Applications on appeal for variances from determinations by the Director of Licenses, Permits and Inspections, and applications for permits for special exception uses shall be submitted in the form required by the Board and filed in the office of the Board. [Approved 1-13-03, Item #27215-2]

The Zoning Board of Appeals is hereby authorized, upon an appeal, to hear and decide:

There shall be a Zoning Board of Appeals. The method of appointment, terms of office, and tenure of its members shall be as provided by Section 3171 and 3172 of the Charter of the City of New Britain, as amended.

The Zoning Board of Appeals shall have the powers enumerated in Section 3173 of the Charter of the City of New Britain, as amended, and as herein more particularly provided and interpreted.

The Zoning Board of Appeals shall adopt such Rules of Procedure, not inconsistent with the provisions of State Law, the Charter, this zoning ordinance, and other city ordinances, as it may deem necessary to the proper performance of its duties and the proper exercise of its powers.

All requirements pertaining to meetings and minutes of the Board shall conform with the provisions of Section 3174 of the Charter of the City of New Britain, as amended. A quorum shall consist of four (4) members or reserve members of the Board.

The vote of the Board on the affirmance or reversal of an order, requirement, decision or determination appealed from shall be in compliance with Section 3176 of the Charter of the City of New Britain.

The Board shall fix a time and place for a public hearing thereon, and shall provide for the giving of notice at least fifteen (15) days prior to the date thereof, as follows:

The City Plan Commission may have representation at any public hearing held by the Board on an application for a permit for a special exception use.

The Board shall keep accurate records of all variances and special exception uses granted by its actions under this ordinance.

Building permits authorized by actions of the Board on variance and special use cases shall be applied for to the Director of Licenses, Permits and Inspections within one hundred eighty (180) days of such authorization, and shall automatically expire if construction under the permit is not started within ninety (90) days of issuance. A one-time, ninety-day extension of the initial one hundred eighty-day period to file for a building permit may be granted by the Director of Licenses, Permits and Inspections, provided the applicant shows good cause as to why the extension is warranted. Any further extensions, if warranted, may only be granted by the Zoning Board of Appeals. [Approved 1-13-03, Item #27215-2; Approved 3-25-10, Item #30859-2]

Maps for Zoning Board of Appeals. [Approved 12-18-24, Item #36553-3]

Applications for special exceptions, variances or location approvals shall be accompanied by five (5) copies of a plot plan which accurately and adequately illustrates the new or existing building(s) or the addition or alteration involved and shall be in accordance with the standards as set forth herein where applicable. [Approved 12-18-24, Item #36553-3]

Any matter where an appellant alleges that the Director of Licenses, Permits and Inspections was in error in refusing to issue a building permit or certificate of occupancy, as a result of misinterpreting the meaning, intent or application of any section or part of this ordinance. [Approved 1-13-03, Item #27215-2]

Any matter where an appellant alleges that the Director of Licenses, Permits and Inspections was in error in its determination as to the exact location of a district boundary line on the Zoning Map that forms a part of this ordinance. [Approved 1-13-03, Item #27215-2]

Any other matter relating to this ordinance, where an appellant seeks a review of any decision, order, or ruling made by the Director of Licenses, Permits and Inspections. [Approved 1-13-03, Item #27215-2]

Any matter which the Director of Licenses, Permits and Inspections appeals on grounds of doubt as to the meaning or intent of any provision of this ordinance or as to the location of a district boundary line on the Zoning Map. [Approved 1-13-03, Item #27215-2]

Pursuant to Section 3173 of the Charter of the City of New Britain, as amended, and in addition to and apart from the power to grant appeals for variances, the Zoning Board of Appeals shall have original jurisdiction and power to grant an application for a permit for a special exception use on a particular site. Such application may be granted whether or not a finding is made that the strict execution of this ordinance would present practical difficulties, but all action by the Board shall be subject to the general provisions of this Ordinance, and more specifically to the guiding principles, general standards, and the special conditions and safeguards contained in this section, to the extent applicable to each particular application.

For every such special exception use, the Board shall determine the following:

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

[DELETED 10-26-88, Item #18505-1]

Pursuant to Paragraph (3) of Section 3173 of the Charter of the City of New Britain, as amended, and in addition to and apart from the power to grant applications for special exception uses, the Zoning Board of Appeals shall have power, in passing on appeals for variances, to very or modify the application of the regulations or provisions of this Ordinance relating to the use, construction, structural changes in, equipment or alteration of buildings or structures, or the use of land.

In conformity with its general power to vary or modify the provisions of this ordinance, as provided in Section 270-50-10 and pursuant to the general principles and general standards stated in Sections 270-50-20 and 270-50-30, the Zoning Board of Appeals is hereby specifically empowered:

By publishing a notice in a daily newspaper of general circulation in the City, as provided by Section 3134 of the Charter of the City of New Britain.

By requiring the applicant to erect a white-with-black lettering sign or signs measuring not less than three (3) feet long and two (2) feet wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for an appeal or special exception use is pending, and the date, time and place where the public hearing will be held. The sign shall not be set back more than ten (10) feet from the property line and shall be not less than two (2) or more than six (6) feet above the grade at the property line. The sign shall be made of one-half (½) inch pressed board or other durable material. It shall be displayed for a period of not less than fifteen (15) days immediately preceding the public hearing date or any adjourned date. The applicant shall file an affidavit that he has complied with the provisions of this section.

Each case shall be identified by a sequential numbering system and alphabetically by the applicant's name. Separate files and numbering systems shall be established for variances and special uses.

Separate maps for variances and special exception uses shall be kept posted up-to-date, showing clearly the number and correct map location of each case.

