The purpose of the business districts is to allow for a variety of commercial areas that can be economically viable and of a scale, intensity, and type of use that can be supported by necessary utilities and highways, and compatible with the surrounding neighborhood.

The following table establishes the lot, yard and bulk requirements for the business, Thompsonville village, and special development districts. Except as herein otherwise provided, no lot shall have an area or width less than indicated in the table below. In addition, no building or buildings (including accessory buildings), as well as any loading docks, decks, porches, or steps attached to or otherwise associated with such building or buildings, shall encroach upon the minimum front, side and rear yards indicated below, nor shall they cover a greater area or exceed in height the amount set forth in the following table.

Table 5.10 — Lot and Bulk Requirements

* Added 9/8/03

** Approved 06/04/09

5.10.1. Notes to area and bulk requirements.

1.

For each additional five feet of front yard setback above the minimum requirement, an additional one foot of building height is permitted, but in no case shall such additional height exceed 24 feet. If the building height listed in the table above is to be exceeded, then the minimum side and rear yards shall be increased by one foot for each one foot of additional building height permitted.

2.

Lot area may be reduced to one acre and frontage to 200 feet when the commission approves an overall plan of traffic circulation, curb cuts, and access easements. The easement agreements shall be effective in perpetuity and the overall plan shall achieve a minimum of curb cuts and a circulation plan that preserves the safety of the traveling public.

3.

Except as provided in section 5.30.2.

4.

May be increased to 70 percent for a regional shopping center when the commission determines that offsite drainage will not be increased in a manner to be detrimental to downstream properties.

5.

The requirements of this section with respect to the business R district shall apply only to the area of the entire site included in the approved special permit plan and, except for the maximum building height, shall not apply as a restriction to any subdivision of the original special permit plan area.

6.

The maximum front yard in the BL-H and BG-H districts is 25 ft. The minimum building height is two stories. (amended 9/8/03)

7.

The minimum existing floor area.

8.

A single building is limited to 2,000 sq. ft. A building size of up to 5,000 sq. ft. may be approved for lots of record with more than 200 feet of frontage. A building size of 10,000 sq. ft. may be approved for lots with more than 300 feet of frontage and an area in excess of two acres. On consolidated lots with 150 feet or more of frontage and a single shared access drive, a building size of 4,000 sq. ft. may be permitted.

5.10.2. Supplemental bulk requirements.

A.

Freestanding canopies attached to a building may be erected forward of the front building line subject to special permit approval, but in no case shall freestanding canopies be erected closer than ten feet to the front property line. Freestanding canopies shall not be enclosed or have any completely enclosed buildings beneath them forward of the front building line. The ground projection of any canopy shall be computed as building ground coverage. (Note that the Thompsonville district is exempt from this requirement.)

B.

In business L and business G districts, one side yard of each lot may be omitted and buildings may be built to the common lot line provided the party or other walls separating them are of masonry construction and without openings.

(Ord. of 4-22-2021)

The following table establishes use requirements for the business and special development districts:

Table 5.20
Use Table For Business, Hazardville and Special Development Districts

* BL-H and BG-H added 09/08/03 (See also section 8.70)

5.20.1. Notes to use table.

1.

Retail sales include the retail sales of goods and/or services to the general public for personal or household use. Repairs to goods sold on the premises or goods similar to those sold on the premises are permitted.

2.

The sale of liquor is permitted only with a special permit obtained from the commission.

3.

The zoning enforcement officer may approve up to two amusement machines at any single location. Additional machines require a special permit obtained from the planning and zoning commission.

4.

No outdoors sales or storage of merchandise or materials permitted, except accessory outdoor storage is permitted when completely screened from view by a uniformly painted solid fence or wall not over eight feet in height and only in the BG district.

5.

Commercial recreation includes amusement machine establishments; off-track betting parlors, shops, or theaters; horse and dog racing; Jai Alai facilities; and bowling alleys.

6.

Theaters include activities inside of buildings where live or filmed entertainment is presented.

7.

Dry cleaners may include dry cleaning and processing equipment.

8.

Dwelling units are only in combination with the use of a premises for professional practice.

9.

Farm activities include horticulture, forestry, truck and nursery gardening, and greenhouses, storage of agricultural products whether grown on-or off-site, farmworker housing, and temporary farm stands. (See definitions of agricultural activities and farms in article II.)

10.

Financial institutions include banks, loan offices, credit unions and all are permitted to have walk-up automatic teller machines (ATM).

