Orange City Zoning Code
ARTICLE I
General Provisions and Administration
§ 383-1 Jurisdiction.
Within the Town of Orange, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered except in conformity with these Regulations. No lot or land shall be subdivided, sold, encumbered or conveyed so as:
A.
To make said lot or land nonconforming or more nonconforming to these Regulations;
B.
To make any use, building or other structure nonconforming or more nonconforming;
C.
To reduce any setback, yard, open space, or off-street parking and loading spaces to less than is required by these Regulations; or
D.
To make any nonconforming setbacks, yard, open space or off-street parking and loading spaces more nonconforming.
§ 383-2 Certificate of zoning compliance.
No building or other structure, or part thereof, shall be constructed, reconstructed, enlarged, extended, moved or structurally altered until an application for a certificate of zoning compliance has been approved by the Zoning Enforcement Officer. No land, building or other structure, or part thereof, shall be used or occupied, or changed in use, until an application for a certificate of zoning compliance therefor has been approved by the Zoning Enforcement Officer and until a certificate of zoning compliance therefor has been issued by the Zoning Enforcement Officer certifying conformity with these Regulations. No certificate of zoning compliance however, is required for a farm, forestry, truck garden or nursery use when no building or other structure is proposed. All applications for a certificate of zoning compliance shall be submitted and approved in accordance with the provisions of §§ 383-3 through 383-11 and all certificates shall be issued in accordance with said section.
§ 383-3 Zoning Enforcement Officer.
[Amended 10-15-2024]
There should be a Zoning Enforcement Officer who shall be appointed by the Commission and whose term of service and compensation shall be established by such Commission. The Zoning Enforcement Officer may also be the Building Inspector of the Town of Orange if so appointed. The Zoning Enforcement Officer shall have the responsibility and authority to enforce the provisions of these Regulations in accordance with any administrative rules and procedures established by the Commission. The Zoning Enforcement Officer shall also have the responsibility and authority to approve applications for a certificate of approval and shall issue certificates of approval when he determines that all requirements of General Statutes § 14-54 have been met. The Commission may appoint deputy zoning enforcement officers to assist and act for the Zoning Enforcement Officer. No application for certificate of zoning compliance shall be approved and no certificate of zoning compliance, order or other zoning enforcement document shall be issued unless signed or countersigned by the Zoning Enforcement Officer or a deputy zoning enforcement officer.
§ 383-4 Application for certificate of zoning compliance.
A.
Application for a certificate of zoning compliance shall be submitted to the Zoning Enforcement Officer prior to construction, reconstruction, extension, enlargement, moving or substantial alteration of any building or other structure and prior to the use or occupancy of any land, building or other structure. The application shall be accompanied by a plan drawing in duplicate, drawn to scale and showing the following:
(1)
Exact dimensions, area, radii and angles or bearings of the lot;
(2)
The height, dimensions, use, floor area, ground coverage and location of all buildings and other structures, whether existing or proposed;
(3)
The location, area and dimension of off-street parking and loading spaces, any barriers required in connection therewith and the means of access to such spaces;
(4)
The location of any existing or proposed wells and private sewage disposal systems;
(5)
The location, area and dimensions of any outside storage areas, site development and landscaping features that are subject to the provisions of these Regulations;
(7)
Such additional information as may be necessary to determine compliance with the provisions of these Regulations.
B.
In addition, the application shall be accompanied by other plans, drawings, data and statements necessary to determine compliance with the provisions of these Regulations.
§ 383-5 Special plans.
In addition to the requirements of § 383-4 and where required by these Regulations under Articles III through XI, site plans, architectural plans and other special plans and drawings shall be submitted with the application for a certificate of zoning compliance. A site plan, incorporating all of the information required to be shown on the plan drawing specified in § 383-4 may be substituted for such plan drawing.
§ 383-6 Fees.
Each application for a certificate of zoning compliance shall be accompanied by a fee paid to the Town of Orange. All fees are to be determined by the Town Plan and Zoning Commission.
§ 383-7 Referrals.
The following referrals, made by the Zoning Enforcement Officer, are applicable to particular applications for certificate of zoning compliance:
A.
When such application may be approved only after approval of a site plan under Article XIII or approval of a special use, temporary special use, special exception or other action of the Commission or Zoning Board of Appeals as specified in these Regulations, a copy of such Application and related applications required by these Regulations shall be referred to the Commission or Board upon receipt.
B.
A copy of any plot plan showing measures for soil erosion and sediment control or of a soil erosion and sediment control plan shall be referred to the Town Engineer or the New Haven County Soil and Water Conservation District for technical review and advisory opinion and for certification in accordance with Article XXI.
§ 383-8 Approval and issuance of certificate of zoning compliance.