All plot plans must conform with the Connecticut Department of Consumer Protection regulations "Minimum Standards of Accuracy, Content and Certification for Surveys and Maps." Plot plans shall be Class B General Location Surveys. The map must show lot dimensions, area, yard dimensions, location and size of all existing and proposed buildings on the property, the existing and intended uses of each building or part of a building, the number of families or housekeeping units the buildings are designed to accommodate, and such other information as may be necessary to clearly define the questions involved. All dimensions and areas shown on the plot plans relating to the location of buildings and structures on the lot and the location and size of the lot shall be based on an actual survey by a duly licensed surveyor. [Approved 12-18-24, Item #36553-3]

In situations where the proposed improvement will be within one (1) foot of a property line, a Class A-2 Zoning Location Survey will be required. The Zoning Location Survey must contain all of the information listed for the General Location Survey. Areas of pavement must be shown on all surveys. Property corners must be set as part of A-2 surveys. [Approved 12-18-24, Item #36553-3]

Plot plans accompanying applications pertaining to gasoline filling stations, garages, auto showrooms, used car sales lots, and parking lots, in addition to giving location of building or buildings shall also include the location of any pumps, underground tanks, and shall show height and size of signs in addition to location, height and intensity of lights, plantings, curbs, sidewalks, street lines, exits and entrances. The plot plans shall be Class A-2 Zoning Location Surveys. The property corners must be set as part of the survey. [Approved 12-18-24, Item #36553-3]

Applications for variance or special exception of the sections pertaining to liquor outlets shall be accompanied with five (5) copies of a map showing the location of other outlets within one thousand five hundred (1,500) feet as defined in the ordinance. These maps shall be Class D Data Accumulation Plans. [Approved 12-18-24, Item #36553-3]

If topographical conditions are claimed as hardship, applications shall be accompanied with photographs depicting the topographic conditions claimed to constitute a hardship. The Zoning Enforcement Officer, upon the recommendation of the City Engineer, may require a topographical survey. Any topographical survey required shall be either Class T-2 or T-3. [Approved 12-18-24, Item #36553-3]

The Director of Planning and Development, or their designees, solely at their discretion, may waive the above requirements for a certified plot plan or survey if such certified map is deemed to be immaterial to the approval of the requested variance, special exception or location approval. However, if a certified map is required, it must be signed and sealed by a Connecticut licensed land surveyor and conform to the above sections. If the requirement for a certified plot plan or survey is waived, the applicant still needs to supply an accurate and scaled drawing or sketch showing all such detail and information as is required to allow a reasonable analysis of the proposal. [Approved 12-18-24, Item #36553-3]

Such use shall be one which is specifically authorized as a special exception use in the District in which the particular site is located.

For every such special exception use, the Board shall make a specific finding, after a public hearing in the manner provided by law, that such use will not be prejudicial to the character of its neighborhood.

No application for a permit shall be granted by the Board for any special exception use, until the said Board shall have first received and considered an advisory report thereon from the City Plan Commission, with respect to the location of such use in relation to the needs and growth pattern of the City, and where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street truck loading spaces, and other pertinent features of the site plan. The City Plan Commission shall have thirty (30) days from the date of its receipt of the application, within which to file its report thereon. In the event that said Commission shall fail to file said report within such thirty (30) days, it shall be deemed that the Commission has no objection to the application for a Special Exception.

Every decision by the Board granting an application for a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings.

A special exception use, for which an application for a permit is granted by the Board, pursuant to the provisions of this section, shall be construed to be a conforming use.

That such use will be in harmony with and promote the general purposes and intent of this Ordinance as stated in Section 20.

That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.

That the site is suitable for the location of such use in the community.

That the characteristic of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.

That the proposed use, particularly in the case of non-nuisance industry, does conform with the ordinance definition of the special exception use where such a definition exists, or with the generally accepted definition of such use where such definition does not exist in the Ordinance.

That access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible form the street and not within forty (40) feet of the intersection of street lines at a street intersection except under unusual circumstances.

That there are off-street parking and truck loading spaces at least in the number required by the provisions of Section 240, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.

That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

That adequate provisions will be made for the collection and disposal of excessive storm water runoff from the site, and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.

That the proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in Section 270-40-40, if any.

No adult-oriented establishments shall be allowed within a one thousand five hundred-foot radius of another existing adult use.

No adult-oriented establishment shall be located within a two hundred fifty-foot radius of any residentially zoned land.

No adult-oriented establishment shall be located within a one thousand-foot radius of any public or private school, child or adult day care facility, park, cemetery, hospital, library, church or place of worship.

Each adult-oriented establishment shall provide required off-street parking conforming to the requirements of Section 240 at the rate of one (1) parking space for each one hundred (100) square feet of net floor area leased or used by the adult-oriented establishment.

The sale and/or consumption of alcoholic beverages is prohibited in and/or at an adult-oriented establishment as defined in these Regulations, except that adult cabaret may be permissible in a nightclub, bar or restaurant which is duly licensed to serve alcoholic beverages, provided that all other specific conditions of Section 270-40-40.05 are met.

No adult-oriented establishment as defined herein, shall be conducted in any manner that permits the observation of any material depicting or describing of "specified sexual activities" or "specified anatomical areas" as defined herein, from any public way. This provision shall apply to any building exterior display, decoration, sign, show window or other building exterior opening.

All adult-oriented establishments which were lawfully in existence as of the effective date of these regulations shall comply with all provisions of Section 260 non-conforming uses.

The entrance of the location where alcoholic liquor, beer, wine or ale requiring a permit as defined by the State Liquor Act is sold shall be at least one thousand five hundred (1,500) feet from the entrance of the other location where alcoholic liquor, beer, wine or ale is sold, except under a special exception granted by the Zoning Board of Appeals.

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

No permit shall be granted in any OP or residential district, however, club permits may be granted if approval is given by the Zoning Board of Appeals.

In any Industrial District restaurant permits only shall be granted.

No permit location shall be granted within a five hundred-[foot] distance along the same street front from a Residence District, a public or private elementary or high school, or a religious institution.

The site shall be at least five hundred (500) feet from any Residence District boundary.

No event or accessory activity other than off-street parking and truck loading shall take place outside the confines of the arena or assembly hall building or structure itself.

Public address systems shall only be used in connection with the events sponsored in the arena or assembly hall, provided that where an arena is an open air structure the use of such a public address system shall be limited to the hours between 10:00 a.m. and 11:00 p.m.

There shall be adequate pedestrian areas at the entrances and exits to the arena or assembly hall as well as suitable locations for taxis and private vehicles to stand while picking up pedestrians.

No alcoholic liquor permit location shall be granted in conjunction with, or on the same premises as, such arena or assembly hall.

