21.1Districts: For the purposes of these regulations, the Borough of Naugatuck is hereby divided into the following classes of districts:

21.2  District definitions: When making zone changes or extensions of zoning districts, the commission shall be guided by the purposes of the districts set forth below:

21.2.1  Residence R-45 district. The purpose of the R-45 district is to allow single family residences on forty-five-thousand-square-foot lots. The R-45 district provisions are intended to regulate development that does not require public sewer or public water supply service. The R-45 district provisions are intended to protect water sources as set forth by Public Act 85-279 and to protect delicate environmental areas.

21.2.2  Residence R-30 district. The purpose of the R-30 district is to allow single family residences on thirty-thousand-square-foot lots. The R-30 district provisions are intended to regulate development that does not require public sewer or public water supply service. The R-30 district provisions are intended to protect water sources as set forth by Public Act 85-279.

21.2.3  Residence R-15 district. The purpose of the R-15 district is to allow single family residences on a minimum of fifteen-thousand-square-foot lots where public sewer and public water are available. The R-15 district provisions are intended to regulate residential moderate density development.

21.2.4  Residence R-8 district. The purpose of the R-8 district is to allow single family residences on a minimum of eight-thousand- square-foot lots. The R-8 provisions are intended to regulate higher density development in areas served by public sewer and public water supply service. The R-8 district shall be restricted to those areas already designated R-8 or approved for development as R-8, except that further expansion of R-8 shall be permitted in those areas of the borough that are presently developed in such a manner consistent with R-8 standards and are nonconforming under their existing zoning district designation. The expansion of the R-8 district shall serve exclusively to bring developed single family, higher density, residential areas into or closer to conformity.

21.2.5  Residence RA-1 district. The purpose of the RA-1 district is to allow single family, two-family, three-family and multi-family dwellings to be developed in areas served by public sewer and public water supply service. The RA-1 provisions are intended to regulate high density multi-family development in areas of Naugatuck most capable of offering urban public services and facilities. The RA-1 districts shall be restricted to those areas already designated RA-1 or approved for development as RA-1, except that further expansion of the RA-1 shall be permitted in those areas of the borough that are presently developed in a manner consistent with RA-1 standards and are nonconforming under their existing zoning district designation. The expansion of the RA-1 district shall serve exclusively to bring developed high density areas and/or multiple family residential areas into or closer to conformity.

21.2.6  Residence RA-2 district. The purpose of the RA-2 district is to allow two-family, three-family and multi-family dwellings to be developed in areas served by public sewer and public water supply service. The RA-2 provisions are intended to regulate moderate density multi-family development.

21.2.7  Residence office RO-1. The purpose of the RO-1 district is to allow single family, two-family, three-family and multi-family dwellings and professional, commercial or business offices in areas served by public sewer and public water supply service. The purpose of RO-1 is to allow high density mixed residential and office use adjoining the core area of the borough.

21.2.8  Business district #1. The purpose of the B-1 district is to allow general commercial and office development in designated areas located on core area streets with adequate off-street parking and at higher urban densities of development. Area must have pedestrian access walkways.

21.2.9  Business district #2. The purpose of the B-2 district is to allow general commercial and office development in suitable locations for automotive and drive-in type establishments which serve the needs of motorists. The B-2 district provisions are intended to provide general commercial development along arterial streets of Naugatuck.

21.2.10  Business district #3. The purpose of the B-3 district is to allow neighborhood oriented commercial services. The B-3 district provisions allow for smaller-scale development and exclude motor vehicle service repair stations.

21.2.11  Business district #4. The purpose of the B-4 district is to allow low intensity commercial development and to serve as a transitional zone between residential and existing higher intensity commercial districts.

21.2.12  Industrial district #1. The purpose of the I-1 district is to provide for the location of heavy industry. The I-1 district is also suitable for the open storage of goods, heavy commercial activities and freight terminals.

21.2.13  Industrial district #2. The purpose of the I-2 district is to provide suitable locations for light industry, wholesaling, warehousing and research laboratories in a lower density atmosphere. Light industry includes activities that create minimal levels of noise, air pollution, and water pollution, and is generally involved in secondary or tertiary manufacturing, assembling, packaging, fabrication or treatment of goods and merchandise.

21.2.14  Planned development district. A planned development district is a class of districts established in accordance with section 33.

