West Hartford City Zoning Code
ARTICLE V
Administration
§ 177-38 Permits required.
§ 177-39 Certificate of occupancy.
A.
No structure or land or any part thereof shall hereafter be occupied or used or changed to another use until a certificate of occupancy shall have been issued by the Building Inspector, certifying that this chapter has been complied with in full, including any limitations or conditions attached to any special use permit, site plan approval or variance for the property covered by the certificate of occupancy. The Building Inspector shall issue a certificate of occupancy within 10 days after a request for the same shall have been filed in the Building Inspector's office by an owner or the owner's agent.
B.
The Building Inspector may issue a temporary certificate of occupancy for the period up to one year, if only a portion of a structure or land use is completed at the time the request for a certificate is made or if minor noncompliances exist at such time which can be corrected without impairing the use of the structure or land. In this case, the Building Inspector shall list all noncompliances and set a date by which they shall be corrected. A temporary certificate of occupancy may be renewed for periods up to six months if sufficient cause has been shown to the Building Inspector to warrant such an extension.
C.
A certificate of occupancy issued for the structure or use subject to a variance permitted by the Zoning Board of Appeals shall include a description of such variance and any conditions under which such variances were granted and shall further specify whether or not such variance constitutes a nonconformity.
D.
A certificate of occupancy issued for a structure or use permitted as a special permit use after approval by the Plan and Zoning Commission shall include any conditions under which such special permit use was granted.
E.
Upon written request from the owner or the owner's agent, the Building Inspector shall issue a certificate of occupancy for any structure or premises existing at the time of enactment of this chapter, certifying that the structure and the extent and kind of use made of the structure and premises comply fully with the provisions of this chapter. Wherever a nonconforming structure or use exists, the nonconformity shall be noted on the certificate of occupancy. Said nonconformity shall have been registered as required in § 177-37F before a certificate of occupancy shall be issued. Wherever the structure or use is subject to any limitations or conditions, they shall be noted on the certificate of occupancy.
F.
A record of all certificates shall be kept on file in the office of the Building Inspector, and certified copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected, upon payment of the required fee.
G.
The Building Inspector may require evidence of continuing compliance from the owner of all structures and uses for which certificates of occupancy have been issued. The Building Inspector shall make periodic inspections of all structures and land uses for which permits have been issued under site plan approval, special use permit or special development district plan to determine continuing compliance. If the owner refuses to furnish said evidence or if compliance with said permit has not continued, the Building Inspector shall proceed according to § 177-48B and, in addition thereto, may revoke said permits and certificates upon 15 days' written notice to said owner or permit holder; provided, however, that said owner or permit holder may appeal said revocation order to the Zoning Board of Appeals within said 15 days, and said revocation order shall be stayed until the decision of the Zoning Board of Appeals.
§ 177-40 Permits issued prior to Zoning Ordinance.
Permits for structures or uses issued prior to the enactment of this chapter or any amendments thereto, which permits are contrary to the provisions of this chapter, shall be null and void unless substantial work has been done toward the completion of the work or the establishment of the use authorized by the permit.
§ 177-41 Permit applications.
[Amended 10-28-1969; 11-15-1977; 9-27-1994; 5-10-2005; 5-13-2014]
A.
Applications made to Town Planner. All applications for required zoning permits shall be made to the Town Planner on forms provided by that office.
B.
Contents of application. An application for a zoning permit shall include the following:
(1)
At least three prints of a plot plan of the premises, drawn to scale, based upon Connecticut Geodetic Survey (CGS) datum and certified by a licensed surveyor or engineer and/or landscape architect, as appropriate under Connecticut registration regulations, showing the following:
(a)
The actual shape and dimensions of the lot.
(b)
The location, size and height of all existing and proposed structures.
(c)
The existing and proposed use of all existing and proposed structures and lot areas, if other than a one- or two-family residence.
(d)
The number of families, if any, each existing and proposed building is designed to accommodate.
(e)
The layout of existing and proposed parking and loading facilities and access thereto, including any parking barriers or walkways.
(f)
The type and location of any exterior lighting, including provisions for shading.
(g)
The type, size and location of all signs.
(h)
The type and location of any required screening or landscaping.
(i)
The location of waste disposal and recycling containers and the screening enclosures surrounding them, together with a statement of proposed method of sanitary waste disposal and recycling collection, which shall be subject to approval by the Director of Public Works pursuant to West Hartford Code of Ordinances § 94-5.
[Amended 9-13-2016]
(j)
Any proposed drainage facilities.
(2)
Such additional information as required by the Town Planner or by the Plan and Zoning Commission where a special use permit or site plan approval is required, where necessary to determine that the requirements of this chapter are met. The Town Planner may excuse compliance with requirements for specific information otherwise required on the plot plan where such compliance is not necessary to determine that the requirements of this chapter are met.
(4)
In any application where a boundary survey of the property is required, either of the following:
(a)
One copy of the plot plan described in Subsection B(1) of this section provided on such computer medium and in such computer program or language as may be established by the Director of Community Development from time to time; or
[Amended 10-7-2019]
(b)
An application, addressed to the individual or agency which has ultimate authority to approve the underlying application, for a waiver of the requirement to produce the computerized plot plan set forth in Subsection B(4)(a) of this section, setting forth, in detail, the reason(s) why compliance with that provision is impractical, unfeasible or impossible.
(5)
The applicant shall consent to receive formal communications from the Town of West Hartford relating to the application in electronic format and shall specify an e-mail address (or addresses) to which such communications may be delivered.
§ 177-42 Application approval procedure.
[Amended 10-28-1969; 11-15-1977; 7-25-1989; 10-12-19939-27-1994; 3-9-2004; 5-10-2005; 5-13-2014]
Applications for required permits shall be reviewed and acted upon as follows:
A.
Special use permit.
(1)
All special permit uses, identified as such in § 177-6B and C, are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case. Special permit uses shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth therein, in addition to all other requirements of this chapter.
(2)
The Town Planner shall refer applications for special use permits to the Planning Commission, which shall hold a public hearing and render a decision within the time periods set forth in C.G.S. § 8-7d, as that section may be amended or recodified from time to time. The Commission shall give notice prior to the date of the hearing by advertisement in a newspaper as required by state statute and by sending by mail a copy of such notice to the applicant and to the owners of all property adjoining the property which is the subject of such an application.
(3)
The applicant shall post a sign giving notice of his or her application in a conspicuous place on the property for which a special use permit approval is sought, visible from a public street. Said sign shall be posted seven days before the date of the hearing, shall remain in place until the public hearing and shall be removed not later than three days after the public hearing.