Notwithstanding the minimum lot size and width of the zoning district, the site must be a minimum of fifteen thousand (15,000) square feet in area and not less than one hundred fifty (150) feet in width, except that businesses that are exclusively limited repairer operations, may be permitted on any lot conforming to the minimum lot size, provided all other special conditions and safeguards, parking, screening and transitional yard requirements are met. [Approved 4-18-17, Item #33769-3]

No outside repair operations and no outside (unscreened) storage of any materials or vehicles shall be allowed.

All curb cuts shall be at least twenty-five (25) feet from any intersection. All parking spaces intended for customer use shall be clear and accessible with conforming back-up aisles that does not entail backing into the public street right-of-way. All doorways and service bays shall be clear and accessible and unimpeded by parking or sales vehicle display spaces.

For motor vehicle sales operations, no more than one (1) sales vehicle space per five hundred (500) square feet of lot area shall be permitted. Sales vehicle spaces shall be separate and not encumber parking spaces required for customers, nor for operations where motor vehicle repair services are offered for the general public; sales display space shall not encumber parking required for repair operations on the property. [Approved 4-18-17, Item #33769-3]

No motor vehicle dealer or motor vehicle repair garage permit shall be allowed for any location that abuts any residentially zoned property or is within one hundred (100) feet along the same street frontage from any residential zoning district. [Approved 4-18-17, Item #33769-3]

No motor vehicle dealer or motor vehicle repair garage permit shall be allowed for any location that is unable to meet the required transitional yard setbacks along abutting residential zone lines. [Approved 4-18-17, Item #33769-3]

A cemetery shall have a minimum site area of fifteen (15) acres, except that existing cemeteries that are smaller than fifteen (15) acres may be expanded even though such expansion would not increase their site area to fifteen (15) acres.

No outdoor flood lighting or public address systems shall be permitted.

There shall be no more than one (1) single-person room or suite for each three hundred fifty (350) square feet of site area.

No outdoor flood lighting or public address systems shall be permitted.

In any Residence District, all college site development shall be so designed that all buildings, structures and uses of land shall be set back a minimum of fifty (50) feet from all property lines; and further that all buildings and structures shall be set back at least one hundred (100) feet from common boundary lines with other lots in Residence Districts.

Adequate fencing and screening shall be provided along all common boundary lines with other lots in Residence Districts so as to prevent intrusion on those properties in terms of physical entry and other nuisances to adjoining property owners.

The plan for pedestrian and vehicular access to the college site shall be based on major or arterial streets, and shall specifically avoid drawing pedestrian or vehicular traffic through minor residential streets.

All such uses shall be located within a building.

No alcoholic liquor permit location shall be granted in conjunction with, or in the same building as such commercial public recreation use.

Any use of a public address system shall be limited to the inside of the building and its sound shall not be audible beyond the limits of the property.

The site shall not be less than two (2) acres in area.

The site shall have a minimum width of one hundred fifty (150) feet.

The total number of dwelling units shall not exceed one (1) per each three thousand (3,000) square feet of lot area.

Off-street parking shall be provided at the ratio of one (1) parking space for every three and one-half (3.5) dwelling units.

The site shall not be less than three (3) acres in area.

All country club uses shall be set back at least one hundred (100) feet from all property lines except for off-street parking, which shall be set back at least fifty (50) feet from all property lines.

Any use of a public address system shall be limited to the inside of the building and its sound shall not be audible beyond the limits of the property.

Adequate fencing and screening shall be provided along all common boundary lines with other lots in Residence Districts to prevent intrusion on those properties in terms of physical entry and other nuisances to adjoining property owners.

The plan for vehicular access to the country club site shall be by way of a major or arterial street.

A crematory shall only be permitted to locate on the site of a cemetery that conforms to the minimum requirements for a new cemetery as provided in Section 270-40-40.40, or on a contiguous lot to such cemetery with a minimum land area of two (2) acres.

There shall be no more than one (1) camper for each two thousand (2,000) square feet of site area.

All buildings, structures, and areas of organized activity, such as baseball diamonds, basketball courts, riding areas, swimming pools, etc., shall be located at least 50 feet from all property or street lines.

The only residence uses permitted on the site shall be two (2) single family dwelling units, and such dwelling units shall comply with the applicable provisions of this Ordinance for the District in which they are located.

No outdoor floodlighting or public address system shall be permitted.

The proposed use shall be on a site with an area of at least fifteen thousand (15,000) square feet and with at least one hundred fifty (150) feet of street frontage on any public street.

The site shall be at least two hundred (200) feet distance from the premises of any church, hospital, library, playground, school or any other institution for children, or any similar place of public assembly.

The site shall be at least one thousand (1,000) feet distance from the premises of any existing public garage or motor vehicle fueling station, or any site previously approved for such use and for which the building permit has not expired as provided for in this Ordinance. [Approved 4-18-17, Item #33769-3]

All pumps, lubricating and other devices shall be located at least fifteen (15) feet from any street line and twenty-five (25) feet from any structure.

Curbs shall be constructed so as to channelize all traffic to permitted curb cuts. There shall be no more than two (2) curb cuts on any street frontage. The paved service areas shall be separated from public sidewalks by a curb except at driveway crossings.

The site shall be suitably paved and drainage facilities provided in accordance with the standards established in the ordinances of the City of New Britain and such additional standards as the City Engineer shall require.

All gasoline, oil or other volatile inflammable liquids shall be stored in accordance with the provisions of the applicable ordinances of the City of New Britain and of State regulations.

All automobile parts, dismantled vehicles and similar articles shall be stored within the principal building.

Required side, and rear yards adjacent to residence districts shall not be used for any structure, facility, sign, light pole, or parking area. Outdoor storage, outdoor repair work and portable signs shall be prohibited at all times.

All fueling pump locations shall have sufficient stacking space to accommodate at least two (2) vehicles in line waiting to access the pump. All stacking space lanes shall be laid out so as not to interfere with site access or exit driveways; so as to allow access to site parking; and so as to allow safe by-pass around vehicles that are fueling or in line awaiting access to the fueling pumps. [Approved 4-18-17, Item #33769-3]

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]

The proposed use shall be on a site with an area of at least ten thousnad (10,000) square feet and with at least one hundred (100) feet of street frontage on any public street, except that there are multiple uses on a property, such as a fueling station with a convenience store and a car wash or food service, the site shall be no smaller than fifteen thousand (15,000) square feet and have one hundred fifty (150) feet of street frontage and 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.