21.2.15  Flood plain districts. A flood plain district is a class of district in addition to and overlapping one (1) or more of the other districts. For purposes of these regulations, the flood plain district shall include all areas of special flood hazard, designated as zones A1-A30, zone B and floodway areas as shown on the maps entitled: "Flood Insurance Rates Map, Borough of Naugatuck, Connecticut," prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Study for the Borough of Naugatuck. Said maps and any amendments thereto are hereby declared to be a part of these regulations and shall be on file in the town clerk's office.

21.2.16  Regional shopping center district. The purpose of the RSC district is to provide suitable locations for major commercial development subject to the special standards in section 32.11.

22.1  Map: The boundaries of the districts specified in section 21 hereby established as shown on a map entitled "Zoning Map of the Borough of Naugatuck, Connecticut," dated May 4, 1983 including any special maps and boundary descriptions supplementary thereto and any amendments thereof, which map is hereby declared to be a part of these regulations and is herein referred to as "zoning map."

22.2  Interpretation of map: Where a question arises as to exact boundaries of a district shown on the zoning map, the zoning commission shall by resolution determine the boundaries, giving due consideration, among other factors, to the indicated location of the boundary on the zoning map, the scale of the zoning map and the expressed intent and purposes of these regulations.

22.3  Extension of use: Where the boundary of a district divides a lot, the existence of which lot is evidenced by deed or deeds recorded in the land records of the Borough of Naugatuck on the effective date of these regulations or on the effective date of any amendments of these regulations establishing such boundary, the borough planning commission may grant a special permit to authorize a use of land, buildings and other structures permitted in one (1) district for a distance of not more than fifty (50) feet in accordance with the provisions of section 32.

23.1  Schedule A: "Schedule A—Permitted Uses" is hereby declared to be a part of these regulations and is herein referred to as "schedule A." Land, buildings and other structures in any district may be used for one (1) or more of the uses, and no other, specified in schedule A as permitted in the district. Uses in schedule A are permitted or prohibited in accordance with the following designation and procedure:

"P" means a use permitted in the district as a matter of right;

"S" means a use permitted subject to the administrative site plan review by the Naugatuck planning or zoning commission as provided in section 37;

"SP" means a use permitted in the district, subject to the securing of a special permit from the borough planning commission in accordance with section 32;

"X" means a use prohibited in the district.

23.2  Regulated activities: The development to which this section applies includes any of the following activities:

23.2.1 To erect, construct, reconstruct, move, enlarge, or alter any structure or part thereof; or

23.2.2 To use or occupy or arrange or design for use or occupancy any land or structure or part thereof; or

23.2.3 To do any grading preparatory to any of the activities in section[s] 23.2.1 through 23.2.2; or

23.2.4 To do any removal of earth materials.

23.3  Prohibited uses: Any use not specified in schedule A as permitted is prohibited. To further assist in the interpretation of schedule A, the following uses, the listing of which is not intended to be exhaustive, are specifically prohibited:

23.3.1 The use or occupancy of a trailer or tent as a permanent dwelling.

23.3.2 The outdoor storage in any residence district of any unregistered motor vehicle.

23.3.3 The outdoor accumulation or storage of trash, rubbish, debris, building materials, inoperable motor vehicles, parts of motor vehicles or construction equipment in such a manner as to (1) be offensive to the sight of the general public or to adjoining owners, or (2) depreciate the value of property other than the lot where the accumulation or storage is located.

SCHEDULE A

PART A—RESIDENTIAL AND RELATED USES

SCHEDULE A

PART B - COMMUNITY FACILITIES AND SERVICES

SCHEDULE A

PART C - COMMERCIAL USES

SCHEDULE A

PART D - ACCESSORY USES table below for 3 column. ms 205

SCHEDULE A

PART E - TEMPORARY USES

24.1  Schedule B: "Schedule B—Standards" is hereby declared to be a part of these regulations.

24.2  Lot area, shape and frontage: Each lot shall have at least the minimum area as specified in schedule B. Each lot to be used for a dwelling containing two (2) or more dwelling units shall have at least the minimum area per dwelling unit specified in schedule B. Each lot shall be of such shape that a square with the minimum dimension specified in schedule B will fit on the lot, and in residence districts some portion of such square shall lie within less than the required building setback distance from a street line. Each lot shall have the minimum frontage on a street specified in schedule B. (See section 24.10, buildable lot standards.)

