Marlborough City Zoning Code
ARTICLE III
General Regulations
[Amended 5-7-2015, effective 6-1-2015; 5-4-2017; 6-1-2015]
§ 340-3.1 Minimum requirements.
The requirements set by this chapter within each zoning district shall be minimum requirements and shall apply uniformly and particularly to each class or kind of building, structure, or land, unless otherwise specifically permitted elsewhere in these regulations.
§ 340-3.2 Regulations affect every building and use.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the requirements herein specified for the zoning district in which it is located. No building permit or Certificate of Compliance or Occupancy shall be issued without certification in writing from the ZEO that the structures and use comply with the Zoning Regulations.
§ 340-3.3 Conformity of buildings and land.
No building or other structure shall hereafter be erected or altered in any other manner contrary to the provisions of this regulation including but not limited to:
A.
Greater height;
B.
Accommodate or house a greater number of families;
C.
Occupy a greater percentage of lot area;
D.
Have narrower or smaller rear yards, front yards, side yards, or other open spaces;
E.
Have less frontage and area than herein required.
§ 340-3.4 Lot areas not counted toward requirements.
No part of a yard, or other open space, off-street parking, loading space, or structure required in connection with any building, structure or use shall be included towards meeting the requirements, for any other building, structure or use, except where specific provisions are made in these regulations.
§ 340-3.5 Reduction of lot areas or minimum required yards.
No yard or lot existing at the time of passage of this regulation shall be reduced in dimension or area below the minimum requirements set forth herein except by reason of a portion being acquired for public use in any manner. Yards or lots created after the effective date of this Regulation shall meet at least the minimum requirements established by these regulations.
§ 340-3.6 Principal buildings.
Except in the case of the DBIZ, GC, GI, VCD, and Municipal property, or where these Regulations authorize such use, there shall not be more than one principal building on a lot until after issuance of a Special Permit by the Commission.
§ 340-3.7 Building permits, certification of occupancy.
No building permit shall be issued for any building unless the lot upon which the building is to be located shall have frontage on either (A) a street as defined in Article IV of these regulations which all required improvements with the exception of paving, loaming, and seeding have been completed and approved by the town standards. A certificate of occupancy shall not be granted for a building located on a proposed street in an approved subdivision until all required improvements have been completed and approved by the town engineer in conformance with the Town of Marlborough's highway standards with the exception of the final course of paving, loaming, and seeding. (See also, Town of Marlborough, Codification of Ordinances, Chapter 254, Article II.)
§ 340-3.8 Corner lots.
Lots with frontage on two streets shall meet minimum front yard and frontage requirements on both streets. The street facing he front door shall be the front yard and the other a side yard. (See Appendix B.[1])
[1]
Editor's Note: Said appendix is on file in Town offices.
§ 340-3.9 Minimum required yards.
No building, portion of building, structure, construction, vehicle parking, equipment, or material storage is permitted in any required yard, except where otherwise permitted by these Regulations. Architectural features such as pilasters, chimneys, sills, cornices, eaves, windows, steps, stoops or thresholds may extend or project into the minimum required yards not more than two feet. Bus Shelters, and Public Utility Installations as permitted under Articles VI, VII, VIII, and IX of these Regulations need not conform to the minimum required yard and accessory building requirements of these Regulations. For the placement of buildings and structures the Commission, may, at its discretion, in situations where the public right of way is excessively wide, permit the front yard in General Commercial (GC), General Industrial (GI), Designed Commercial (DC) and Design Industrial (DI) zones to be measured as 60 feet from the curb line.
§ 340-3.10 Walls and fences.
Notwithstanding other provisions of this Regulation, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard. Fences, walls, and hedges shall not exceed eight feet in height within 15 feet of a curb line or property line except for use with athletic facilities or when required by the Commission and shall not obstruct vision as to create a traffic hazard.
§ 340-3.11 Driveways.
A.
