Orange City Zoning Code
ARTICLE XIII
Site Plans
§ 383-116 General.
The following regulations shall apply to the submission and administrative approval of site plans for the establishment of certain uses of land, buildings, and other structures as specified in each district. All provisions of this section are in addition to other provisions applicable in the district in which the use is to be located.
§ 383-117 Application.
Uses, activities and structures requiring a formal site plan in accordance with the provisions of the Orange zoning regulations shall conform to the following:
A.
Statement of use. The applicant shall submit a written narrative describing the proposed use, activity or structure(s) in sufficient detail to determine compliance with these regulations, including but not limited to the site plan requirements of Article XIII, the special use standards of Article XIV, the performance standards of Article XVII and the landscaping standards of § 383-123 and throughout the Orange zoning regulations.
B.
Basic site plan.
(1)
The applicant shall submit a map drawn to a scale of 40 feet to the inch or other scale as approved by the ZEO containing the following information unless any of the following is waived under the provision of Subsection F:
(a)
A site location map showing all adjacent parcels and the location of structures and vehicular and pedestrian access ways;
(b)
Property lines, contours or ground elevations using datum specified by Town Engineer;
(c)
All existing and proposed structures;
(d)
All signs, lighting and outdoor illumination;
(e)
All streets, driveways, walkways;
(f)
Off-street parking and loading spaces and loading docks;
(g)
Watercourses, swales, and drainage easements;
(h)
Existing and proposed storm drainage, including dry wells, curtain drains, piping, catch basins, detention and retention facilities;
(i)
Sanitary sewage disposal or septic system details;
(j)
Public water or private well details;
(k)
Any existing or proposed watershed protection buffers or conservation easements along stream belts;
(2)
The basic site plan shall be prepared and signed and sealed by a professional engineer or professional architect as appropriate, licensed to practice in the State of Connecticut.
C.
Architectural design plan.
[Amended 9-20-2005]
(1)
Submission of architectural design plans shall be required for each of the following proposals:
(a)
For modifications to exterior elevations/facades exceeding 10% of the total area of any exterior elevation/facades that are parallel to or within 45° of being parallel to a public street;
(b)
For modifications to other exterior elevations/facades exceeding 50% of the total area of such exterior elevation/facade;
(c)
For any building enlargements exceeding 500 square feet of floor area; and
(d)
For all new buildings and structures.
(2)
The applicant shall submit architectural design plans consistent with the intent to promote traditional forms and designs that will complement and enhance the community, with particular emphasis on the nature and character of the immediate neighborhood of the subject site. The overall design theme shall be one that:
(a)
Integrates land, buildings, infrastructure and environment and thus promotes the health, welfare and public safety of the community; and
(b)
Preserves and improves the visual appearance of the community;
(c)
Promotes and protects the prosperity of the community;
(d)
Preserves the special character of the community;
(e)
Promotes a harmonious development pattern;
(f)
Preserves light, sight and sound barriers;
(g)
Provides for the appropriate relationship of land, buildings, environment and people; and
(h)
Does not contain design elements which may adversely impact adjoining properties.
D.
Architectural design plan components.
(1)
The architectural design plan will include the following components:
(a)
Architectural and elevation drawings at a scale to be specified by the ZEO of all buildings, structures and appurtenances, prepared by an architect licensed to practice in the State of Connecticut.
(b)
Exterior elevation drawings of all sides of buildings and structures.
(c)
Floor plans.
(d)
Color, texture and composition of all facing, facades, and appurtenances.
(e)
The relationship of the buildings to the site and its natural and man-made environment.
(2)
Applicants are encouraged to submit color renderings and views from all four directions at a distance of 200 feet.
E.