The Zoning Enforcement Officer shall approve applications for a certificate of zoning compliance and shall issue certificates of zoning compliance when he determines that all requirements of these Regulations have been met, as well as any additional conditions or restrictions imposed by the Commission or the Zoning Board of Appeals. If deemed necessary to determine compliance with these Regulations or any additional conditions or restrictions imposed, and before issuance of a certificate of zoning compliance, the Zoning Enforcement Officer may require the applicant to furnish measurements of any construction features subject to the requirements of these Regulations, including setback distances, which measurements shall be prepared and certified by a land surveyor licensed to practice in the State of Connecticut. Within 10 days after notification by the applicant that the premises are ready for occupancy, or within 10 days after receipt of the certified measurements if required, or, in the case of a use requiring site plan approval pursuant to Article XIV within 10 days after an "as-built" site plan prepared in accordance with the formal requirements of §§ 383-117B and 383-133B, as appropriate, and demonstrating compliance with the action of the Commission on said application for site plan approval or special use has been submitted to the Zoning Enforcement Officer, the Zoning Enforcement Officer shall issue or deny a certificate of zoning compliance. One copy of the plan drawing or drawings shall be returned by the Zoning Enforcement Officer to the applicant when the application for a certificate is approved. The following additional requirements shall apply to the approval of applications and the issuance of certificates:
A.
Sanitation: Where a proposed use or proposed building or other structure involves the installation, extension, relocation or reconstruction of a private sewage disposal or water supply system, no application for a certificate of zoning compliance shall be approved until plans for such system have been approved by the Director of Health of the Town of Orange or his authorized agent or until the use or building or structure has been provided with connections to a municipal sanitary sewer and/or public water supply system.
B.
Conditions: Any maps, plans, documents, statements, and stipulations submitted to and approved by the Commission or Zoning Board of Appeals in connection with a site plan, special exception, variance or other action of such Commission or Board, shall be conditions for approval of an application for a certificate of zoning compliance by the Zoning Enforcement Officer and issuance by him of a certificate.
C.
Temporary permit: If, in his judgment, the public health and safety will not be impaired, the Zoning Enforcement Officer is authorized to issue a temporary certificate of zoning compliance, having a duration of not more than six months, for the temporary use of land, buildings and other structures in the process of improvement and completion in accordance with an approved application for a certificate of zoning compliance.
D.
Other permits: Approval of an application for a certificate of zoning compliance or the issuance of a certificate shall not be construed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain any permit thereunder.
E.
Soil erosion and sediment control: When a proposed use, building or other structure or site development involves a disturbed area of 1/2 acre or more, or otherwise when provision for soil erosion and sediment control is required by these Regulations, no application for certificate of zoning compliance shall be approved until a soil erosion and sediment control plan in connection therewith has been certified in accordance with Article XXI and no certificate of zoning compliance shall be issued until the soil erosion and sediment control measures have been completed in accordance with the certified control plan.
§ 383-9 Inspections.
The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any land, building or other structure to determine compliance with these Regulations. No certificate of zoning compliance shall be issued until the Zoning Enforcement Officer has inspected the land, building or other structure involved to determine that the use and/or the buildings or other structures conform to these Regulations and any additional conditions or restrictions imposed by the Commission or the Zoning Board of Appeals or constitutes a nonconformity as defined in § 383-13B of these Regulations.
§ 383-10 Orders.
The Zoning Enforcement Officer is authorized to issue a stop-work order if in his judgment the use of land, building or other structures or the construction, reconstruction, enlargement, extension, moving or structural alteration of a building or other structure are not being carried out in compliance with these Regulations; he shall withdraw such order when he determines that there is compliance with these Regulations. The Zoning Enforcement Officer is authorized to order in writing the remedying of any condition found to be in violation of these Regulations.
§ 383-11 Records.
The Zoning Enforcement Officer shall keep records of all fees, all applications and certificates of zoning compliance, all identifiable complaints of any violation of these Regulations, all inspections made under these Regulations and all notices of violation served by him and the action taken thereon.
§ 383-11.1 Performance bonds.
[Added 6-19-2001]
A.
The Commission shall, if required by these regulations, or deemed necessary by the Commission, require a performance bond, in form and amount acceptable to the Commission, or its designated agents, to guarantee performance and completion of all streets, driveways, parking areas, sidewalks, storm drainage systems, retention and detention ponds and/or basins, sewer systems, utility services, landscaping, soil erosion and sediment control, and other essential site improvements, in accordance with the application and plans as approved by the Commission. Said bond shall be sufficient to insure performance of all off-site roadwork, or other improvements within the public right-of-way or other easements and rights-of-way, which improvements are necessary to the use and enjoyment of the property as approved.
B.
Bond amount. The bond shall be in an amount equal to the total of itemized estimate of the cost of the specific improvements to be bonded plus an additional 15% to cover contingencies. The bond may be in the form of a certified check payable to the town, or an irrevocable letter of credit issued by a banking institution acceptable to the Commission having its principal office in the State of Connecticut, which letter of credit shall have no expiration except upon written notice to the Commission, whereupon the Commission shall have the right to draw upon the letter of credit without further requirement and shall further be in form and content acceptable to the Commission and the Town Attorney. Said bond shall be posted with the town, in accordance with the approval by the Commission, for a period set by the Commission not less than the time limit within which the applicant has to complete all improvements.
C.
Partial release. Upon written request of the applicant for reduction or release of the bond, the site shall be inspected by the Town Engineer and/or other appropriate Town officials to determine all of the conditions of approval have been met and if all required site improvements have been satisfactorily completed in accordance with the approved plans. Before the release of any bond, the Commission may require the applicant to submit an "as built" plan, certifying that all of the required site improvements have been installed in accordance with the approved plans. Based on the findings, the Commission may authorize the reduction or release of said bond and the subsequent issuance of a certificate of zoning compliance. At the time of determination that all bonded improvements have been completed, the Commission shall retain an amount equal to 10% of the itemized amount for landscaping for an additional period of one year to ensure replacement of any shrubs or trees that have died or grass or other ground cover that has died or not grown during that period.
