3.1 Schedule: "Schedule A - Permitted Uses" is hereby declared to be a part of these Regulations. Land, buildings and other structures in a district shall be used for one or more of the uses specified in Schedule A as permitted in the district. Uses listed in Schedule A are permitted or prohibited in accordance with the following designation and procedure:

"P" means a use permitted in the district as a matter of right.

"E" means a use permitted in the district, subject to the securing of a SPECIAL EXCEPTION from the Board of Appeals as provided in Section 6.

"S" means a use permitted in the district, subject to compliance with the additional standards set forth in Section 7 and administrative approval of a SITE DEVELOPMENT PLAN by the Planning Commission as provided in Section 14.

"ES" means a use permitted in the district, subject to a) compliance with the additional standards set forth in Section 7 and administrative approval of a SITE DEVELOPMENT PLAN by the Planning Commission as provided in Section 14 and b) the securing of a SPECIAL EXCEPTION from the Planning Commission in connection with such SITE DEVELOPMENT PLAN as provided in Section 7.

"X" means a use prohibited in the district.

3.2 Prohibited Uses: It is understood that any use not included in Schedule A as a permitted use in a district is prohibited in such district. To assist in the interpretation of such permitted uses, the following uses, the list of which is not intended to be exhaustive, are specifically prohibited:

3.2.1 Amusement parks, race tracks, drive-in movies, miniature golf and golf driving ranges; junk yards, except those operated by the Town of Southbury by contract or otherwise as adjunct to a Town program of solid waste disposal.

3.2.2 Trailers, except in accordance with applicable ordinances of the Town of Southbury, provided however that no trailer shall be located in a Flood Plain District.

3.2.3 Ammonia, chlorine or bleaching powder manufacture; blastfurnace; creosote treatment and manufacture; fur manufacture; distillation of coal, petroleum, refuse, grain, wood or bones; explosive manufacture or storage; glue, size or gelatine manufacture; grain drying; commercial incineration; reduction, storage or dumping of slaughter house refuse, fats, garbage, dead animals or offal raw hides or skin storage, cleaning, curing, or tanning; soap manufacture from animal fats; sulphurous, sulphuric, nitric, picric, carbolic, or hydrochloric acid manufacture; or any similar use; The above shall not apply to crematories approved under these Regulations operating with all required governmental permits and approvals.

3.2.4 Motor vehicle service stations and/or repair garages including those serving trucks, when such stations and/or garages have a storage on the lot of more than 12,000 gallons of diesel fuel.

3.2.5 Sales and/or display of merchandise in or from any motor vehicle or any other vehicle which is or may be mounted on wheels and propelled either by its own power or by another power-driven vehicle to which it may be attached, whether such vehicle is located on a lot or within the street lines of any public or private street, except such sales and/or display as may be specifically authorized by Town Ordinance; any outside storage, as defined in Par. 7.2.9, located within the street lines of any public or private street.

3.2.6 Motor vehicle washing facility (car wash), either self-service or with mechanical equipment, that is available to the public generally and is not an adjunct to a motor vehicle use listed on Line C-10 of Schedule A.

3.2.7 Drive-thru window service and take-out window service of food and/or beverage to customers outside an enclosed building in connection with any restaurant.

3.3 Additional Standards: The following are requirements applicable to particular uses listed on SCHEDULE A - PERMITTED USES and are supplementary to or in addition to requirements set forth elsewhere in these Regulations:

3.3.1 Dwelling Unit - Office and Customary Home Enterprise: A professional or business office and customary home enterprise in a dwelling unit, or a building accessory thereto, are activities conducted for gain and to which the public is invited or may visit in the conduct of the activity. Such uses shall conform to the following standards and are additional uses for which an APPLICATION for a ZONING PERMIT and a CERTIFICATE OF ZONING COMPLIANCE are required:

a.

The person or persons conducting the office or home enterprise shall be a member of the family occupying the dwelling unit; there shall be no more than one (1) non-family member or non-resident person engaged in the office or home enterprise activity at any time.

b.

The floor area used for such office or home enterprise shall not exceed an area equal to 25% of the floor area of the dwelling unit, as defined in Par. 1.7, or 600 square feet, whichever is less.

c.

No finished consumer goods shall be acquired outside the dwelling unit for sale on the premises in connection with such office or home enterprise.

d.

There shall be no evidence of any office or home enterprise outside the building in which it is located, except one (1) sign of the type permitted under Par. 10.4.1c and identifying only the name of the office or home enterprise and the activity conducted.

e.

The office or home enterprise and the conduct thereof shall not impair the residential character of the premises nor impair the reasonable use, enjoyment and value of other residential property in the neighborhood.

f.

The APPLICATION for a ZONING PERMIT shall be signed by the person or persons proposing to conduct the office or home enterprise and shall be accompanied by a detailed description of the proposed use and a disclosure statement concerning toxic or hazardous materials, as set forth in Par. 14.2.2a(vi). Each CERTIFICATE OF ZONING COMPLIANCE shall automatically terminate when the applicant no longer resides in the dwelling unit.

3.3.2 Accessory Dwelling Units: An Accessory Dwelling Unit, or ADU, is defined as an incidental and subordinate dwelling unit located on the same parcel of land as a principal single-family dwelling. An Accessory Dwelling Unit (ADU) may be permitted subject to issuance of a zoning permit by the Zoning Enforcement Officer and in accordance with the following standards:

Additional Standards:

a.

The owner of the dwelling must occupy either the primary dwelling or the ADU.

b.

The ADU cannot be located on a lot which is part of a common interest community.

c.

Annual certification shall be provided to the Zoning Enforcement Officer certifying the ADU is being used in compliance with these regulations.

d.

