Within the TOD-ES-1 zone, a building, structure, or lot shall only be used for one or more of the following permitted uses, except as provided in Section 218-20 Special Exception Uses, Section 218-30 Accessory Uses, and Section 260 Nonconforming Uses and Nonconforming Buildings or Structures. For all listed uses, the site plan shall be submitted and reviewed pursuant to Section 280-60.

Within the TOD-ES-2 zone, a building, structure, or lot shall only be used for one or more of the following permitted uses, except as provided in Section 218-20 Special Exception Uses, Section 218-30 Accessory Uses, and Section 260 Nonconforming Uses and Nonconforming Buildings or Structures. For all listed uses, the site plan shall be submitted and reviewed pursuant to Section 280-60.

In the TOD-ES-1 zoning district, all of the special exception uses permissible in the underlying zoning districts are permissible, subject to approval by the Zoning Board of Appeals pursuant to Section 270-40, Special Exception Uses. In addition, the following uses are also permissible, subject to approval by the Zoning Board of Appeals. For all special exception uses, the site plan shall be submitted and reviewed, pursuant to Section 280-60.

In the TOD-ES-2 zoning district, all of the special exception uses permissible in the underlying zoning districts are permissible, subject to approval by the Zoning Board of Appeals pursuant to Section 270-40, Special Exception Uses. In addition, the following uses are also permissible, subject to approval by the Zoning Board of Appeals. For all special exception uses, the site plan shall be submitted and reviewed, pursuant to Section 280-60.

It is the intention that, within the TOD-ES-1 and TOD-ES-2 zoning districts, the development densities and building setbacks and building heights serve to create a comfortable, high-quality, moderate-to-high density mixed-use neighborhood that is supportive of pedestrian-oriented business development and transit use. To that end, no building or structure shall be erected, nor any lot used, unless in conformity with these dimensional regulations. [Approved 9-29-23, Item #36185-3]

Within the TOD-ES-1 and TOD-ES-2 zoning districts, the off-street parking requirements and exemptions are intended to help create a comfortable, high-quality, moderate density, residential and mixed-use neighborhood that is supportive of pedestrian-oriented business development and transit use. The base requirements for specified residential business uses in the TOD-ES-1 and TOD-ES-2 zoning districts are as follows, for all permitted and special exception uses not specified here, the parking requirement shall be as presented in Sections 240-20 and 240-30:

Within the TOD-ES-1 and TOD-ES-2 Zoning Districts, it is the intention that all new construction, substantial modification, rehabilitation or adaptive re-use of any building, etc. is accomplished in a manner that helps to create a comfortable, high-quality, moderate density, residential and mixed-use neighborhood that is supportive of pedestrian-oriented business development and transit use. To that end, to the extent possible:

Multi-family houses and apartment buildings.

Residential apartments over first story non-residential use.

College, vocational school.

Park, playground or recreational area operated by the municipality.

Public or semi-public building for civic, political, social or recreational purposes.

School, public elementary or high, or a private school having a curriculum equivalent to that ordinarily given in such a public school.

Public utility facility.

Bus passenger waiting shelter.

Passenger transportation terminal.

Bank, savings and loan association, excluding drive-through.

Bowling alley.

Office or office building: business, medical, professional, utility, semi-public, or government.

Personal service shop: barber shop, beauty parlor, pet shop, dry cleaner or laundry of not more than 4,000 sq. ft. including self-service establishment, and other similar services to the consumer, excluding drive through services.

Radio or television station and/or recording studio.

Restaurant, excluding drive-through.

Retail store not otherwise classified.

Shop for custom work, or for making articles to be sold only at retail on the premises.

Artist studio and gallery.

Theater, motion picture theater.

Wholesale salesroom or store.

Research laboratory.

Club—membership, non-profit.

Nursery school or licensed day care facility.

Mixed-use buildings consisting of a combination of residential apartments over any of these above permitted business uses on the first story use, subject to applicable building and fire safety code requirements.

Multi-family houses and apartment buildings.

College, vocational school.

Park, playground or recreational area operated by the municipality.