(4)
An applicant may request preliminary approval for a special use permit. In this case, the Planning Commission shall make a finding according to Subsection A(5)(a) only. The applicant shall be required to submit only such material as the Commission deems necessary to consider the application for preliminary approval. The procedure for preliminary approval shall be the same as the procedure for approval for a special use permit, except that Subsection A(6) shall not apply.
(5)
Findings of the Planning Commission.
(a)
The Planning Commission shall make a finding that each of the following standards is met and, where necessary, shall attach specific conditions to its approval of the special use permit if, in its opinion, such conditions are essential to making the finding that:
[1]
The location and size of the use, the nature and intensity of the operations connected with it, the size of the lot in relation to it and the location of the lot with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
[2]
The kind, location and height of all structures and the nature and extent of the landscaping on the lot are such that the use will not hinder or discourage the appropriate development and use of adjacent properties.
[3]
The parking, loading, trash and recycling facilities are adequate and properly located for the proposed use, and the entrance and exit driveways shall be laid out so as to achieve maximum safety.
(b)
Where the applicant has requested that a special use permit be issued in connection with uses which are temporary in duration, or should the use requested be temporary in nature, the Planning Commission may take the proposed duration of the permit into consideration in determining whether the findings listed above can reasonably be made. Should the Commission vote to approve the application, it shall specifically grant any such application for the time period requested by the applicant or consistent with the nature of the use requested.
(6)
Where the Commission finds it to be necessary or appropriate to do so, it may require the submission of a suitable performance bond to assure satisfactory completion of necessary improvements.
(7)
After the approval, the applicant shall submit to the Commission three black-and-white prints and one transparent print on permanent material of the plans as approved. The Commission shall file with the Town Planner one print of the approved plans with the approval noted thereon and a list of all conditions pertaining to the special use approval. One print of said plan and list shall be made available to the applicant.
(8)
Hearing.
(a)
In approving any special use permit, the Plan and Zoning Commission shall determine a date, not later than two years after the date of its approval, by which the applicant shall be required to appear at a hearing to report upon compliance with the conditions placed by the Commission upon its approval.
(b)
At the time of that hearing, the Commission shall hear from the applicant, Town staff and the public with respect to compliance with the approval and with the conditions placed by the Commission when the permit was approved, as well as problems or concerns which have arisen as a result of the project or the approval.
(d)
As a result of this hearing, the Commission shall determine whether or not further conditions should be imposed upon its approval in order to satisfy its obligations pursuant to Subsection A(5) of this section and, if it determines that such conditions are necessary, shall modify its approval accordingly. The Commission shall not have the power to revoke its permit as a result of this hearing but shall have the authority to direct the applicant and/or Town staff to take appropriate action to rectify any violations of its approval and conditions related thereto which are discovered during this review process.
(e)
The Commission shall not be entitled to further review of any special use permit subsequent to this process unless the use of the property or structures on it changes such that an amendment to the permit is necessary or appropriate.
(9)
Minor amendments.
(a)
The Town Planner may approve the following minor amendments to a previously issued special use permit, without Town Plan and Zoning Commission approval, provided that the application is found to be consistent with the original findings of the Commission and the intent of the permit, subject to the following requirements and limitations:
[1]
Accessory structures. The establishment or modification of an accessory structure which is incidental to the special use may be permitted, provided that the footprint does not exceed 250 square feet. This provision shall not apply to athletic field lighting.
[2]
Additions to buildings. Expansions of buildings associated with the special use which are not accessory structures may be permitted up to a maximum of 500 square feet or 10% of the existing building square footage, whichever is less.
[3]
Parking. The arrangement and the number of required parking spaces may be adjusted by up to five spaces or 10% of the required total, whichever is less.
[4]
Limitation. The Town Planner may not adjust elements of a special use permit such that limitations in the underlying zone or applicable standards are exceeded by said adjustment.
(b)
The Town Planner's approval of such minor amendment will not be effective until the day following the next regular meeting of the Commission (at which meeting said amendment approval shall appear on the Commission agenda), which meeting is at least 10 days following the Town Planner's notification of his or her decision of a minor amendment approval. The communication from the Town Planner shall state that the Town Plan and Zoning Commission may reject the approval. The Commission shall reject all applications for which a sign was not posted, in accordance with the requirements of § 177-46, at least seven days before the date of the Commission meeting.
(c)
If rejected, an application for a minor amendment to a previously issued special use permit shall be made and acted upon using the same procedure as required for initial applications.
(d)
The Town Planner may approve a specific application for a minor amendment pursuant to this section only once every six months, not including those instances in which the Town Plan and Zoning Commission reverses the Town Planner's decision.
B.
Site plan, lot split or lot line revision approval.
(1)
The Town Planner shall review applications requiring site plan approval and applications for lot split approval or lot line revision and shall approve, disapprove or approve with modification such proposed site plan, lot split or lot line revision within 65 days after having received all of the information described in § 177-41B for the application. The petitioner or applicant may consent to one or more extensions of the sixty-five-day period specified in this subsection, provided the total extension period shall not be for longer than 65 days. Any proposed site plan, lot split or lot line revision not acted upon within said sixty-five-day period, as said period may have been extended, shall be considered approved, provided that it conforms to all specific requirements of this chapter, and the Town Planner shall issue a certificate to that effect at the applicant's request.
(2)
In acting on a proposed site plan, lot split or lot line revision, the Town Planner shall determine that the requirements of this chapter are met in fact. In so doing, the Planner shall consult with the Director of Community Development on all matters regarding engineering and with any other Town official the Planner may deem necessary.
[Amended 10-7-2019]
(3)
After the approval, the applicant shall submit to the Town Planner three black-and-white prints and one transparent print on permanent material of the approved site plan, lot split or lot line revision. The Town Planner shall file one print of the approved site plan, lot split or lot line revision, with the approval noted thereon. One print of said site plan shall be made available to the applicant.
C.
All other permit applications.
(1)
Upon determination of the Town Planner that the proposed structure or use complies with this chapter, the Town Planner shall issue the required zoning permit. One copy of the approved plot plan shall be returned to the applicant with the approval and number of the permit noted thereon. A copy of the permit shall be displayed at the premises at all times until a certificate of occupancy has been issued. A copy of the approved plans shall be available for inspection at the premises during regular working hours.
(2)
Before the actual placement of the foundation of any structure, the contractor or owner shall stake out the location of the proposed foundation and supply the Building Inspector with a certificate by a licensed surveyor that the location of such foundation, or any part of a structure to be erected thereon, complies with the approved plot plan. Failure to supply said certificate shall automatically suspend the permit under which the work has been authorized, until said certificate has been supplied to the Building Inspector.
D.
Joint hearings.