11.

Drive-through facilities must be part of a financial institution or governmental buildings and offices/facilities on the same parcel and are only permitted by special permit in BL, BG, and BR districts.

12.

Medical offices may include appropriate laboratory facilities to serve the needs of the office staff itself.

13.

Motor vehicle sales facilities may include appropriate repair facilities.

14.

Outdoor display of merchandise is permitted on a seasonal basis, including sidewalk sales.

15.

Places of worship include buildings designed and used for the purpose of conducting religious services and may include residential uses for staff and teachers at related religious schools.

16.

Wireless telecommunications facilities utilizing existing structures may not require a special permit and may be permitted with site plan approval. See section 8.20.

17.

Kennels are prohibited.

18.

Agricultural activities, except farmworker housing which is an accessory use by right with a zoning permit, shall be subject to the same standards and procedures as apply in residential zoning districts. See notes 1 and 3 under section 4.20.1, as well as section 4.30.1.

19.

A long-term open lot sales permit, approved by the commission, is required for sales of 31 days or more, up to a maximum of one year and may be renewed annually. The fee for a sales permit shall be: short-term residential - $5.00; short-term non-residential - $25.00; long-term residential - $5.00; long-term non-residential - $75.00.

20.

Only financial institutions without drive-through windows may be permitted in BG-H and BL-H districts. (Added 09/08/03)

21.

Only class 1, class 3 and class 4 liquor permits (as defined in section 8.10.2) may be permitted. (Added 09/08/03)

22.

Only restaurants without drive-through windows may be permitted in BG-H and BL-H districts. (Added 09/08/03)

23.

Heliports in the BR zone are permitted only in planned commercial developments consisting of more than 50 acres and must meet the following criteria: (Added 04/01/04)

a.

The heliport shall meet the criteria set forth in the Federal Aviation Administration's Heliport Design Guidelines, Advisory Circular No. 150/5390-2A dated January 20, 1994, Chapter 2 - Private Use Heliports, as may be subsequently amended.

b.

The heliport shall receive and maintain any and all federal and state licenses required for the operation of a private heliport.

c.

The heliport may be used for private use service only and only as an accessory use to the primary use on the property. A revenue producing public helicopter passenger service shall not be permitted.

d.

The heliport shall not be within a 300-foot radius, as measured from the center of the heliport pad, of a residential building, school building or other structure housing a place of worship located outside of the planned commercial development.

e.

Except in the case of emergency, landings and take-offs shall be restricted to between the hours of 7:00 a.m. and 8:00 p.m.

f.

No maintenance activities other than for emergency purposes and no supply facility for fuel shall be permitted on the site.

g.

The flight paths of the incoming and outgoing helicopters shall be established by the applicant with due consideration for minimizing disturbance to surrounding residential properties, if any.

h.

The heliport shall be designed, operated and maintained in such a manner as to prevent volatile levels of flammable liquids or the vapors of such liquids from entering buildings, spreading onto automobile parking areas, roads and drives and from entering the drainage systems of the site, roads or adjacent properties.

i.

The heliport shall comply with all requirements set forth in section 7.10, performance standards.

j.

The applicant shall provide a plan that illustrates the vertical and horizontal landing and take-off zones.

24.

See section 8.80.1 for specific standards.

25.

Car washes in the BR Zone are permitted only in planning commercial developments and must meet following criteria:

a.

Lot must consist of a congregate of ten acres, but no more than 15 acres, and have frontage on a state highway.

b.

Lot does not abut a residential zone.

c.

Car wash must be an automatic car wash, staffed by at least one onsite attendant during business hours.

d.

A separation distance of the same use shall be a 1,000-foot radius from the property lines.

5.20.2—5.20.13. Reserved.

5.20.14. More than one principal building on a lot (added 07/14/17). The commission may consider more than one principle building on a lot via special permit in any business district zone. The following standards will apply.

1.

The overall site plan must be consistent with the standards of the district.

2.

The commission shall determine that the building size and locations are consistent with the design standards of the district.

5.20.15. Other use requirements.

A.

Uses determined by the commission to be similar to and compatible with the uses listed in table 5-2 may be permitted as a special permit use.

B.

All business, servicing, or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings, except for uses noted in 5.20.2.c., below.

C.