All car wash bays shall have sufficient stacking space to accommodate at least three (3) vehicles in line waiting to access the facility. All stacking space lanes shall be laid out so as not to interfere with site access or exit driveways.

All washing, drying and vacuuming stations shall be situated no closer than twenty-five (25) feet from any property line.

All sites shall comply with applicable front, rear, side and transitional yard requirements and shall have appropriate planting islands and landscaping in accord with good professional design practices, including, as a minimum, a four-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 floor drains, vehicle wash facilities, etc. utilizing such features as oil and grease separators, wash water recycling systems, etc., as may be directed by the City Engineer.

Every motor vehicle towing and storage lot, whether operating as part of a motor vehicle dealer or motor vehicle repair garage, or as a stand-alone operation, shall have a minimum lot area of twenty thousand (20,000) square feet and a minimum of one hundred (100) feet of lot frontage on a public street.

Every motor vehicle towing and storage lot shall be located within two hundred (200) feet from any residential zoning district, church, hospital, library, playground, school or any other institution for children, or any similar place of public assembly.

Every motor vehicle towing and storage lot shall be completely surrounded by a solid fence not less than eight (8) feet in height which shall bear no advertising other than the name of the owner and the use of the premises, with a suitable gate which shall be closed and locked except during the working hours.

Motor vehicles stored in a motor vehicle towing and storage lot shall be stored only on a paved or impermeable surface, which shall have suitable drainage structure(s), including appropriately designed oil and grease separators, as may be directed by the City Engineer.

Every motor vehicle wrecking yard or recycling business shall have a minimum lot area of twenty thousand (20,000) square feet and a minimum of one hundred (100) feet of lot frontage on a public street;

No motor vehicle wrecking yard or recycling business shall be located within two hundred (200) feet from any residential zoning district, church, hospital, library, playground, school or any other institution for children, or any similar place of public assembly.

Every motor vehicle wrecking yard or recycling business shall be completely surrounded by a solid fence not less than eight (8) feet in height which shall bear no advertising other than the name of the owner and the use of the premises, with a suitable gate which shall be closed and locked except during the working hours of such yard or junkyard. All unregistered motor vehicles, used parts, old iron, metal, glass, paper, and any other material which may have been parts of such vehicles shall be enclosed within this location. Any dismantling and any burning of material or cutting up of parts of such vehicles must be carried on within this enclosure.

Motor vehicles stored in a motor vehicle wrecking yard or motor vehicle junkyard shall be stored only on a paved or impermeable surface, which shall have suitable drainage structure(s), including appropriately designed oil and grease separators, as may be directed by the City Engineer.

All buildings and structures on site shall occupy not more than a total of forty (40) percent of the area of the lot and the total lot coverage of all structures and material shall not exceed more than eighty (80) percent of the area of the lot.

Motor vehicles may be stored in a motor vehicle wrecking yard or motor vehicle junkyard at a height not to exceed that of two (2) automobiles piled upon another.

The salvaging of motor vehicles and the retail sales of used parts of motor vehicles shall be conducted entirely within a structure, which structure shall be of such a nature to screen the operation or operations from public view.

Heavy machinery, compacting and shearing machinery shall be located on a solid foundation to avoid vibration.

Outdoor lighting shall be limited to those areas immediately adjoining and within one hundred (100) feet of the main building, and to the parking area, and the swimming pool area. There shall be no general outdoor lighting.

Outdoor storage shall be prohibited.

Minimum site area shall be eighty-six thousand (86,000) square feet.

Outdoor lighting shall not spill over to adjacent properties.

No alcoholic permits shall be allowed in conjunction with this use.

Public address system shall be confined to the inside of the building.

Adequate screening shall be provided along all boundary lines adjoining residential uses to prevent intrusion on those properties in terms of entry or other nuisances.

Parking areas shall be oriented to the building and away from adjacent residential uses.

The site shall have a minimum land area of three (3) acres.

The site shall have at least two hundred (200) feet of frontage on an arterial street.

Staff residence quarters may be considered accessory uses to a hospital, provided that additional parking spaces are made available for residents in accordance with the requirements of Section 240-20 for a residential membership club.

Professional offices may be considered accessory uses to a hospital, provided that additional parking spaces are made available in accordance with Section 240-30.

Off-street parking requirements may be met in a garage erected as an accessory to the hospital, whether such garage is operated by the hospital or by others, provided that required spaces for both the commuting and resident staff are reserved and that the garage is not operated as a regular commercial venture.

No massage establishment shall be permitted within one thousand (1,000) feet distance along the same street front from a residence district as defined in Section 50-10-10 of this Ordinance, a public or private educational institution, a religious institution, or a public building.

No massage establishment shall be permitted within one thousand five hundred (1,500) feet of another massage establishment.

The purpose of this section is to regulate the location and operation of medical marijuana dispensary and production facilities and the adult use cannabis retail, production and cultivation. The intent of these regulations is to minimize any adverse impacts of such facilities, and to protect and preserve the City of New Britain's neighborhoods, commercial distracts, property values and quality of life. [Approved 4-14-2022, Item #35700-3]

A producer, dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer (i.e., licensed to sell both recreational cannabis and medical marijuana) of products containing cannabis; or a manufacturer, packager, delivery service, or transporter of products containing cannabis, including cannabis-infused food and beverage products. [Approved 4-14-22, Item #35700-3]

A facility or business that performs cannabis production activities, which includes cannabis cultivator, micro-cultivator, product manufacturer, product packager, and other production and/or manufacturing uses defined herein. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

A facility or business that grows, cultivates, and propagates cannabis flowers and performs related activities under the state cultivator license. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

A facility or business that grows, cultivates, and propagates cannabis flowers and performs related activities under the state micro-cultivator license in a limited-size grow space. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

A facility or business that produces cannabis-infused food or beverages. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

A facility or business that participates in any aspect of the cannabis extraction and infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Cannabis manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

A facility or business that is licensed to package and label cannabis and cannabis products. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

Regulated locations in which a person can purchase cannabis and cannabis related items for medical or recreational use. [Approved 4-14-22, Item #35700-3]

An individual or business that sells, supplies, or offers recreational cannabis products for sale directly to consumers. [Approved 4-14-22, Item #35700-3]