(1)
Whenever any proposed development, or group of developments within the Town of West Hartford requires review and/or decision by any combination of the Town Council, Plan and Zoning Commission, Inland Wetlands and Watercourses Agency and/or Zoning Board of Appeals, those agencies may hold joint hearings with respect to some or all of the applications and/or other matters before them when it appears that such joint hearings may be beneficial.
(2)
Whenever practicable, consolidated notice of the joint hearing, whether by sign, mail or publication, shall be given; however, such notice shall be in accord with the requirements applicable to each of the applications and/or other matters to be considered. When the notice requirements applicable to the various applications in question are inconsistent such that consolidated notice is impracticable, each participating agency shall be responsible for providing separate notice of the hearing, but such notices shall identify the proceeding as a joint hearing.
(3)
The following procedures shall be applied to any joint hearings held pursuant to this subsection:
(a)
The Chairpersons of each participating agency shall determine in advance who shall chair the joint hearing.
(b)
A quorum of the membership of each participating agency shall be required to commence the hearing and shall be required at all times during the hearing. Procedural motions regarding the conduct of the hearing shall be decided by a majority vote of all persons present and participating in the hearing. All other procedural and substantive issues shall be decided separately by each participating agency with respect to each application and/or other matter which is the subject of the joint hearing.
(c)
An alternate member or members of any participating agency may be seated in lieu of a regular member or members thereof in accord with the procedures of that participating agency. Additional alternate members of any participating agency may participate in the hearing, at the discretion of the Chairperson of that participating agency, but such additional alternate members shall only participate in the deliberation and/or decision in the event that a seated regular or alternate member of that participating agency is unable to do so.
(d)
Notwithstanding any other provision in this Code of Ordinances to the contrary, any agency participating in a joint hearing which is required to provide a report, recommendation, decision and/or approval to any other agency with respect to any application and/or other matter which is the subject of the joint hearing may take such action and/or provide such report, recommendation, decision or approval at any time prior to final decision by the participating agency which is to receive said report, recommendation, decision and/or approval. In the event that any participating agency is required to close its hearing, is required to complete its decision or is otherwise required to terminate any step in the approval process with respect to one or more applications and/or other matters which are included in the joint hearing process, the Chair of that agency may declare the hearing to be closed with respect to those applications and/or other matters and the joint hearing process may continue with respect to all remaining applications and/or other matters.
(e)
The most current edition of Robert's Rules of Order shall be followed with respect to the procedure for the conduct of joint hearings. Where the circumstances surrounding a particular joint hearing process warrant the establishment of specific rules for the conduct of that hearing, however, the Chairs of each participating agency may agree upon such rules in advance of, or during the hearing process as the need therefor arises, in which case any such rules shall be announced upon the record of the hearing and shall be applied thereafter unless rescinded by agreement of the Chairs of the participating agencies.
(f)
Each participating agency shall meet separately to deliberate and decide the application(s) regarding which it has jurisdiction.
§ 177-43 Transit-oriented development. [1]
[Added 6-14-2022]
A.
Applicability.
(1)
This section shall apply to lots, as shown on the Official Zoning Map, within one-quarter-mile walking distance of either the Elmwood or Flatbush CTfastrak stations with frontage on or accessed from the following streets:
(2)
To the extent that the requirements of this section are inconsistent with the requirements elsewhere in this chapter, this section shall prevail. When not covered by the standards in this section, the standards found in other sections of this chapter shall apply.
B.
Development standards. In addition to the standards provided in § 177-6F, the following additional provisions shall apply:
(1)
Residential density. The lot area per dwelling unit (in square feet) shall be 750 square feet.
(2)
Open space. Usable open space shall be provided at not less than 100 square feet per dwelling unit and shall comply with the specifications of § 177-10.
(3)
Parking. Section 177-32 shall apply, except as modified by the provisions below:
(a)
On-site parking.
[1]
All on-site parking shall be located to the rear or side of a building. In the case of corner lots, the front of a building shall mean the facade which faces the most heavily traveled street abutting the property.
[2]
The dimensions of on-site parking spaces shall be nine feet by 18 feet.
[3]
Tandem or stacked parking may be permitted for residential uses where tandem spaces are assigned to the same dwelling unit.
(b)
On-street parking.
[1]
Parking requirements may be met by a combination of on-site parking and on-street parking, where allowed, located on the street frontage of the property in question.
[2]
Any on-street parking space shall be at least 22 feet in length when parallel to the curbline or nine feet by 20 feet when diagonal or perpendicular to the curbline.
(c)
Minimum parking requirements.
[1]
Number of spaces required.
Use | Number of Spaces Required |
|---|---|
Residential dwellings | 1 per dwelling unit |
Office | 1 per 350 square feet of gross floor area |
Retail, banks, personal service, indoor recreation and amusement facilities | 3 per 1,000 square feet of gross floor area |
Restaurants and theaters | 1 per 4 seats |
(d)
Minimum bicycle parking requirements.
[1]
Number of spaces required.
Use | Number of Spaces Required |
|---|---|
Residential dwellings | 1 per 5 dwelling units |
Office | 1 per 1,500 square feet of gross floor area, up to a maximum of 10 bicycle parking spaces |
Retail, banks, personal service, indoor recreation and amusement facilities | 1 per 3,000 square feet of gross floor area, up to a maximum of 10 bicycle parking spaces |
Restaurants and theaters | 1 per 10 seats, up to a maximum of 10 bicycle parking spaces |
[2]
All nonresidential, outdoor bicycle parking spaces shall be placed within 100 feet of the building's primary entrance.
[3]
Indoor bicycle parking and storage rooms shall be permitted.
(e)
Shared use parking requirements. Reductions in the minimum parking requirements as described in this subsection may be granted for mixed-use sites using one of the following methodologies:
[1]
Shared Use Method 1. To be eligible for a reduction, a parking study that shows that two or more uses have different peak parking demands shall be required. Peak parking demand should be calculated utilizing the methodology set forth in the Urban Land Institute's Shared Parking, as may be amended from time to time or similar methodology.
[2]
Shared Use Method 2. Where a property includes two or more uses with different peak parking demands, the minimum parking requirements shall be calculated using the time-of-day parking variation factors in the table below. The minimum parking requirements for each use shall be multiplied by the percentages in each cell, rounded up to the nearest whole number. The minimum parking requirements shall be equal to the peak parking demand, which is equal to the sum total of the cells in each column.
