On a corner lot in any Residence District, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two (2) feet; and no vehicle, object or any other obstruction of a height in excess of two (2) feet shall be parked or placed: and no hedge, shrub or other growth shall be maintained at a height in excess of two (2) feet above curb level, except that trees whose branches are trimmed away to a height of at least ten (10) feet above the curb level shall be permitted. Such triangular area shall be determined by two (2) points, one (1) on each intersecting street line, each of which points is fifteen (15) feet from the intersection of such street lines.

A Swimming Pool shall not be located, constructed or maintained on any lot, except in conformity with the provisions of Chapter X, Section 46 of the ordinances of the Common Council of the City of New Britain, and in conformity with the following requirements:

Bonus for Reduced Lot Coverage of Off-Street Parking Areas in Residential Districts.

In all Districts. [Approved 3-28-08, Item #29947-2]

In Residential Districts.

[DELETED 12-18-24, Item #36627-3]

In Nonresidential Districts.

Outdoor dining space is permissible, as an accessory use to a permitted or special exception restaurant use subject to the following provisions: [Approved 2-23-06, Item #28901-2]

In any Residence District, notwithstanding the Lot Area, Lot Width, and Lot Coverage provisions of Sections 60 to 120 inclusive, a single family dwelling will be permitted on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this ordinance; provided that the combined width of the side yards be not less than 25 per cent of the lot width, and that the narrower side yard be not less than five (5) feet in width.

In any Business or Industrial District, notwithstanding the Lot Area, Lot Width, and Lot Coverage provisions of Section 130 to 210 inclusive, a use listed as a permitted use in a particular District will be permitted in the said District on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this ordinance; provided that, if side yards be required in said District, their combined width be not less than 25 per cent of the lot width, and that the narrower side yard be not less than five (5) feet in width.

Any lot to be improved by any kind of building or structure shall have a frontage on a public street. [Approved 6-28-86, Item # 17123-1]

In all Districts except the A-2, B-3, and CBD, the lot frontage at the street line shall not be less than 50 feet. [Approved 6-28-86, Item #17123-1; Approved 3-28-08, Item #29947-2]

[DELETED 3-28-08, Item #29947-2]

In all Districts in which public utility facilities are a permitted use, the Lot Area, Lot Width, and Lot Coverage requirements shall not be applicable: but, the site plan submitted in accordance with Section 280-60 hereof, shall meet, in addition to the requirements for improvements established by the City of New Britain the regulations and specifications of the Public Utilities Commission.

Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, belfry, clock tower, radio or public utility facility, tower, flagpole chimney flue, stack, vent, process structures, water tank, elevator or stair bulkhead, stage tower, scenery loft or similar structure.

No building or structure erected pursuant to Section 230-30-10 to a height in excess of the height limit for the District in which it is situated shall:

The space in a required front yard shall be open and unobstructed except for:

Except for approved and conforming driveway, parking and walkway surfaces, all front yard areas shall be seeded or planted with suitable vegetative ground cover, either grassed lawn or other standard accepted vegetative groundcovers that are evergreen or perennial plants. Stone, rock or mulch surfaces are permissible only as planting beds in which appropriate vegetative ground covers, bushes, trees and shrubs are planted in a manner so as to cover no less than seventy-five (75) percent of the total planting bed within two (2) years of planting. [Approved 6-22-23, Item #36105-3]

Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills and belt courses, and for ornamental features projecting not to exceed six (6) inches. Cornices and eaves shall not project more than 18 inches. A balcony, porch, terrace, or steps giving access to a first floor entry door shall not project into a required side yard.

Open or lattice enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than eight (8) feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Director of Licenses, Permits and Inspections when placed so as not to obstruct light and ventilation. [Approved 1-13-03, Item #27215-2]

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

In all Residence Districts, where 25 per cent of the block frontage within 200 feet of a proposed building is already improved with buildings, or 25 per cent of the opposite block frontage across the street, the front yard at the front of such proposed building shall be required to exceed the minimum dimension stipulated in this ordinance for the District in which it is situated, in cases where the average alignment of the two nearest buildings within such 2000 feet on the same side of the street if 25 per cent improved, or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment, provided however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed for the District in which such proposed building is situated. The provisions of this Section 230-40-60 shall not apply to the required side yard on the street side of a building on a corner lot.

In all Districts the least horizontal dimension of an INNER COURT at its lowest level shall be not less than the larger of the following two dimensions: [Approved 3-28-08, Item #29947-2]

In all Districts the least width of an OUTER COURT at its lowest level shall be not less than the largest of the following three dimensions: [Approved 3-28-08, Item #29947-2]

In all Districts the horizontal depth of an OUTER COURT shall not exceed one and one-half times its least width. [Approved 3-28-08, Item #29947-2]

In the layout of a development of garden apartments, townhouses, residential condominium or common interest ownership community or other multifamily houses on a lot or tract of land, a horizontal distance of not less than 20 feet or the height of the higher building, whichever is the greater, shall be maintained between all main buildings and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound having a ground coverage equal to that of a principal building except that where buildings contain two facing walls which do not contain dwelling unit windows, the minimum distance between such walls may be reduced to 15 feet. [Approved 10-26-88, Item #18505-1; Approved 2-23-06, Item 28900-2]

The above requirement of Section 230-60-10 need not exceed 30-feet when the top of one building is less than eight (8) feet above the level of the first floor of the other building. [Approved 10-26-88, Item #18505-1]

Minor accessory buildings shall meet the requirements of Section 230-10.

Notwithstanding the requirements of Section 230-60-10 and 230-60-20 above, in situations in which a development of garden apartments, townhouses, residential condominium or common interest ownership community, or other multi-family houses involves a layout in which two or more buildings are arranged along opposite sides of an access driveway, and in which one or more buildings contains garage units, sufficient spacing must be provided between the buildings to accommodate the parking and access requirements of Section 230-10-20.30. [Approved 10-26-88, Item #18505-1; Approved 2-23-06, Item #28900-2]

Bonus for Reduction of Maximum Permitted Lot Coverage. In any CBD District, the maximum permitted floor area ratio of 6.50 stipulated in Section 170-40-30, may be increased to 7.50 for any building that is provided with open space at ground level and extending the full height of the building along the street frontages of its lot, aggregating 20 per cent or more of the lot area.

The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighborhoods; to conserve established property values; and to contribute to the general welfare.