§ 383-12 Zoning Board of Appeals.
A.
Authority: The Zoning Board of Appeals shall have all of the powers and duties prescribed by the General Statutes of the State of Connecticut and by these Regulations, which powers and duties are summarized and more particularly described below, provided however that none of the following summary and description is deemed to alter the powers and duties of the Board as prescribed by law.
B.
Powers and duties: The Zoning Board of Appeals shall have the following powers and duties:
(1)
Decide appeals: To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer. Such appeals shall be made within 15 days of the decision of the Zoning Enforcement Officer by the person, firm, corporation or entity to whom said decision has been directed.
(2)
Vary the application of the Regulations: To determine and vary the application of the Zoning Regulations in harmony with their general purpose and intent and with the due consideration for the plan of development and for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land where owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of the regulations would result in exceptional difficulty or unusual hardships, so that substantial justice will be done and the public safety and welfare secured. Financial hardship alone shall not be considered an exceptional difficulty or unnecessary hardship.
(3)
Use variances: Use variances may be granted except in the following cases:
(a)
To authorize in a Residence District a use of land, buildings or other structures, or the enlargement or extension of a use, that is otherwise permitted only in a Commercial, Local Shopping Center, Business Office Park or Light Industrial District; and
(b)
To authorize a use of land, buildings or other structures that is prohibited in all districts in the town; provided however
(c)
Where a use of land, buildings or other structures is permitted in a district subject to administrative approval of a site plan by the Commission, a variance in connection with such use may be granted only after submission and action on a site plan in accordance with the provisions of Article XIII; and
(d)
Where a use of land, buildings or other structures is prohibited in a district but is permitted in another district subject to administrative approval of a site plan by the Commission, a variance to permit such use may be granted only after submission and action on a site plan in accordance with the provisions of Article XIII, but no such variance shall be granted contrary to the provisions of Subsection B(3)(a).
C.
Procedures:
(1)
Applications: All applications and appeals to the Zoning Board of Appeals shall be filed in a form prescribed by the Board and shall be accompanied by a fee as established by the Board.
(2)
Mailing to adjoining owners: Apart from the hearing notice required by the CT General Statutes, it shall be the administrative procedure of the Zoning Board of Appeals to send by first class mail a copy of the hearing notice to the owners of lots adjacent to and directly across the street from the lot for which an application has been made, such owners being those identified in the application. The mailing, which shall be made at least 10 days prior to the date of the hearing, is a courtesy and is not a substitute for nor intended as notice requirement under the CT General Statutes.
(3)
Public hearing: The Zoning Board of Appeals shall hold a public hearing on all applications and appeals after due notice and within the time prescribed by the CT General Statutes.
(4)
Board action and referral: Action on all requests, applications or appeals shall be taken by the Zoning Board of Appeals in compliance with the time limits set forth in the CT General Statutes. The Board may attach reasonable conditions to the granting of variances to insure compliance with the purpose and intent of the Zoning Regulations.
§ 383-13 Nonconformity.
A.
Intent: It is the intent of these Regulations that nonconformities are not to be expanded, that they should be changed to conformity as quickly as the fair interest of the owners permit and that the existence of any existing nonconformity shall not of itself be considered grounds for the approval of a variance for any other property.
B.
Definitions: A nonconforming use, building or other structure, or lot, is one which existed lawfully, whether by variance or otherwise, on the date these Regulations or any amendment hereto became effective, and which fails to conform to one or more of the provisions of these Regulations or such amendment hereto. No nonconforming use, building or other structure, or lot shall be deemed to have existed on the effective date of these Regulations, or any amendment thereto, unless:
C.
Approved applications and certificates: Unless otherwise specifically provided in these Regulations, nothing in these Regulations shall require any change in the use of any land, building or other structure, or part thereof, or in the area, location, bulk or construction of any building or other structure for which an application for a certificate of zoning compliance shall have been lawfully approved and any required certificate of zoning compliance shall have been lawfully issued even though such use, building or structure does not conform to one or more provisions of these Regulations or any amendment hereto.
D.
Change in plans: Subject to the time limitations of Subsection D(1), nothing in these Regulations shall be deemed to require any change in the proposed use of any land, building or other structure or the area, location, bulk or construction of any building or other structure for which an application for a certificate of zoning compliance has been lawfully approved and any required building permit shall have been lawfully issued even though such proposed use, building or other structure does not conform to one or more provisions of these Regulations or any amendment hereto.
(1)
Time limit: An approved application for a certificate of zoning compliance authorizing a proposed use, building or other structure that does not conform to one or more provisions of these Regulations or any amendment hereto, as described in this Subsection D, shall become null and void unless the use authorized thereby shall have been established within one year from the effective date of such Regulations or any amendment thereto when such use does not involve the establishment of a building or other structure for which an application for a certificate of zoning compliance must be approved or the use, building or other structure authorized thereby shall be established and completed within two years from the effective date of such Regulations or any amendment thereto. The Commission may grant extensions of such period each for an additional period not to exceed one year after public hearing for good cause demonstrated to the satisfaction of the Commission.
E.