An individual or business that sells, supplies, or offers recreational cannabis and medical products for sale directly to consumers. [Approved 4-14-22, Item #35700-3]

Any number of companies or individuals that are involved in the distribution of cannabis by way of delivery. This could be either mail-order delivery, or hand delivery. [Approved 4-14-22, Item #35700-3]

Medical marijuana dispensary facilities and production facilities shall be governed by Connecticut General Statutes Section 21a-408 et seq. as amended and Sections 21a-408-1 to 21a-408-70 inclusive, of the Regulations of State Agencies as they may be amended and permitted only in the below zone, subject to special exception approval in accordance with Section 270-40 of these Regulations, site plan approval in accordance with Section 280-60 of these Regulations and the requirements of this section. [Approved 4-14-22, Item #35700-3]

Adult use cannabis retail and hybrid-retail and production facilities shall be governed by Public Act 21-1/Senate Bill 1201, The Responsible and Equitable Regulation of Adult-Use Cannabis Act as amended inclusive of the Regulations of State Agencies as they may be amended and permitted only in the below zone, subject to special exception approval in accordance with Section 270-40 of these Regulations, site plan approval in accordance with Section 280-60 of these Regulations and the requirements of this section. Pursuant to Public Act 21-1/Senate Bill 1201, until June 30, 2024, no municipality shall grant zoning approval for more retailers or micro-cultivators than the number that would allow for one (1) retailer and one (1) micro-cultivator for every twenty-five thousand (25,000) residents of such municipality, as determined by the most recent decennial census. [Approved 4-14-22, Item #35700-3]

Adult use cannabis cultivator and micro-cultivator facilities shall be governed by Public Act 21-1/Senate Bill 1201, The Responsible and Equitable Regulation of Adult-Use Cannabis Act as amended inclusive of the Regulations of State Agencies as they may be amended and permitted only in the below zone, subject to special exception approval in accordance with Section 270-40 of these Regulations, site plan approval in accordance with Section 280-60 of these Regulations and the requirements of this section. Pursuant to Public Act 21-1/Senate Bill 1201, until June 30, 2024, no municipality shall grant zoning approval for more retailers or micro-cultivators than the number that would allow for one (1) retailer and one (1) micro-cultivator for every twenty-five thousand (25,000) residents of such municipality, as determined by the most recent decennial census. [Approved 4-14-22, Item #35700-3]

In the B-2, B-3 and CBD zoning districts only Medical Marijuana Dispensary Facilities and Adult use cannabis retail and hybrid-retail facilities may be permitted and only by special exception. [Approved 4-14-22, Item #35700-3]

In the I-1, I-2, and I-3 zoning districts only cannabis producer/cannabis food and beverage manufacturer/cannabis product manufacturer/cannabis product packager/cannabis dispensary facility/cannabis retailer/cannabis hybrid retailer/medical marijuana dispensary/cannabis cultivator and/or cannabis micro-cultivator may be permitted and only by special exception. [Approved 4-14-22, Item #35700-3; Approved 5-29-24, Item #36377-3]

Notwithstanding the preceding provisions, adult use cannabis cultivator, micro-cultivator, and producer may be permitted by special exception in the B-2 zoning district on a parcel that has a minimum lot size of at least fifteen (15) acres. [Approved 10-27-22, Item #35871-3]

No medical marijuana dispensary/Adult Use Cannabis Dispensary Facility/Adult Use Cannabis Retailer and/or Adult Use Cannabis Hybrid Retailer shall be allowed within two hundred (200) feet of a church, temple or other place of religious worship, nor within two hundred (200) feet of any public or private elementary or high school, nor any park or playground. [Approved 4-14-22, Item #35700-3]

No medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer shall be allowed within one hundred (100) feet along the same street front of any property that is zoned for residential use. [Approved 4-14-22, Item #35700-3]

No medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer shall be allowed within the same building or structure that is used for residential use or that contains another medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer. [Approved 4-14-22, Item #35700-3]

No medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer shall be allowed within one thousand (1,000) feet of any other medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer/adult use cannabis producer/adult use cannabis product manufacturer/adult use cannabis product packager. Distance shall be measured from the radius of the front door to front door of each establishment. [Approved 4-14-22, Item #35700-3]

All medical marijuana dispensary facilities/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer shall have an adequate security system to prevent and detect diversion, theft or loss of marijuana and marijuana derived or related substance utilizing commercial grade equipment meeting, as a minimum, the requirements of the State of Connecticut Regulations. [Approved 4-14-22, Item #35700-3]

The signage for any medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer shall be in accordance with the provisions of Section 250-30, Business or Identification Signs. [Approved 4-14-22, Item #35700-3; Amended 4-30-25, Item #36737-3]

No medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer derived product or related paraphernalia shall be visible from outside of the medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer. [Approved 4-14-22, Item #35700-3]

The hours of operation for any medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer shall be limited to between 9:00 a.m. and 9:00 p.m. [Approved 4-14-22, Item #35700-3; Amended 4-30-25, Item #36737-3]

Any special exception approved by the Zoning Board of Appeals for a medical marijuana dispensary/adult use cannabis dispensary facility/adult use cannabis retailer and/or adult use cannabis hybrid retailer is approved with the condition that the applicant obtains the appropriate license from the State of Connecticut Department of Consumer Protection or any other department as designated by the State. The conditional approval will become finalized upon receipt by the Director of Licenses, Permits and Inspections of a copy of the Department of Consumer Protection issued license. The conditional approval shall expire if the applicant fails to provide the Director of Licenses, Permits and Inspections with a copy of the Department of Consumer Protection issue license within six (6) months of the date of the ZBA's conditional approval. No entity shall operate without a valid, current license. [Approved 4-14-22, Item #35700-3]

No parcel containing a medical production facility/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator shall be allowed within two hundred (200) feet of a parcel containing a church, temple or other place of religious worship, nor within two hundred (200) feet of any public or private elementary or high school, nor any park or playground. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

No parcel containing a medical production facility/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/cannabis cultivator and/or adult use cannabis micro-cultivator shall be allowed within one hundred (100) feet along the same street front of any property that is zoned for residential use. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