Within the B-L, B-R, B-G, and the Thompsonville districts, the outside display of fresh fruits, vegetables, plants and flowers may be permitted on a seasonal basis as an accessory use to a similar principal use contained within a completely enclosed building, provided that the owner shall submit, and have approved by the zoning enforcement officer, a site plan showing the following:

i.

The limits of the outside storage area;

ii.

Maximum sq. ft. of the outside storage area;

iii.

The types of products to be displayed;

iv.

The method of outside display;

v.

The seasonal limits of the products to be displayed;

vi.

All site signage; and

vii.

Any outside display area shall be not less than ten feet from the adjoining street right-of-way and shall be so arranged so as to provide for the safe movement of vehicles and pedestrians onto, within and exiting the site.

D.

In the B-L and the B-G districts, the parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over 26,000 pounds gross vehicle weight-when located within 150 feet of a residence district boundary line. In the B-G district, trucks in excess of 26,000 pounds gross vehicle used in conjunction with the operation of any business permitted in this district, shall not be parked in the open within 150 feet of a residence district except during normal business hours. (Amended 11/25/03)

E.

Within the B-G district, except for driveways providing access to public streets, all buildings, driveways, and parking areas shall observe the buffer yard standards found in section 10.10.

F.

(Amended 7/30/02) In any business district, except BP, the planning and zoning commission may grant approval for seasonal outdoor dining areas for restaurants, as defined in these regulations, as an accessory use, subject to the following conditions:

i.

Outdoor dining area cannot be located on public property (town sidewalk, right-of-way, etc.). Outdoor dining may be allowed on porches or decks, provided all of the other conditions are met.

ii.

Outdoor dining does not result in interference with or hazards to, or visibility problems for pedestrians on sidewalks or vehicular traffic.

iii.

Any non-vegetative shading devices shall be of a nonpermanent type (umbrellas, retractable awnings, etc.) and shall be safely anchored.

iv.

Areas on which required parking exists cannot be used for outdoor dining.

v.

If required, additional parking must be provided to accommodate additional patrons.

vi.

Adequate self-closing trash receptacles must be provided, and the restaurant is responsible for cleanup of all trash generated from the outdoor dining (including the restaurant site and surrounding areas).

vii.

Tables must be located in such a manner as to maintain access to the building for emergency services.

viii

The commission may approve outdoor audio systems with a special use permit, upon review of surrounding uses, and in compliance with the Town of Enfield Noise Ordinance. The commission may also revoke said permit for non-compliance with conditions of approval.

ix.

In addition to required parking for indoor seating, outdoor dining requires one parking space for every four seats.

x.

All tables, chairs, trash receptacles, etc., shall be removed at the end of each outdoor dining season.

xi.

Outdoor dining area cannot exceed four tables/16 seats unless there are waitpersons to serve patrons. Where all food service is conducted by waitpersons, outdoor dining area cannot exceed 50 percent of the floor area of the indoor dining area; and cannot exceed 50 percent of the number of tables/seats within the indoor dining area.

xii.

Procedure. Applicants may apply to the planning and zoning commission for an outdoor dining permit, as follows.

1.

Permit for four tables/16 seats or less. The applicant shall provide an adequate plan indicating location of tables, chairs, etc., associated with the outdoor dining in relation to the location of buildings, sidewalks, parking spaces, and driveways. This type of application may be approved by the director of planning after consultation with relevant town staff results in a determination of zoning compliance and no adverse impacts on surrounding properties. Any such approvals shall be reported to the commission at its next regular meeting.

2.

Permit for more than four tables/16 seats. Applicant must provide the following information on a site plan of development prepared in accordance with section 9 of the zoning regulations. The commission may require a public hearing on the application.

-

Location of building(s);

-

Number of parking spaces required for entire restaurant, plus location of required parking;

-

Location of proposed outdoor dining, including surface upon which tables will be placed (for example, existing sidewalk, new flagstone patio, etc.);

-

Number of tables/seats identified;

-

Written description of outdoor dining area amenities; for example, "15 wrought iron tables, 30 wrought iron chairs, an umbrella over each table, new awnings", etc.

(Ord. of 1-14-2021(2); Ord. of 12-21-2023; Ord. of 12-19-2024(1), att., 12-19-2024; Ord. No. 2025-02, 2-13-25; Ord. of 5-12-2025(1))

Only planned commercial developments, including regional shopping centers, containing more than 80,000 square feet of building floor area, occupying a parcel ten acres or more in area, and under unified ownership or control, shall be permitted, subject to a special permit. Additionally, those uses proposed within the portion of the Enfield Memorial Industrial Park which is within the business regional district shall, require the preliminary approval of the Enfield Development Agency.