Public or semi-public building for civic, political, social or recreational purposes.

School, public elementary or high, or a private school having a curriculum equivalent to that ordinarily given in such a public school.

Public utility facility.

Bus passenger waiting shelter.

Church or similar place of worship, Sunday school, parish house, convent, monastery.

Public or private parking garage or off-street parking area.

Alcoholic liquor permit location in connection with a permitted use, or a special exception use.

Arena, assembly hall.

Commercial public recreation use not otherwise classified.

Home professional office. [Approved 9-29-23, Item #36185-3]

Church or similar place of worship.

Home professional office. [Approved 9-29-23, Item #36185-3]

Customary accessory uses, buildings or structures, permitted in the underlying zone, and customary accessory uses commonly found and incidental to the TOD-ES-1 and TOD-ES-2 permitted uses or approved special exception uses, exclusive of retail services and industrial uses otherwise prohibited.

Home occupations, as defined and limited under Section 30-20-310.

[DELETED 9-29-23, Item #36185-3]

Parking garage or off-street parking area, subject to applicable provisions of Sections 240 and 222-50-10.

Signs pursuant to applicable provisions of Section 250.

The dimensional regulations for single, two- and three-family dwellings in the TOD-EM-1, TOD-EM-2, TOD-ES-1, AND TOD-ES-2 zones are subject to the applicable provisions of Section 217-40. [Approved 9-29-23, Item #36185-3]

The dimensional regulations for multi-family, mixed-use and business development or the large scale rehabilitation and adaptive re-use of existing buildings in the TOD-EM-1, TOD-EM-2, TOD-ES-1, AND TOD-ES-2 zones are subject to the applicable provisions of Section 217-45. [Approved 9-29-23, Item #36185-3]

[Approved 9-29-23, Item #36185-3]

For residential and mixed-use properties with a total of fifteen (15) or more dwelling units, a 10% reduction of the total residential parking requirement may be taken if the property is within one-quarter (¼) mile of the CTfastrak station.

For residential and mixed-use properties with a total of fifteen (15) or more dwelling units, a 10% reduction of the total residential parking requirement may be taken if secure bicycle parking is provided within the building.

For mixed-use properties with a total of fifteen (15) or more dwelling units and 8,000 square feet or more of business use, an additional 10% reduction of the combined off-street parking requirement may be taken.

Parking facilities within a readily accessible area no more than 500 feet from the site may be used to satisfy the off-street parking requirements. Documents, satisfactory to the City Attorney, shall be submitted with applications for building permits to assure the adequacy of such additional or substitute parking facilities during the use of the premises and all successors. If the use of the premises is changed, enlarged or extended by a subsequent user, such subsequent user will provide off-street parking for its own use, in accordance with Section 217-50-10 and Section 217-50-20 of these regulations. [Approved 9-29-23, Item #36185-3]

All buildings, driveways and walkways and common areas shall be designed and oriented in a manner so as to facilitate connectivity within the neighborhood and to adjacent areas and the CTfastrak station.

Design Standards for Surface Parking.

The provisions and subsections under Section 218-60-20 relating to surface parking are applicable to all new buildings and developments constructed in the TOD-ES-1 and TOD-ES-2 districts. [Approved 9-29-23, Item #36185-3]

New development shall be of a scale which is compatible and complementary to existing development within and adjacent to the district.

The architectural style and materials of buildings shall be attractive, high quality and compatible and complementary to existing development within the district and surrounding area.

Yards, courtyards, parking areas and common areas shall be designed and landscaped in accordance with good professional standards.

Within these zoning districts, smaller parcels are encouraged to be combined to form large development parcels that can be more comprehensively planned in accordance with TOD principles. As an incentive, parcels combined to form development sites of one (1) acre or more shall be granted a 10% density bonus for residential units.

Street Facing Building Wall.

In order to create a vibrant urban environment that is attractive, appropriately scaled and pedestrian friendly, the following requirements in subsections under Section 218-60-70 apply to new buildings or developments constructed in the TOD-ES-1 and TOD-ES-2 districts: [Approved 9-29-23, Item #36185-3]

Façade Elements.