Discontinuance: No nonconforming use of land which shall have been discontinued for a continuous period of 90 days or for a total of six months during any one-year period shall thereafter be resumed or replaced by any other nonconforming use; no nonconforming use of land and buildings or structures in combination which shall have been discontinued for a continuous period of six months or for a total of 18 months during any three-year period shall thereafter be resumed or replaced by any other nonconforming use. No nonconforming use of land, buildings or other structures which shall have been discontinued with intent to abandon said use shall thereafter be resumed or replaced by any other nonconforming use.
F.
Repair: Nothing in this section shall be deemed to prohibit work on any nonconforming building or other structure when required by law to protect the public health or safety, provided that such work does not increase the nonconformity. Nothing in this section shall be deemed to prohibit work on ordinary repair and maintenance of a nonconforming building or other structure or replacement of existing materials with similar materials.
G.
Enlargement: No nonconforming use of land shall be enlarged, extended or altered, and no building or other structure or part thereof devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, except where the result of such changes is to reduce or eliminate the nonconformity. No nonconforming use of a building or other structure shall be extended to occupy land outside such building or other structure or space in another building or other structure. No nonconforming building or structure shall be enlarged, extended, reconstructed or structurally altered, if the result would be an increase in nonconformity.
H.
Moving: No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a building or other structure shall be moved or extended to any part of the building or other structure not manifestly arranged and designed for such use at the time the use became nonconforming, and no building or other structure containing a nonconforming use shall be moved, unless the result of any such move is to end the nonconformity. No nonconforming building or structure shall be moved unless the result of such moving is to reduce or eliminate its nonconformity.
I.
Change: No nonconforming use of land, buildings or other structures shall be changed to any use which is substantially different in nature and purpose from the former nonconforming use except such uses that are permitted uses in the district in which they are to be located. No nonconforming use of land, buildings or other structures if once changed to conform or to more nearly conform to these Regulations shall thereafter be changed so as to be less conforming again. No nonconforming building or structure if once changed to conform or more nearly conform to these Regulations shall thereafter be changed so as to be nonconforming or less conforming again.
J.
Casualty: If any nonconforming building or other structure or any building or structure containing a nonconforming use shall be destroyed by fire or other casualty to an extent of more than 75% of its assessed valuation on the last completed tax assessment list of the Town of Orange, such building or other structure shall not be reconstructed or repaired and such use shall not be resumed unless the building, structure and use are made to conform in all respects to these Regulations. Where the destruction is 75% or less of its assessed valuation, as above determined, the building or other structure may be reconstructed or repaired and any nonconforming use resumed, provided that such reconstruction is started within a period of six months from such casualty and is diligently prosecuted to completion. In the event of failure to start such reconstruction or repair within a period of six months from such casualty and to complete the same within one year from such casualty, or within such additional periods, not exceeding six months each, as the Commission with due cause may grant upon written application made to it, the right under this paragraph to reconstruct or repair such building or other structure and the right to resume such nonconforming use shall be lost and terminated.
K.
Lots: A parcel of land, which existed on the effective date of these Regulations, and which fails to meet the area, shape or frontage or any applicable requirements of these Regulations pertaining to lots, may be used as a lot, and a building or other structure may be constructed, reconstructed, enlarged, extended, moved or structurally altered thereon, provided that all of the following requirements are met:
(1)
The use, building or other structure shall conform to all other requirements of these Regulations;
(2)
If used for a dwelling, the lot shall contain a minimum area of 10,000 square feet; and
(3)
If the parcel fails to meet the area requirements of these Regulations, the owner of the parcel shall not also be the owner of contiguous land which in combination with such parcel that fails to conform would make a parcel that conforms or more nearly conforms to the area requirements of these Regulations pertaining to lots.
L.
Title: No change of title, possession or right of possession shall be deemed to affect right to continue a nonconforming use, building or other structure.
M.
Performance standards: Any use, building or other structure which does not conform to one or more of the performance standards of Article XVII shall not be changed to increase such nonconformity but may be changed to decrease or eliminate such nonconformity. Any such nonconformity so reduced or eliminated shall not be resumed.
N.
Signs: Signs of a size or type not permitted in the district in which they are situated, or which are improperly located or illuminated, or which are nonconforming in any other way, shall be considered nonconforming structures under this section, and any increase in size, illumination or flashing of such signs shall be deemed to be a prohibited enlargement or extension constituting an increase in nonconformity.
O.
Off-street parking and loading: Any lot, use, building or other structure which does not conform to one or more of the parking and loading provisions of Article XVIII shall continue to conform to such provisions to the extent that it conforms on the effective date of such section. Any use of land, buildings or other structures which does not conform to one or more of the provisions of Article XVIII shall not be changed to a use which would need additional off-street parking or loading spaces to comply with the provisions of Article XVIII unless such spaces are provided as required for the new use under Article XVIII and unless all other applicable requirements of these Regulations are met.
§ 383-14 Definitions.
[Amended 2-17-2004; 6-21-2011; 10-4-2011; 4-2-2013; 3-20-2018; 2-5-2019; 5-7-2019; 6-7-2022; 9-20-2022; 7-1-2025; 12-2-2025]
A.
General: The paragraphs which follow define and explain certain words used in these Regulations. Other words used in these Regulations shall have the meaning commonly attributed to them. Doubts as to the precise meaning of words in these Regulations shall be determined by giving due consideration to the expressed purpose and intent of these Regulations.