Time-of-Day Parking Variation Factors | ||||||
|---|---|---|---|---|---|---|
Land Use | Weekdays | Weekends | ||||
Midnight to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to Midnight | Midnight to 7:00 a.m. | 7:00 a.m. to 6:00 p.m. | 6:00 p.m. to Midnight | |
Residential | 100% | 50% | 90% | 100% | 65% | 90% |
Hotel/motel | 100% | 65% | 100% | 10% | 65% | 100% |
Office | 5% | 100% | 5% | 5% | 5% | 5% |
Retail, banks, and personal service | 5% | 100% | 80% | 5% | 100% | 80% |
Restaurants | 25% | 75% | 100% | 50% | 85% | 100% |
Based on data published by the Urban Land Institute |
(4)
Signage. Section 177-33 shall apply, except as modified by the provisions below:
(a)
Ground or freestanding signs, including supports, shall not exceed ten feet in height above the surface of the ground where located.
(b)
Blade or projecting signs shall not project more than 30 inches from the face of a structure and shall be at least 10 feet above the level of any walkway it may overhang.
C.
Special design and form standards. The following special design and form standards are provided to ensure a consistent public realm through the creation of design-focused, transit-supportive controls:
(2)
Building design. Buildings shall relate to and be oriented towards the street and surrounding buildings as follows:
(a)
The primary entrance of a building must face the street and be clearly articulated through the use of architectural detailing. Secondary or rear entrances may be permitted only if there is a main entrance from a street. Front entrances may not be closed off in favor of rear entrance. Patrons exiting an establishment shall be permitted to exit through the main entrance.
(c)
An architecturally distinct, horizontal facade division is required between the ground floor and upper stories of any building.
(d)
Service areas (loading docks, shipping/receiving) and utility service connections shall be located at the back of the building or side of the building.
(e)
Refuse storage areas shall be located at the back of buildings and shall be located at least 20 feet from any adjacent residential zones.
(f)
The ground floors of buildings shall have a habitable, active floor space within the first 20 feet of building depth fronting the street.
(3)
Building height. Five stories and 55 feet are permitted, subject to the following:
(a)
A stepback is required for any fifth story. The stepback shall be a minimum of 10 feet from the front building wall as measured from the top of the fourth story and shall apply to all sides of the structure that abut a public street.
(b)
Building height may be increased to 65 feet if the ground floor contains retail, restaurant or other active commercial space.
(4)
Site access. No lot shall have more than one curb cut to a public street for each 500 feet of street frontage.
D.
Development bonus standards. To further encourage development in a predictable, contextual, design-focused manner within walking distance of the CTfastrak stations and to foster the creation of complete neighborhoods, the following additional development bonuses may be granted for applicants who meet the objectives pertaining to access management, affordable housing, infill development, public space, and sustainability.
(1)
Development bonus. Additional development bonuses are available for projects that satisfy the criteria as set forth herein. The standards can be converted into points, which are worth development bonuses in the form of an increase in permitted floor-area-ratio (FAR), building coverage or a reduction in on-site parking requirements up to the maximum limits as specified below. The development bonuses are cumulative and may be combined in any qualifying development. Documentation providing details on what standards are sought shall be included with the filing of any application under this section.
Development Bonus | Standard Equivalency (per point) | Maximum Bonus |
|---|---|---|
Increase in permitted floor area ratio (FAR) | 0.25 | 0.50 |
Increase in permitted building coverage | 5% | 25% |
Reduction in on-site parking requirements | Lesser of 10% or 10 spaces | Lesser of 20% or 20 spaces |
(a)
Access management. The purpose of the standard is to foster the consolidation of preexisting curb cuts and parking lot interconnections between properties to enhance walkability and vehicle, bicycle, and pedestrian safety within the district. Development bonus points available as follows:
[1]
Elimination of preexisting curb cut: One point per curb cut eliminated.
[2]
Lot interconnection: One point per interconnection.
[a]
A lot interconnection shall consist of an internal driveway and walkway provided between adjacent properties and shall be secured with a cross-access easement. This easement shall be at least 25 feet wide and grant perpetual, nonexclusive, mutual cross access for purposes of vehicular and pedestrian ingress and egress on, over, upon, and across the areas defined in the easement.
(b)
Affordable housing. The purpose of the standard is to encourage the growth of affordable housing and mixed-income housing within the District.
[1]
Development bonus points available as follows:
Affordable Housing Set-Aside | Income Limits (percentage of area median income) | Points |
|---|---|---|
At least 15% of the total units | 80% | 1 |
At least 25% of the total units | 80% | 2 |
At least 10% of the total units | 60% | 1 |
At least 15% of the total units | 60% | 2 |
[2]
All affordable housing units shall be deed-restricted to the income limits above for a period of at least 30 years and meet the requirements of Regulations of Connecticut State Agencies § 8-30g-8.
(c)
Infill development. The purpose of the standard is to encourage development of underutilized areas of properties to enhance the public realm. To qualify, an infill development must be the expansion of an existing structure or the construction of a new structure, provided that any new construction must be directly adjacent to and accessible from a public right-of-way and be located not more than 15 feet from an established building line. The ground floor must contain primarily retail or other commercial space. Infill development does not include any portion of a site in which an existing building meeting the requirements of this standard is demolished and replaced with a new structure.
(d)
Public space. The purpose of the standard is to encourage the private development of permanently dedicated and reserved public space, such as, but not limited to, commons, greens, squares, pocket parks, plazas or connections to or expansion of existing public space such as the Trout Brook Trail. To qualify, public space must be located at ground level and include appropriate amenities, such as, but not limited to, paving, seating, landscaping, ornamental fountains, art, and lighting. Any area to be considered as new public space shall have frontage of at least 20 feet along a public street or sidewalk or the Trout Brook Trail, be at least 15 feet deep (as measured perpendicular to its frontage) and contain not less than 1,000 square feet in area. Any area which is otherwise required to remain open in order to meet setback or other requirements of this chapter shall not qualify as public space. All areas of public space shall be maintained by the owner(s) or occupant(s) of the lot upon which they are located. No area designated as public space shall display signage which states or implies that use of the area is limited to a particular group or class of persons. Development bonus points available as follows:
(e)
Sustainability. The purpose of the standard is to encourage the development of renewable energy systems and green building practices. Development bonus points available as follows:
[1]
Development utilizes a green roof: one point if at least 50% of the roof area is green. A qualifying green roof shall mean the roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane.
[1]
Editor's Note: Former § 177-43, Period of permits, was repealed 5-10-2005.
§ 177-44 Special development district plan.
[Amended 10-28-1969; 4-13-1976; 5-8-1979; 11-1-1988; 2-13-1991; 9-27-1994; 3-9-2004; 5-10-2005; 9-12-2006]
A.
Purpose. In order to permit and encourage variety and flexibility in land development that will be in harmony with the objectives of the Comprehensive Plan for the Town's development, the Town Council, upon application, may approve, disapprove or approve with modifications a plan for the development of land, which plan may require changes in the regular standards applying to the permitted uses of land in the zoning district in which it is located, subject to the following standards and procedures.
B.
Standards.