No medical production facility/adult use cannabis producer/cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator shall be allowed within the same building or structure that is used for residential use. [Approved 4-14-22, Item #35700-3]

No parcel containing a medical production facility/adult use cannabis producer/cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator shall be allowed within one thousand (1,000) feet of any other parcel containing a medical/recreational marijuana production facility/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator. [Approved 4-14-22, Item #35700-3; Approved 6-22-23, Item #36106-3]

All medical production facilities/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator shall have an adequate security system to prevent and detect diversion, theft or loss of marijuana and marijuana derived or related substance utilizing commercial grade equipment meeting, as a minimum, the requirements of the State of Connecticut Regulations. [Approved 4-14-22, Item #35700-3]

No medical production facility/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator shall occupy a building area of less than twenty-five thousand (25,000) square feet. No micro-cultivator shall occupy a building area of less than two thousand (2,000) square feet. [Approved 4-14-22, Item #35700-3; Approved 10-27-22, Item #35871-3]

The signage for any medical production facility/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator shall be restricted to a single sign, no larger than twelve (12) square feet in area, identifying the legal name of the business entity and the street address. Signage provisions of Section 250-30 shall not apply. [Approved 4-14-22, Item #35700-3]

Any special exception approved by the Zoning Board of Appeals for a medical marijuana production facility/adult use cannabis producer/adult use cannabis food and beverage manufacturer/adult use cannabis product manufacturer/adult use cannabis product packager/adult use cannabis cultivator and/or adult use cannabis micro-cultivator is approved with the condition that the applicant obtains the appropriate license from the State of Connecticut Department of Consumer Protection or any other department as designated by the State. The conditional approval will become finalized upon receipt by the Director of Licenses, Permits and Inspections of a copy of the Department of Consumer Protection issued license. The conditional approval shall expire if the applicant fails to provide the Director of Licenses, Permits and Inspections with a copy of the Department of Consumer Protection issue license within six (6) months of the date of the ZBA's conditional approval. No entity shall operate without a valid, current license. [Approved 4-14-22, Item #35700-3]

The site shall have a minimum lot area of ten thousand (10,000) square feet.

The site shall have a minimum lot width of seventy-five (75) feet.

The floor area ratio shall not exceed 1.60.

No accessory buildings shall be permitted in any required rear yard.

The minimum setback for an accessory building from any lot line shall be the same as the required yard.

The site shall have a minimum lot area of nine thousand (9,000) square feet.

The site shall have a minimum width of seventy-five (75) feet.

The total number of dwelling units allowed shall not exceed one (1) per each three thousand (3,000) square feet of lot area and shall not exceed a total of six (6) dwelling units, regardless of the lot size.

The floor area ratio shall not exceed .50 and the lot coverage shall not exceed twenty (20) percent.

Off-street parking shall be provided in accordance with the provisions of Section 240-30.

There shall be no more than one (1 guest room for each one thousand seven hundred (1,700) square feet of site area.

Minimum required side and rear yards shall not be used for any structure, facility, sign, light pole, or parking. Outdoor storage and portable signs shall be prohibited at all times.

There shall be adequate provision for the control of estimated traffic generated by the proposed use and for prevention of unwarranted traffic or pedestrian hazards, including but not limited to curbs constructed so as to channelize all traffic to permitted curb cuts, and the provision of a curb separating the public sidewalks from paved service areas except at driveway crossings.

The site shall be suitably paved and drainage facilities provided in accordance with the standards established in the ordinances of the City of New Britain and such additional standards as the City Engineer shall require.

All buildings, structures, and areas of organized activity, such as playgrounds, playfields and classroom buildings shall be located at least thirty (30) feet from all property or street lines.

No outdoor floodlighting or public address system shall be permitted.

The site shall have an area of at least two (2) acres.

There shall be no more than one (1) patient bed for each three hundred fifty (350) square feet of site area.

Off-street parking shall be in accordance with the requirements of Section 240-30 for hospitals.

Off-street parking facilities shall be intended to serve exclusively the needs of businesses within the UI District or of nearby businesses which are in immediately adjoining industrial or commercial areas, and are within a one thousand-foot radius of the parking facility.

Off-street parking garages shall be required to meet all yard and buffer zone restrictions. Surface parking lots shall be required to meet the requirements of Section 230-150-10.20 for yards abutting public streets and the setback requirements of Section 230-150-10.30, regarding setback from adjoining property lines.

All entrance driveways shall be free of parking spaces.

In addition to the required site plan, a schematic plan of the facility shall be presented to demonstrate the disposition of the transportation facilities, their coordination, the plan for pedestrian spaces, and the location of any other functions of the terminal.

All loading or unloading locations for public transportation vehicles shall be off-street.

Where such a terminal includes a heliport, particular attention shall be given to the impact on neighboring properties in terms of safety and noise, and compliance with Federal Aviation Agency regulations.

The Zoning Board of Appeals shall find that the proposed facility is reasonably compatible with the surrounding land uses, and that it is reasonably necessary to locate the facility on the proposed site or a similar site in the same vicinity, in order to provide adequate service to the City of New Britain.

All main and accessory buildings or equipment, exclusive of transmission lines, shall be set back from all property lines at least fifty (50) feet.

Where open storage or equipment areas are necessary, they shall be fenced and screened.

[DELETED 6-26-08; Item #30065-3]

[Approved 11-21-86, Item #17459-1; DELETED 6-26-08; Item #30065-3]

[Approved 11-21-86, Item #17459-1; DELETED 6-26-08; Item #30065-3]

[DELETED 6-26-08; Item #30065-3]

[Approved 6-20-88, Item #18284-1; DELETED 6-26-08; Item #30065-3]

[Approved 6-20-88, Item #18284-1; DELETED 6-26-08; Item #30065-3]

[Approved 6-20-88, Item #18284-1; DELETED 6-26-08; Item #30065-3]

The site shall meet the minimum lot area and width requirements.

No business or other nonresidential use shall be allowed on an upper floor over a residential dwelling(s). For new mixed-use development in which the residential use is to be in a separate building on the property, the residential building may not be constructed behind the business use, and in all cases the residential building shall be afforded clear and unimpeded emergency access.