B. BUILDING CANNABIS ESTABLISHMENT COMMISSION COMMUNITY TRAVEL CENTER COVERAGE BY BUILDINGS AND STRUCTURES DETACHED GARAGE DWELLING DWELLING, MULTIPLE UNIT DWELLING, SINGLE-FAMILY ATTACHED DWELLING UNIT DWELLING UNIT, AFFORDABLE DWELLING UNIT, SENIOR INDEPENDENT LIVING ELDERLY ASSISTED LIVING RESIDENTIAL FACILITY ELDERLY ASSISTED LIVING RESIDENTIAL FACILITY ELECTRIC VEHICLE ELECTRIC VEHICLE SHOWROOM FAMILY FARM WINERY FLOOR AREA, DWELLING OR DWELLING UNIT(1) (a) (b) (c) (d) (e) (f) (g) (2) FLOOR AREA, MAXIMUM FUN HOUSES, HAUNTED HOUSES AND OTHER SIMILAR ATTRACTIONS HALF-STORY HEIGHT IMPERVIOUS SURFACE JUNK YARD KENNEL LOT LOT AREA AND SHAPE(1) (a) (b) (c) (2) (a) (b) (c) (3) LOT, CORNER MIXED USE RESIDENTIAL DEVELOPMENT NONCONFORMING USE, BUILDING, STRUCTURE OR LOT OPEN SPACE, USABLE(1) (2) (3) (4) (5) (6) (7) OUTSIDE STORAGE PROFESSIONAL SCHOOL PROPERTY LINE, REAR PROPRIETARY COMMERCIAL OR TECHNICAL SCHOOL RESIDENTIAL DEVELOPMENT, MIXED USE RESTAURANT, INDOOR(1) (2) (3) SHORT-TERM RENTAL SIGN SMOKE SHOP SOIL EROSION AND SEDIMENT CONTROL PLAN STORY STREET STREET LINE STREET WIDTH STRUCTURE TOBACCO TOBACCO STORES TRAILERS(1) (2) VAPE SHOP VAPORIZER VETERINARY CLINIC VETERINARY HOSPITAL WATER COURSES WETLANDS
As used in this chapter, the following terms shall have the meanings indicated:
Any structure having a roof.
A producer, dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, product packager, delivery service or transporter.
The Town Plan and Zoning Commission of the Town of Orange, Connecticut.
A retail establishment, with more than 5,000 square feet but less than 9,000 square feet of gross floor area, providing the sale of gasoline, convenience goods, and food and beverage prepared on-site for "carry-out" or on-premise consumption. A community travel center shall provide indoor and outdoor dining/seating areas and electric vehicle charging stations, A community travel center may also include a drive-through and other outdoor amenities.
The aggregate ground coverage by buildings and other structures is measured from the outermost edge of the building or structure, projected to nadir but excluding any architectural projections that may be permitted to extend into the area required for setback from a street line, property line, or Residence District boundary line and also excluding buildings and structures that are completely below the finished grade of the lot.
A structure detached and separated from, and having no common wall with, the primary dwelling. A garage is permitted only to service the primary dwelling. It must not exceed 675 square feet. A larger ground coverage is permitted subject to approval of a special use in accordance with the provisions of § 383-26I(3)(a) and Article XIV. The garage must not exceed 15 feet in height. The garage must not be located within any easements on the property. The garage must be used by a resident of the property for the storage of vehicles, property maintenance equipment, and/or recreational equipment. The garage must contain functioning rolling door(s), or folding door(s), or swinging door(s) which can accommodate an automobile. The door(s) shall have a minimum dimension of seven feet in width. The exterior finish, roof, roof lines, and roof pitch of all structures exceeding 300 square feet shall match as closely as possible the exterior finish of the primary dwelling. With the exception of a bathroom, the garage must not contain any finished livable floor area.
A building containing one or more dwelling units.
A building used for occupancy by two or more families living independently of each other and containing two or more dwelling units. A detached residential building containing two or more dwelling units, including what is commonly known as an apartment building, but not including group, row, or townhouses.
One of two or more residential buildings having a common or party wall separating dwelling units. A building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses and duplexes.
A building or part of a building designed for occupancy, or so occupied, by one family. Accommodations occupied for transient lodging, including but not limited to in a hotel, motel or a recreational campground, shall not be considered to be a dwelling unit.
See Article XII.
A dwelling unit, including single-family attached and multiple family dwelling units which are permanently deed restricted in accordance with § 383-96.27, for use by occupants aged 62 and older.
A residential facility for assisted living as contemplated by Section 19-13-D105 of the Regulations of Connecticut State Agencies and the facility shall be managed by an Assisted Living Service Agency as defined in Section 19a-490(I) of the Connecticut General Statutes under a license issued by the Connecticut Department of Public Health under Section 19a-491 of the Connecticut General Statutes, as such statutes and regulations may be amended from time to time. Such facility shall be limited to those persons 62 years of age or older; or persons younger than 62 years of age with a physical or mental impairment which substantially limits one or more major life activities.
A residential facility for assisted living as contemplated by Section 19-13-D105 of the Regulations of Connecticut State Agencies and the facility shall be managed by an Assisted Living Service Agency as defined in Section 19a-490(l) of the Connecticut General Statutes under a license issued by the Connecticut Department of Public Health under Section 19a-491 of the Connecticut General Statutes, as such statutes and regulations may be amended from time to time. Such facility will be limited to those persons 62 years of age or older.