Every dwelling or building devoted in whole or in part to a residential use, which is hereinafter erected, shall provide a minimum floor area per family on furnished floors with clear ceiling height not less than 7-feet 6-inches, in conformity with the following schedule and with the other provision of this Section 230-90. The minima stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garages, cellar room or areas. [Approved 6-17-83, Item #15751-1; Approved 11-21-86, Item #17459-1]

[DELETED 6-17-83, Item #15751-1]

Over and above the requirements stipulated in the schedule contained in Section 230-90-20, an additional 100 square feet of floor area shall be provided on finished floors in any single family dwelling which does not have a basement with a minimum clear height of seven (7) feet, which basement is at least equal in area to 60 percent of the first floor enclosed area.

The following schedule of permitted fences and walls shall apply according to the District in which the site is located on the Zoning Map, whether such site be used for a permitted use or for a special exception use, except where the Zoning Board of Appeals may require additional conditions. [Approved 2-22-85, Item #16617-1; Approved 2-17-98, Item #23706-1; Approved 6-21-00, Item #24933-2; Approved 1-17-05, Item #28230-3; Approved 2-23-06, Item #28899-2; Approved 10-25-15, Item #33221-2 and Item #33221-3]

[Approved 2-19-17, Item # 33721-3; Approved 12-18-24, Item #36629-3; Amended 10-21-25, Item #36882-3]

The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such a retaining wall may be at least four (4) feet high, notwithstanding the provisions of the schedule contained in Section 230-100.10.

In all residential zoning districts and in the B-1R zoning district, galvanized silver chain-link fences shall be prohibited in the required front yard area, and also, in the case of corner or through-lots, prohibited along any property line adjoining a public street. Permissible types of fencing, in these locations, where allowed, include - dark green or black vinyl-clad chain link fencing, wrought iron or simulated wrought iron or wooden or vinyl picket fences, or other such fencing consistent in appearance to a residential neighborhood setting. [Approved 2-23-06, Item #28899-2]

In order to assure orderly and compatible relationships between Residence or Office and Public Buildings Districts and Business or Industrial Districts along their common boundary lines, the following requirements shall be met in the listed Districts along such boundaries.

All open storage uses of land shall be adequately screened by one of the types of screening listed in Section 230-110-10.20, except that the required height of such screening may be increased or decreased as found necessary in the site plan review procedure pursuant to Section 280-60.

Outside of industrial districts, mechanical equipment, including rooftop mechanicals, that are subject to a mechanical permit shall be screened from views along adjacent streets, sidewalks and internal walkways by architectural materials, walls, fencing or landscaping. [Approved 1-28-25, Item #36628-5; Amended 10-21-25, Item #36884-3]

In the B-1R and CBD-R districts, in cases where a parcel which is solely used for an office, business, or industrial use abuts a parcel solely used as a residential use, screening of one (1) of the following types shall be provided either on the property line or set back from the property line in such a manner as to effectively screen the use so that they shall not be observed by a person standing on the ground level in the adjacent residential parcel during any season of the year. [Approved 4-30-25, Item #36739-3]

In the I-2 and I-3 districts, mechanical equipment, including rooftop mechanicals, which are subject to a mechanical permit, shall be screened from any adjacent solely residential property so that they shall not be observed by a person standing on the ground level of the adjacent property during any season of the year. Screening may be provided for by architectural materials, walls, fencing or landscaping. [Approved 10-21-25, Item #36884-3]

A private swimming pool shall not be located in any front yard, nor in any required side or rear yard.

For a private swimming pool, adjacent to every side and rear lot line within the rear yard area, there shall be a protective evergreen planting strip not less than four (4) feet wide, situated within any required rear yard, designed and laid out with suitable plant material which will attain and shall be maintained at a height of not less than six (6) feet, so as to provide an effective natural screen along the side and rear lot lines.

A private swimming pool shall not be used after 10:30 p.m.

A swimming pool shall not project more than four (4) feet above the average level of the ground surface surrounding such pool, prior to any excavation or fill.

No loud speaker or amplifying device shall be permitted that will project sound beyond the bounds of the property or lot where any pool is located.

No lighting or spot lighting shall be permitted that will project light rays beyond the bounds of the property or lot where any pool is located.

Where individual dwelling unit balconies of a useable size are provided the minimum open space requirement for each such dwelling unit may be reduced 75% in the A-3 and OP districts and by 50% in A-1 and A-2 districts.

The roofed portion of a deck or other covered area may be included in the computation of open space for the purpose of fulfilling the minimum requirement in that district provided its design is consistent with the definition of Open Space (Sec. 30-20-551).

The minimum dimension of any area designated as Open Space and intended to satisfy the minimum Open Space requirement set out in the Dimensional Regulations for each zoning district shall be twenty-five (25) feet.

No parking areas or driveways shall be counted in computing the amount of Open Space provided for the purpose of meeting the minimum requirements.

In any A-1, A-2, A-3 or OP District the minimum required lot area per dwelling unit may be decreased by 10% where a minimum of 60% of the total required off-street parking spaces (based on the increased number of dwelling units permitted) are contained within the confines of a permitted residential building or so covered as to provide common deck areas on the roof.

The floor space devoted to enclosed off-street parking as permitted by this section shall not be included in the computation of the floor area ratio but all covered parking areas shall be included in the computation of permitted lot coverage.

Preamble, Enacting Clause and Short Title.

Every Site Plan submitted for a special exception or variance approval or certificate of location approval, must conform with applicable standards of the Department of Motor Vehicles plan requirements and must, as a minimum, be prepared on a current Class A-2/T-2 survey base. [Approved 4-18-17, Item #33769-3]

Said plan must show conforming parking as specified in Section 240-30, with all parking spaces designated for customers and employees having clear and unimpeded access and conforming back-up aisles, proper dimensions, etc. Customer parking spaces shall be separate from display spaces, safely and conveniently located near the office area and clearly marked with signage.

For motor vehicle sales operations, no more than one (1) sales vehicle space per 500 square feet of lot area shall be permitted and all sales vehicle display spaces shall be situated so as to be reasonably accessible without backing or maneuvering vehicles into the public street or onto the sidewalk. No display vehicle shall be located so as to interfere with sightlines for any driveway or intersection. [Approved 4-18-17, Item #33769-3]

Any wrecked or partially dismantled vehicles kept on site shall be fully screened and all rear and side yards abutting adjoining residential properties shall be screened.

No lighting which would result in glare or light spillover onto adjoining residential properties shall be employed.

All parking, display vehicles and vehicle storage shall be on a paved surface, or another prepared surface deemed acceptable by the City Engineer.

All sites shall have appropriate planting islands and landscaping in accord with good professional design practices, including, as a minimum, a four (4) foot planting strip along all lot lines, except for locations of active driveway curb cuts, to include appropriate low ground covers along street frontages and a mix of higher evergreen and deciduous shrubs and trees along the rear and side lot lines not bordering a public street.

All sites shall have appropriate drainage systems, conforming with applicable engineering standards, with any shop floor drains, vehicle wash facilities, etc. utilizing such features as oil and grease separators, washwater recycling systems etc., as may be directed by the City Engineer.