The apron and drive shall have a maximum grade of 15%, a minimum width of 10 feet, a transition curve, a paved apron and shall not alter the flow of storm water in the road gutter or side swale. (See Appendix B.[1])
[1]
Editor's Note: Said appendix is on file in Town offices.
B.
No driveway runoff shall run directly onto the roadway. It shall be retained on the lot, carried in the roadway gutter, carried in the roadway side swale, or piped directly to a catch basin or culvert.
C.
No driveway shall be constructed in any required side yard unless necessary to permit the construction of a common driveway or access to Town or State Open Space, or to a public utility facility. The Commission may approve a site development plan application for a common driveway if it is deemed by the Commission to be the only prudent and feasible access to the sites or if the Conservation Commission submits a written recommendation that the common driveway would diminish the adverse impact on an Inland Wetland or Watercourse Conservation Area. An appropriate easement and maintenance agreement shall be filed on the Marlborough Land Records to indicate that a right of way has been conveyed for the shared portion of the driveway.
D.
Driveways shall not exceed a maximum length of 1,000 feet unless otherwise approved by the ZEO based upon a recommendation from the Fire Marshal with consideration to; the relative location of a water source for fire suppression, the slope of the driveway and the ability for the adequate maneuverability of emergency vehicles. Driveways that exceed 500 feet in length may be subject to additional standards required by the Fire Marshal as a means to ensure the reasonable safety of persons occupying or using any premises in the Town. These standards may include, but are not limited to; extra driveway width, pavement treatment, and driveway length and turnaround areas. The Commission may prescribe certain conditions or may deny approval for sites that cannot be adequately serviced by emergency vehicle equipment.
§ 340-3.12 Visibility at intersections.
At the intersection of two streets, no planting, structure, fence, wall, or obstruction to vision shall be placed or maintained exceeding 2 1/2 feet in height, measured from the road surface, within a triangular area formed by the intersecting property lines and a straight line connecting points on said property lines each of which points are 25 feet distant from the point of intersection. (See Appendix B.)
§ 340-3.13 Speakers/amplifiers and sound equipment.
The use of speakers, amplifiers, and sound equipment for advertising purposes is permitted only within the confines of buildings and shall not be audible at a distance of 20 feet from the main entrance of the establishment.
§ 340-3.14 Refuse and debris.
The storage or collection of unsightly material or debris such as trash, junk metal, non-operational recreational vehicles and yard equipment and the like, shall not be permitted on any lot.
§ 340-3.15 Display of commercial goods.
Goods and/or merchandise shall not be stored or displayed outside a building except by Special Permit, issued by the Zoning Commission based on conformance with the criteria defined in Article V and other provisions of these Regulations.
§ 340-3.16 Outdoor lighting.
A.
Purpose; intent. The purpose of this section is to further promote the public health, safety and welfare by providing adequate standards to control lighting in outdoor places. The specific requirements and standards of this section have been formulated to:
(1)
Permit reasonable uses of Exterior Lighting for nighttime safety, utility, security and enjoyment while preserving the ambiance of the night;
(2)
Curtail and reverse any degradation of the nighttime visual environment and the night sky;
(3)
Minimize Glare by limiting outdoor lighting that is misdirected, excessive or unnecessary; and
(4)
Conserve energy and resources to the greatest extent possible.
B.
Compliance with these regulations. Any person or entity installing, constructing, affixing, operating, maintaining, repairing or replacing any Exterior Lighting Fixture from which any form of Exterior Lighting emanates shall comply with the terms and provisions contained in this § 340-3.16.
C.
Lighting design.
(1)
Type and design. All Exterior Lighting Fixtures shall be of a type and design appropriate to the lighting application and consistent with Marlborough's rural and small-town New England character.
(2)
Full cut-off fixtures. Each Exterior Lighting Fixture shall be a full cut-off fixture.
(3)
Aim of fixture. Any Exterior Lighting Fixture used primarily for the illumination of horizontal surfaces and shall be aimed directly at the ground immediately below such Exterior Lighting Fixture. Any Exterior Lighting Fixture used primarily for the illumination of non-horizontal surfaces and shall be aimed directly at the subject matter to be illuminated.
