hospitals
I. Active Adult, Congregate, and Senior Housing as described in Section 12 (revised effective date Aug. 9, 2003
J. Veterinary Hospitals
K. Commercial Kennels in accordance with Section 17
L. Fire and Police Stations or other Municipal uses and buildings
M. Signs in accordance with Section 22 for a use permitted under this section and carried out on the same premise
N. Accessory structures and uses incidental and subordinate to a permitted use under this section in accordance with Section 20
O. Newspaper and Job Printing, Publishing Establishments
P. Food preparation, bakeries, caterers
Q. Storage/Self-Storage Uses
R. Accessory use for auto body repair, not to exceed the storage of more than 10 motor vehicles with valid work orders or registration in place. Complete neutral opaque screening must be utilized either by vegetation or fencing.
S. Research labs
T. A retail store containing more than 25,000 sq ft and not exceeding 40,000 sq ft of gross floor area for any single entity (revision effective May 15, 2006).
7.6.3 - Special Provisions
1. In the Commercial Zone, where any lot or parcel or part thereof, adjoins any residential zone, there shall be a landscaped strip, a minimum of fifteen (15') feet wide, consisting of evergreen plantings a minimum five (5') feet tall at time of installation, (revision effective May 15, 2006) forming an effective visual buffer between the commercial and residential uses. Such strip may be in either zone, but the ownership of such strip must be and remain in the same person, persons, firm or corporation as the premise devoted to such commercial use. Failure to maintain this area as an effective buffer shall constitute a violation of these Regulations.
2. Buildings erected for principle, permitted uses in the C Zone, shall contain a minimum square footage of fifteen hundred (1500) sq. ft. on the ground floor.
3. Premises with more than one principle use shall meet the provisions of the most restrictive regulations applicable to the entire premise.
4. There shall be a minimum 6 foot wide vegetative buffer on each parcel, between commercial properties, not to include interconnections between properties for access and common easements. (Amended 4/3/02)
7.7 – I Zone: Industrial
The purpose of the Industrial (I) Zone is to encourage the best and most reasonable use of the land so designated, to broaden the tax base and to increase the opportunities for local employment. It shall promote the logical and orderly separation of land uses, encouraging reasonable growth within the Industrial Zone, unimpaired as much as possible by non-industrial uses.
7.7.1 - The following uses are permitted in the Industrial (I) Zone upon approval of a site plan prepared in accordance with Section 28.
A. The manufacturing, assembly, processing, packaging of products deemed by the Commission as non-toxic, non-noxious and non-hazardous
B. Warehousing and shipping facilities
C. Machine and tool shops
D. Wholesale sales rooms
E. Facilities for the rental of equipment and motor vehicles
F. Lumber yards, saw and planing mills
G. Printing Establishments
H. Research facilities
I. Signs in accordance with Section 22, for a use permitted under this section and carried out at the same premise
J. Accessory uses incidental and subordinate to a use permitted under this section and in accordance with Section 20
7.7.2 - The following uses are permitted in the Industrial Zone as Special
Permit uses when specifically approved by the Planning and Zoning Commission in accordance with the provisions of Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised - effective Dec 6, 2003).
B. Manufacturing and storage of alcohol, plastic and chemicals
C. Manufacture, processing and storage of asphalt products
D. Manufacture of masonry products, bricks, concrete, tile, etc.
E. Bulk storage and processing of cement, sand, stone, concrete mixing and batch plants
F. Bulk storage of petroleum products
G. Contractor Storage/Service/Office
H. Public utility power plants
I. Commercial kennels in accordance with Section 17
J. Motor vehicle sales and storage, garages for the repair of motor vehicles, gasoline or motor fuel filling stations, in accordance with Section 13, only after approval of the location by the Zoning Board of Appeals as required by Sec.14-54 of the Connecticut General Statutes, as may be amended
K. Signs in accordance with Section 22, for a use permitted under this section, carried out at the same premise
L. Accessory uses incidental and subordinate to a use permitted by this section and in accordance with Section 20
7.7.3 - Special Provisions
1. In the Industrial Zone, where any lot or parcel or part thereof, adjoins any residential zone, there shall be a landscaped strip, a minimum of fifteen (15') feet wide, consisting of evergreen plantings a minimum of five (5') feet tall at time of installation (effective July 8, 2006) forming an effective visual buffer between the industrial and residential uses.Such strip may be in either zone, but the ownership of such strip must be and remain in the same person, persons, firm or corporation as the premise devoted to such commercial use. Failure to maintain this area as an effective buffer shall constitute a violation of these Regulations.