Architectural design standards. The Town Plan and Zoning Commission shall consider the following standards and criteria when reviewing the architectural and design considerations of a site plan:
[Amended 9-20-2005]
(1)
The site plan, architectural design and construction materials, lighting and landscaping are of such character that they will complement and enhance the appearance of the community;
(2)
Proposed structures relate harmoniously to the natural environment, community and topographical conditions;
(3)
Reasonable provision has been made for sound and sight buffers, the preservation of views, light and air, and such other elements of design as may have an adverse impact on adjacent properties and the community at large;
(4)
Signage, lighting and landscaping are coordinated in an overall design theme;
(5)
It is the policy of the Town of Orange to ensure that the design and appearance of all buildings in the commercial and industrial districts be reflective of a high quality, appropriate for contemporary and future development patterns. The regulations also recognize the commercial and industrial zoning districts regulate a relatively small area of the Town, but one which is the economic center of the Town, and offers many people and businesses the impression of the Town. Therefore, the Commission finds that special architectural regulations for the construction of commercial and industrial structures are within the interest of the overall health, safety and welfare of the residents of the Town. Therefore, all construction of buildings within the commercial and industrial zoning districts of the Town of Orange shall conform to the following architectural design standards as determined by the Town Plan and Zoning Commission.
[Amended 2-21-2006; 11-20-2012]
(a)
Overall standards.
(b)
Industrial zones. The following standards shall apply to all property within the Light Industrial 1, Light Industrial 2, Light Industrial 3, Light Industrial 4 and Light Industrial 5 zones.
[1]
All facades of buildings that are parallel to or within 45º of being parallel to a public street, a substantial portion of the area of all siding material on the wall, in the opinion of the Commission, shall consist of quality wood siding, brick, stone masonry siding material, or any other material deemed suitable by the Commission. For purposes of such determination, the area of siding on any wall shall consist of its total exterior wall area minus the area of all windows, doors and roof eaves, overhang canopies and similar roof treatments.
[2]
The balance of these and other exterior walls may consist of other materials approved by the Commission, such as split-faced block, other finished masonry, painted masonry blocks, pre-cast concrete panels, stucco, drivit, and other materials deemed appropriate by the Commission. The use of asphalt shingle, grooved plywood siding treatments, or similar materials is prohibited; however, the use of cellular PVC trim may be used at the discretion of the Commission.
[3]
Notwithstanding the above, the Commission, in its sole discretion, may allow a clearly identified expansion wall, intended to be removed within five years, to be constructed of an approved alternative material.
(6)
Building materials shall be brick, stone, and wood, including narrow-width siding, clapboards or wood shingles unless otherwise determined by the Plan and Zoning Commission;
(7)
All screen walls and other devices used to screen service areas, utility facilities, mechanical system features and components and other such features from direct view shall reflect or complement the building materials and finished in a manner complementary to the overall architectural design.
(8)
Wherever feasible and practical, mechanical equipment shall be concealed or enclosed within a structure or ground-mounted and screened. Any necessary rooftop mechanical equipment shall be screened from view by parapet walls or other appropriate screening. Where flat roof areas can be viewed from above, care shall be taken to group together, to the extent feasible and practicable, all roof vents, pipes, mechanical equipment, etc., and painted to match the roof color to minimize their appearance.
(9)
Mechanical equipment shall be concealed within the roof or enclosed within a structure;
(10)
The design is compatible with the Town Plan of Conservation and Development;
(11)
The landscape treatment provided enhances architectural features;
(12)
Monotony of design is discouraged. Long, expansive walls shall be appropriately articulated and/or visually divided into smaller units or panels.
(13)
Monotony of design is discouraged;
(14)
Site and building lighting blend and complement the overall design theme;
(15)
Signs have appropriate scale and proportion subject to the size limitations of these regulations.
F.
Professional architectural consultation to the Commission. If in the opinion of the Plan and Zoning Commission a proposed development is of significance to the appearance of the Town of Orange, it may retain an architect to review and comment on the proposal. Such review will be at the expense of the applicant.
G.
Traffic impact report.
[Amended 10-5-2004]
(1)
For site plans involving 50 or more new parking spaces or proposed uses projected to generate either more than 200 vehicle trips per day or more than 100 vehicle trips per day per 1,000 square feet of floor area, a traffic report impact report prepared by a Connecticut licensed professional engineer with traffic engineering expertise shall be submitted.
(2)
The traffic report shall include as a minimum all impacted intersections and roadways and include the following:
(a)
Current roadway and intersection conditions.
(b)
Existing traffic volumes during the peak hours.
(c)
An accident analysis of the study area roadways and intersections.
(d)
Expected average daily vehicular trips and peak hour volumes to be generated by all of the proposed uses on the site.
(e)
The average daily vehicle trips and peak hour volumes that would be generated by the most intensive use allowed by right for the site by zoning ordinance.