(4)
Height of fixture. The lowest point of any Exterior Lighting Fixture used primarily for the illumination of horizontal surfaces shall not exceed 16 feet above the grade of the ground immediately below such Exterior Lighting Fixture. The highest point of any Exterior Lighting Fixture used primarily for the illumination of non-horizontal surfaces shall not exceed 25 feet above the surface level of the nearest public right-of-way, measured from the location of such Exterior Lighting Fixture.
(5)
Shielding.
(a)
No lamp or lamp image from any Exterior Lighting Fixture shall be visible outside the Lot Line on which such Exterior Lighting Fixture is located.
(b)
No Exterior Lighting Fixture shall produce Glare which is visible outside the Lot Line for such Lot on which such Exterior Lighting Fixture is located.
(6)
Brightness. No Exterior Lighting Fixture located in a Commercial Zone or an Industrial Zone shall employ lamps in excess of 250 watts or 50 watts, for incandescent lighting and compact fluorescent lighting, respectively.
(7)
Lighting hours.
(a)
In Commercial Zones and Industrial Zones, Exterior Lighting on a Lot shall be reduced to the minimum intensity necessary for public safety or security purposes at the later of (i) one-half hour following the close of business on such Lot, and (ii) 10:00 p.m., Marlborough, Connecticut time. Such Exterior Lighting for public safety or security purposes (i) shall not exceed 25% of the total illumination created by all Exterior Lighting Fixtures on the applicable Lot during regular business hours, (ii) shall utilize Exterior Lighting Fixtures which are fully shielded to prevent any Glare from being visible from any other Lot, and (iii) shall only illuminate points of entry for structures on such Lot and parking areas, to the extent each is appropriate pursuant to the IESNA's recommended practices.
(b)
For commercial and industrial uses in a Recreational Zone or Residential Zone, no Exterior Lighting shall be permitted, except for (i) Exterior Lighting specifically solely used for public safety and security purposes in the manner set forth in Subsection C(7)(a) above, and (ii) Exterior lighting consistent with residential uses conforming to the standards of this § 340-3.16.
(c)
For residential uses in any zone, Exterior Lighting on a Lot shall be extinguished as early as practicable.
(d)
On any Lot being used for recreational purposes, Exterior Lighting shall be extinguished on such Lot at the later of (i) one-half hour following the conclusion of any event being located on such Lot, and (ii) 9:00 p.m., Marlborough, Connecticut time.
D.
Prohibited lighting.
(1)
No External Lighting shall flash, pulse, sparkle, twinkle, rotate, move or simulate motion.
(2)
No External Lighting Fixture shall use neon, light emitting diode, high intensity sodium, laser, fossil fuel, or mercury vapor technology, and no External Lighting Fixture shall be used which is not appropriate pursuant to the IESNA's recommended practices.
(3)
No searchlights shall be used in any zone, except by police or state or local public officials in the ordinary course of their duties.
(4)
No External Lighting creating a public hazard, nuisance or trespass by projecting or reflecting objectionable light shall be permitted in any zone.
(5)
No External Lighting Fixture failing to comply with the standards of this § 340-3.16 shall be permitted in any zone.
E.
Commission discretion; special permit.
(1)
Upon application by an Owner of a Lot, the Commission may issue a Special Permit to allow the installation, construction, affixing, operation, maintenance, repair or replacement of any Exterior Lighting Fixture in a manner inconsistent with any portion of Subsection C, provided, that such applicant shall demonstrate: (i) the impracticability of such provisions said Subsection C, (ii) the compliance of such application with the intentions, purposes and goals of this § 340-3.16, and (iii) the commercial reasonableness, using the recommended practices of the IESNA as a standard, of the application presented.
F.
Exemptions.