No additional curb cuts may be created to serve an ADU.

e.

Additional documentation to be submitted with an application for a zoning permit:

i.

an affidavit signed by the owner of the premises and affirming intent that either the primary dwelling or the ADU is to be occupied by an owner of the premises as the principal place of residence;

ii.

certification from the Health District that the water supply and sewage disposal systems serving the premises, either existing or any proposed construction or modification thereof, conform to current State Sanitary Code requirements and are adequate to serve both the primary dwelling and the ADU;

iii.

competent sketches, architectural drawings and/or photographs with dimensions and floor areas showing interior and exterior building plans including any alterations.

3.3.3 Additional Standards: A medical facility, where diagnosis imaging services and/or therapeutic radiology services are also provided by a mobile motor vehicle unit on the premises shall conform to the following standards:

a.

The person or persons providing the diagnostic imaging services and/or therapeutic radiology services shall be employed by the medical facility or working under the direction and control of the medical facility on the premises.

b.

1.

Mobile Motor Vehicle permitted to operate on premises for three (3) days or less. The following shall apply to a mobile motor vehicle unit on the premises that is providing diagnostic imaging services and/or therapeutic radiology services for three (3) days or less on the premises: Only one (1) mobile motor vehicle unit providing diagnostic imaging services and/or therapeutic radiology services shall be permitted on the premises. The unit shall not be stored on the premises and shall only be allowed to visit the premises for a period up to and not to exceed three (3) days per week. For purposes of this regulation, a week shall be measured from 12:00 p.m. Sunday to 12:00 p.m. of the following Sunday.

2.

Mobile Motor Vehicle Unit permitted to be stored and operated on the premises for seven (7) days. The following shall apply to a mobile motor vehicle unit on the premises that is permitted to provide diagnostic imaging services and/or therapeutic radiology services for seven (7) days on the premises and the mobile motor unit is stored on the premises: Only one (1) mobile motor vehicle unit providing diagnostic imaging services and/or therapeutic radiology services shall be permitted on the premises. The mobile unit can be operated and stored on the premises for seven (7) days a week for a limited period of time not to exceed one (1) year, however, upon application submitted to the zoning enforcement officer, the Zoning Commission may extend the permitted time period of operation if the commission determines that the circumstances and criteria related to the initial approval of operation have not changed. The mobile unit shall not be altered, changed, or reconfigured so as to take on the characteristics of a permanent structure. The purpose of this standard is to permit the operation and storage of a mobile diagnostic and/or therapeutic imaging unit in a fixed location for a limited period of time. Each medical facility seeking to provide diagnostic imaging services and/or therapeutic radiology services using a mobile unit has unique circumstances. Therefore each medical facility seeking to provide diagnostic imaging services and/or therapeutic radiology services for a full week through the use of a single mobile unit stored on the premises shall be carefully considered on an individual case by case basis taking into account potential detrimental effects to the public safety, property values, and the appearance of the community.

c.

The mobile motor vehicle unit providing diagnostic imaging services and/or therapeutic radiology services shall be located on the premises at least fifty (50) feet from any public street that is adjacent to the premises, shall observe all other setbacks, and shall be reasonably and adequately screened and hidden in a manner that does not impair the character of the premises or any adjacent premises. The mobile motor vehicle unit shall not cause any noise which is objectionable due to volume, intermittence, beat, frequency, or shrillness to be transmitted outside the premises. The mobile motor vehicle unit shall not impair the reasonable use, enjoyment and value of other property in the neighborhood.

d.

The mobile motor vehicle unit shall be located on the premises so as not to be a hazard to traffic or pedestrians, to obstruct any door, window, ventilation system or fire escape or exit or to cause any other hazard to the public health or safety.

e.

The mobile motor vehicle unit shall be located on the premises in a sufficient and suitable area that does not interfere with any of the off-street parking areas as required by Section 9.4.6.

3.3.4 Wildlife Rehabilitation: Structures and lots used for wildlife rehabilitation shall conform to the following standards:

a.

Accessory structure to include cages shall not exceed a total of one hundred thirty (130) square feet when located on lots of less than five (5) acres. Cages on lots of less than five (5) acres shall not exceed a height of eight (8) feet. Accessory structures to include cages shall not exceed a total of six hundred (600) square feet when located on lots of five (5) acres or larger. Cages on lots of five (5) acres or larger shall not exceed a height of fifteen (15) feet. Accessory structures and cages shall be located to the side or rear of the principal structure. Cages shall not be located within required setback areas.

b.

All enclosures shall be designed and constructed to meet or exceed the standards established by the National Wildlife Rehabilitators Association. Cages shall be double walled with a minimum spacing of six (6) inches between walls. All cages shall be padlocked.

c.

The wildlife rehabilitator must be an authorized "Wildlife Custodian" appointed by and subject to all pertinent regulations of the Connecticut Department of Environmental Protection, Bureau of Natural Resources, Wildlife Division and shall reside on the premises.

d.

The Zoning Permit issued under this section shall require an annual inspection of the premises by the Zoning Enforcement Office to ensure compliance with all pertinent regulations.

(Ord. of 7-13-05, §§ 1, 2; Ord. of 5-1-15, § 1; Ord. of 10-14-20)

SCHEDULE A—PERMITTED USES

(Ord. of 3-22-07, §§ 1, 2; Ord. of 7-19-07; Ord. of 6-19-08; Ord. of 12-10-08; Ord. of 11-9-11, § III; Ord. of 10-18-12(2), § II; Ord. of 9-11-13; Ord. of 5-1-15, § 3; Ord. of 5-9-15(1); Ord. of 12-9-15(1); Ord. of 10-14-20; Ord. of 8-3-23(1), § 3; Ord. of 6-11-25(1))