(1)
The property shall be not less than the minimum required lot size in any district unless the application is for a subdivision involving a variety of lot sizes.
(2)
The Town Council shall make findings that the plan as approved will be:
(3)
The total density of development, in terms of floor space, dwelling units and land coverage, shall not be greater than that permitted in the district in which the property is located.
C.
Procedure.
(1)
Filing of application.
(a)
An application for approval of a special development plan shall be made in writing to the Town Council by the owner or owners of the fee to the land and of the fee to the buildings which are the subject of the application, together with any other applicant. When receiving an application, the Town Council may waive the requirement that all owners of the fee to the land and of the fee to the buildings which are the subject of the application sign said application if:
[1]
Requested to do so in writing by the owner of an interest in the subject property or a tenant thereof; and
[2]
Good cause can be shown for the applicant's failure to obtain the required signatures; and
[3]
The applicant certifies that it has mailed, by first-class mail, postage prepaid, a complete copy of the application to the owner(s) who did not sign the application at their last known business or residential address(es).
(b)
For purposes of this section, if the property which is the subject of the application is held as a condominium pursuant to the Common Interest Ownership Act, Connecticut General Statutes Ch. 828, as that chapter may be renumbered or recodified from time to time, or pursuant to any predecessors or successors to that act, the requirement that all owners of the fee to the land and of the fee to the buildings which are the subject of the application shall be deemed to be satisfied if the duly authorized representative of the unit owners' association executes the application.
(2)
All applications shall include the following information:
(a)
Plot plan.
[1]
Three prints of a plot plan of the property drawn to scale based upon Connecticut Geodetic Survey (CGS) datum and certified by a licensed surveyor or engineer, showing the information required under § 177-41B(1); and
[2]
Either of the following:
[a]
One copy of the plot plan described in Subsection C(2)(a)[1] of this section provided on such computer medium and in such computer program or language as may be established by the Director of Community Development from time to time; or
[Amended 10-7-2019]
(b)
Three prints of all proposed building floor plans and elevations, drawn to a scale of not less than 1/16 inch equals one foot, including an indication of all materials proposed to be used in all buildings.
(c)
Three prints of a landscaping plan indicating the location, size and species of all plant materials proposed to be preserved and planted.
(d)
For each building and land area proposed to be used for other than residential purposes, a description of the proposed uses, operations and equipment, number of employees and other occupants and techniques to be used in preventing the emission of any noise, vibration, radiation, odor or dust, smoke, gas, fumes or other atmospheric pollution of any kind.
(e)
A statement of the Director of Health as to the adequacy of any proposed sewage disposal system.
(f)
The Town Council shall set a public hearing on the proposed plan and refer the proposed plan to the Town Plan and Zoning Commission in accordance with Chapter XII, Section 5(b), of the Town Charter (Special Act No. 562 of 1957 General Assembly), as amended. If the special development plan requires a change of zone, Chapter XII, as aforesaid, shall be followed, together with the following procedures, and said Charter compliance shall be separately noted; otherwise the following procedures shall govern, and said plan may be approved by a vote of not less than a majority of the members of the Council. In the event of a zone change, the Council shall designate a consolidated hearing.
(3)
The Commission shall consider the application and shall approve, disapprove or approve with modifications the proposed plan within 60 days after referral. The plan, after action by the Commission, shall be submitted to the Town Council for its action. If the Commission shall fail to act on the application within the stated time limit, the application shall be submitted to the Town Council without further requirements as to Commission action.
(4)
The Town Council shall hold a public hearing on the proposed plan as acted upon by the Commission and shall approve, disapprove or approve with modifications. Such development plan, if approved by the Council, shall modify or supplement the regulations of this chapter as they apply to the property included in the approved plan.
(5)
The Town Council may attach any conditions to its approval as it considers necessary in order to assure continued conformance with the approved plan and the zoning regulations and may also require the submission of a suitable performance bond to assure satisfactory completion of necessary improvements.
(6)
A copy of the approved plan on permanent tracing material shall be filed, at the applicant’s expense, in the offices of the Town Clerk. An additional paper copy and an electronic copy shall be filed in the office of the Town Planner in formats which he or she may specify from time to time. Any approved plan not so filed within 90 days after approval by the Town Council shall be null and void.
[Amended 7-26-2016]
(7)
A suitable notation shall be made in the Zoning Ordinance and on the Zoning Map identifying any property for which a special development plan has been approved.
(8)
Except as otherwise specified in this section, applications for changes in approved plans shall be made and acted upon using the same procedure as required for the initial applications.
(9)
The Town Planner can approve the following adjustments to an approved SDD plan without Town Council approval, but the approval of such adjustments will not be effective until the day following that next regular meeting of the Town Council (at which meeting such adjustment shall appear on the Town Council agenda), which meeting is at least 10 days following the Town Planner’s notification of his or her decision. The communication from the Town Planner shall state that the Town Council may reject it. The Council shall reject all applications for which a sign was not posted, in accordance with the requirements of § 177-46, at least seven days before the date of the Council meeting. The Town Planner may approve an application for an adjustment in the SDD plan only if he or she determines that, as modified, the SDD plan will continue to serve the purposes of the original SDD plan approved by the Town Council and that the findings made by the Town Council pursuant to Subsection B(2) of this section will be satisfied thereby. The Town Planner may not adjust elements of an SDD plan such that limitations in the underlying zone are exceeded by said adjustment. Each of the following elements in an approved SDD plan may be adjusted by the Town Planner. The Town Planner may approve an application for an adjustment pursuant to this section only once every six months, not including those instances in which the Town Council reverses the Town Planner’s decision and not including those instances in which the application is required in order to address unanticipated and immediate health, safety and/or welfare needs; further adjustments may be made only by Town Council amendment of the SDD plan.
[Amended 7-26-2016]
(a)
Any distance or area measurement may be adjusted by up to a cumulative total of 10%, but bulk limitations may be adjusted up to 10% or 1,500 square feet, whichever is less.
(b)
The type, size, number and location of plantings required for landscaping purposes (but not those required for screening from adjacent residential areas) may be adjusted by the substitution of other plantings in the same class (deciduous or nondeciduous); by plantings of similar size and number, and by locating plantings within a radius of 50 feet from a site specified in the SDD ordinance.
(c)
The arrangement of parking spaces within a designated area may be adjusted, and the number of required parking spaces (including the mixture of types of spaces required) may be adjusted by up to a cumulative total of 10% of the required number of spaces or 10 spaces, whichever is less.
(d)
Minor architectural changes.
(e)
The location of accessory uses and structures.
(f)
The size of signs.
(g)
Any adjustment necessary to conform to conditions of approval imposed by other federal, state or local agencies which may have jurisdiction with respect to any aspect of the property that is subject to the SDD plan.