(1)
Low-watt lighting. Exterior Lighting Fixtures employing lamps not in excess of 100 watts or 25 watts, for incandescent lighting and compact fluorescent lighting, respectively, and containing not more than two lamps, and meeting the standards of Subsection C(5)(b), shall be exempt from the other provisions of this § 340-3.16.
(2)
Landscape lighting. Landscape lighting utilizing lamps not exceeding 25 watts or seven watts, for incandescent lighting and compact fluorescent lighting, respectively, and used solely for such purposes and meeting the standards of Subsection C(5)(b), shall be exempt from the other provisions of this § 340-3.16.
(3)
Temporary seasonal lighting. Decorative holiday lighting used solely for such purposes and meeting the standard of Subsection C(5)(b) shall be exempt from the other provisions of this § 340-3.16 from November 15 through January 15, inclusive, of each year.
(4)
Temporary event lighting. Exterior lighting utilized in connection with a temporary use approved by the Commission under §§ 340-3.15 and 340-5.2 of these Regulations shall be exempt from the provisions of this § 340-3.16.
(5)
Flags. Exterior Lighting Fixtures solely used to illuminate national, state, municipal or other political flags shall be exempt from the provisions of Subsection C(2), (4) and (7), provided, that such Exterior Lighting Fixtures shall use the lowest-power lamps necessary for proper illumination of such flags.
(6)
Swimming pools. Exterior Lighting Fixtures solely used to illuminate swimming pools and other water features governed by Article 680 of the National Electrical Code shall be exempt from the provisions of this § 340-3.16.
(7)
Building code. Exterior Lighting Fixtures solely used for exit signs, stairs, ramps and other illumination required by building codes shall be exempt from the provisions of this § 340-3.16, provided that if any provisions of Subsection C shall not contravene applicable building codes, then such provisions shall remain applicable to such Exterior Lighting Fixtures.
G.
Application procedures.
(1)
Residential uses. External Lighting meeting the standards of this § 340-3.16 and used for customary residential purposes in connection with residential uses in any zone shall be permitted as of right. By way of clarification, the phrase "customary residential purposes" shall not be construed to include outdoor recreational uses including, but not limited to, riding rings, basketball courts and tennis courts.
(2)
Other uses. Except as set forth in Subsection E above, any person desiring to install, construct, affix or replace any lighting fixture in any zone shall submit a Site Plan application in conformance with § 340-5.3 of these Regulations.
§ 340-3.17 Planning Commission requirements.
The Planning Commission may require larger lot sizes and minimum required yards where on-site conditions, on-site tests, or the Health Director and/or the Town Engineer indicate the need.
§ 340-3.18 Soil testing required.
Each proposed lot shall be approved by the Chatham Health District Sanitarian, as having sufficient details and data to support a subsurface sewage disposal system, prior to its approval. All percolation tests and deep hole tests shall, where possible, be witnessed by the Chatham Health District Sanitarian and all locations shall be specified on the plans. Each proposed lot shall have a percolation test and a deep hole test conducted within both the primary and reserve sewage disposal areas as per the State Department of Health Service Design Standards, as amended. A report detailing the results of the percolation tests, deep hole tests and ground water monitoring shall be presented to the Planning Commission at the time of application as prescribed in the Marlborough Subdivision Regulations or Zoning Commission at the time of a Special Permit application and/or Site Development Plan application.
§ 340-3.19 Buffer yards required.
A.
When a side and/or rear yard in a General Commercial (GC), General Industrial (GI), Designed Business Industrial Zone (DBIZ), Designed Industrial (DI), and Designed Recreational (DRE) Zone, Village is adjacent to a Residential Zone, the side and/or rear yard abutting the Residential Zone shall be a minimum of 50 feet with a twenty-five-foot buffering strip as defined in these Regulations.
B.
When a side and/or rear yard in a Village Center 1(VCD-1), Village Center 3 (VCD-3), Village Center 4 (VCD-4), or Village Center 5 (VCD-5) Zone is adjacent to a Residential Zone, the side and/or rear yard abutting the Residential Zone shall be no less than 35 and no more than 60 feet, depending on visibility and proximity to existing buildings, as determined by the Planning Commission or Zoning Commission.