(f)
Distribution of generated traffic for the roadway network, including vehicle approach and exit routes.
(g)
Level of service LOS and capacity of the study area roadways and intersections and the site access points prior to development.
(h)
Level of service LOS and capacity of the study area roadways and intersections and the site access points after development.
(i)
Recommended improvements both on and off site to address any level of service LOS reductions anticipated by the proposal as well as recommended improvements to improve any existing substandard or undesirable LOS conditions.
(j)
Vehicle queue analysis for critical lane movements in study area intersections.
(k)
An analysis of truck traffic and any provisions made to ensure the safety of residents.
(l)
Include in all analysis the impact of any proposals approved but not yet constructed in the study area.
H.
Soil erosion and sediment control plan. A soil erosion and sediment control plan in accordance with the provisions of Article XXI shall be submitted.
I.
Other site plan requirements. The Commission may request the submission of such additional information that it deems necessary in order to decide on the application. The Commission, upon written request by the applicant, may also by resolution waive the required submission of all or part or the information required under Subsections B through I if the Commission finds that the information is not necessary in order to decide on the application.
§ 383-118 Procedure.
Upon receipt, the Zoning Enforcement Officer shall transmit the site plan and application for a certificate of zoning compliance to the Commission. Within 60 days after receipt of a complete site plan and application by the Commission, it shall either approve, approve subject to modifications, or disapprove the site plan. The applicant may consent in writing to any extension of the time for action. The Commission, in its records, shall state the grounds for disapproval of a site plan. In the event of failure of the Commission to act within the sixty-day period, or as such period may be extended, the Zoning Enforcement Officer shall enforce the standards specified in § 383-119A(1) through (5).
§ 383-119 Standards.
The Commission shall approve the site plan if it conforms to the following standards:
A.
General standards. The proposed site plan shall make adequate provision for:
(1)
Pedestrian safety. Provisions shall be made for pedestrian safety, including, without limitation, the following:
(a)
Sidewalks shall be installed to provide safe pedestrian access to any building or structure from the parking areas on the site and to minimize pedestrian use of the driveways and parking areas to obtain access to the buildings or structures on the site. Unless the Commission determines that pedestrian safety is otherwise adequately provided for, sidewalks shall be installed along the entire side of any building or structure on the site in which is located an entrance or exit to or from the building or structure and along any vehicular driveway on the site if it is contemplated that pedestrians must utilize such driveway to obtain access to the building or structure. Such sidewalks shall not be less than four feet in width, shall be elevated four to six inches above adjoining parking or driveway areas, shall be graded to be as flat as reasonably practicable, and shall abut the building or structure unless the Commission determines that adequate provision is made for pedestrian safety without requiring such abutment.
(b)
An open aisle, in which parking is prohibited, shall be maintained in that portion of the parking area directly opposite, or which abuts the sidewalk directly adjacent to, any entrance or exit in any building or structure on the site, which aisle shall be at least as wide as the wider of:
(c)
Sufficient entrances and exits to all buildings and structures on the site shall be located to provide reasonable safe and convenient access to parking areas on the site.
(2)
Drainage.
(a)
Subsurface drainage, including, without limitation, catch basins or trench drains, as appropriate shall be installed so as to avoid the flow and accumulation of water and the creation of ice in parking and driveway areas, and the discharge of water onto the streets or adjoining property.
(b)
Prior to the approval of any site plan, all necessary approval shall be obtained from the owners of property over which any drainage from the lot shall flow or on which it shall be discharged, and, in addition., approvals of the Inland Wetland Commission or other appropriate agency shall be obtained when required.
(3)
Traffic access and circulation. Provision shall be made for vehicular access to and from the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and on the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot. Access and circulation shall also conform to the following:
(a)
The street giving access to the lot shall have traffic carrying capacity and roadway improvements and traffic management facilities that are sufficient to accommodate the amount and type of traffic generated by the proposed use, taking into account access to existing uses along the street and existing traffic and traffic projected to the date of occupancy of the lot.
(b)
Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage road driveways and traffic signals and management devices within the street. Such improvements shall be installed in accordance with the requirements of the Orange Police Commission or the Connecticut State Traffic Commission or Department of Transportation, as applicable.