A vehicle powered solely by a battery and electric motor that produces no tailpipe emissions. Electric vehicles do not include hybrid electric vehicles or plug-in hybrid electric vehicles powered by a combination of a battery and fuel with an electric motor and internal combustion engine.
An establishment providing for the display and/or sale of electric vehicles (EV) of one or more manufacturers, not including hybrid or plug-in hybrid electric vehicles. An EV showroom may also provide electric vehicle charging stations, service and maintenance for electric vehicles, and indoor and outdoor display of electric vehicles, but shall not include inventory or storage of vehicles for sale.
A person or a group of related persons, plus guests and domestic servants thereof, or a group of not more than six persons who need not be so related, who are living as a single housekeeping unit maintaining a common household. A roomer or boarder to whom rooms are let and/or board is furnished as permitted by these Regulations shall not be considered a member of a family for the purpose of this definition.
Any place or premises, comprising a minimum of 10 acres on which fruit is grown and wine/wine products (limited to wine and brandies distilled from grape products and other fruit products, including grappa and eau-de-vie) are manufactured, stored and sold, meeting the permit requirements of Connecticut General Statutes § 30-16 (as amended) and applicable definitions and guidance of Title 22 (as amended) of the Connecticut General Statutes.
In determining compliance with minimum floor area requirements for dwellings and dwelling units, only finished livable floor area having a ceiling height of at least seven feet four inches shall be counted, except that in a half-story not more than 400 square feet of floor area may be counted, provided it has a ceiling height of at least five feet. The following shall not be included in the computation of finished livable floor area:
Garages;
Outside vestibules; bay windows;
Any basement rooms, the full walls of which are not above ground level;
Utility rooms for heating apparatus;
Attics;
Terraces; open porches; enclosed porches not heated by a central heating system for the dwelling; and
Hallways and other space designed for common use by occupants of two or more dwelling units.
Measurements of floor area for any dwelling or dwelling unit shall be taken from the inside surfaces of exterior walls or partitions enclosing the floor area. Any floor, other than a ground floor, must have access thereto by a permanent inside stairway to be included in computing floor area.
In computing the total floor area of all buildings and other structures on any lot to determine compliance with maximum floor area provisions, measurements of floor area shall be taken to the outside surfaces of exterior walls enclosing the floor area.
Any indoor or outdoor structure, facility, attraction and/or use, for the gathering of persons for the purpose of entertainment or amusement with the following design: The structure and/or use would include a maze, series of rooms, passageways, or labyrinth; where participants would “walk past” various devices, scenes, and theatrical productions, that would frighten, bewilder and/or amuse. This use is permitted only in the Residential RES District. Said uses shall not occur more than two calendar days per year at any location. Such uses require the approval of the Orange Fire Marshal, Zoning Enforcement Officer, and any other applicable municipal departments as determined by the Z.E.O.
That portion of a building between the surface of a sloping roof and the floor next below, in which the points of intersections of the bottom of the rafters with the interior surfaces of the walls are not less than four feet above the floor level, and which contains a floor area no greater than 50% of the area of the floor next below; not less than 50% of the half-story floor area shall have a ceiling height of at least seven feet four inches. For buildings with flat roofs, a half-story is the upper most story which contains a floor area no greater than 50% of the area of the floor next below.
In measuring the height of a building or other structure to determine compliance with the maximum height provisions, measurement shall be taken from the ground elevation datum consisting of the average elevation of the finished grade of the lot within 10 feet of, and around, the perimeter of the building or structure to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip, and gambrel roofs. A separate ground elevation datum is applicable to each building or structure on a lot. When any two buildings having different ground elevation datum are interconnected, such as by common areas, other floor area or other architectural features or structures, the ground elevation datum applicable to the interconnection is the same as the building having the lower ground elevation datum.
Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface shall include graveled driveways and parking areas. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
Includes any junkyard, motor vehicle junk business and motor vehicle junkyard as defined in the General Statutes of the State of Connecticut. The term shall also include any place of storage or deposit, whether in connection with a business or not, for one or more used motor vehicles which are either no longer intended, or in condition, for legal use on the public highways and shall also include any place of storage or deposit of used parts of motor vehicles and old metals, iron, glass, paper, cordage and other waste materials which on any lot have an aggregate bulk equal to one automobile.
Shall have the same meaning as defined in the General Statutes of the State of Connecticut and shall include commercial kennel as defined in such Statutes.
A parcel of land which is either:
In determining compliance with minimum lot area and shape requirements of these Regulations, land subject to conservation easements, sight easements and easements for drainage facilities, sanitary sewer facilities, public utility distribution lines and underground public utilities may be included, but no right-of-way for a street or highway, easement of vehicular access, private right-of-way for vehicles or easement for above ground public utility transmission lines may be included for compliance with minimum lot area and shape. The following are also applicable in determining compliance:
Area consisting of wetlands and watercourses, including ponds and lakes:
Shall not be used for compliance with more than 10% of the minimum lot area requirement specified in the district.
Shall not be used for compliance with more than 10% of the required minimum shape consisting of a square with the minimum dimension specified in the district.