§ 340-3.20 Minimum buildable lot area.
All proposed lots in a subdivision or re-subdivision shall not be approved unless the lots can meet or exceed the minimum buildable lot area requirements of these Regulations, except in an O.S.C.A.R., Large Lot Conservation, or Village Cluster Residential Subdivision application.
§ 340-3.21 Soil erosion and sediment control plan required.
A soil erosion and sediment control plan shall be required for all development applications in which the disturbed area of such development is cumulatively more than one-quarter acre.
§ 340-3.22 Use of land for access.
Access to any use in a Commercial or Industrial Zone shall be prohibited on or across land in a Residential Zone.
§ 340-3.23 Use variance.
The Zoning Board of Appeals shall be prohibited to grant a variance related to the permitted uses of land, buildings, or structures not authorized by these Regulations for a specific district or the density of development beyond that permitted by these Regulations for any zoning district. No variance shall be granted for any application in connection with the future division of land as it relates to any requirements of these Regulations.
§ 340-3.24 Voting place.
The provisions of these Regulations shall permit the temporary use of any premises as a voting place for municipal, state, or federal election or primary.
§ 340-3.25 Permitted and prohibited uses.
Any use not expressly permitted by right or special permit in a particular zoning district by these Regulations shall be prohibited within such district. Any use expressly not permitted by these Regulations is not permitted in any zoning district.
§ 340-3.26 Motor vehicle junk yards.
No person shall operate a motor vehicle junk yard on any parcel of land unless it is a legally authorized "motor vehicle junk yard" as in CGS § 14-6(H) and it is a permitted use in the zone which the parcels are located.
§ 340-3.27 Discontinued/closed streets.
Upon abandonment or declaration of non-use of any street, road, or highway or any portion thereof, in accordance with CGS § 13-61, the zone designation immediately abutting the street right of way shall be automatically extended to the center line of the street, road, or highway unless otherwise designated by the Commission.
§ 340-3.28 Dwellings in other than principal structure.
No residential dwelling shall be permitted in any accessory structure except as permitted in Article VI.
§ 340-3.29 Undivided tract.
An undivided tract of land occupied by two or more principal buildings prior to September 23,1953, may upon the issuance of a Special Permit by the Commission, pursuant to § 340-5.1 of these Regulations, be divided into as may lots as are such principal buildings even though the resultant lots will not conform to the applicable area, square, yard, or frontage requirements of these Regulations, provided the owner of the tract of land shall not own contiguous land to make conforming lots or more conforming lots, and each such lot shall be as nearly conforming as feasible.
§ 340-3.30 Visiting trailer.
One visiting trailer used for living purposes may be permitted after the issuance of approval by the Health Department. Any visiting trailer shall be parked in the rear of the house or to the side of the house if it is located within twenty feet of the house and not in a required yard area for not more than six weeks in any calendar year.
§ 340-3.31 Temporary uses.
A.
The Commission may issue, with or without a public hearing, temporary use permits with conditions, for the following purposes in any zone: any indoor or outdoor event or commercial venture such as such as auctions, carnivals, fairs, parades, or vendor sales expected to be attended by 50 or more people, as determined by the ZEO. Any application shall be submitted at least 14 days in advance of the event, and the following information be included: a site plan, parking plan, and clean-up plan. The Commission may condition any approval as follows:
(1)
The number of days of the event in no case shall said event last not longer than four consecutive days.
(2)
The Commission may authorize the use of speakers and sound equipment with specific time frames and permitted decibel levels.
(3)
The Commission may require adequate police and emergency services are provided. If required, the applicant shall submit to the ZEO proof of arrangement for said services as required prior to the commencement of the event.
(4)
Limit the time and amount of lighting.
(5)
Require a bond for the site clean up and restoration.
B.