In situations in which there are multiple uses on a property, such as a fueling station with a convenience store and/or with a car wash or food service, with or without a drive-through lane, all uses on the site must be conforming and appropriately licensed and permitted, meeting required off-street parking standards and laid out so as to accommodate safe and convenient access and use of the various business components on the site. [Approved 4-18-17, Item #33769-3]

Professional Offices that change the physical form of the historically significant building they occupy or that adversely affect the surrounding neighborhood are prohibited. Professional offices in historically significant buildings may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood. Professional offices must be operated so as not to create or cause a nuisance. [Approved 3-16-23, Item #36000-3]

External structural alterations or site improvements that change the physical residential form of the lot upon which a historically significant building is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting, and the addition of a separate building entrance that is visible from abutting streets. [Approved 3-16-23, Item #36000-3]

The elimination of a lot line for the purpose of using the merged parcel as an accessory use is prohibited. An example of such prohibited actions includes eliminating a lot line for the purpose of creating an accessory private parking garage or off-street parking area. [Approved 3-16-23, Item #36000-3]

No food truck shall be permitted without the submittal of a zoning permit.

Food truck shall be equipped with a publicly-accessible trash container, not smaller than four (4) feet tall be two (2) feet wide by one (1) foot deep, affixed to it for disposing trash, litter, garbage, refuse and other waste connected with the food truck operation. [Approved 5-29-24, Item #36376-3]

No food truck vendor shall leave any location without first picking up and removing all trash and refuse from vending sales. No refuse or litter is to be deposited in public waste receptacles. Each vendor must collect and remove all refuse and litter from its location at the end of its business each day. [Approved 5-29-24, Item #36376-3]

No licensed vendor shall leave any stand unattended during hours engaged in sales, nor shall any food truck be left on the sidewalk overnight. Food trucks must vacate the site during non-business hours. Vendors shall not engage in vending sales between the hours of 11:00 p.m. and 5:00 a.m. on any day of the week. [Approved 5-29-24, Item #36376-3]

Food truck vendors shall remove all grease, water, food or food scraps, cooking wastes and litter from each of the operational areas at least daily and dispose of them as provided by the city pursuant to Chapter 11 of New Britain Code of Ordinances. No licensed vendor selling food products shall empty grease, food product, or gray water into any catch basins or onto any streets or sidewalks in the public right-of-way. [Approved 5-29-24, Item #36376-3]

No food truck shall be located within twenty (20) feet of any intersection to assure clear and unobstructed vision for pedestrians and vehicles at corners. No food truck shall be located within twenty (20) feet of any fire hydrant. [Approved 5-29-24, Item #36376-3]

No food truck shall provide or allow any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters, unless public restrooms are provided. [Approved 5-29-24, Item #36376-3]

No food truck shall be located within five hundred (500) feet of a restaurant. [Approved 5-29-24, Item #36376-3]

Food trucks shall be parked on a paved surface, not within the required setbacks for the district in which the food truck is located. [Approved 5-29-24, Item #36376-3]

Each food truck vendor shall obtain and maintain insurance and a valid health permit as required by the city and set forth by regulation. Each licensed vendor shall be required to keep a copy of their current insurance certificate and health permit on their premises, and produce them for inspection upon request. [Approved 5-29-24, Item #36376-3]

Must be accessory and subordinate to the principle residential use of the property. [Approved 5-29-24, Item #36440-3]

No clients, customers, patients, or students are allowed in conjunction with a home occupation. [Approved 5-29-24, Item #36440-3]

Only residents of the dwelling in which the home occupation is located may be engaged in the home occupation use. No nonresident owners, employees or contractors may be present on the property. [Approved 5-29-24, Item #36440-3]

Home occupations that change the physical form of the residential building they occupy or that adversely affect the surrounding neighborhood are prohibited. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood. Home occupations must be operated so as not to create or cause a nuisance. [Approved 5-29-24, Item #36440-3]

External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting, the addition of a separate building entrance that is visible from abutting streets or the exterior display of signs. [Approved 5-29-24, Item #36440-3]

No display of any material or merchandise is allowed in conjunction with a home occupation. [Approved 5-29-24, Item #36440-3]

The use or storage of hazardous substances is prohibited. [Approved 5-29-24, Item #36440-3]

Home occupations and all related activities must be conducted entirely within the principal residential building or an allowed accessory building. [Approved 5-29-24, Item #36440-3]

Deliveries or pickups of supplies or products associated with a home occupation are allowed only between 8:00 a.m. and 6:00 p.m. Vehicles used for delivery and pickup are limited to those normally serving residential neighborhoods. [Approved 5-29-24, Item #36440-3]

The following uses are not permitted for home occupations; no work of any kind shall be performed on automobiles and equipment with internal combustion engines or of large appliances; dispatch centers or other businesses where employees come to the site and are dispatched to other locations; equipment or supply rental business; taxi, limo, van or bus services; tow truck services; restaurants; funeral or interment services; animal care, shelter or boarding establishments; commercial food preparation; home-based daycare for more than six (6) children; any use involving the storage of vehicles, products, parts, machinery, or similar materials or equipment outside of a completely enclosed building; and any home-based work activity that does not comply with the applicable requirements established in Section 270-40-40.270. [Approved 5-29-24, Item #36440-3]

Purpose. This section is intended to regulate the conditions and operations of excavating, grading, filling and removal of earth, sand, stone, gravel, soil, minerals, loam, fill, clay, peat, and any other earth products. Furthermore, this section is intended to conserve and reserve water storage areas, and to assure that erosion and sedimentation are minimized; water pollution is prevented; hazards inherent to open pits and steep slopes of loose earth are prevented; nuisances such as excess or uncommon traffic, noise, odor, dust are minimized; visual blight is controlled, and the productive usage of land is maintained. [Approved 11-20-24, Item #36583-3]

Applicability. Within the City of New Britain, there shall be no grading of any lot by any means except as herein provided. [Approved 11-20-24, Item #36583-3]

Exemptions. Exemptions under this section shall not relieve the owner or excavator of the responsibility to conduct the operations in the following manner:

A.

No interruption of natural/existing drainage unless approved by the City Engineer;

B.

Shall not adversely affect neighboring properties;

C.

Soil erosion and sedimentation controls consistent with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control (as may be amended) shall be implemented and maintained at all times until the site is fully stabilized in order to minimize the environmental impacts; and

D.