2. Any use which is dangerous by reason of fire, radiation or explosion; injurious or detrimental to the surrounding area by reason of the possible emission of excessive dust, odor, fumes, gas, smoke, wastes, refuse matter, noise, vibration or because of any other objectionable situation which is likely to be a hazard, presently or in the future, to adjacent property or the community at large, shall be deemed prohibited by the Commission after solicitation and review of reports submitted by appropriate departments and agencies, including, but not limited to Fire, Police, Building, Planning and Health Departments.
7.8 - PO/R Zone: Professional Office/Residential
The purpose of this zone is to allow for professional uses in those areas fronting on both sides of West High Street (Rte. 66) between North Main Street and North Maple Street supplementing uses in the adjacent C Zone while retaining the residential character of the area.
7.8.1 - The following uses are permitted in the PO/R Zone as of right:
All uses allowed in the R1 Zone and as limited by the provisions of Section 7.1
7.8.2 - The following uses are permitted in the PO/R Zone upon approval of a site plan submitted in accordance with Section 28.
A. Professional offices
B. Financial institutions
C. Executive and administrative offices
D. Business offices
E. Signs in accordance with Section 22.2, for a use permitted under this section, carried out on the premise
F. Accessory uses and structures incidental and subordinate to a permitted use under this section, in accordance with Section 20
7.8.3. - The following uses are permitted in the PO/R Zone as Special Permit
Uses, when specifically approved by the Planning and Zoning Commission in accordance with Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Shop for custom work, including repair, fabricating and making of such articles incidental to such work
C. Printing and publishing
D. Public Utility structures
E. Fire and Police stations and other municipal uses and structures
7.8.4 - Special Provisions
A. All uses in 7.8.2 and 7.8.3 shall be limited to the ground floors of any buildings in the PO/R Zone.
B. Residential use located in the same premise as a use permitted under Sections 7.8.2 and 7.8.3 shall be limited to one dwelling unit.
C. There shall be no exterior evidence of the conduct of non-residential uses, except for the placement of signage complying with the provisions of these Regulations, as stated in Section 22.2
D. Expansion of a permitted use of the ground floor to an existing second floor of a structure may be allowed under Sec. 29 Special Permit with following conditions:
1. The expanded use on the second floor must be the same as the ground floor.
2. The Commission determined the expanded use would be beneficial to the community
7.9 - DD Zone: Design Development Zone
The purpose of the Design Development Zone (DD) is to permit the development of selected office, professional, laboratory, commercial/retail and light industry on tracts with good access to Rte. 66 and Rte. 2. High standards are required in this zone to ensure the harmonious integration of these types of development with the rural residential uses common to these areas. Low intensity of land uses with substantial buffering for adjacent residential areas are key characteristics in this zone. An important concept in this zone is that rough and less desirable land shall be incorporated into proposals for development to serve as a buffer, thereby lessening the effect of the development on the natural topographical and environmental features of the area.
7.9.1 - The following uses are permitted as Special Permit Uses in the Design
Development Zone (DD), upon specific approval by the Planning and Zoning Commission in accordance with Section 29.
A. All uses or development within one hundred feet (100ft) of wetlands or watercourses in accordance with the Inland Wetlands and Watercourses Regulations (revised – effective Dec 6, 2003).
B. Business, executive, professional or administrative offices
C. Research facilities
D. Financial institutions
E. Publishing establishments
F. School, colleges and universities
G. Retail and Commercial uses as described in Section 7.6 and strictly limited by Section 7.9.1.1
H. Light industry
I. Police and Fire stations and other municipal uses and structures
J. Accessory uses and structures incidental and subordinate to permitted uses in accordance with Section 20
K. Signs in accordance with Section 22, for a use permitted under this section and carried out on the same premise
L. Emergency Medical Center/Immediate medical care facility
M. Active Adult, Congregate and Senior Housing (revised- effective date Aug 9, 2003)
7.9.1.1 - Retail and Commercial Use in the DD Zone:
The following requirements, in addition to all other provisions of this and any other applicable sections of these Regulations shall apply to any and all commercial/retail uses proposed in the Design Development Zone.
A. Retail uses shall be limited to not greater than thirty (30%) percent, expressed as square feet of occupiable floor area of the total developed proposal.