(c)
Improvements along the street frontage of the lot, including, without limitation, turning lanes, shoulder improvements, drainage, curbing, sidewalks and grading, shall be designed and located to insure safe access to and egress from the lot, including adequate sight lines and sight distances lot vehicles on the street and vehicles using the access and egress driveways for the lot.
(d)
Turning radii of driveways, both on the lot and connecting to streets, shall be designed so as to accommodate the types of vehicles expected on the lot and to facilitate traffic flow upon the lot and ingress and egress to and from abutting streets. Access and egress driveways at the street and into the lot shall have grades that conform to the standard cross section for the street and suitable transition grades, not exceeding 4%, into the lot.
(e)
Buildings, structures, parking spaces and circulation driveways shall be located on the lot in such a manner as to avoid traffic congestion, including the queuing of vehicles on any street. Parking spaces on the lot shall be designed and located to provide for maneuvering of vehicles in access aisles and to minimize maneuvering in circulation driveways.
(f)
Where topographic and other conditions are reasonably usable, provision shall be made for circulation driveway connections to or extensions from adjoining lots having similar existing or potential use when such driveway connection will facilitate fire protection services, as approved by the Town Fire Marshal; and/or when such driveway will enable the public to travel between two existing or potential uses, open to the public generally, without need to travel upon a street. Where suitable access or a system of traffic circulation in the vicinity of the lot would be facilitated, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.
(g)
When alternate access to the lot is available, use of local residential streets to provide access to the lot shall be avoided.
(h)
There shall be no more than one driveway connection from any lot to any street, except that separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion and additional driveway connections, particularly for but not limited to large tracts and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection. Driveways shall not exceed 30 feet in width at the street line, or such lesser width as will be sufficient to accommodate the traffic to be generated, unless a greater width is required by the Orange Police Commission or by the State of Connecticut.
(4)
Emergency services. Provisions shall be made for emergency services and facilities, including, without limitation, the following:
(a)
Fire lanes shall be installed in accordance with the requirements of the Fire Marshal.
(b)
Access lanes to, from, and on the site shall be designed and located to provide emergency vehicles with safe and speedy access to the site and to any building or structure on the site.
(c)
Fire hydrants shall be installed if required by and in accordance with the specifications of the Fire Marshal.
(5)
Site lighting. Provisions shall be made for lighting of the site, which shall be designed, be located on the site in such manner, and be of such amount as to ensure sufficient visibility on the site at all times to maximize pedestrian and vehicular safety on the site without undue adverse effect on the use and enjoyment of neighboring properties by their owners.
(6)
Architectural design and landscaping. The Commission shall determine that provisions have been made to comply with the architectural and design standards and requirements and the landscaping requirements of the regulations.
§ 383-120 Compliance with regulations.
The proposed use, buildings and other structures, signs and parking and loading spaces shall conform to all of the requirements of these Regulations.
§ 383-121 Outdoor storage and outdoor displays.
[Amended 1-6-2015]
A.
Purpose. The purpose of this section is to regulate temporary outdoor sales, display, and storage. The intent of these regulations is to limit outdoor uses except for specific circumstances where conditions can be met to ensure that such outdoor uses do not obstruct pedestrian or vehicle circulation or create the unsightly appearance of unrestricted clutter.
B. MERCHANDISE OUTDOOR DISPLAY OUTDOOR DISPLAY AREA OUTDOOR STORAGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Goods and commodities that can be bought and/or sold. For the purpose of this section, merchandise shall include only items that can be bought and sold on site.
An outdoor arrangement of merchandise, typically not in a fixed position and/or capable of rearrangement, designed and used for the display of merchandise or tangible property sold or rented within the principal business. Displayed merchandise shall not exceed a height of seven feet above the ground, except for individual freestanding merchandise such as sheds, which shall not exceed 12 feet in height. For purposes of this definition, outdoor storage of merchandise is excluded. Goods, merchandise or products stacked on pallets and/or wrapped in packing materials such that the items are not readily available for the public for immediate retail sale shall be considered outdoor storage and not outdoor display.
Areas shall be measured in a regular geometric form. The area between outdoor displays shall be included in the calculation of the outdoor display area.
Storage of materials or merchandise outdoors for a period greater than 24 hours, including items for sale, lease, processing, repair and equipment for use by a business. For purposes of this definition, approved enclosed storage areas are excluded.
C.