5.30.1. Requirements for gasoline service stations and motor vehicle repair garages within any planned commercial developments.

A.

Within each planned commercial development, as defined in section 2.30.75, the commission may approve only one gasoline service station and only one motor vehicle repair garage. For the purpose of these regulations, repairs shall not include any body or frame repairs or painting.

B.

A repair use shall have as its principal means of business the sale of parts and accessories; the installation of such parts and accessories shall be secondary to the principal use. No such repair use shall have direct access to any public street, but shall be planned so that access uses the vehicular circulation system within the center in which the use is located so that the flow of traffic both into and within such planned commercial development is not impeded.

5.30.2. Requirements for public garage for the storage of motor vehicles, motor vehicle repair garages, and gasoline service stations in all other all zones.

A.

Public garages for the storage of motor vehicles, motor vehicle repair garages, and gasoline service stations shall meet the following requirements:

i.

No permit shall be issued for a public garage for the storage of motor vehicles, a motor vehicle repair garage, or a gasoline service station if such proposed use is within 2,000 feet of a lot used for a public garage for the storage of motor vehicles, a motor vehicle repair garage, or a gasoline service station except as provided in sections 5.30.1.

ii.

No permit shall be issued for a public garage for the storage of motor vehicles, a motor vehicle repair garage, or a gasoline service station if located within 1,000 feet of a lot used or reserved to be used for:

a.

Any public or parochial school giving regular instruction at least five days a week for eight or more months in the year;

b.

Any hospital maintaining a minimum of 15 beds for patients; or

c.

Any church, public library, public playground, park or youth center.

iii.

The required minimum distances between the uses listed in i. and ii. And the uses listed in ii. A., b., and c. above shall be measured between two nearest points of the lots extending to and along the center line of the right-of-way of the public streets that would produce the shortest route between the two points.

B.

No unregistered motor vehicle, or motor vehicle registered to the dealer, shall be stored or parked nearer to the street than the building line, and all mechanical and repair operations shall be carried on within a building. Said restrictions shall not apply to new and used car dealerships which have as their principal means of business the sale of motor vehicles. The layout of such display area shall as approved by the Commission through the Site Plan approval process.

C.

New and used car dealerships shall be permitted only after a special permit has been granted by the commission. (Amended 2/1/12)

D.

Gasoline service stations shall provide public sanitary facilities for both sexes, facilities for the inflation of pneumatic tires which shall be accessible to the public, and facilities for the disposal of travel trash.

E.

Gasoline service stations shall have a backup generator capable of powering all the pumps during power outages. (Effective 2/1/12)

F.

Damaged and inoperable vehicles shall not be stored in the front yard of any commercial premise. Such vehicles shall be:

i.

Stored within a building, or,

ii.

Stored in the rear or side yard. Fencing or screening shall be used to minimize visibility from the street or adjacent properties.

5.30.3. Requirements for retail sale of new and used motor vehicles.

A.

Planned commercial developments under unified control in units of control of ten acres or more in area for the principal use of the retail sale of new and used motor vehicles may be permitted by the commission subject to the following restrictions:

i.

The uses permitted within such planned commercial developments for the principal use of the sale of new and used motor vehicles shall be limited to new and used motor vehicle dealerships; State of Connecticut Department of Motor Vehicles inspection and registration facilities; motor vehicle body repair shops; garages for the limited repair of motor vehicles, motor vehicle parts storage, new and used motor vehicle preparation facilities, and outdoor storage and display of new and used motor vehicles only when accessory to the principal use of retail sale of motor vehicles; underground fuel storage for fuel not for retail sale and for the sole use of new and used motor vehicle dealers; premises of financial institutions which have as a significant percentage of their business within such premises the financing of the purchase of new and used motor vehicles; automobile parts and accessories supply stores independent of new and used motor vehicle dealerships; and restaurants and offices may be permitted by the commission.

ii.

The minimum building area within any unit of control shall be in aggregate not less than 30,000 square feet. The minimum building area per parcel with such units of control shall be 7,500 square feet.

iii.