24.2.1  Exceptions: The requirements of paragraph 24.2 shall not be construed to prohibit the following:

a.

Condominium ownership of a building or buildings meeting the requirements of such paragraph, the requirements of ownership of a portion of a building and its related lot provided that a special permit therefor has been granted by the borough zoning commission in accordance with section 32 and a subdivision map therefor has been approved in accordance with the standards of the subdivision regulations and the zoning regulations of the Borough of Naugatuck and recorded in the land records of the Borough of Naugatuck.

a.

Interior lots provided that all requirements of paragraphs 24.9 are met.

[Any submittal for development on property solely serviced by private accessways or intended to be a closed private development shall not be presented to any borough land use board unless factual proof is submitted in writing that these properties shall not receive any borough services (excluding fire and police protection)].

24.3  Height: No building or other structure shall exceed the number of stories and/or the maximum height, whichever is less, as specified in schedule B. This limitation, however, shall not apply to the following when not used for human occupancy: spires, ornamental cupolas, towers[,] chimneys, flagpoles and silos as well as such features plus tanks and elevators, heating, ventilating, air conditioning and similar equipment that are located on the roof of a building and do not occupy more than twenty (20) percent of the area of the roof.

24.4  Setbacks: No building or other structure shall extend within less than the minimum distances of any street line, rear property line, other property line or residence district boundary line as specified in schedule B, subject to the following exceptions and additional limitations:

24.4.1  Signs: Certain permitted signs, as specified in section 43, may extend within lesser distances of property or street line.

24.4.2  Projections: Pilasters, belt courses, sills, cornices, marquees, canopies, eaves and similar architectural features and fire escapes may project two (2) feet into the area required for setback from a property or street line except that a canvas canopy for a restaurant or funeral home in a business district #1 or #2 may extend from the main entrance to the street line.

24.4.3  Additional setbacks: In residence districts and business district #1 any portion of a building or other structure, which portion exceeds thirty (30) feet in height, shall be set back from any property or street line by two (2) additional feet for each foot or fraction thereof by which such portion exceeds thirty (30) feet in height.

24.4.4  Narrow streets: The required setback from a street line of a street having a width of less than fifty (50) feet shall be increased by one-half of the difference between fifty (50) feet and the actual width of the street.

24.4.5  Arterial streets: No building or other structure shall extend within less than fifty (50) feet of the street designated on the zoning map for "arterial street setbacks."

24.4.6  Railroads and channel lines: In business and industrial districts, no setback is required from a railroad right-of-way or an established channel line.

24.4.7  Guard houses: In industrial districts, a building not exceeding one hundred fifty (150) square feet in floor area and a height of fifteen (15) feet and used solely as a guard house, gate house or security building may extend to within ten (10) feet of any street line.

24.4.8  Form of ownership: The requirements of paragraph 24.4 shall not be construed to prohibit condominium ownership of a building or buildings, the requirements of paragraph 24.4 shall not be construed to prohibit other ownership of a portion of a building and its related lot provided that a special permit therefor has been granted by the borough planning commission in accordance with section 32 and a subdivision map therefor has been approved by such commission in accordance with the standards of the subdivision regulations of the Borough of Naugatuck and recorded in the land records of the Borough of Naugatuck.

24.4.9  Accessory buildings in residence districts: An unattached accessory building or structure, not exceeding fifteen (15) feet in height and five hundred seventy-six (576) square feet in floor area, may extend as follows:

a.

In residence R-8, RA-1 and RA-2 districts, to within five (5) feet of any property line other than a street line; and

b.

In residence R-45, R-30 and R-15 districts, to within ten (10) feet of any property line other than a street line.

24.4.10  Fences, walls and terraces: The required setback shall not apply to fences or walls six (6) feet or less in height or to necessary retaining walls or to unroofed terraces, but no fence, wall or terrace shall be located within the right-of-way of any street.

24.4.11 Reception/transmission devices. Any devices (antennae) for the reception or transmission of radio or television "signals" shall be considered to be a structure and shall conform to all the setback requirements for a structure applicable in the district that the structure (per section 24, schedule B), is located in, except that at no time shall a receiving/transmitting device be located less than ten (10) feet from a side or rear property line. The height of said device shall be restricted according to Federal Communications Commission (FCC) regulations except that in no case shall any adjacent property be subjected to damage by the possible dislodgement of the reception/transmission device from its mooring.