No creation of any condition hazardous to life or limb of any member of the public who may have access to the property or to the health, safety or welfare of the City. [Approved 11-20-24, Item #36583-3]

General Standards. [Approved 11-20-24, Item #36583-3]

Drainage. [Approved 11-20-24, Item #36583-3]

Grades. [Approved 11-20-24, Item #36583-3]

Disturbances/Stones/Stumps/Debris. [Approved 11-20-24, Item #36583-3]

Trucking Operations. [Approved 11-20-24, Item #36583-3]

Application Requirements. In addition to the application requirements for zoning permits, an application for excavation and/or land filling shall include the following: [Approved 11-20-24, Item #36583-3]

Review Standards. The standards that the Zoning Enforcement Officer and/or the City Plan Commission shall follow in considering and reviewing the application are as follows: [Approved 11-20-24, Item #36583-3]

Conditions of Approval. As part of approving an application for grading/filling the City Plan Commission or Zoning Enforcement Officer may condition the approval. Conditions of approval include, but are not limited to, the following: [Approved 11-20-24, Item #36583-3]

Financial Guaranty. No grading or processing activity shall be conducted until the applicant has posted with the City a financial guaranty, acceptable to the City Engineer in form, amount, and surety, securing to the City of New Britain the faithful performance of the work proposed, pursuant to both the provisions of this or other applicable sections of these regulations and to the specific conditions of approval. [Approved 11-20-24, Item #36583-3]

Administration and Enforcement. The City Engineer and/or Zoning Enforcement Officer is hereby designated as the officer whose duty it shall be to enforce the provisions of this section of these regulations. The City Engineer and/or Zoning Enforcement Officer shall upon their initiative and whenever directed by the City Plan Commission inspect the premises for which permits have been granted to insure compliance with the conditions of approval and of these regulations. They shall immediately report all violations to the Corporation Counsel and take such action as may be necessary in the circumstances. [Approved 11-20-24, Item #36583-3]

No smoke shop or tobacco store shall be located within a three thousand-[foot] radius of any other such store or any cannabis dispensary, cannabis retailer and/or hybrid retailer, or one hundred-[foot] distance along the same street front from a residential district, a public or private elementary or high school, or a religious institution. [Approved 12-18-24, Item #36632-3]

All dumpsters, greater than or equal to two (2) cubic yards, shall be screened from view of any public street and adjacent properties by means of location relative to the main building and/or by other such means including evergreen plantings a minimum of six (6) feet in height and spaced so as to provide complete visual screening immediately; masonry walls a minimum of six (6) feet in height or any other structure or fence which is opaque, structurally able to withstand the use, and aesthetically compatible in design with the building and surrounding district. [Approved 1-28-25, Item #36628-5]

Dumpsters shall not be permitted in any required front yard or within five (5) feet of any other side or rear property line. [Approved 1-28-25, Item #36628-5]

Dumpster areas shall be kept clear of debris and shall not create offensive noises or odors or attract pests. [Approved 1-28-25, Item #36628-5]

Outdoor storage areas shall be kept clear of debris and shall not create offensive noises or odors or attract pests. [Approved 1-28-25, Item #36628-5]

Overall circulation. On-site circulation shall be configured to function effectively to: [Approved 3-19-25, Item #36710-3]

The drive-through facility shall not be located near other uses where the location of such a facility would be detrimental to pedestrian convenience or safety. [Approved 3-19-25, Item #36710-3]

Where no street separates the drive-through use and a residentially zoned or residentially used property, screening of one (1) of the following types shall be provided either on the property line or set back from the property line in such a manner as to effectively screen the use so that it shall not be observed by a person standing on the ground level in the adjacent residentially zoned or residentially used property during any season of the year. [Approved 3-19-25, Item #36710-3]

Any speaker systems associated with a drive-through facility shall be designed and located so as not to be audible beyond the lot or building site on which the drive-though is located. [Approved 3-19-25, Item #36710-3]

The minimum length of each queuing space shall be twenty-two (22) feet long. [Approved 3-19-25, Item #36710-3]

The minimum amount of queuing spaces (measured from the queuing lane entrance to the first order board or service window) shall be: [Approved 3-19-25, Item #36710-3]

A traffic impact study describing peak hours of operations, volume of customers per hour, stacking lane length needed for the anticipated volume of drive-through vehicles, turning movements, roadway capacity and level of service of nearby streets, may be required by the Zoning Enforcement Officer or City Engineer. [Approved 3-19-25, Item #36710-3]

Accessory buildings, including garages, if detached from a main building or if connected only by a breezeway-type structure, shall be placed at least 10 feet from the main building, except as provided in Section 230-60 for group building developments.

A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear, and side yard regulations of this ordinance.

Accessory buildings, including private garages, shall not be placed within a required front yard, nor within a required side yard.

An access driveway may be located within a required yard.

Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage, or any other use.

The storage of manure or odor or dust producing substances as accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.

Accessory off-street parking areas shall not be placed within a required front yard, nor within a required side yard in A-1, A-2, and A-3 districts.

In any A-1, A-2, A-3 or OP District the paved area for parking or driveways shall not be located closer than 5 feet from the base of any residential building or property line except for points of access.

In any multi-family, garden apartment or townhouse development or any residential condominium or common interest ownership community in which individual garages are provided in the same building, beneath or alongside dwelling units, each garage space shall have a full 18-feet parking space provided in front of the garage, exclusive of the required 24-ft. backing space and driveway aisle. [Approved 10-26-88, Item #18505-1; Approved 2-23-06, Item #28900-2]

In the B-1, B-2, TP, TPC, I-2 and I-3 Districts, accessory off-street parking areas may be placed within required front, side or rear yards. [Approved 1-27-07; Item #29357-2]

In the I-1 District, an accessory off-street parking area shall not be placed within a required front yard, but it may be placed within a required side or rear yard.

In the RO, OP, B-1R and B-3 Districts, an accessory off-street parking area shall not be placed within a required front yard, but it may be placed within a required rear yard or side yard with approved screening pursuant to Section 280-60. [Approved 2-21-86, Item #17164-1; Approved 2-23-06, Item #28899-2]

In the CBD District, an accessory off-street parking area may be placed only in side and rear yards where they are provided.

Outdoor dining space shall not be located in any required rear, side or transitional yard that abuts a residential zoning district. Outside dining space may be allowed as a ground level patio, or a deck or terrace, provided such deck or terrace conforms to applicable zoning, building and fire code restrictions. [Approved 2-23-06, Item #28901-2]

All tables and seating in an outdoor dining space shall be movable and not fixed in place. No tables or seating shall be arranged or situated so as to interfere with required access or egress to or from the building. Outside dining space shall be unenclosed and open to the sides, except for conforming fencing or required guard rails. If outside dining space is to be covered by any type of permanent or semi-permanent roofing, awning, overhang or similar covering, said covering shall conform to applicable building, zoning and fire codes. [Approved 2-23-06, Item #28901-2]

No outdoor dining area shall be allowed which encroaches onto the City sidewalk right-of-way, unless specifically permitted by the Bureau of Public Works. [Approved 2-23-06, Item #28901-2]

In order to ensure compliance with zoning and other applicable ordinances and standards, if the creation of outdoor dining space involves any permanent construction or substantial structural modification, the Director of Licenses, Permits and Inspections shall require that a plot plan prepared in accordance with Section 280-60 be submitted for review and approval, in order to ensure compliance with zoning and other applicable ordinances and standards; and that all applicable permits and approvals be obtained. [Approved 2-23-06, Item #28901-2]

Have a lot coverage in excess of 20 per cent of the lot area.