The ZEO may issue the following temporary use permits with or without conditions for a trailer for temporary living quarters during the construction of principal residential structure for a property that a building permit has been issued. Health approval for the septic system and water supply well is required. Said trailer may be used for one year and must be removed within two weeks of issuance of a certificate of occupancy.
§ 340-3.32 Building permits and certificate of occupancy.
No building permit shall be issued for any building unless the lot upon which the building is to be located shall have frontage on either (A) a street as defined in Article IV of these Regulations or (B) a proposed street in an approved subdivision, with respect to which all required improvements with the exception of paving, loaming, and seeding have been completed and approved by the Town Engineer in conformance with the Town of Marlborough Highway Standards. A Certificate of Occupancy shall not be granted for a building located on a proposed street in an approved subdivision until all the required improvements have been completed and approved by the Town Engineer in conformance with the Town of Marlborough's Highway Standards with the exception of the final course of paving, loaming, and seeding. (See also, Town of Marlborough, Codification of Ordinances, Chapter 254, Article II.)
§ 340-3.33 Non-illuminated outdoor recreation facility.
Outdoor recreation facility such as tennis court, paddle tennis court, batting cage, basketball court, or similar facility with no above ground artificial lighting provided that:
A.
The facility is not located in the front yard unless it is located more than 150 feet from the front property line.
B.
The facility is no closer than 25 feet from the side and rear property lines.
C.
No more than one such court per residential property unless the parcel is five acres or more.
§ 340-3.34 Storage containers.
A.
Long term storage. More than 30 days.
(1)
Are permitted in after issuance of a building permit.
(2)
In residential zones only one container is permitted shall not exceed 200 square feet and shall be located to the rear of the principal dwelling and 50 feet from the side and rear property lines.
(3)
In non-residential zones nor more than two storage containers that do not exceed 450 square feet each are permitted. Said containers shall be stored to the rear of the principal building and 25 feet from the side and rear property lines.
(4)
Storage containers shall not be permitted within existing driveway and parking areas.
(5)
When a valid building permit is active a container to store materials and tools is permitted.
(6)
Storage containers shall not be permitted on a vacant lot.
(7)
No hazardous materials shall be stored in a container
B.
Temporary storage. Thirty days or less.
(1)
Shall only be allowed for temporary storage in conjunction with a bona-fide moving operation; remodeling job on the same premises for which a building permit has been issued; or for a principal building damaged by fire, explosion or natural disaster is awaiting repair.
(2)
Temporary permits issued by the Zoning Enforcement Officer are valid for a thirty-day period and may be renewed once for a maximum period of 60 days, except a container utilized on a property in which the principal building was damaged by fire, explosion, or natural disaster which shall have a maximum time frame of 120 days.
(3)
The Commission may extend the maximum 120-day timeframe when conditions warrant such an extension.
(4)
Must be located on the property and in a location that does not interfere with sightlines along driveways and streets.
(5)
Containers are to be removed from site upon expiration of the temporary permit.
C.
Temporary truck trailer storage.
(1)
In all non-residential zones temporary truck trailer storage shall be restricted to a designated loading area. No such trailer shall be stored for more than 10 consecutive days unless a temporary storage trailer permit is issued.
(2)
Retail sales are not permitted from a trailer unless specifically permitted elsewhere in these Regulations.
(3)
A trailer used for these purposes shall be registered and mounted on wheels and road worthy.
(4)
No hazardous material may be stored unless approved by the Fire Marshall.
(5)
Any trailers authorized shall be removed upon expiration of the timeframe in Subsection C(1) above, and/or any temporary permit timeframe.
§ 340-3.35 Construction trailers.
After issuance of a zoning permit a trailer for use on an active construction site as an office, after the permits for the principal building have been issued, or in the case of a subdivision after construction of the improvements has been authorized.
§ 340-3.36 Small-scale solar installations.
A.
Small solar energy systems shall be permitted as an accessory use by right in residential zoning districts and by Site Development Plan Approval for all non-residential zoning districts subject to requirements set forth below. Solar energy systems include ground, pole, and roof mounted systems.