B. The proposal shall be so phased that construction and development of commercial/retail use(s) shall commence after or concurrent with the total development proposal.
C. The applicant shall demonstrate that commercial/retail uses are of such nature to enhance and augment the development proposal and that all uses shall be compatible and inter-related.
D. Occupancy of commercial/retail uses shall not be permitted prior to substantial completion of all buildings proposed for each phase. In developments consisting of multiple phases, no more than thirty (30%) percent of the development of each phase shall contain commercial/retail use. Buildings proposed for exclusive commercial/retail use shall not be permitted unless, or until the seventy percent: thirty percent (70%:30%) use ratio is evident.
7.9.2 - Special Provisions for All Uses
A. Public sewers and all available utilities are required to serve any development in this zone. All utilities including electricity, telephone and cable television shall be underground.
B. Lot coverage shall not exceed fifty (50%) percent of the lot area.
C. Landscaped open space is subject to review and approval by the Commission and shall cover a minimum of fifty (50%) percent of the lot area.
D. here shall be a minimum effective buffer of at least fifty (50') feet between any proposed building or parking area or lot in this zone and any existing residential property line. This buffer shall be one hundred (100') feet to any existing residence.
E. For any proposed use in this zone, the applicant shall supply, in sufficient quantities, architectural drawings of all buildings, structures and signs. Such drawings shall consist of, but not be limited to: exterior elevations, general floor plans, at least one perspective drawing showing structures, where applicable, types of exterior materials proposed for use and proposed signs as to their location and general design.
F. The design of all buildings and structures to be erected in this zone shall be subject to the approval of the Commission. The design of all buildings and other structures including the building materials and exterior elevations shall be of such a character as to be harmonious with the area in which it is located, to accomplish an effective, non-abrupt transition of styles between it and areas of established development. The design shall preserve and enhance the appearance of the community and shall not have any detrimental effect on the property values of the area.
G. The proposal shall include a forty (40') foot effective buffer around the entire perimeter of the parcel except for that portion that abuts a major thoroughfare, or those areas requiring larger buffers as described in Section 7.9.2.D. Only access drives, utilities, and natural or landscaped vegetation shall be allowed in these areas.
H. The minimum first floor area of any principal building in this zone shall be ten thousand (10,000) square feet.
I. The minimum lot size shall be five (5) acres
J. The maximum height of any building shall be fifty (50) feet.
K. Access drives, roadways, etc. must be designated as "No Parking" areas.
L. The Commission reserves the right to waive any of the special provisions of this Section (7.9.2) by a three-quarter (3/4) majority vote of all the members seated if, in the opinion of the Commission, the proposal would be in keeping with the purpose of the regulation and would not have a detrimental affect on the area.
Section 7.10 - VC Zone: Village Center
7.10.1 - Statement of Purpose
The purpose of the Village Center Zone is to encourage a more viable Village Commercial area by providing for a mixture of compatible public and private uses, stressing pedestrian circulation and amenities. The Village Commercial District would include uses such as retail, service, office, government and public recreational facilities, and apartments, subject to specific standards and controls appropriate to the intensity, scale, and overall character of the area.
The Village Center possesses distinct historical, economic, and environmental characteristics which are embodied in intermixed residential, manufacturing, commercial and public uses and which differentiate it from other areas in East Hampton.
In order to promote the public health and welfare, assist in the revitalization of business and social activity, restore the visual character, rekindle the Village Center as the focus of community identity, provide a responsive context and set of guidelines for change, and achieve goals of East Hampton Plan of Development, the Village Center Zone is hereby established.
7.10.2 - Uses Permitted in the Village Center Zone
The following uses are permitted in the VC Zone upon approval by the Planning and Zoning Commission of a site plan in accordance with Section 28 and the Special Provisions set forth in this section.
A. Retail stores
B. Medical offices
C. Professional offices
D. Business offices
E. Personal service shops
F. Financial institution
G. Restaurants, provided they are not drive-in restaurants
H. Clubs or fraternal organizations
I. Day care
J. Places of worship
K. Business schools, including, but not limited to, secretarial, data processing, real estate, accounting/tax, administration, management
L. Corporate offices
M. Shops for custom or craft work which is deemed not to be industrial in nature
N. Wholesale sales offices, sample rooms
O. Signs in accordance with Section 22
7.10.3 - Special Permit Uses
The following uses are permitted in the VC Zone as Special Permit Uses approved by the Planning and Zoning Commission in accordance with Section 29, following a public hearing.