(10)
No approval pursuant to this section shall be effective until the approval plan is filed as prescribed by § 177-44C(5).
§ 177-44.1 Traditional Neighborhood Design District.
[Added 5-12-1998]
A.
Purpose. The purpose of the Traditional Neighborhood Design District is to encourage the development of fully integrated, mixed use, pedestrian-oriented neighborhoods. The intent is to minimize traffic congestion, suburban sprawl and environmental degradation. The Traditional Neighborhood Design District diversifies and integrates land uses within close proximity to each other and provides for the daily recreational and shopping needs of the residents. The Traditional Neighborhood Design District is a sustainable, long-term development which enhances the quality of life to ensure the highest possible economic and social benefits for all residents.
B.
Design goals.
(1)
The Traditional Neighborhood Design District is designed to ensure development of land as a traditional neighborhood. Its design adopts the urban conventions which were the norm in the United States from colonial times until the 1940's. The Traditional Neighborhood Design District is characterized by the following design elements:
(a)
Neighborhoods which are limited in size and oriented toward pedestrian activity:
(b)
A variety of retail uses, services, housing types and public facilities;
(c)
Residence, retail, workplaces and civic buildings interwoven within the neighborhood all within close proximity;
(d)
A network of interconnecting streets and blocks;
(e)
A coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit and automotive vehicles;
(f)
Well-configured greens, landscaped streets and parks woven into the pattern of the neighborhood and dedicated to the collective social activity, recreation and visual enjoyment of the populace;
(g)
Parks and other visual features which act as landmarks and focal points for community identity;
(h)
Compatibility of buildings and other improvements as determined by their arrangement. bulk, form, character and landscaping to establish a livable, harmonious and diverse environment;
(i)
Buildings which form a consistent, distinct edge and define the border between the public street and the private block interior; and
(j)
Architecture and landscape which respond to the unique character of the neighborhood.
(2)
Various aspects of these design goals are demonstrated by the following building typologies, the use of which is strongly encouraged when designing new construction or expansion of existing buildings:
 |
(3)
Wherever possible the provisions of this section shall be interpreted in a manner which is consistent with these design goals and with the plan of development.
C. ALLEY BLANK WALL BUILD-TO LINE ENCLOSURE WALL EXPRESSION LINE FENESTRATION HABITABLE SPACE STREETSCAPE TRANSIT TERMINAL
Definitions. The definitions in § 177-2 shall apply to this entire section. The following additional definitions shall apply to § 177-44.1:
Private right-of-way dedicated for the use of pedestrians, vehicles or public utilities as a means of access to abutting property.
A wall without fenestration.
The front lot line.
Wall, gate or door or any combination of these separating private property from public property or easement.
Horizontal line or lines, running the length of the facade represented by a materials change or continuous setback no more than 12 inches in depth or six inches in projection.
Windows, doors, openings, openwork gates.
Building space, the use of which involves human presence within view of the public pedestrian space.
The area within a street right-of-way that contains sidewalks, street furniture, landscaping or trees.
A building designed predominantly as a point of collection for ticketing, information and access to an interlocal mass transit system, including but not limited to, bus, train or light rail terminals. The term "transit terminal" shall not be construed to include a bus stop or similar curbside point of access to a mass transit system.
D.
Applicability. If any parcel of property within the Traditional Neighborhood Design District is proposed to be improved to an extent greater than 50% of its fair market value, as determined by the Director of Assessments, then such parcel shall be developed in compliance with the requirements of this section.
E.
Required development standards. The Traditional Neighborhood Design District has specific characteristics which result in compact, mixed-use, pedestrian-oriented neighborhood. Development shall be consistent with the following objectives and standards:
(1)
Standards for allowable land uses, lot area, coverage, density and yard requirements shall be determined by underlying base zone requirements. unless this section expressly provides otherwise.
(2)
Streets/blocks and streetscape design.
(a)
Proposed alleys shall be designed within a 20 foot maximum right-of-way.
 Valley Section at Alleys |
(b)
The street design used within different areas of the Traditional Neighborhood Design District may vary depending on the proposed function of the street, the anticipated adjacent land uses, the traffic load and the desired character of the area.
(c)
Street design shall balance the needs of all users, and streetscape design is critical to this balance. The streetscape shall consist of sidewalks and amenities, such as street trees and street furniture. Providing wide sidewalks, on-street parking and an appealing streetscape encourages pedestrian activity.
 |
(3)
Vehicular access.
(a)
Access to alleys. Direct vehicular access from a lot to an alley in the district is permitted and preferred. Direct vehicular access from a lot to a street is not permitted, except as provided in this section.
(b)
Exceptions. Direct vehicular access from a lot to street may be permitted in the discretion of the Town Planner if an alley cannot reasonably be provided.
(c)
Joint access driveways. If adjacent lots have direct vehicular access to a street, the Town Planner may require that the access be through a common or joint driveway.
(4)
Parking. The following parking requirements shall apply in the Traditional Neighborhood Design District:
(a)
All on-site parking shall be located only at the rear of a building. In the case of corner lots, the front of a building shall mean that facade which faces the most heavily traveled street abutting the property.
 |
(b)
There is no off-street loading requirement for a building with less than 10,000 square feet of gross building area.
(c)
Parking in alleys is prohibited.
(d)
Minimum parking requirements are as follows:
[1]
Retail: three parking spaces per 1,000 square feet of gross floor area.
[2]
Office: one parking space per 350 square feet of gross floor area.
[3]
Residential: 1.5 parking spaces per 1,000 square feet of gross floor area or per unit, whichever is lesser, unless a lesser number of spaces is required pursuant to C.G.S. § 8-2(d)(9), as amended from time to time.
[Amended 6-13-2023]
(e)
Parking requirements may be met by a combination of off-street parking and on-street parking located on the street frontage of the property in question.
(g)
Parking requirements may also be met by the following alternate parking methods:
[2]
A payment may be made to a General Parking Fund toward the future construction and operation of municipal parking facilities. This method may be used to satisfy a maximum of 50% of required parking. The amount of the payment required hereunder shall be $8,000 per parking space until June 30, 1999. Thereafter, the amount of the payment required shall be adjusted annually in accord with the Consumer Price Index - Urban.
(5)
Building placement.
(a)
In the Traditional Neighborhood Design District buildings are used to form a distinct street edge and define the border between the public space and the private space of the individual lot. This promotes active streets and provides visual interest to the pedestrians. In order to achieve this objective, new buildings in the Design District shall have a zero set back from the street right-of-way. For purposes of this subsection, the term "building" includes tenant or patron spaces outside the building which are defined by permanent structural elements such as walls or fences.
 |
(b)
New buildings shall be designed to cover at least 80% of the lot frontage. If the remaining portion of the frontage is not required for vehicular or pedestrian access to the lot, a decorative enclosure wall or gate shall be installed along the remaining frontage. The enclosure wall or gate design shall be approved by the Town Planner and shall be designed in a manner which meets the purposes and design goals of this section.