24.4.12 Pools, (recreational, swimming, hot tubs). Any aboveground or inground pool of five hundred seventy-six (576) square feet or less shall be considered accessory an [sic] building and subject to the setback requirements of section 24.4.9. Any pool in excess of five hundred seventy-six (576) square feet shall be subject to requirements of section 24, schedule B, number 6, regarding minimum setbacks.

24.5  Coverage and bulk: The aggregate lot coverage of all buildings and other structures on any lot shall not exceed the percentage of the lot area as specified in schedule B, and the total floor area of all buildings and other structures on any lot, excluding basements, shall not exceed the percentage of the lot area as specified in schedule B, which coverage and floor area provisions are subject to the following exceptions and additional limitations:

24.5.1  Form of ownership: The requirements of paragraph 24.5 shall not be construed to prohibit condominium ownership of a building or buildings, the requirements of paragraph 24.5 shall not be construed to prohibit other ownership of a portion of a building and its related lot provided that a special permit therefor has been granted by the borough planning commission in accordance with section 32 and a subdivision map therefor has been approved by such commission in accordance with the standards of the subdivision regulations of the Borough of Naugatuck and recorded in the land records of the Borough of Naugatuck.

24.5.2  Business district #1: In business district #1 the limitations on total floor area shall not apply to floor area in or on a building or structure used for off-street parking or loading spaces.

24.6  Outside storage: Outside storage, which is hereby defined to be the outside storage or display of merchandise, supplies, machinery and other materials and/or the outside manufacture, processing or assembling of goods, but excluding areas for parking of registered motor vehicles in daily use, shall be limited as follows:

24.6.1  Business districts #1, #3 and #4: There shall be no outside storage areas in business districts #1, #3 and #4.

24.6.2  Business district #2: In business district #2, outside storage areas shall not extend into the area required for setback from a street line or residence district boundary line, or any other property line.

24.6.3  Industrial district #2: In industrial district #2, outside storage areas shall not extend into the area required for setback from a property line, street line, shall not exceed fifteen (15) percent of the lot area and shall be enclosed (except for necessary access drives) by buildings and/or by fences, walls, embankments or even evergreen shrubs or trees so as to screen the storage area from view from any other lot or from any street.

24.7  Site development and landscaping: On any lot that is to be used in business or industrial districts, site development and landscaping shall be established as follows:

24.7.1  Off-street parking and loading: All off-street parking and loading spaces shall conform to the standards of section 42.

24.7.2  Driveways: There shall be no more than two (2) driveways entering any lot from any one (1) street, except that there may be one (1) additional driveway for each additional three hundred (300) feet of lot frontage, or fraction thereof, in excess of three hundred (300) feet. Driveways shall not exceed thirty (30) feet in width at the street line unless a greater width is required by the State of Connecticut.

24.7.3  Business districts: In business districts no part of the area required for setback from a residence district boundary line shall be used for off-street parking or loading. A strip of land, not less than ten (10) feet in width in business district #1 and not less than twenty (20) feet is [in] width in business district #2 and business district #3, along and adjacent to any residence district boundary line shall be suitably landscaped with lawns and with trees and/or shrubs.

24.7.4  Industrial district #2: In industrial district #2 no part of the area required for setback from a residence district boundary line shall be used for off-street parking or loading spaces or driveways in connection therewith. No part of the area required for setback from a street line shall be used for off-street loading spaces and no more than fifty (50) percent of such area shall be used for driveways and/or off-street parking, the area required for setback from a street line shall be suitably landscaped with lawns, trees and/or shrubs, washed gravel or ornamental brick or stone pavement except for sidewalks and permitted driveways and off-street parking spaces. Along and adjacent to any residence district boundary line a strip of land not less than thirty (30) feet in width shall be left in its natural state if already wooded or shall be landscaped with lawns and/or shrubs.