Commercial Districts. In C-1 and C-2 Districts, outside displays and outdoor storage shall be limited as follows:
(1)
The outdoor display of merchandise shall be permitted only by special permit approved by the Town Plan and Zoning Commission and are subject to the following:
[Amended 12-6-2022; 8-15-2023]
(a)
Stand-alone buildings or a space in multi-tenant shopping plazas occupying more than 40,000 square feet may maintain an outdoor storage or display area that shall not exceed 200 square feet in total.
(b)
Outdoor displays and outdoor storage shall be permitted only as accessory uses on the same lot as a permitted or special use, and shall not be operated as a separate business.
(c)
Outdoor display areas shall not be located in any public or private right-of-way.
(d)
Outdoor display areas may be located on concrete, asphalt or brick-paved areas and shall not be located on lawn areas or landscaping areas.
(e)
Where an outdoor display area is located on a sidewalk and/or walkway, an unobstructed portion of the sidewalk and/or walkway measuring not less than six feet in width shall be continuously maintained for pedestrian access and no point of access or egress from any building or any individual unit with any building shall be blocked at any time.
(f)
Parking. Outdoor display areas may be located within existing parking spaces but only if there are a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as required by § 383-172. If the Town Plan and Zoning Commission determines that the standards of § 383-178A(1) are met, then the outdoor display may be permitted for a period not to exceed four months. Outdoor display areas shall not be located within handicapped-accessible parking spaces, stormwater or loading areas.
(g)
Impact on visibility. No outdoor display shall obstruct visibility in any area where there is vehicular traffic, whether within a parking lot or along a public or private right-of-way.
(h)
Public safety. Vehicular traffic shall not be permitted to pass through the location of an outdoor display area. If an outdoor display area is located within a parking lot, then barriers deemed necessary and appropriate by the Town Plan and Zoning Commission, such as fencing, may be required. The Town Plan and Zoning Commission may require the use of a traffic control officer, if, in its judgment, it deems it necessary.
(i)
All outdoor displays shall be maintained in a neat, orderly and safe manner. Failure to do so may result in a revocation of the permit by vote of the Town Plan and Zoning Commission.
(j)
Permit required.
[1]
No outdoor display area shall be installed, erected, operated or used prior to receiving a permit from the Town Plan and Zoning Commission.
[2]
Applications for permit shall be in writing on the form prescribed by the Town Plan and Zoning Commission. The following information shall be submitted with each application:
[a]
A site plan indicating:
[i]
The exact location and dimension of the proposed outdoor display;
[ii]
The property lines;
[iii]
The distance of the proposed outdoor display to the property lines;
[iv]
The location and dimension of all structures existing on the site (including the primary building, all accessory buildings and all existing fencing);
[v]
The easements; and
[vi]
The street lines, driveways, sidewalks and walkways.
[b]
A written description of the general types of items to be displayed and the maximum height of the items.
[c]
The gross floor area of the primary building or tenant space to which the outdoor display is to be accessory.
[d]
A list of the dates or range of dates for which the outdoor display is proposed.
[3]
Fee. An application fee of $750 shall be paid at the time the application is submitted.
D.
Light Industrial Districts 1, 2 and 3.
(1)
In Light Industrial Districts 1, 2 and 3, outside storage areas shall:
(a)
Not extend into the area required for setback from a property line, street line or Residential District boundary line; and
(b)
Not exceed 15% of the area of the lot; and
(c)
Be enclosed (except for necessary access drives) by buildings and/or fences, walls, embankments or evergreen shrubs or trees where necessary to screen the storage area from view from any residential lot or from any street.
(2)
In Light Industrial Districts 1, 2 and 3, outside displays and outdoor storage shall be limited as follows:
(a)
The outdoor display of merchandise shall be permitted only by special permit approved by the Town Plan and Zoning Commission and are subject to the following:
[1]
Outdoor displays and outdoor storage shall be permitted only as accessory uses on the same lot as a permitted or special use, and shall not be operated as a separate business.
[2]
Outdoor display areas shall not be located in any public or private right-of-way.
[3]
Outdoor display areas may be located on concrete, asphalt or brick-paved areas and shall not be located on lawn areas or landscaping areas.