Be used for residence or tenancy purposes.

A balcony, porch, or terrace, projecting not more than eight (8) feet. [Approved 10-3-24, Item #36537-3]

Steps giving access to a porch or first floor entry door.

Other projections specifically authorized in Sections 230-40-30 and 230-40-40.

One-third of the maximum height above such lowest level of the building wall erected on the same lot and bounding such court.

Fifteen (15) feet.

One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.

Two-thirds of the horizontal depth of such court.

Fifteen (15) feet.

In all residential zoning districts and in the B-1R zoning district, fences located in the required front yard, or located in the required side yard of a corner lot along the street, shall not be greater than fifty (50) percent opacity. [Approved 12-18-24, Item #36629-3]

In historic districts, excluding historic properties located within the CBD district, galvanized silver chain-link fences are prohibited. Dark green and black vinyl-clad chain link fencing shall be prohibited in the required front yard area. Dark green and black vinyl-clad chain link fencing shall not be parallel to the street, unless along the rear property line. [Approved 12-18-24, Item #36629-3; Amended 10-21-25, Item #36882-3]

For properties located within the CBD district, regardless of historic status, galvanized silver chain-link fences shall be prohibited. Dark green and black vinyl-clad chain link fencing shall be prohibited within ten (10) feet of a property line adjoining a public street, in addition dark green or black vinyl-clad chain link fencing shall not be parallel to the street, unless along the rear property line. [Approved 10-21-25, Item #36882-3]

For corner properties, in residential and B-1R districts, the maximum height in the required side yard abutting a street is four (4) feet. [Approved 10-21-25, Item #36882-3]

Transitional yards shall be required in the following districts where lots or parcels abut a residential zone. The transitional yards shall not be required along city streets.

• In the B-1, B-3, B-1R, I-2 and OP districts twenty-five (25) feet. [Approved 3-28-08, Item #29947-2; Approved 5-29-24, Item #36439-3]

• In the B-2, I-1 and I-3 districts fifty (50) feet.

Screening of one of the following types shall be provided either on the property line or set back from the property line in such a manner as effectively to screen uses on the property and on adjoining properties so that they shall not be observed by a person standing on the ground level in the adjacent Residence or Office and Public Buildings Districts during any season of the year, including where appropriate the coordination of screening plans on two or more properties. In approving the site plan for such properties pursuant to the provisions of Section 280-60, appropriate allowances may be made for retaining walls or natural changes in grade where such conditions will serve in part to provide adequate screening.

In all cases where a A-1, A-2 and A-3 district abuts a S-1, S-2 or S-3 district, screening of one of the following types shall be provided. In approving the site plan for such properties pursuant to the provision of Section 280-60 appropriate allowances may be made for retaining walls or natural changes in grade where such conditions will serve in part to provide adequate screening.

A six-foot high solid wall. [Approved 4-30-25, Item #36739-3]

A six-foot high stockade fence on metal fence posts fixed in concrete footings, with the finished surface of the fencing facing the residential use. [Approved 4-30-25, Item #36739-3]

A six-foot high evergreen planting. [Approved 4-30-25, Item #36739-3]

These Regulations are designed to further the purposes set forth in Public Act 83-388 entitled "An Act Concerning Soil Erosion and Sediment Control" as it may apply to activities subject to Section B-2 of the General Statutes of the State of Connecticut; to strengthen and extend the soil erosion and sediment control activity in the Town and to reduce the danger from storm water runoff, minimize sediment pollution from land being developed and to conserve and protect the land, water, air and other environmental resources of the Town.

The Zoning Commission, acting under authority of Public Act 83-388 of the General Statutes of the State of Connecticut, hereby adopts and enacts these Regulations as the "Soil Erosion and Sediment Control Regulations for Land Development of the City of New Britain, Connecticut."

All references to the Connecticut General Statutes refer to the Revision of 1958, as amended.

No land development which is cumulatively more than one-half acre in area may be undertaken in any district unless certification therefor in compliance with the provisions of these Regulations has first been obtained from the Commission or its appointed agent.

For the purpose of these Regulations, the words and terms hereinafter listed are hereby defined as follows:

CERTIFICATION. A signed, written approval by the Commission that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.

CITY. The City of New Britain, County of Hartford, Connecticut.

COMMISSION. The City Plan Commission of the City of New Britain, Connecticut.

COUNTY SOIL AND WATER CONSERVATION DISTRICT. The Hartford County Soil and Water Conservation District established under subsection (a) of Section 221-315 of the General Statutes of the State of Connecticut.

DEVELOPMENT. In connection with a soil erosion and sediment control plan any construction of grading activities to improved or unimproved real estate.

DISTURBED AREA. An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

EROSION. The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GRADING. Any excavating, grubbing, filling (including hydraulic fill) or stock-piling of earth materials or any combination thereof, including the land in its excavated or filled condition.

INSPECTION. The periodic review of sediment and erosion control measures shown on the certified plan.

SEDIMENT. Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin of erosion.

SOIL. Any unconsolidated mineral or organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN. A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and a narrative.

A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area or such development is cumulatively more than one-half acre.

A single family dwelling that is not part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.

To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from storm water runoff on the proposed site based on the best available technology. For methods and practices necessary for certification refer to the "Connecticut Guidelines for Soil Erosion and Sediment Control (1985)", as amended, published by the Connecticut Council on Soil and Water Conservation. Alternative principles, methods and practices may be used with prior approval of the Commission.

Said plan shall contain, but not be limited to:

A.

A narrative describing:

1.

the development;

2.

the schedule for grading and construction activities including:

a.

start and completion dates;

b.

sequence of grading and construction activities;

c.

sequence for installation and/or application of soil erosion and sedimentation control measures;

d.

sequence for final stabilization of the project site.

3.

the design criteria for proposed soil erosion and sediment control measures and storm water management facilities.

4.

the construction details for proposed soil erosion and sediment control measures and storm water management facilities;

5.

the installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities;

6.

the operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities.

B.