In a residence district shall be excluded from lot area in determining eligible square footage of all building and other structures on the lot and eligible ground coverage by buildings and other structures on the lot.
Area consisting of slopes in excess of 25% grade, greater than 1,000 square feet, at predevelopment conditions:
Shall not be used for compliance with the minimum Lot area requirement specified in the district.
Shall not be used for compliance with the required minimum shape consisting of a square with the minimum dimension specified in the district; and
In a residence district shall be excluded from lot area in determining eligible square footage of all building and other structures on the lot and eligible ground coverage by buildings and other structures on the lot.
Land in two or more zoning districts may be used to satisfy a minimum lot area requirement provided that the requirement of the district requiring the largest lot area is met, but no land in a Residence District shall be used to satisfy a minimum lot area requirement or minimum lot shape requirement in any other district.
A lot having lot lines formed by the intersection of two streets, whether public or private, and where the interior angle of such intersection is less than 135°. A lot fronting on a curved street shall also be considered a corner lot if the central angle of the curve is less than 135°.
A development on one site consisting of residential dwelling units in combination with either retail use or office use, or in combination with both retail and office use.
See § 383-13B.
Space on a lot or parcel that is:
Unoccupied by principal or accessory buildings above the finished grade;
Unobstructed to the sky;
Not devoted to service driveways, service areas, off-street parking at finished grade or loading areas;
Devoted to landscaping, active or passive recreation and other like uses;
Made available in the same proportion to all occupants of the building or buildings on the lot or parcel;
Not classified as wetland; and
Does not exceed a 35% slope.
The outside storage or display of merchandise, supplies, machinery and materials and/or the outside manufacturing, processing or assembling of goods, but excluding areas for parking of registered motor vehicles in daily use.
An accredited school that awards advanced academic degrees (i.e., master's degree, MBA, Ph.D.) with the general requirement that students must have earned a previous undergraduate (bachelor's) degree.
Any property line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot, only one lot line shall be considered a rear property line.
A for-profit school providing post-secondary training in business, technical or commercial skills, including, but not limited to, information technology, computer repair, office administration, medical billing and coding.
Restaurants and other food and beverage service establishments where customers are served only when seated at tables or counters and all of the customer seats are located within an enclosed building. Such uses may include a food take-out service, by a special permit, incidental to the primary intended use, but shall not include the following:
Establishments where customers are served primarily at food take-out counters;
Establishments where customers are served at drive-through windows or by restaurant "car hop" employees outside of the enclosed structure; and
Establishments where customers are served in a manner intended for consumption of food at outside picnic or dining areas.
The use of a dwelling unit, in whole or in part, for transient lodging, for compensation, for less than 30 days.
See § 383-185.
A retail establishment where twenty percent (20%) or more of the floor area is dedicated to the sale of tobacco and related products containing tobacco, nicotine, cannabis (THC/CBD), flavorings, including E-Cigarettes, and paraphernalia and/or contains areas for the consumption of smokeable products. Cigar stores, lounge and/or bars are not meant to be included in this definition. For purposes of this definition, related products include, but are not limited products sold at Vape Shops.
See § 383-204, including related definitions.
That portion of a building between the surface of any floor and the surface of the floor, ceiling, or roof next above. When not used for human occupancy, penthouses enclosing mechanical equipment on the roof of a building and attics are not considered a story. When the ceiling of a basement is less than five feet above the ground elevation datum for the building, the basement is not considered a story; provided, however, that in a BOP District a basement used primarily for parking of motor vehicles may have a ceiling that exceeds such five feet of height over as much as 25% of the basement floor area and is not considered a story.
Any public way duly accepted by the Town of Orange, any state highway, except limited access state highway, or any street shown on a subdivision map approved by the Commission and filed in the office of the Orange Town Clerk.
The right-of-way easement or taking of any street or of any easement of vehicular access or private right-of-way 25 feet or more in width.
The distance between the street lines.
Anything constructed or erected which has a permanent location on the ground, or anything attached to something having a permanent location on the ground. The term "structure" shall include outdoor swimming pools, tool sheds, storage sheds, bath houses, wood piles in excess of 125 cubic feet, barns, garages and carports which are not permanently affixed to the ground. The term shall not include fences or walls six feet or less in height, necessary retaining walls, flagpoles or utility poles.
Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, chewing or pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other product or device that relies on vaporization or aerosolization; tobacco product also includes any component, part or accessory used in the consumption of a tobacco product such as filters, rolling papers, pipes, e-cigarettes, e-cigars, e-pipes, vape pens, e-hookahs and liquids used in the electronic smoking devices, whether or not they contain nicotine. Tobacco product shall not include drugs, devices or combination products approved by the United States Food and Drug Administration as a tobacco cessation product that is marketed and sold exclusively for the approved purpose.
See "Smoke Shop" definition.
Includes any vehicle or contrivance which is used, or designed for use, for human habitation and which is or may be mounted on wheels and which is or may be propelled, either by its own power or by another power-driven vehicle, and whether resting on wheels, jacks or a foundation, the term "trailer" shall include mobile home, camper and camp trailers used, or designed for use, for human habitation. The following additional provision shall apply to trailers:
On any lot, one trailer may either be parked or stored in a garage or other building accessory to a permitted use on the lot or parked or stored so as not to extend within less than 25 feet of any property line or within the area required for setback of accessory buildings from any street line. The owner of the trailer shall also be the owner or occupant of a dwelling or other permitted use on the lot.