B.
A small-scale solar installation shall only produce energy for direct consumption on the subject property and be interconnected to the electric utility power grid to off-set energy use on the subject property, in accordance with current State net-metering regulations.
C.
The construction of the small-scale solar energy system shall be in accordance with an approved building permit application. If the small-scale solar energy system is to be interconnected to the local utility power grid, a copy of the notification from the local electric distribution company accepting such connection shall be submitted.
D.
In all zoning districts ground or pole mounted facilities shall be setback 25 feet from the side and rear property lines and shall not be located in the front yard.
E.
Ground mounted facilities shall not exceed 20 feet in height. All wiring shall be underground and all installation shall meet the manufacturer's recommendations for installation and operation.
F.
Roof mounted facilities shall not project vertically more than four inches above the peak of the roof line of a sloped roof or more than five feet above a flat roof. Roof top panels shall be configured in a square or rectangular pattern.
G.
Any glare generated by a system must be mitigated or directed away from adjoining properties and/or the street.
§ 340-3.37 Reasonable accommodations for ADA.
[Amended 4-14-2017]
All setback, coverage, and location requirements of these regulations do not apply for the alteration, construction, and/or modifications necessary to provide access for persons with handicaps. Once the reasonable accommodation is no longer required all improvements not in compliance with the regulations shall be removed within 90 days.
§ 340-3.38 Seasonal outdoor dining.
[Amended 5-1-2020]
A.
Outdoor eating areas, as defined in this section may be established as an accessory use to permitted restaurants and retail food establishments. Outdoor dining area shall mean a designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
B.
Applicants shall apply for special permit approval in accordance with the provisions of this chapter. All such applications shall be approved by the Zoning Commission, except as provided below, and shall be referred to the Chief of Police, the Director of Health, and the Fire Code Official, who shall provide the Commission with reports of their opinions and recommendations regarding the application.
C.
An applicant proposing to establish an outdoor eating area shall submit to the Commission a layout of the proposed seating areas, which shall include but not be limited to a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; the location of all food preparation and service areas; the landscape plan; location and description of all plumbing, electrical and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings, signage and other furniture proposed. Establishments which serve alcoholic beverages are required to provide a physical barrier surrounding the outdoor eating area.
D.
The Commission shall review each application to ensure that the proposed operation of the outdoor eating area will not interfere with pedestrian or vehicular traffic. Six feet of unobstructed sidewalk should be provided with the exact width being determined by the Commission as it deems it to be appropriate to promote pedestrian or vehicular safety or the visual harmony of the neighborhood, however, in no event shall the unobstructed sidewalk be less than four feet.
E.
The Commission shall require each applicant to submit a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter.
F.
The special permit granted pursuant to this section shall allow the use of the outdoor dining areas from April 1 to October 31.
G.
Where a principal restaurant or food service establishment has obtained site plan approval or special permit approval from the Zoning Commission which does not include an outdoor eating area, the Zoning Officer may grant interim approval under this chapter, provided that such approval shall be temporary during the term of the Declaration Public Health and Civil Preparedness Emergency issued by the Governor on March 10, 2020, and shall be subject to approval, modification and approval, or denial of an amendment to the site plan approval or special permit, as the case may be, by the Zoning Commission within 90 days of the expiration of said Declaration. Any such temporary approval for outdoor eating area shall expire, if not approved by the Zoning Commission, within 90 of the expiration of said Declaration.
H.
Further, during the term of the Declaration Public Health and Civil Preparedness Emergency issue by the Governor on March 10, 2020, up to 20% of the required parking spaces may be utilized for outdoor dining areas under this chapter, and during the term of the Declaration, the Zoning Officer may waive the requirement for waiter or waitress service to the outdoor eating area.
§ 340-3.39 Fueling stations.
There shall not be more than one fueling station per 2,000 residents as counted in the most recent decennial census. Regardless if the fueling station is a stand-alone operation or a part of other permitted uses the above limit is applicable.