A site plan at a scale of at least one inch equals forty feet on sheets of either 18" x 24" or 24" x 36" in size prepared by a land surveyor licensed to practice in the State of Connecticut to show:

1.

the location of the proposed development and adjacent properties;

2.

the existing and proposed topography including soil types, wetlands, water courses and water bodies;

3.

the proposed area alterations including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines;

4.

the existing structures on the project site, if any;

5.

the location and details for all proposed soil erosion and sediment control measures and storm water management facilities;

6.

the sequence of grading and construction activities;

7.

the sequence and installation and/or application of soil erosion and sediment control measures;

8.

the sequence for final stabilization of the development site.

C.

Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.

Plans for soil erosion and sediment control shall be developed in accordance with these Regulations using the principles as outlined in Chapters 3 and 4 of the "Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended." Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction; is stabilized and protected from erosion when completed; and does not cause offsite erosion and/or sedimentation.

The minimum standards for individual measures are those in the "Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended". The Commission or its appointed agent may grant exceptions when requested by the applicant if technically sound reasons are presented.

The appropriate method from Chapter 9 of the "Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended", shall be used in determining the peak flow rates and volumes of runoff unless an alternate method is approved by the Commission.

The Commission or its authorized agent shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of these Regulations or shall deny certification when the development proposal does not comply with these Regulations.

Nothing in these Regulations shall be construed as extending the time limits for the approval of any application under Chapters 124 or 126 of the General Statutes of the State of Connecticut.

Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District which may make recommendations concerning such plans, provided such review shall be completed within thirty days of the receipt of such plan.

The Commission may forward a copy of the development proposal to the Engineering Department or other agencies and/or advisors for review and comment.

The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, shall be covered by a completion bond or other assurance acceptable to the Commission. A cost breakdown forming the basis of the amount of bond to be posted shall be prepared by and submitted to the Commission by the applicant with the application for a soil erosion and sediment control development proposal.

Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional and a completion bond therefor has been posted in a form and in an amount acceptable and approved by the Commission.

Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.

All control measures and facilities shall be maintained in effective condition to ensure the compliance with the certified plan.

Inspections shall be made by the Commission or its designated agent during the development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.

Upon completion of all work specified in the certified plan the applicant shall notify the Commission thereof and submit a report, including maps as necessary, certifying that the soil erosion and sediment control measures have been completed as approved or may have been modified with the prior approval by the Commission. Upon receipt of the report and inspection of the site by the Commission or its designated agent. The Commission may release any bond posted upon the finding that the provisions of the certified plan have been complied with.

Notwithstanding the requirements of Section 240, Off-Street Parking and Loading Requirements, the minimum off-street parking requirements for businesses in the UI zoning district shall be calculated at a ratio of 1 parking space for each 500 square feet of gross floor area.

In the UI zoning district accessory off-street parking and truck loading spaces shall not be located in any front yard or, in the case of corner or through lots, in any side or rear yard which abuts a public street. Off-street parking or loading areas may be located in any other side or rear yard, including required yard areas, subject to the landscaping and screening requirements of Section 250-150-20 and the buffer zone requirements of Section 250-150-30.

A minimum five (5) foot planting strip shall be provided and maintained between all driveways, off-street parking or loading areas and any adjoining property line.

Every property developed in the UI zoning district shall be suitably landscaped in accordance with a plan prepared by a qualified landscape professional. All portions of such properties not otherwise used for buildings, structures, driveways, parking or loading areas, walkways or similar improvements shall be landscaped and maintained with trees, shrubs, grass and groundcovers and other such landscape materials planted and maintained in a manner appropriate to a high quality industrial park setting. All landscape planting shall be healthy, nursery-grown specimens, installed and maintained in accordance with accepted landscaping standards.

As a minimum, all yard areas fronting on public streets shall be landscaped in accordance with the following general standards:

• Shade trees: minimum of 1 (one) tree per 50 linear feet of street frontage; minimum size at planting - 3 to 3-1/2 inch caliper;

• Shrubs and ornamental trees: appropriate varieties of evergreen and/or deciduous shrubs and ornamental trees planted in a manner so as to enhance the appearance of the building and property; and,

• Groundcover: the preferred groundcover shall be grass, except for areas that are covered by access walkways or mulched planting beds. In locations where slope, shade or other circumstances dictate, other groundcovers such as pachysandra, myrtle, daylilies, hosta, etc. may be utilized.

Parking areas shall be landscaped, to the following minimum standard:

• Landscaped end islands shall be provided at the ends of all parking rows; minimum dimensions shall be 18 feet by 9 feet; plantings shall include one (1) shade tree (3 to 3-1/2 inch caliper) and shrubs of suitable variety and size;

• Planting strips located between parking rows and adjoining property lines shall be planted with a minimum of one (1) shade tree per every six (6) parking spaces and a mix of evergreen and deciduous shrubs of suitable size and variety planted at a spacing appropriate to the species; and

• Screening shall be provided for all parking areas visible from any public street; suitable methods of screening include evergreen or mixed plantings a minimum of four (4) feet in height, spaced so as to form a complete visual screen within three (3) growing seasons, earthen berms a minimum of four (4) feet in height and covered in suitable planting materials; masonry walls four (4) feet in height or any suitable combination of such.

All loading areas, dumpster and recycling areas shall be screened from view of any public street by means of location relative to the main building and/or by other such means including evergreen plantings a minimum of six (6) feet in height and spaced so as to provide complete visual screening immediately; masonry walls a minimum of six (6) feet in height or any other structure or fence which is opaque, structurally able to withstand the use, and aesthetically compatible in design with the building and surrounding district.

A minimum of 40 foot buffer zone shall be provided along all property lines, including street frontages, where the UI zone abuts any residential zoning district. Such buffer area may be inclusive of any required yard area, provided that the entire 40 foot buffer zone shall be suitably planted and maintained, and shall not be used for parking, storage of materials or in any manner other than as green space. Such buffer zone shall be planted with appropriate trees and shrubs so that the field of view between the residential district and the industrial property shall be obscured visually within five (5) years' time, to such an extent that activity on the industrial property is not immediately apparent.

In addition to required plantings, all District buffer zones shall also have fencing eight (8) feet in height and conforming to the standards of 230-150-30.30. Where the buffer zone abuts a residential property, such fencing shall be at the property line. Where the buffer zone abuts a public street, the fencing shall be set back 10 feet from the street line, to allow the planting of trees between the public sidewalk and the fence.

All fencing in the UI district shall be designed or chosen so as to be attractive and consistent with the character of the district. As a minimum, chain link fencing shall be to City Standard Specification, with top and bottom rails (in lieu of tension wire) and with dark (black or green) polyvinyl chloride coating on all surfaces. Also acceptable are walls of brick, stone or masonry construction or wrought iron or other metal fencing, such as extruded tubular aluminum picket fencing, finished with a dark (black or green) acrylic coating.