(6)
Building design and use.
(a)
Buildings shall relate to and be oriented towards the street and surrounding buildings.
(b)
The main entrance of a building or other structure must face the street and be clearly articulated through the use of architectural detailing. Secondary rear entrances may be permitted only if there is a main entrance from a street. Front entrances may not be closed off in favor of rear entrance. Patrons exiting an establishment shall be permitted to exit through the main entrance.
(c)
Residential uses may be located above the first floor of a commercial building in the Traditional Neighborhood Design District.
(d)
Service areas (loading docks, shipping/receiving) and utility service connections shall be located at the back of the building.
(e)
The first and second floors of all buildings shall have a habitable space within the first 20 feet of building depth fronting the street.
 |
(f)
Fenestration requirements should be met with the installation of clear glass that is sufficiently transparent to provide views into the interior of buildings.
(g)
Blank walls or roof planes longer than 30 feet are prohibited.
 Additional Requirements |
(7)
Additional requirements.
(a)
Commercial properties shall be screened from adjacent residential properties by an enclosure wall or fence minimum six feet in height.
(b)
Refuse receptacles shall be located at least 20 feet from adjacent residential zones and shall be located at the back of buildings.
(c)
Merchandise may be displayed on the sidewalk, provided that the display area does not extend more than 2 1/2 feet from the building face and further providing that a minimum five-foot pedestrian right-of-way remains unobstructed.
(d)
Seasonal outdoor dining shall be permitted in any yard area and on the sidewalk area subject to the operational standards applicable to outdoor dining areas set forth in § 177-6C, provided that a minimum five-foot pedestrian right-of-way remains unobstructed on the sidewalk.
(e)
Fluorescent lighting and back-illuminated awnings shall be prohibited on facades fronting a street.
F.
Additional design standards:
(1)
The following design standards shall be met within the Traditional Neighborhood Design District unless the Plan and Zoning Commission approves a departure from these standards through a special use permit obtained in accord with the requirements of § 177-42 and after receipt of a report and recommendation from the Design Review Advisory Committee. In addition to the findings which must be made by the Plan and Zoning Commission in approving a special use permit, the Commission shall also consider the following criteria in approving a departure from these design standards:
(a)
The nature and extent of the applicant's planned development on the site:
(b)
The circumstances surrounding the applicant's reasons for submitting the development application (including the applicant's financial ability to meet these design standards);
(c)
Whether compliance with any of these design standards will serve to render the property unmarketable or render its use fiscally unsound; or
(d)
Whether the proposed use has been designed to permit future compliance with these design criteria.
(2)
Traditional Neighborhood Design District is pedestrian-oriented. To accomplish this goal, street pattern and design is used to reduce vehicle travel speeds and to encourage pedestrian activity. No parcel shall be developed in a manner which creates a single building site larger than four acres unless that site is divided into areas of fewer than four acres which are separated by streets or alleys.
(a)
The perimeter of newly constructed blocks shall not exceed 1,600 linear feet. A block side shall not exceed 400 linear feet.
(b)
The maximum building footprint of a parking garage shall not exceed 60,000 square feet.
(c)
Operable covered awnings to provide for covered walkways may be provided.
 |
(d)
The distance between pedestrian entrances shall not exceed 75 feet. On new retail street frontages, entrances shall be spaced no greater than 35 feet apart.
(3)
Architectural standards in the Traditional Neighborhood Design District permit vary, yet complementary architectural design which promotes the integration and compatibility of land and building uses within the Design District; ensure the design of buildings which provide human scale; and establish the importance of shared space through building location, orientation, massing and architectural design. Building designs shall achieve the following objectives:
(a)
Human scale.
[1]
The maximum individual tenant occupancy shall not exceed a footprint of 40,000 square feet of gross floor area. Individual retail tenant spaces may not be interconnected through the use of interior doorways. A bonus of 18% may be granted to a building within a radius of 250 feet of a transit terminal if one floor of the building is residential.
[2]
Doorways, windows and other openings in the facade of a building should be proportioned to reflect pedestrian scale and movement and to encourage interest at the street level. Buildings shall be fenestrated as follows:
Minimum | Maximum | ||
|---|---|---|---|
First floor | 50% | 80% | |
All others | 30% | 60% |
 |
[3]
Sill height shall be 24 inches from ground level for first-floor retail frontages and 36 inches in all other locations. Glazing is required to be located between sill height and eight feet above sidewalk on retail frontages.
(b)
Architectural compatibility and building materials.
[1]
Buildings shall be constructed of natural materials which weather gracefully over time, such as brick, stucco, stone, cast concrete, masonry and wood.
[2]
Aluminum or vinyl siding, porcelain panels and imitation stucco are prohibited.
[3]
The following materials can only be used in the areas described below:
[4]
Expression lines shall be designed into all new retail street buildings and shall occur at two feet and 12 feet above the sidewalk and 12 inches below the cornice. Expression lines shall be designed to occur on other buildings at two feet six inches above the sidewalk and 12 inches below the cornice.
 |
§ 177-45 Permits for construction of monuments or statues.
[Added 9-28-1976; amended 6-23-1981]
A.
The Town Council may grant permission for the construction of a monument or statue on land owned by the Town or on privately owned land. The application shall be in writing and shall contain the following information:
(1)
Three prints of a plot plan of the property, drawn to scale and certified by a licensed surveyor or engineer, showing the information required under § 177-41B(1).
(2)
Three prints of all proposed building floor plans and elevations, drawn to a scale of not less than 1/16 inch equals one foot, including an indication of all materials proposed to be used in all buildings.
(3)
Three prints of a landscaping plan, indicating the location, size and species of all plant materials proposed to be preserved and planted.
B.
The Town Council shall set a public hearing on the application, after which said application may be approved by a vote of not less than a majority of the Council. Prior to said hearing, the Council may request the applicant to submit such other information or documents it deems necessary.
C.
The standards which shall be applied by the Town Council in acting upon such application are:
(1)
The design and architecture of the proposed improvements shall be in harmony with surrounding buildings and adjacent properties.
(2)
The proposed improvements shall be in harmony with the overall objective of the plan of development and Comprehensive Plan.
(3)
There shall be no impairment of visibility affecting the safety of pedestrians and vehicular traffic.
(4)
There shall be no adverse effect on the value of adjacent properties.
D.
Title to the completed improvements shall vest absolutely in the Town of West Hartford where said monument or statue is constructed on land owned by the Town.
E.