A trailer may be used as an office in connection with and for the duration of a construction project on the lot where the trailer is located, provided that such trailer is located so as to meet all of the setback requirements for buildings and other structures and is removed within 30 days after completing the project. In no event shall a trailer used in accordance with this subsection be located on a lot for more than 90 days except upon the granting of a special use permit or unless such temporary use is part of an approved site plan.
A retail establishment where twenty percent (20%) or more of the floor area is dedicated to the sale of Vaporizers and their related products, including, but not limited to, nicotine, cannabis (THC/CBD), flavorings, and paraphernalia and/or contains areas for the consumption of Vaporizer products. Cigar stores, lounge and/or bars are not meant to be included in this definition. For purposes of this definition, related products include, but are not limited to products sold at Smoke Shops.
A device designed for the purpose of inhaling and exhaling vapor containing nicotine, cannabis (THC/CBD), and/or flavorings. Vaporizers include, but are not limited to, E-cigarettes, vapes, vape pens, dab pens, dab rigs, tanks, mods, pod-mods, hookah pens and electronic nicotine delivery systems (ENDS).
An establishment providing outpatient care for animals under the direct supervision of a licensed veterinarian. The care provided cannot include overnight stays or any radiographic use. The establishment cannot have outdoor enclosures for animals or store any medical gas in pressurized containers.
An establishment providing outpatient and inpatient care for animals under the direct supervision of a licensed veterinarian. Care provided can include overnight stays, the use of gas inhalation anesthesia and radiographic use. Veterinary hospitals cannot operate as a routine boarding facility.
Consists of water courses as defined in Chapter 381, Inland Wetlands and Water Courses Regulations, of the Town of Orange, as may be amended from time to time.
Consists of wetlands as defined in Chapter 381, Inland Wetlands and Water Courses Regulations, of the Town of Orange, as may be amended from time to time.
§ 383-15 Enumeration of districts.
[Amended 6-15-2010; 6-21-2011]
For the purpose of these Regulati ons, the Town of Orange is hereby divided into the following classes of districts:
District | Map Code |
|---|---|
Residence | RES |
Commercial C-1 District | C-1 |
Commercial C-2 District | C-2 |
Local Shopping Center LSC District | LSC |
Light Industrial District #1 | LI-1 |
Light Industrial District #2 | LI-2 |
Light Industrial District #3 | LI-3 |
Light Industrial District #4[1] | LI-4 |
Light Industrial District #5 | LI-5 |
Business Office Park District | BOP |
Office Park District | OP |
[1]
Editor's Note: The Light Industrial District #4 was added to this list pursuant to an ordinance adopted 2-5-2008.
§ 383-16 Zoning Map.
[Amended 9-17-2013]
The boundaries of the districts specified in § 383-15 are hereby established as shown on a map entitled "Zoning Map of the Town of Orange, Connecticut," dated September 25, 2013, including any special maps and boundary descriptions supplementary thereto and any amendments thereof, which map is hereby declared to be a part of these Regulations and is herein referred to as "Zoning Map."[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 383-17 Interpretation of Map.
Where a question arises as to the exact boundaries of a district shown on the Zoning Map, the Commission shall by resolution determine the location of the boundary, giving due consideration, among other factors, to the indicated location of the boundary on the Zoning Map, the scale of the Zoning Map and the expressed intent and purposes of these Regulations.
§ 383-18 Extension of use.
Where the boundary of a district divides a lot, the existence of which lot is evidenced by deed or deeds recorded in the land records of the Town of Orange on the effective date of these Regulations or on the effective date of any amendment of these Regulations establishing such boundary, the Commission may approve a special use authorizing a use of land, buildings and other structures permitted in one district to be extended into the other district for a distance of not more than 50 feet in accordance with the provisions of Article XIV.
§ 383-19 Permitted uses.
[Amended 10-4-2000; 11-3-2021; 9-20-2022; 3-8-2023; 1-21-2025; 7-1-2025; 12-2-2025]
A.
Uses: Land, buildings and other structures in any district may be used for one or more of the uses listed as permitted in the district under Articles III through XI. Uses listed as special uses are permitted in the district subject to the approval of the Commission in accordance with the provisions of Article XIV. To further assist in the interpretation of permitted uses, certain uses are listed as prohibited in a district, even though the listing of prohibited uses is not intended to be exhaustive; any use not specified as permitted in the district is prohibited. The following uses are specifically prohibited in all districts:
(1)
The use or occupancy of a trailer or tent as a dwelling; the parking or storage of a trailer except in accordance with the provisions of § 383-14.
(2)
Commercial kennels, commercial piggeries and mink farms.
(3)
The outdoor storage in any Residence District of any inoperable motor vehicle whether registered or not.
(4)
The outdoor accumulation or storage of trash, rubbish, debris, building materials, inoperable motor vehicles, parts of motor vehicles or construction equipment in such a manner as to be offensive to the sight of the general public or to adjoining owners, or depreciate the value of property other than the lot where the accumulation or storage is located.
(5)
Subject to the regulations contained herein, cannabis establishments are permitted in the Commercial C-1 District only and are prohibited in all other districts. No more than one cannabis establishment shall be permitted within the Town of Orange at any time.