Within the UI district, no fencing shall be permitted in any required yard area which faces a public street, except for buffer zone fencing, as required pursuant to Section 230-150-30.20. Fencing conforming to the standards of Sections 230-150-30.30 and 230-100-10 is permitted along interior side and rear lot fines between abutting UI-zoned properties.

The scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roofline, and building elevations shall be of such character as to harmonize and be compatible with other buildings in the district and adjacent areas to preserve and improve the appearance of the general area.

Building materials in each section of the development shall be consistent so as to maintain a unifying visual effect. Roof materials, window sizes and general styles should be compatible within the entire district.

All roof-mounted structures and equipment shall be integrated into the architectural design of the buildings so as to be concealed and inconspicuous.

The intent of this section is to allow shopping complexes serving a local and regional population in an integrated, comprehensively planned and professionally designed complex.

The site for any planned retail shopping complex shall be a contiguous property not less than two (2) acres in area or a two acre or larger piece of a larger TPC zoned property.

The site for any planned retail shopping complex shall be located on an arterial or collector street not less than 3,000 feet in driving distance from a limited access highway interchange.

In the TPC zoning district accessory off-street parking may be located in any front, rear or side yard. A minimum five (5) foot planting strip shall be provided and maintained between all driveways, off-street parking areas and along all adjoining property lines.

All driveways, parking areas, drive-through lanes, etc. shall be designed so as to provide a safe and efficient parking layout, with due consideration for both vehicular and pedestrian safety and encouraging integrated and shared use of driveway access and parking spaces among the individual businesses in the complex.

Every property developed in the TPC zoning district shall be suitably landscaped in accordance with a plan prepared by a qualified landscape professional. All portions of such properties not otherwise used for buildings, structures, driveways, parking or loading areas, walkways or similar improvements shall be landscaped and maintained with trees, shrubs, grass and groundcovers and other such landscape materials planted and maintained in a manner appropriate to a high quality industrial park setting. All landscape planting shall be healthy, nursery-grown specimens, installed and maintained in accordance with accepted landscaping standards.

All permitted operations and related storage shall be conducted entirely within a building, except that appropriately screened truck loading docks are permissible, provided that they are not located within 100 feet of any public street.

The scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roofline, and building elevations shall be of such character as to harmonize and be compatible with other buildings in the complex and adjacent areas to preserve and improve the appearance of the general area.

Building materials in each section of the development shall be consistent so as to maintain a unifying visual effect. Roof materials, window sizes and general styles should be compatible within the entire district.

All roof-mounted structures and equipment shall be integrated into the architectural design of the buildings so as to be concealed and inconspicuous.

Applications for the zoning permit shall include the submission of a site plan. Said plan shall show parking arrangement, seating arrangement, and restroom location. [Approved 5-29-24, Item #36376-3]

Any excavation and/or land filling with less than twenty-five (25) cubic yards of earthen material. [Approved 11-20-24, Item #36583-3]

Excavation and/or land filling operations within the legal highway rights-of-way held by either the State of Connecticut or the City of New Britain. [Approved 11-20-24, Item #36583-3]

Any excavation and/or land filling operations necessary for an approved subdivision/resubdivision, special exception use or site plan. [Approved 11-20-24, Item #36583-3]

Plowing, spading, cultivating, harrowing or dicing of soil or any operation usually and ordinarily associated with the tilling of the soil for agricultural or horticultural purposes. [Approved 11-20-24, Item #36583-3]

Any operation for the purpose of soil and water conservation as defined or prescribed by the Soil Conservation Service of the United States Department of Agriculture. [Approved 11-20-24, Item #36583-3]

Excavation and/or land filling operations for any construction project that is in conjunction with a building permit. [Approved 11-20-24, Item #36583-3]

Any environmental remediation work involving excavation and/or land filling required and monitored by the State of Connecticut Department of Energy and Environmental Protection. [Approved 11-20-24, Item #36583-3]

In addition to all standards listed herein, all excavation and/or land filling shall comply with the City of New Britain Engineering Standards. In cases of conflict, the City of New Britain Engineering Standards shall supersede any conflicting requirements in the Code of Ordinances and Zoning Ordinances. [Approved 11-20-24, Item #36583-3]

Excavation and/or land filling shall not adversely affect neighboring properties. [Approved 11-20-24, Item #36583-3]

Any excavation and/or land filling on any lot with between twenty-five (25) cubic yards of earthen material and fifty (50) cubic yards of earthen material requires a zoning permit. [Approved 11-20-24, Item #36583-3]

Any excavation and/or land filling on any lot of more than fifty (50) cubic yards of earthen material requires a zoning permit with City Plan Commission approval. [Approved 11-20-24, Item #36583-3]

The entire excavation and/or land filling and grading project carried out and authorized in accordance with the provisions of these regulations shall be conducted and completed in such a manner as to not create any hazardous condition. [Approved 11-20-24, Item #36583-3]

Earthen slopes shall contain a suitable ground cover of grass, ivy, creeping varieties of shrubs or similar treatment. [Approved 11-20-24, Item #36583-3]

The applicant shall provide for proper drainage of the area during the operation to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties. [Approved 11-20-24, Item #36583-3]

The final restoration plan shall provide for proper drainage upon completion of the operation. [Approved 11-20-24, Item #36583-3]

No interruption of natural/existing drainage unless approved by the City Engineer. [Approved 11-20-24, Item #36583-3]

No bank shall exceed a slope of 2:1 (horizontal vertical). [Approved 11-20-24, Item #36583-3]

Disturbance within the preservable section of the area shall be minimized to avoid erosion and loss of vegetation. [Approved 11-20-24, Item #36583-3]

All debris shall be removed from the property. [Approved 11-20-24, Item #36583-3]

Large stones/boulders and any other material acceptable to the State of Connecticut Department of Energy and Environmental Protection may be buried. [Approved 11-20-24, Item #36583-3]

Truck access to the excavation and/or land filling area shall be arranged as to minimize danger to traffic and pedestrians and nuisance to surrounding properties. The access road entrance shall have a dustless surface. [Approved 11-20-24, Item #36583-3]

All trucks used in the operation shall be covered prior to driving on a City street in such a manner that sand, dirt, or dust does not blow from said truck. [Approved 11-20-24, Item #36583-3]

When transporting soil through any roadways in the City, the permittee shall insure that such roads shall be cleaned of all dust, dirt and mud on a daily basis. [Approved 11-20-24, Item #36583-3]

Fugitive dust control measures shall also be used as deemed necessary by the Director of Public Works or their duly appointed agent. [Approved 11-20-24, Item #36583-3]

An estimate of the quantity of soil in, cubic yards, to be excavated, moved or deposited, and/or broken down. [Approved 11-20-24, Item #36583-3]

The proposed dates of commencement and completion of work. [Approved 11-20-24, Item #36583-3]

An estimate of the type and number of machines and other equipment to be used; the daily starting and finishing time during which such machines are to be operated. [Approved 11-20-24, Item #36583-3]

A plan of the property, certified and signed by an engineer or land surveyor:

A.