24.8  Courts and windows: In addition to the setback requirements specified in paragraph 24.4, rooms used for human occupancy in a dwelling containing two (2) or more dwelling units shall have windows which open onto yards, setback areas, courts or other open spaces, except that windowless, interior kitchens and bathrooms shall be permitted. The least horizontal dimension of any court between opposing walls shall be not less than twice the average height of such opposing walls. In the case of a court formed by walls on three (3) sides and open on the fourth side, the distance between the open end and the opposite wall shall not exceed the distance between the other two (2) walls, unless such latter distance is greater than fifty (50) feet. On any lot, no window in one (1) dwelling unit shall face the window of another dwelling unit at a distance of less than twenty-five (25) feet. In any lot, no dwelling shall be nearer to another dwelling in another structure than the average height of such dwellings.

24.9  Accessways: In residential districts, no certificate of zoning compliance will be issued for the construction of a dwelling or building or the conversion of any existing accessory building used in connection therewith, unless the required minimum street frontage for the district involved, as set forth in schedule B shall be upon a public street, except that where a parcel of land is of sufficient area to afford division thereof into two (2) lots, of which [one] does not have the required minimum street frontage for the district involved on a public street, a certificate of zoning compliance may be issued for the lot not having the required minimum street frontage for the district involved on a public street, provided that all of the following requirements are met:

24.9.1 That the lot has access to a public street by means of an accessway serving only that lot not having the required minimum width for the district involved and such accessway is not less than thirty (30) feet in horizontal width.

24.9.2 The accessway has a travelway of not less than eighteen (18) feet in width and is constructed with a graveled base of at least eight (8) inches on rolled subgrade.

24.9.3 Such interior lot shall conform to one and one-half (1½) times the minimum lot area for the district involved, without including the area of such accessway. The accessway shall be that portion of the lot leading to the street, which has less than one-half the required street frontage for that district in which the lot is located.

24.9.4 No accessway shall be included in determining the minimum dimensions on the square for the district involved of such interior lot.

24.9.5 The minimum setback from any property line shall be equal to or greater than the minimum setback from the street for the district involved.

24.9.6 Accessways serving an interior lot shall be permitted as follows:

a.

In residence R-45, R-30 and R-15 districts provided that a subdivision or resubdivision therefor has been approved by the borough planning commission in accordance with the subdivision regulations of the Borough of Naugatuck and the endorsed map recorded in the land records of the Borough of Naugatuck.

b.

In residence R-8, RA-1 and RA-2 districts provided that a special permit therefor has been approved by the borough planning commission in accordance with the subdivision regulations of the Borough of Naugatuck and the endorsed map recorded in the land records of the Borough of Naugatuck.

c.

In residence R-45, R-30, R-15, R-8, RA-1 and RA-2 districts where the division of a tract or parcel of land does not constitute a subdivision or resubdivision, as defined in the general statutes of the State of Connecticut, provided that a special permit therefor has been granted by the borough planning commission in accordance with section 32.

24.9.7 Connection to public sanitary sewer and/or public water is required where an accessway, serving such interior lot, adjoins a street having such facilities.

24.9.8 Each such interior lot shall be restricted to single family residence and such interior lot shall not be further subdivided or resubdivided.

24.10 Buildable lot standards: Criteria for establishing buildable lot standards shall be subject to the following:

1.

Schedule B #1 and #1.1: In computing minimum lot area any combination of: ponds, marshes, wetlands and slopes in excess of thirty-percent gradient, shall not constitute more than twenty (20) percent of the minimum lot area, for the purpose of determining minimum lot size. However, in no case shall any ponds, marshes, or wetlands exceed ten (10) percent of the minimum lot size requirement.

2.

Schedule B #7: In computing maximum lot coverage for all zones, ponds, marshes, wetlands, waterbodies and slopes in excess of thirty-percent gradient (subsection 24.10[1] ), shall be excluded from the determination of lot coverage.

3.

See section 31.2.5, subdivisions.

SCHEDULE B

¹ See also Section[s] 24.9 and 24.10

² See also [Section] 24.10 #2

   *To be within RA-1; RA-2; RO-1 Zones

  **Not applicable when said line is also a street line

 ***See Section 32.12.1(f)(1) for Elderly Continuing Care Facility and/or Elderly Housing

****See Section 32.12.1(f)(2) for Elderly Continuing Care Facility and/or Elderly Housing

N/A=Not Applicable

 ;sd;Excluding all or any portion of any parking garages or decks as stories

;sd;;sd;For the purposes hereof, natural coverage shall include landscaping coverage

*Not applicable when said line is also a street line

¹ See also Section[s] 24.9 and 24.10

² See also [Section] 24.10 #2
N/A = Not Applicable