Separately owned and financed parcels containing any of the above permitted uses may be less than ten acres in area, but in no case, may be less than two and one-half acres in area. "Units of control not less than ten acres in area" shall mean for the purpose of these regulations, land ten acres or more in area, containing one or more parcels occupied and used exclusively by the uses permitted in this section, which parcel or groups of parcels shall be subject to any operation agreement between the owners of said parcels, their heirs and assigns, which agreement shall be effective in perpetuity and which operating agreement shall provide for the common maintenance of said unit of control, the organization and the control of all traffic within the unit of control, and common easements and right of way as may be necessary to maintain cross-easements and common rights of way enabling and guaranteeing the feasibility of access to the unit of control as approved by the commission.

iv.

The operating agreement shall be subject to the approval of the commission and shall be subject to the review of the town attorney as to its feasibility in accomplishing the intent of the commission in approving said agreement. Furthermore, said agreement shall be integral with and inseparable from any plans which may be approved by the commission as required under article IX hereof. No changes or modifications to said plans or to said operation agreement, their heirs or assigns without the express written consent of the commission. Said agreement shall be recorded in the land records in the office of the town clerk both as an integral part of any deed or any other instrument for any parcel subject to the agreement and with the site plan for the unit of control as approved by the commission.

5.30.4. Requirements for garden-shop facility—Outdoor display. The outside display/storage of such items as plants, trees, shrubbery, landscaping materials, mulch, soil, compost, fertilizers, stone, tools, seasonal items, lawn mowers, snow blowers and other similar type items, are permitted as an accessory use to a principal use of retail sales contained within a completely enclosed building requires site plan approval as to location and design by the commission. The garden-shop facility shall be attached to the building containing the principal use and shall be completely enclosed with a screening wall, which may contain, without limitation, such materials as coated chain-link fence, wrought iron fencing and masonry columns. The design of such screening shall be compatible in architecture and materials to that of the principal building.

5.30.5. Requirements for visitor information booths.

A.

Visitor information booths may be permitted only as an accessory building to a single tenant corporate or industrial complex. The following specific standards shall apply:

i.

The booth is situated no closer than ten feet from the right-of-way;

ii.

A pull-off lane is provided to safely stack cars off the adjoining roadway or driveway;

iii.

The booth is compatible with the architectural style of the principal buildings on the property;

iv.

The booth is on the same property as the complex to which it relates and the parcel size is at least ten acres in size;

vi.

The booth is no smaller than 100 square feet nor larger than 200 square feet.

5.50.1. Access requirements.

A.

Access shall be limited to one curb cut per lot at a location approved by the commission following receipt of a recommendation by the town traffic authority.

B.

Use of a single common curb cut to serve adjacent lots is encouraged.

C.

No access driveway shall be permitted to Middle Road (except emergency access approved by the commission).

D.

Any development plan shall provide for the necessary right-of-way for any transportation improvements shown in the plan of conservation and development.

5.50.2. Accessory parking in adjacent zones. Parking areas on an accessory parcel servicing uses on an adjacent primary parcel within a business professional zone may be allowed through approval of a special permit. The following criteria shall be considered by the commission with each application:

A.

When the proposed site is residentially zoned, the area of land used for parking shall be a reasonable extension of the non-residential land area considering topography, tree lines, wetlands, and streams.

B.

All off street parking areas shall be located on land under the same ownership as the primary business use; the nearest property line of such land shall be located within a radius of 400 feet of any part of a building it is intended to serve; and the proposed site shall have a common boundary of at least 100 feet in length with the adjacent primary business use.

C.

In order to minimize impact on adjoining streets and properties, access into the proposed parking area should be exclusively through the parcel containing the primary use.

D.

No more than 25 percent of the required parking spaces shall be located in the accessory parking area.

E.

A minimum 50-foot-wide "B" buffer yard shall be provided from all rights of way, and a minimum 35-foot-wide "C" buffer yard shall be provided from all other property; lines; except no buffer is required between the primary parcel and the parcel containing accessory parking areas.

F.

The maximum area covered by paving in the proposed site shall not exceed 50 percent of the area of that parcel.

G.

Lighting shall meet the standards of the performance standards of section 7.10.6. Light standards shall be no higher than 14 feet.

H.

The accessory parcel shall not be taken into consideration in determining the permitted building coverage of the parcel containing the buildings to which the parking is accessory.

5.50.3. Buffer yard and setback requirements.

A.

A lot used for accessory parking shall be considered a lot in business use for the purpose of determining buffer yard requirements.

B.

When a parcel within the BP district is developed in conjunction with accessory parking in an adjoining residential zone under the same ownership, as provided in section 5.50.2, no setback shall be required from the common lot line.