A. Establishments for retail and sale of alcoholic liquor for consumption as limited by Section 14
B. Hotels, inns
C. Theaters, cinemas
D. Places of assembly for recreation, entertainment or amusement
E. Uses providing essential community service including, but not limited to, government buildings, park playground or recreational area, museums or auditoriums, community houses and parking lots
7.10.3.1 - Special Provisions for Residential Use
A. Apartments may be permitted on the second and third floors of buildings. Space allocated for apartments to include hallways, stairways, vestibules, etc., may not exceed fifty percent (50%) of the gross floor area of a building less than five thousand (5,000) square feet or thirty-three percent (33%) of the gross floor area of a building five thousand (5,000) square feet or greater. This requirement may be waived by the Commission by a ¾ vote of the members present where the Commission deems a waiver would be a substantial benefit to the Town, reason for the waiver shall be made a part of the record. Where more than the aforementioned allocated space for apartments has been waived a Special Permit shall be required (revised – effective date
Aug 9, 2003).
B. In addition to building and other applicable code requirements, each apartment shall have unobstructed access to the outside, separate from any business activity.
C. The business building shall be served by public water supply and sanitary sewer as available.
D. Soundproofing shall be designed and installed to isolate the normal sounds of business activity from the apartments.
E. On-site parking standards as set forth in Section 21 shall be adhered to and such spaces shall be designated as resident parking or tenant parking.
Section 7.10.4 - Special Provisions Applicable to All Uses in the Village Center Zone
A. Seventy-five (75%) percent of the gross floor area of the first floor of a building located in the VC Zone shall be devoted to retail or personal service uses.
B. No building, driving lane, parking or loading shall be located within twenty-five (25') feet of a residential zone boundary. This area shall have existing or installed evergreen plantings or fencing to provide maximum screening of not less than five (5') feet in height at the time of installation. The Commission reserves the right to waive this by a three-quarters (3/4) vote of members present, and reasons for such waiving shall be made part of the record. The buffer width may not be decreased to less than half of the requirement.
C. The front, side and ten (10') feet of the rear yard shall be retained for landscape or pedestrian amenities.
D. A building may be built on a lot line on no more than one side and one rear parcel providing:
1.Such lot line separates two (2) parcels in the same zone
2. Whenever parcels are owned by two different owners, the Planning and Zoning Commission shall be furnished with a legally prepared "0" lot line agreement and site plan(s) demonstrating coordinated floor plans and architectural designs. In the event of a phased "0" lot line building project by a single owner of parcels, the Commission shall be provided with a site plan depicting the phased portions of the building, architectural design, and a time table for project completion
3. Access to a lot shall be limited to one drive unless otherwise directed by the Traffic Authority and/or Fire Marshal. Common drives between lots are to be encouraged, per agreement, between owners.
4. All heating, ventilation, air conditioning, or other exterior mounted appurtenances, portable and fixed, shall be hidden from view.
5. All electric, telephone and other cable-like utility installation shall be located underground, except required or necessary light standards, etc.
6. No outside storage shall be permitted.
7. On-site dumpsters shall be placed in a location so as to be out of the public's view and be adequately screened.
8.Parking shall be located to the rear or on non-public street sides of the building so as to allow maximum building frontage exposure and pedestrian access. Provision shall be made for pedestrian access to the building's rear and to the public street.
9. Sidewalks, where not already present, shall be installed along the frontage of public streets according to the Town of East Hampton Road Standards.
10.When an existing structure is deemed to be of historic significance by the Commission, application for site plan approval shall contain a report detailing the manner of restoration. Any restoration shall be in keeping with the character of the Village Center.
11.New building style, signage, on-site amenities, etc. are encouraged to be in keeping with the overall character of the Village Center.
12. A development plan contributing to the implementation of on-site pedestrian amenities such as mini-mall, park, etc., and public amenities such as benches, decorative sidewalks, landscaping along street, period lighting, etc. shall be granted a density bonus of twenty (20%) percent, as reflected in an increase in height of the building, and result in a decrease of lot coverage by a minimum of ten (10%) percent.