The number of dwelling units allowed shall not exceed one (1) per each three thousand (3,000) square feet of lot area and shall not exceed a total of two (2) dwelling units, regardless of the lot size, except that nonconforming properties having three (3) or more units may be converted to mixed use provided there is sufficient off-street parking and provided that at least one (1) of the existing residential units is relinquished to allow the business use.

A reasonable amount of off-street parking shall be provided in general accordance with the provisions of Section 240-30 for both the residential and nonresidential uses on the property, except that with due consideration to the character of the neighborhood and the recommendation of the City Plan Commission, the Zoning Board of Appeals may grant a variance pursuant to Section 270-50-40, making an allowance for the reduction in the business-related portion of the required off-street parking. As a minimum guideline, there should be enough parking to meet the requirement for the residential portion of the building, and in no case shall there be fewer than five (5) spaces.

In addition to the required site plan, a schematic plan, showing how proposed special exception uses interrelate with and support the Technology Park purpose and intent, shall be presented.

Retail uses and any parking areas appurtenant to them shall have provided a buffer area at least fifty (50) feet from any residential area appropriately fenced and screened.

The property shall front on a public street classified as either a major collector or a primary or secondary arterial.

The building shall not be located within 150 feet of any residentially zoned property.

The Zoning Board of Appeals shall specifically make the determination that the size and design of the building is compatible in character to its surroundings and that all yard setbacks and accessory parking areas are sufficient for the size of the building and its proposed use.

There shall be a minimum lot area of six thousand (6,000) square feet. [Approved 3-16-23, Item #36000-3]

There shall be, at a minimum, two hundred fifty (250) square feet of lot area per child. [Approved 3-16-23, Item #36000-3]

There shall be provided a minimum of one hundred (100) square feet of open play space on the lot for each child, or the applicant shall obtain approval from the Zoning Board of Appeals of a play schedule, which shall identify the number of children that will use the play area at particular times and the proximity of the facility to a public park. [Approved 3-16-23, Item #36000-3]

Home professional offices must be accessory and subordinate to the principal residential use of the property. [Approved 3-16-23, Item #36000-3]

At least one (1) individual engaged in the home professional office must reside in the dwelling unit in which the home professional office is located as their primary place of residence. [Approved 3-16-23, Item #36000-3]

A maximum of two (2) nonresident employees are allowed with a home professional office. For the purpose of this provision, the term "nonresident employee" includes an employee, contractor, business partner, co-owner or any other person affiliated with the home professional office, who does not live at the site, but who visits the site as part of the home professional office. [Approved 3-16-23, Item #36000-3]

No more than eight (8) clients or customers may visit the site of a home professional office in a single day. Customer or client visits are limited solely to the hours of 8:00 a.m. to 8:00 p.m. [Approved 3-16-23, Item #36000-3]

Face-to-face or walk-in retail sales activities are prohibited as a principal home professional office activity. Any face-to-face or walk-in retail sales of goods must be entirely accessory to any services provided on the site. This retail sales restriction is not intended to prohibit on-line retail sales. [Approved 3-16-23, Item #36000-3]

Home professional offices that change the physical form of the residential building they occupy or that adversely affect the surrounding neighborhood are prohibited. Home professional office may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood. Home 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 home professional office 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 or the exterior display of signs. [Approved 3-16-23, Item #36000-3]

Any tools or equipment used as part of a home professional office must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property. [Approved 3-16-23, Item #36000-3]

The use or storage of hazardous substances is prohibited. [Approved 3-16-23, Item #36000-3]

Home professional offices and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory building. [Approved 3-16-23, Item #36000-3]

Deliveries or pickups of supplies or products associated with a home professional office 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 3-16-23, Item #36000-3]

No more than one (1) home professional office is allowed on a single property, and a home professional office may not be conducted on a lot occupied by an accessory dwelling unit. [Approved 3-16-23, Item #36000-3]

The following uses are not permitted for home professional offices; 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 3-16-23, Item #36000-3]

Applicability. The following provisions shall apply to accessory dwelling units. [Approved 11-20-24, Item #36584-3]

Minimum Lot Size. Accessory dwelling units shall be constructed only on lots totaling more than eight thousand (8,000) square feet. [Approved 11-20-24, Item #36584-3]

Dimensional Requirements. The dimensional requirements for accessory dwelling units shall comply with the dimensional requirements for the district in which the accessory dwelling unit is located. [Approved 11-20-24, Item #36584-3]

Parking. No accessory dwelling unit shall be served by additional curb cuts beyond the existing curb cut in place for the existing principal structure. [Approved 11-20-24, Item #36584-3]

Three (3) off-street parking spaces shall be provided: two (2) spaces per existing principal structure and one (1) space per accessory dwelling unit. [Approved 11-20-24, Item #36584-3]

Size and Character. No accessory dwelling unit shall exceed forty (40) percent of square footage of the existing principal structure on parcel or eight hundred (800) square feet; deferring to the lower value. [Approved 11-20-24, Item #36584-3]

Unit Must Be Self-contained. An accessory dwelling unit shall be self-contained, with separate cooking, sanitary and sleeping facilities for the exclusive use of the occupant. [Approved 11-20-24, Item #36584-3]

Bedrooms. An accessory dwelling unit shall contain no more than one (1) bedroom. [Approved 11-20-24, Item #36584-3]

Vegetated Screen Cover. Orientation of the accessory dwelling unit shall maintain the privacy of residents in adjacent dwelling determined by the physical characteristics and appropriate screening techniques surrounding the accessory dwelling unit. [Approved 11-20-24, Item #36584-3]

The accessory dwelling unit shall be constructed within the building envelope or attached to the existing principal structure with a common wall of at least eight (8) feet in width. [Approved 11-20-24, Item #36584-3]

The accessory dwelling unit must connect to and utilize the principal structure's utilities and meters. [Approved 11-20-24, Item #36584-3]

The principal structure and accessory dwelling unit shall have only one (1) street number. [Approved 11-20-24, Item #36584-3]

Other Codes. Accessory dwelling units shall conform to all requirements of the applicable building, health, fire, sanitary and zoning codes in addition to those requirements set forth herein. [Approved 11-20-24, Item #36584-3]

The accessory dwelling unit shall maintain uniformity with the existing principal structure's architectural features, including siding, trim, and casework. [Approved 11-20-24, Item #36584-3]