[4]
Where an outdoor display area is located on a sidewalk and/or walkway, an unobstructed portion of the sidewalk and/or walkway measuring not less than six feet in width shall be continuously maintained for pedestrian access and no point of access or egress from any building or any individual unit with any building shall be blocked at any time.
[5]
Parking. Outdoor display areas may be located within existing parking spaces but only if there are a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as required by § 383-172. If the Town Plan and Zoning Commission determines that the standards of § 383-178A(1) are met, then the outdoor display may be permitted for a period not to exceed four months. Outdoor display areas shall not be located within handicapped-accessible parking spaces, stormwater or loading areas.
[6]
Impact on visibility. No outdoor display shall obstruct visibility in any area where there is vehicular traffic, whether within a parking lot or along a public or private right-of-way.
[7]
Public safety. Vehicular traffic shall not be permitted to pass through the location of an outdoor display area, unless such area is fenced and gated, and access of a vehicle is permitted by the owner or employee of the business. If an outdoor display area is located within a parking lot, then barriers deemed necessary and appropriate by the Town Plan and Zoning Commission, such as fencing, may be required. The Town Plan and Zoning Commission may require the use of a traffic control officer, if, in its judgment, it deems it necessary.
[Amended 6-2-2015]
[8]
All outdoor displays shall be maintained in a neat, orderly and safe manner. Failure to do so may result in a revocation of the permit by vote of the Town Plan and Zoning Commission.
[9]
Permit required.
[a]
No outdoor display area shall be installed, erected, operated or used prior to receiving a permit from the Town Plan and Zoning Commission.
[b]
Applications for permit shall be in writing on the form prescribed by the Town Plan and Zoning Commission. The following information shall be submitted with each application:
[i]
A site plan indicating:
[A]
The exact location and dimension of the proposed outdoor display;
[B]
The property lines;
[C]
The distance of the proposed outdoor display to the property lines;
[D]
The location and dimension of all structures existing on the site (including the primary building, all accessory buildings and all existing fencing);
[E]
The easements; and
[F]
The street lines, driveways, sidewalks and walkways.
[ii]
A written description of the general types of items to be displayed and the maximum height of the items.
[iii]
The gross floor area of the primary building or tenant space to which the outdoor display is to be accessory.
[iv]
A list of the dates or range of dates for which the outdoor display is proposed.
[c]
Fee. An application fee of $750 shall be paid at the time the application is submitted.
E.
Flood-prone areas. Flood-prone areas. No outside storage area or outdoor display area shall be located in a flood-prone area or within 25 feet of any stream, or watercourse.
§ 383-121.1 Outdoor food establishment seating.
[Added 6-7-2022]
A.
Outdoor dining/seating is allowed, as of right, as an accessory use to a food establishment, as defined by Conn. Gen. Stat. § 19a-31i, in accordance with the provisions of Public Act 21-2 § 182, other applicable sections of the general statutes, and the provisions stated herein.
B.
No outdoor dining/seating shall be established on any property until an application for administrative site plan review has been filed and approved by the required department heads. The application shall include a detailed site plan, lighting plan, and permission from the property owner and/or management company. The site plan must be reviewed by public safety officials, including the fire department, police department, Town Sanitarian, and WPCA Administrator. Written approval and comments from these departments must be obtained prior to submitting the application. The site plan must also show the number and location of all tables and seats that will be provided. If outdoor dining/seating is proposed on a common area of a shopping center, adjoining businesses must be notified of the application. The site plan must comply with the provisions of Public Act § 182(c). An annual renewal of the permit will be required, and unless changes from the original site plan have been made, this review will be done by the Zoning Enforcement Officer for the Town of Orange.
C.
The outdoor dining/seating area must be kept clear of litter, maintained in a safe and sanitary condition and employ measures to minimize noise and/or other disturbance to surrounding residential parcels. Any seating located in a public access walkway shall be made available to the general public and not limited to food establishment patrons.
D.
Outdoor patron seating area must be protected from vehicular traffic. Outdoor seating shall not obstruct any entries, exits, permitted signs, utilities. A minimum five-foot clear walkway must be maintained between the dining/seating area and any exits or entries.
E.
Outdoor tables, umbrellas and other fixtures must be secured or weighted to protect from movement during high wind conditions.
F.
At establishments where alcohol is served, the outdoor patron seating area must be surrounded by a fence or wall with a minimum height of four feet.
G.