Section 7.11 – Housing Opportunity Development
Section 7.11.1 – Intent and Purpose
This regulation (hereinafter referred to as the “HOD Regulation”) is adopted for the following purposes:
A. To allow, on a long-term basis, for the development of diverse housing types, including affordable housing to help address identified housing needs;
B. To encourage the construction of housing that is both affordable as defined by state statutes and is consistent with design and construction standards present in the community;
C. To promote housing choice and economic diversity, including housing for low and moderate income households;
D. To efficiently utilize existing infrastructure and promote neighborhood planning by providing, where infrastructure support is available, a mix of housing types, densities, sizes and prices, while also providing substantial public and private open space and recreational areas;
E. To guide a proposed development so that it helps accomplish the above purposes while being consistent with soil types, terrain and infrastructure capacity and is consistent with the statutory purpose of protecting the public health, safety, convenience and property values; and
F. To encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation.
Section 7.11.2 – Definitions
A. Housing Opportunity Development (“HOD”). A proposed housing development in which, for at least forty (40) years after the initial occupancy of units within the proposed development, (1) not less than fifteen percent(15%) of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that such dwelling units be sold or rented at, or below, prices which will preserve the units as affordable housing, as defined in CGS § 8-30g, for persons or families whose income is less than or equal to eighty percent (80%) of the area median income or the statewide median income, whichever is less; and (2) not less than fifteen percent (15%) of the dwelling units shall be conveyed in the same manner to persons or families whose income is less than or equal to sixty
percent (60%) of the area median income or the statewide median income, whichever is less.
B. Housing Opportunity Unit, as used in this HOD Regulation, “Housing Opportunity Unit” means a housing unit within a Housing Opportunity Development for which persons and families pay thirty percent (30%) or less of their annual income, where such income is less than or equal to eighty percent (80%) or sixty percent (60%) as applicable, of the lesser of area median income for the Hartford PMSA or statewide median income, as determined by the U.S. Department of Housing and Urban Development.
C. Developable Land. The land area of the parcel after deducting any area defined as an inland wetland or watercourse, located within a special flood hazard area as defined by the Federal Emergency Management Agency or exhibiting pre-development slopes of 20percent (20%) (a 10 foot rise over a 50 foot distance) or steeper.
Section 7.11.3 – Primary Uses and Structures Permitted
A. Single-family detached dwellings, on either common interest ownership property or subdivided lots.
B. Attached single-family dwellings consisting of two or more residential units except that there shall be no more than four units per building.
C. Public utility and infrastructure uses.
D. Water supply tanks.
Section 7.11.4 – Permitted Accessory Uses and Structures
A. On-site facilities for active and passive recreation, including community buildings and clubhouses, swimming pools, athletic fields, walking trails, bicycle routes, tennis courts, basketball courts, playgrounds and picnic areas.
B. Uses or structures accessory to the primary uses to the extent permitted by and subject to the procedures, limitations and conditions of Section 20 of the Zoning Regulations.
C. Uses of a residence for personal business purposes to the extent permitted by and subject to the procedures, limitations and conditions of the Zoning Regulations.
Section 7.11.5 – Uses Prohibited in an HOD Zone
A. Burial of fuel storage tanks, except liquid propane, shall be prohibited.
Section 7.11.6 – Generally-Applicable Standards
A. All areas within the Lake Pocotopaug Protection Area shall remain subject to its requirements as set forth in Section 7.12 of the Zoning Regulations.
B. Unless modified by the Commission, each HOD shall make provision for facilities to help meet the social and recreational needs of residents of the HOD.
1. A community building / clubhouse or other arrangement for common interest activities may be required if the HOD development contains 100 or more units and if so required, such community building / clubhouse shall be provided as part of the construction phase resulting in 100 or more units within the HOD development.
2. Recreational amenities such as, but not required to be, tennis courts, basketball courts, bocce courts and /or other recreational facilities as proposed by the applicant.
C. All attached dwellings shall be served by sewers.
D. To maintain long-term affordability, the applicant shall demonstrate, as part of the Conceptual Plan and Final Plan, what strategies have been employed to provide for energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation in a cost effective manner.
Section 7.11.7 – Parcels Eligible for rezoning to HOD Zone District
No parcels of land shall be rezoned to HOD Zone District unless it satisfies the following criteria:
A. Not less than 10 nor more than 200 total acres;
B. Currently zoned for residential use; and
C. Not less than 50 feet of frontage on a Town road.
Section 7.11.8 – Height, Area and Yard Requirements
A. Overall Housing Opportunity Development:
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