The existing elevations of all buildings, structures, streets, streams, bodies of water and water courses, natural or artificial;

B.

Existing and proposed grading at two-foot contour intervals if five (5) acres or less and five-foot contour intervals if more than five (5) acres;

C.

Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work. [Approved 11-20-24, Item #36583-3]

The quantities, in cubic yards, of both cut and fill for the soil involved in the work. [Approved 11-20-24, Item #36583-3]

Potential soil erosion by water and wind. [Approved 11-20-24, Item #36583-3]

Proposed provisions for drainage. [Approved 11-20-24, Item #36583-3]

Soil fertility. [Approved 11-20-24, Item #36583-3]

Lateral support slopes and grades of abutting streets and land. [Approved 11-20-24, Item #36583-3]

Present land values and uses and those contained in the City of New Britain Plan of Conservation and Development. [Approved 11-20-24, Item #36583-3]

Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the City. [Approved 11-20-24, Item #36583-3]

May specify the overall time period within which a grading or processing activity shall be completed, but in no event shall that time period exceed two (2) years. [Approved 11-20-24, Item #36583-3]

May grant an extension of time within which to complete the proposed project upon showing by the applicant and subject to considerations and conditions set forth in this section, but in no event shall more than one (1) extension of time be granted except upon a showing of good cause and after a public hearing has been held. The time period of the extension shall not exceed the duration of the original approval. [Approved 11-20-24, Item #36583-3]

May require the applicant to submit periodic reports, prepared by and bearing the seal of a professional land surveyor or engineer, showing the status and progress of the work. [Approved 11-20-24, Item #36583-3]

To reduce the visual impact of tall, ledge walls or retaining walls, the City Plan Commission or Zoning Enforcement Officer may require landscaping along the base of walls. [Approved 11-20-24, Item #36583-3]

The amount to be posted with the financial guarantee shall be determined by a cost estimate provided to and approved by the City Engineer, or set by the City Engineer if no cost estimate is provided. [Approved 11-20-24, Item #36583-3]

The financial guaranty shall not be released until the City Plan Commission or Zoning Enforcement Officer, upon certification by the City Engineer, shall have determined that all work has been completed as per the City Plan Commission or Zoning Enforcement Officer's approval. [Approved 11-20-24, Item #36583-3]

The applicant shall, at their discretion:

A.

Post the cash bond for the financial guaranty in the form of a certified check made out in the name of the City of New Britain (no other forms of such cash bond shall be accepted).

B.

Submit a surety document. All work is to be completed before the expiration of the surety document. [Approved 11-20-24, Item #36583-3]

Release procedures for any financial guarantee shall be as follows:

A.

The applicant may request a reduction or release by letter to the City Plan Commission or Zoning Enforcement Officer.

B.

The City Plan Commission or Zoning Enforcement Officer shall refer the matter to the City Engineer who will, after an inspection, make a recommendation to the City Plan Commission or Zoning Enforcement Officer.

C.

The City Engineer has authority to make recommendations to the City Plan Commission or Zoning Enforcement Officer on financial guaranty releases without requests from the applicant, and the City Plan Commission or Zoning Enforcement Officer may release said financial guaranty. [Approved 11-20-24, Item #36583-3]

Financial Guaranty Renewal. Any renewal of the zoning permit for grading or processing activity is contingent upon renewal of the financial guarantee as required in this section. [Approved 11-20-24, Item #36583-3]

For the purposes of administering and enforcing the provisions of these regulations, any duly appointed officer, agent or employee of the City shall have the right to enter into and upon lands in or upon which such grading or processing activity are being conducted to examine and inspect such lands and operations thereon. [Approved 11-20-24, Item #36583-3]

Zoning permits issued may be revoked if the Zoning Enforcement Officer finds that any standards or conditions of approval, provided herein, are not met. [Approved 11-20-24, Item #36583-3]

Prevent circulation congestion, both on-site and on adjacent public streets. [Approved 3-19-25, Item #36710-3]

Separate drive-through traffic from site circulation. [Approved 3-19-25, Item #36710-3]

Not impede or impair access into or out of parking spaces. [Approved 3-19-25, Item #36710-3]

Not impede or impair vehicle or pedestrian and vehicular traffic movement. [Approved 3-19-25, Item #36710-3]

Minimize conflicts between pedestrian and vehicular traffic with physical and visual separation between the two (2). [Approved 3-19-25, Item #36710-3]

Avoid interference between the operation of the queuing lanes and the operation of loading and trash storage areas. [Approved 3-19-25, Item #36710-3]

A six-foot high solid wall. [Approved 3-19-25, Item #36710-3]

A six-foot high stockade fence on metal fence posts fixed in concrete footings, with the finished surface of the fencing facing the residential use. [Approved 3-19-25, Item #36710-3]

A six-foot high evergreen planting. [Approved 3-19-25, Item #36710-3]

Eight (8) queuing spaces for a drive-through restaurant. [Approved 3-19-25, Item #36710-3]

Six (6) queuing spaces for a non-food retail operation. [Approved 3-19-25, Item #36710-3]

Two (2) queuing spaces for a bank. [Approved 3-19-25, Item #36710-3]

The required amount of queuing spaces may change based on a traffic impact study, pursuant to Section 230-260-70. [Approved 3-19-25, Item #36710-3]

The Zoning Enforcement Officer may, based on a traffic impact study, allow an up to fifty (50) percent reduction of the required queuing spaces. [Approved 3-19-25, Item #36710-3]

A six (6) foot high solid wall.

A six (6) foot high stockade fence on metal fence posts fixed in concrete footings, with the finished surface of the fencing facing the Residence or Office and Public Buildings District. This type of screening shall only be permitted in B-1, B-2 and I-1 Districts.

An eight (8) foot high, six (6) feet wide protective planting strip in accordance with specifications established by the City Engineer and guaranteed by a maintenance bond.

A six (6) foot high solid wall accompanied with six (6) feet high evergreen planting between such wall and the abutting districts.

A six (6) feet high stockade fence on metal fence posts fixed in concrete footings, accompanied with six (6) feet high evergreen planting between such fence and the abutting S-1, S-2 or S-3 district.

An eight (8) feet high, six (6) feet wide protective planting strip in accordance with specifications established by the City Engineer and guaranteed by a maintenance bond.