Food and/or drink preparation and/or storage are prohibited in outdoor seating areas.
H.
Parking requirements for the outdoor patron seating area is eight parking spaces per 1,000 square feet. An applicant may request a waiver of this provision if sufficient evidence can be provided that additional parking is not needed for patron parking, and parking required for other establishments on the same parcel.
I.
Outdoor area is intended for seated patrons. The total number of patrons in the outdoor seating area shall not exceed 10% of the maximum capacity for any food establishment.
J.
Any food establishment that adjoins residential property, or is within a residential zone, cannot engage in outdoor food and beverage services before 11:00 a.m. and after 9:00 p.m.
§ 383-122 Parking and loading.
Off-street parking and loading spaces shall be provided in accordance with the standards of Article XVIII and the following:
A.
Location and arrangement. In addition to the location requirements specified in § 383-172, parking spaces and access aisles shall be located and arranged to enable effective utilization of the spaces required, so as to avoid queuing in the street and parking of vehicles in access aisles, circulation driveways and landscaped areas, taking into account the nature of the uses on the lot, the proportion of use of spaces by employees and by patrons, the location at entrances to buildings, expected rate of turnover of parking space occupancy, sidewalks from the buildings to parking spaces, outdoor illumination, warning and traffic signs and convenience of vehicular circulation within parking areas.
§ 383-123 Landscaping.
Landscaping shall be provided and permanently maintained on the lot to conform to the requirements of §§ 383-127 and 383-128, and other requirements of this section, and the following:
A.
All portions of the lot not covered by buildings and other structures, outside storage areas, areas for off-street parking, loading and driveways and sidewalks shall be suitably landscaped with trees, shrubs, lawns or other suitable landscaping or, if not disturbed by filling, grading, excavation or other construction activity, may be left as natural terrain when having a location, size and shape that supports the landscaping plan for the lot. A limited use of washed gravel; ornamental brick or block or stone pavement is permitted as landscape treatment as approved by the Commission.
B.
No more than 50% of the area required for building setback from a street line may be used for access driveways and parking spaces and access aisles, and a strip of land not less than 20 feet in width along and adjacent to the street line shall be suitably landscaped but may contain sidewalks and may be crossed by access driveways.
C.
Notwithstanding the provisions of § 383-123B, when the street is the boundary of a Residence District, none of the area required in LSC, C, LI or BOP or LI-3 Districts for building setback from the street line of such street may be used for parking spaces and access aisles and a strip of land not less than 30 feet in width shall have suitable landscaping that includes evergreen trees at least eight feet in height at the time of planting and spaced in a staggered pattern to grow into a dense buffer screen; provided, however, that the setback area may contain sidewalks and may be crossed by access driveways.
D.
The area required for setback from a Residence District boundary shall be provided with a strip of land, not less than 30 feet in width along and adjacent to the Residence District boundary, which is either left in its natural stare if it provides adequate screening as determined by the Commission or shall be landscaped with evergreen trees at least eight feet in height at the time of planting and spaced in a staggered pattern to grow into a dense buffer screen. In LSC, C and LI Districts, no part of the thirty-foot strip may be used for access driveways and parking spaces and access aisles. In Design Districts, no part of the area required for setback from a Residential District boundary line may be used for access driveways and parking spaces and access aisles.
E.
Landscaped planting islands and borders shall be provided for all off-street parking and loading areas. Islands and borders shall consist of grass lawns, low shrubs, perennials, and trees. For any parking area with 30 or more parking spaces, one tree and one low shrub shall be provided for every 10 spaces or fraction thereof. The species of trees is subject to the review and approval of the Commission. Trees shall not have a caliper less than 2 1/2 inches, nor a height of less than 10 feet. Required trees and shrubs must be located in planting islands within the parking area, rather than on adjacent borders. Planting islands for required trees and shrubs shall not be less than 180 square feet nor have a minimum dimension less than eight feet.
F.
Off-street loading docks located in Design Districts shall be screened by means of fences, walls, embankments or evergreen shrubs or trees.
G.
All plant and other landscaping materials shall be provided in accordance with good landscaping practice and shall be subject to the approval of the Commission as part of the site plan. All plant materials shall be clearly located and identified on the site plan, and a plant listing shall be included, giving the botanical name, common name, height and/or caliper, eventual spread, quantity and spacing where appropriate. All landscaping specified on the site plan shall be maintained to carry out the design function intended, and specified plant materials which have failed shall be replaced with the same variety, or by other materials approved by the Commission, within 12 months.