Architectural trim, elements, and details shall be incorporated into façade design which promotes aesthetic qualities while sustaining and enhancing the unique qualities of the TOD-ES-1 AND TOD-ES-2. [Approved 9-29-23, Item #36185-3]

Screening.

The provisions and subsections under Section 218-60-100 relating to screening are applicable to all new buildings and developments constructed in the TOD-ES-1 and TOD-ES-2 districts. [Approved 9-29-23, Item #36185-3]

Access management design will be required on all sites to limit and reduce the number of driveway cuts onto East Street, thereby limiting traffic congestion and safety hazards, such techniques may include shared driveways, interior service drives and cross easements for adjacent properties. [Approved 9-29-23, Item #36185-3]

Surface parking lots shall be located to the rear or to the side of principle buildings. Surface parking shall not be located between a building and a street. [Approved 9-29-23, Item #36185-3]

Parking lots visible from a street shall be continuously screened by a three-foot high wall, fence, or hedge. Parking lots adjacent to a residential use shall be continuously screened by a six-foot high wall, fence or hedge. [Approved 9-29-23, Item #36185-3]

In all off-street parking areas containing twenty-five (25) or more parking spaces, at least ten percent (10%) of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other material. [Approved 9-29-23, Item #36185-3]

Front Lot Line Coverage and Transparency.

All parcels having street frontage on East Street in the TOD-ES-1 and TOD-ES-2 districts shall have a minimum front lot line coverage of at least fifty percent (50%). Mixed use buildings containing ground floor retail and/or personal service uses shall have a minimum transparency of not less than seventy-five percent (75%) and the minimum transparency of the upper façade above the ground floor shall be not less than fifteen percent (15%). Glass shall be clear, non-reflective, and not painted or tinted. A horizontal façade division shall define the ground story façade from the upper stories. [Approved 9-29-23, Item #36185-3]

Building Setback.

Any new building or development constructed on East Main Street, Harvard Street, Florence Street and East Street in the TOD-EM-1 and TOD-EM-2 districts shall have a maximum setback of ten (10) feet from the front lot line. In the case of a corner lot that has frontage on two (2) intersecting streets, the building shall have a maximum setback of ten (10) feet from both lot lines fronting along the street. Notwithstanding this maximum setback restriction, buildings having front plazas or courtyards designed with landscaping, streetscape elements and pedestrian amenities to accommodate outdoor dining, pocket parks, sculptures or monument features may be set back up to a maximum twenty (20) feet from the front lot line for the entire building width or up to twenty-five (25) feet for fifty percent (50%) percent of the building width. [Approved 9-29-23, Item #36185-3]

Primary Façade Materials.

At least eighty percent (80%) of each façade shall be constructed of primary materials. Primary façade building materials, subject to City Staff approval, include: high-quality, durable, natural materials, such as stone, brick; wood lap siding; lapped, shingled or panel fiber cement board siding; glass. Other high quality materials may be approved by City Staff if upon review a determination is made that such materials are appropriate to the architectural style of the building and the surrounding context. [Approved 9-29-23, Item #36185-3]

Applicability.

The provisions and subsections under Section 217-60-90 relating to exterior façades are applicable to all new building façades exceeding one thousand (1,000) square feet in area or substantial renovation of façade areas exceeding one thousand (1,000) square feet. [Approved 9-29-23, Item #36185-3]

Mechanical equipment, including rooftop mechanicals, shall be screened from views along adjacent streets, sidewalks and internal walkways by architectural materials, walls, fencing or landscaping. [Approved 9-29-23, Item #36185-3]

Service and loading areas must be visually screened from streets and pedestrian ways and must be located to the side or rear of buildings. [Approved 9-29-23, Item #36185-3]

Fencing materials along public street rights-of-way shall be limited to tubular steel or wrought-iron-type milled steel pickets. Fencing along the side or rear yards or within a lot may be wood, steel pickets or any other approved fence type. Chain link fencing shall not be permitted. [Approved 9-29-23, Item #36185-3]