No property shall be used as a short-term rental establishment until a special exception has been issued. [Approved 12-18-24, Item #36551-3]

Following the approval of a special exception, short-term rental operators must receive a zoning permit, pursuant to this section, one (1) year after receiving special exception approval. Zoning permits granted for short-term rental operations shall expire within one (1) year of approval and must be renewed annually. [Approved 12-18-24, Item #36551-3]

Zoning permits issued may be revoked if the Zoning Enforcement Officer receives information that such short-term rental has imposed a nuisance on neighbors. Short-term rentals shall be subject to Code of Ordinance Section 7-42—Definitions for blighted premises, and to Section 20-80—Fee for excessive responses by city departments. [Approved 12-18-24, Item #36551-3]

Short-term rentals do not have to receive an additional special exception approval at the time of the zoning permit renewal unless there has been a significant change made to the approved short-term rental, as determined by the Zoning Enforcement Officer. Examples of significant changes include, but are not limited to, change of owner or property manager, change in the number of consecutive days from what was approved, the zoning permit was previously revoked due to there being a nuisance, and an expansion of the short-term rental. [Approved 12-18-24, Item #36551-3]

The zoning permit application must include either (a) the name of the property owner residing on the premises, or (b) the name and contact information of the property manager who must live or work within ten (10) miles of the site and the express written consent of the property owner for such short-term rental. [Approved 12-18-24, Item #36551-3]

As short-term rentals are conducted on a temporary and periodic basis, no nonconforming use rights will be recognized for short-term rentals existing at the time of the passage of these regulations. [Approved 12-18-24, Item #36551-3]

A special exception issued pursuant to this section may be conditioned on a limitation on the number of days during which short-term rental occurs. [Approved 12-18-24, Item #36551-3]

No more than six (6) adults and their dependent children may occupy rooms within a short-term rental. [Approved 12-18-24, Item #36551-3]

All rooms rented for the purposes of short-term rental must have emergency escape and rescue openings and be in conformance with Connecticut State Building Code. [Approved 12-18-24, Item #36551-3]

Short-term rentals are considered separate and apart from a rooming house, bed and breakfast, hotel, and motel and both are not permitted on a given property at the same time. [Approved 12-18-24, Item #36551-3]

Accessory dwelling units shall not be used for short-term rentals. [Approved 12-18-24, Item #36551-3]

Short-term rentals shall only be used for lodging-type uses. Non-lodging uses including, but not limited to, parties, receptions, weddings, filming, photo shoots, corporate retreats and fundraisers, is prohibited. [Approved 12-18-24, Item #36551-3]

The parking requirement for short-term rentals shall be one (1) space per room that is used for short-term rental, in addition to the required parking for other uses on the property. [Approved 12-18-24, Item #36551-3]

Every decision by the Board granting a variance shall clearly set forth the nature and extent of such variance.

Every variance granted by the Board shall, in appropriate cases, be made subject to such specific conditions and safeguards as the Board shall deem to be applicable to the particular case.

A variance granted by the Board pursuant to the provisions of this section shall be construed to be a nonconforming use or a nonconforming building or structure.

Every variance granted by the Board shall be based upon and accompanied by a specific finding or findings, supported by evidence produced at a public hearing in the manner provided by law, to the effect that the special conditions of the particular case are such to constitute unnecessary hardship in the way of literal enforcement of the provisions of this Ordinance.

Such unnecessary hardship shall not be self-imposed by the appellant.

Such unnecessary hardship shall be unique, in the sense of not being shared by all properties in the variety.

Every variance granted by the Board shall be designed by the Board to safeguard the health, safety, morals, or the general welfare of the community, or the comfort, happiness and prosperity of the inhabitants thereof, and shall be further designed to provide reasonable consideration among other things to the character of the neighborhood or District, the conservation of property values, and the direction of building development in accordance with a comprehensive plan; and shall not involve substantial detriment to the public good nor substantially impair the intent and purpose of the zone plan and of this Ordinance.

To grant a permit, in appropriate cases, where the lot of the appellant, as such lot existed at the time of the effective date of this ordinance, lies across the boundary of two (2) Districts, for the extension into one (1) District of a lawful conforming use permitted in the other District, but for a distance not exceeding fifty (50) feet measured at right angles to such District boundary.

To grant a permit for the enlargement or extension of a nonconforming use, building or structure on the lot occupied by such use, building structure at the effective date of this ordinance, provided such enlargement or extension was arranged, intended or designed for such nonconforming use at the effective date of this ordinance; and further provided that such enlargement or extension shall not exceed in all fifty (50) percent of the fair market value of such existing use, building or structure at the effective date of this ordinance.

To grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure used for a nonconforming use, to an extent exceeding in aggregate cost seventy-five (75) percent of the replacement cost of such building or structure.

To grant a certificate of occupancy for a change in a nonconforming use, provided that the Board shall have made a determination that such change will be beneficial to the general neighborhood, and further provided that such change be made subject to such reasonable conditions and safeguards as the Board may stipulate.

To grant a variance modifying the side yard requirements on the side street frontage of a corner lot, in cases where such requirements would unduly reduce the buildable width of such corner lot.

To waive the requirements of Section 240-30 for accessory parking areas, in whole or in part, in a case involving lack of need for such parking areas, where the lot is within five hundred (500) feet of a public parking area owned or operated by the municipality or by a public parking Authority, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.

To waive the requirements of Section 240-30 for accessory parking areas, in whole or in part, after making a finding that the normal application of such requirements is infeasible, because the lot has too restricted an area, unusual dimensions, shape, or topographical character.

To permit a reduction in the number of parking spaces in accessory garages or parking areas originally provided and installed pursuant to the requirements of Sections 240-20 or 240-30, in cases where proof is furnished to the Board that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, number of employees, or change in other factors determining the demand for parking spaces, the proposed reduction will be consistent with the requirements of said Sections 240-20 and 240-30.

To grant a temporary Building Permit for a period not to exceed one (1) year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, and a real estate office located on a tract of land where individual properties are being offered for sale; provided that such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building or structure upon expiration of such permit; and further provided that such permit shall be subject to such reasonable conditions as the said Board shall determine to be necessary to protect the health, safety, and general welfare of the community. Such permit may be renewed annually, at the discretion of the Board, over a period not to exceed three (3) years.