§ 383-123.1 Lighting.
[Added 2-18-2003]
A.
All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to minimize objectionable light at the property lines and disability glare at any location on or off the property. The "maintained horizontal illuminance recommendations" set by the Illuminating Engineering Society of North America (IES) shall be observed. Lighting shall not exceed .5 footcandle at grade, at the property line.
B.
All lighting fixtures located within the parking area shall be full cut-off fixtures.
C.
Up lighting is prohibited. Externally lit signs, display, building, and aesthetic lighting must be lit from above and shine downward. Lighting that infringes on adjacent properties must be shielded to prevent direct glare and light trespass. The lighting must also be contained to the target area.
D.
All building lighting will be full cut-off or shielded. The upward distribution of light is not permitted.
E.
No direct light source, which is adjacent to residential property, shall be visible at the property line.
F.
All nonessential lighting will be required to be turned off after business hours. Only that lighting necessary for site security shall remain lit.
G.
Definitions:
(1)
DISABILITY GLARE — The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
(2)
FOOTCANDLE — A unit of measure for illuminance. A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
(3)
FULL CUT-OFF TYPE FIXTURE — A luminaire or light fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a ninety-degree, horizontal plane from the base of the fixture. Full cut-off fixtures must be installed in a horizontal position as designed.
(4)
HORIZONTAL ILLUMINANCE — The measurement of brightness from a light source, usually measured in footcandles or lumens, which is taken through a light meter's sensor at a horizontal position.
(5)
LIGHT TRESPASS — Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.
(6)
UP LIGHTING — Any light source that distributes illumination above a ninety-degree horizontal plane.
(7)
U. RATIO — Uniformity ratio, describing the average level of illumination in relation to the lowest level of illumination for a given area. Example: U. ratio = 4:1 for the given area, the lowest level of illumination (1) should be no less than 1/4 or "4 times less" than the average (4) level of illumination.
H.
Lighting plan. For site plan submissions where parcels are in excess of 25,000 square feet, a lighting plan must be submitted. The plan must be prepared and sealed by a licensed Connecticut engineer, or the following certified lighting professionals: Association of Energy Engineer's (AEE) Certified Lighting Efficiency Professional, National Council on Qualifications for the Lighting Professions' (NCQLP) Lighting Certification. It shall display all fixture locations, fixture arrangement, types, U. ratios, and footcandle illuminance at five-foot intervals on the affected property.
I.
Municipal street lighting is excluded from these regulations.
§ 383-124 Building and paving.
In Light Industrial District #2 and the Design Districts, the ground coverage of all buildings, structures, outside storage areas and paved parking and loading areas on any lot shall aggregate no more than the following:
A.
Maximum total coverage as a percentage of lot area shall be not more than 65%.
§ 383-125 Underground utilities.
On any lot, all new electric, telephone and cable television wires shall be installed underground unless the Commission determines that underground installation is inappropriate or unfeasible due to the type of service in the street serving the lot or topographic and construction conditions.
§ 383-126 Soil erosion and sediment control.
Provision shall be made for soil erosion and sediment control in accordance with the standards of Article XXI.
§ 383-127 Neighborhood.
The site plan and architectural plans shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community.
§ 383-128 Plan of conservation and development.
The site plan and architectural plans shall be in conformance with the purpose and intent of the plan of conservation and development adopted by the Commission for the area in which the use is to be located, and the site plan shall provide for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.
§ 383-129 Completion.
All of the site work shown on the proposed site plan shall be completed within 24 months after the approval of the site plan by the Commission, or site approval shall become null and void. The Commission may grant reasonable extensions of that time upon any application made within the original time period or permitted extension thereof upon a showing of good cause as to why the site work was not completed.
§ 383-130 Bond.
As a condition to the approval or an applicant's site plan, the Commission shall require the applicant to file with the Commission a bond in form acceptable to the Commission, in such amount and with such surety or collateral as the Commission deems sufficient, when such a bond is necessary to insure that any work done on or development of the applicant's site shall be in accordance with the requirements of this Article XVIII and any other requirements of the Commission.