The purpose of the Special Development District (SDD) is to create a flexible zoning mechanism designed to enable the rehabilitation, redevelopment, or adaptive reuse of commercial development sites and vacant buildings in all zones, including residential zones, except the I-2 zones and heavy industrial uses in the Industrial zones. The SDD requires the submission and approval of a master plan as part of the zone change application. The SDD is intended to create comprehensively designed site developments, including commercial, multi-family residential, and mixed-use developments. When the SDD is applied to a parcel or parcels of land, the underlying zoning designation remains intact and existing properties are not required to utilize the SDD designation and related provisions and requirements, unless specifically stated. The aim is to provide a master plan approach as a means of incentivizing investment within these zoning districts.

5.60.1. Criteria. The commission, at the request of an applicant, may establish a SDD for one or more contiguous lots in the above noted zoning districts when a proposal for the rehabilitation, redevelopment, or adaptive reuse of the property and/or buildings is proposed, if the commission finds the proposal meets all the following criteria.

A.

A master plan is submitted as part of a zone change application (a zoning map amendment) for the establishment of the SDD Development District, and shall:

i.

Provide sufficient details of the proposed development for the Commission to determine the suitability of the proposed development for the site and location.

ii.

Include a plan showing existing structures, existing topography at ten-foot contours, existing roads and paths, major topographic features, wetlands, and wooded and open areas.

iii.

Include an existing conditions plan which shall also provide the location of adjoining properties, the names of the owners of such properties as these appear on the latest records in the office of the town clerk, and the existing structures and land uses within 100 feet of the boundaries of the proposed SDD.

iv.

Include all proposed access and egress locations, access drives, parking areas and spaces, total parking count and parking count by use, building footprints, building height, square feet of building space by building and use, the number, type and maximum density of residential dwelling units, the residential unit mix by number of bedrooms, locations of green and open space, landscaping, recreation areas, buffers, and a land use plan showing land use within 100 feet of the proposed SDD. All proposed uses shall be shown and described in sufficient detail to clearly indicate the nature and scale of the proposed uses. The acreage assigned to each use, if the proposed development is mixed-use, shall be provided.

v.

Propose the use, bulk, area, and density requirements for the site and the proposed development. If approved, the master plan shall establish the permitted uses, bulk, area, and density requirements for the lot or lots in the SDD zone and development. A comparative table of dimensional requirements (bulk, area, and density) that includes the existing (underlaying) zone requirements, and the same requirements proposed for the SDD zone and master plan.

vi.

If the proposed development is to be phased, the master plan shall provide a phasing plan for the development.

vii.

Along with the master plan, the applicant shall submit building elevations, renderings, and a description of materials to be used in the design of buildings. Such elevations, renderings, and other materials submitted shall be of sufficient detail to provide the commission with an understanding of size, massing, form, scale, quality, and overall aesthetics of the development.

B.

The area for an SDD shall contain a contiguous land area of five acres or more;

C.

The burden shall be on the applicant to demonstrate to the commission that proposal will provide a substantial improvement to the site, town, and the immediate area;

D.

The proposal exhibits compatibility with the natural features of the land, economic conditions, and the needs of the community; and

E.

The proposal is compatible with the town plan of conservation and development.

5.60.2. Permitted uses. Any use or uses, including commercial, light industrial, mixed-use, and residential, which the commission may find meets the criteria set forth in section 5.60.1 of these regulations, may be permitted in the SDD. Heavy industrial uses are prohibited from the SDD. Allowance of a use or uses not permitted under the existing (underlying) zoning district classification shall not, by itself, serve as justification for the application of the SDD.

A.

In industrial zones, heavy industrial shall include automotive facilities and garages, manufacturing (fabrication, processing, assembly, cleaning, servicing, testing, or repairing of materials), trucking facilities, truck sales/terminals, wholesale, warehousing, and distribution facilities, contractor or construction offices and facilities, and heliports.

5.60.3. Procedure.

A.

Applicants for the SDD are required to initiate a pre-application meeting with the planning and zoning commission to discuss the conceptual aspects of the proposed development and to prepare and present a conceptual plan. All pre-application conferences are intended to be informal and consist of non-binding discussions that establish a dialogue about the proposed development aimed at creating high quality design and investment that meet the needs of community and applicants.

B.

Applications for a SDD shall be made in accordance with both the zone change procedures in section 12.10 and site plan approval procedures in section 9.10.1. The maps included with the applications shall include the entire area proposed to be rezoned as an SDD.

C.

The application for zone change shall include the proposed master plan. The master plan shall be of sufficient scale to include the detail required in section 5.60.1.A.

D.

The zone change application, including the master plan, may be submitted with or without the application for site plan. If the zone change application and master plan are submitted without the site plan application, the master plan approval is valid for five years and shall expire, along with the SDD zone designation, if a site plan is not submitted within the five years and approved within the statutory timing allowed for the site plan. Under extenuating circumstances, an additional five-year extension may be granted in one-year increments.

E.

After the SDD is established and site plans are approved, minor changes in use that do not increase the size of use by more than 20 percent shall require a zoning permit. For substantial changes in use, where a new use not included on the original or amended master plan, or new construction is proposed that would increase the size of existing buildings by more than 20 percent or new construction that would add additional buildings or uses not approved on the original or amended SDD master plan, shall require a special permit application to the planning and zoning commission.

F.

In circumstances where the applicant for the SDD master plan may not be the developer of part or all of the master plan, a less detailed master plan may be proposed and approved to establish the SDD. In this scenario, the proposed master plan shall not have to comply with section 5.60.1.A.vii and shall to the extent possible seek to demonstrate compliance with the other provision of section 5.60.1.A to establish the SDD. The master plan and narrative shall include as much detail as possible to describe the anticipated style of development. Once the master plan is approved and the SDD established, all site plan applications shall require a special permit application.

G.

A new special permit is required when substantial changes are proposed to the approved master plan. Such changes include a new proposed use, new building, or change of building size by more than 20 percent, or any change to the established bulk, area, or density.

(Ord. of 5-9-2025(1))

A.

Purpose: The purpose of the limited office overlay district is to create a special overlay district which serves as a transitional area between residentially zoned properties and nonresidential uses and zoning districts and/or less desirable conditions such as state highways, traffic generators, business/industrial uses, and similar uses. The LO overlay district provides a means of using existing residential buildings for nonresidential uses or encouraging the development of new buildings while attempting to maintain the quality of existing residential uses and zoning which may be adjacent and encourages the maintenance of the New England character throughout such areas.

5.70.1. Criteria. The commission may establish a limited office overlay district for any group of properties, the majority of which are currently occupied by residential buildings which front on state highways are across the street from major traffic generators, business/ industrial uses and similar uses and are, therefore, no longer appropriate for single family residential use.

5.70.2. Permitted uses. Single family dwelling units that exist on the effective day of these regulations, except that any conversion, alteration or enlargement that creates additional dwelling units is prohibited. The zoning board of appeals shall not vary this section.

5.70.3. Special permit uses.

A.

The commission may approve any of the following special permit uses and the zoning board of appeals shall not vary this section:

i.

Business/professional offices;

ii.

Financial institutions, except that drive-in facilities are prohibited;

iii.

Medical office;

iv.

Government offices;

v.

Personal services;

vi.

Child day care facilities.

5.70.4. Special standards.

A.

The following special standards shall apply to the LO overlay district:

i.

Business hours: Business hours shall be limited to 8:00 a.m. to 8:00 p.m. Monday through Saturday, with the exception of child day care facilities, where business hours shall be limited to 6:30 a.m. to 6:30 p.m. Monday through Friday.

ii.

Exterior lighting: All exterior lighting, except for security lighting, shall be turned off one (1) hour after the close of business. Flood lights are prohibited.

iii.

New construction and/or renovations: All new construction and/or renovations shall appear to be residential in nature and in keeping with a "New England" character of scale and appearance with pitched roofs, building materials and architectural features.

iv.

Parking: No parking shall be permitted in a required front yard. On a corner lot, where the commission may permit parking on the side of the building behind the front yard setback line.

v.

Consolidated lots: When feasible, lots within the limited office overlay district shall be consolidated to create a better use of the limited amount of land and to provide less obtrusive parking areas. When a consolidated lot is developed, in addition to the plans required by section 9.10, a specific plan showing the consolidation of lots and the integration of old and new buildings, parking and loading areas, curb cuts and driveways, and landscaping shall be submitted as part of the application for the special permit. When lots are consolidated, easements providing access across all of the consolidated lots shall be prepared and must be approved by the commission. Such easements shall be approved as to form by the town attorney.

(Ord. of 4-22-2021)