The Town Council may attach any conditions to its approval as it considers necessary in order to assure conformance to the Plan of Development, Comprehensive Plan, zoning regulations, traffic circulation and existing plans for future construction plans of Town departments. Where the monument or statue is to be constructed on Town-owned land, the Town Council shall require the submission of a suitable performance bond or other security to assure satisfactory completion of the proposed improvements prior to commencement of construction. In the event that any unusual or extensive maintenance requirements are expected in connection with the proposed improvements, the Council may also require the applicant to post an appropriate bond or other security prior to commencement of construction to assure that the Town will not have to bear the expense of such maintenance.
§ 177-46 Amendment procedure.
[Amended 10-28-1969; 11-15-1977]
A.
A proposed amendment to the Zoning Map shall be accompanied by three black-and-white prints of a map drawn to the scale of 40, 80 or 100 feet to the inch, showing the proposed change in the boundaries of the Zoning Map.
B.
The applicant for an amendment to the Zoning Map or for a special development district plan shall post a sign, giving notice of the application in a conspicuous place on the property for which the amendment or plan is sought, visible from a public street. Said sign should be posted at least seven days before the date of any hearing, and it should be removed no later than three days after the hearing. Said sign shall be provided by the Town without charge.
C.
Within 20 days following the approval of a proposed Zoning Map change, the applicant shall submit a copy of the proposal described in Subsection A, on permanent transparent material, to the Director of Planning for filing. Within 30 days of passage of the amendment, the Director of Planning shall file said map in the office of the Town Clerk.
§ 177-47 Enforcement authority.
[Amended 7-29-1997; 10-7-2019]
The Zoning Enforcement Officer, his or her Assistant Zoning Enforcement Officer(s) or the Director of the Department of Community Development of the Town shall have the authority and the responsibility to enforce the requirements of this chapter. He or she is authorized to inspect or cause to be inspected any structure or land use and order the stoppage of any work or land use in violation of this chapter.
§ 177-48 Penalties for offenses.
[Amended 12-13-1983; 12-16-1997; 6-12-2001]
A.
The Town Planner shall keep a record of all written and signed complaints received by the office regarding violations of this chapter. The Town Planner shall issue a monthly report on all such complaints to the Town Council, including the results of investigations and actions taken on each complaint.
B.
Pursuant to Chapter XII, Section 6, of the Charter, and C.G.S. § 8-12a, as may be amended, the owner or agent of any building or premises where a violation of any provision of the regulations made under authority conferred by Chapter XII of the Charter has been commuted or exists or the owner, agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in which any such violation exists shall be fined $35 for each day that such violation shall continue for the first five days; $85 for each day thereafter that such violation shall occur or continue; and, if the violation continues to exist for a period of 10 days after the violator is notified, in writing, of the violation or if the same violation occurs more than five times within a period of 12 months, $124 for each day thereafter that such violation shall occur or continue; provided, however, that if the offense is willful, the person convicted thereof shall be fined $150 or the maximum amount permitted under C.G.S. § 8-12, as it may be amended, for each day that such violation shall continue. The hearing procedure for any citation issued pursuant to this subsection shall be in accordance with § 1-10 of this Code.
[Amended 10-7-2019]
C.
The provisions of this section relating to fines and penalties shall be in addition to any other remedies available pursuant to the Town's Code of Ordinances or state statutes.
D.
In addition to the fines set forth in the preceding subsections, an additional administrative fee of $2 per $10 of the amount of the fine(s) payable hereunder, or any fraction thereof, shall be payable to the Town of West Hartford by each person to whom a citation is issued.
§ 177-49 Zoning Board of Appeals.
[Amended 10-28-1969; 11-15-1977; 3-24-1981; 1-24-1995; 1-9-2007; 12-14-2010]
A.
Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:
(1)
Hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by any official charged with the enforcement and administration of this chapter.
(2)
Hear and decide all matters, including special exceptions upon which it is authorized to pass by the specific terms of Subsection C of this section.
(3)
Determine and vary the application of this chapter in harmony with the general purpose and intent and with due consideration 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 this chapter would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured.
B.
Variances.
(1)
No variance in the strict application of any of the requirements of this chapter shall be granted unless the Zoning Board of Appeals shall find that:
(a)
There are conditions especially affecting the land or structure for which the variance is sought, which conditions are peculiar to such land or structure and not to the personal or financial circumstances of the appellant and which conditions are not affecting generally the area in which such land or structure is situated and have not resulted from any act of the appellant subsequent to the enactment of the requirement appealed from. Minor infractions in the location or height of a structure or the dimension or area of a lot, caused by human error, may be considered sufficient cause for an affirmative finding of this subsection unless, in the opinion of the Zoning Board of Appeals, such infractions can be repaired without impairing the use of the land or structure.
(b)
The aforesaid conditions are such that the strict application of the requirements of this chapter would deprive the appellant of the reasonable use of such land or structure and the granting of the variance is necessary for the reasonable use of the land or structure, and that the variance, as granted by the Board, is the minimum variance that will accomplish this purpose.
(c)
The granting of the variance would not permit the property to be used for a purpose that is denied to the occupants of other properties in the same zoning district.
(d)
The granting of the variance is in harmony with the general purpose and intent of this chapter and will not be detrimental to public health, safety, convenience, welfare and property values.
(2)
The records of the Zoning Board of Appeals shall include specific reasons for each of the findings above to be made before a variance may be granted. The Zoning Board of Appeals shall attach such conditions and safeguards as are necessary to ensure continued compliance with the terms of the variance.
C.
Special exceptions.
(1)
The Zoning Board of Appeals may in its discretion grant the following special exceptions, subject to making the required findings specified in Subsection C(2) below:
(a)
In any residence district, a home occupation when conducted in the dwelling unit by the person who occupies the dwelling unit as his or her principal residence. The special exception shall be granted to such person and shall not be considered as a right vested in the premises. The home occupation shall conform to the following performance standards:
[1]
Not more than two nonresident employees are permitted on the premises at one time. The Zoning Board of Appeals may in its discretion require as a condition of approval that only one nonresident employee is permitted at one time if it finds, after hearing, that the size or intensity of the proposed use with two employees will not meet the criteria in § 177-49C(2), as amended. For purposes of this subsection, the term "employee" shall mean any nonresident person involved in the home occupation in any way and shall include, but not be limited to, a secretary, receptionist, professional person and/or partner.
[2]
No more than 1/3 of the total finished floor area of the dwelling unit shall be used in connection with the home occupation.
[3]
The character of the dwelling unit shall not change nor shall there be any exterior evidence of such secondary use. A sign not to exceed one square foot may be permitted by the Zoning Board of Appeals pursuant to § 177-33E(2).
[4]
No more than one home occupation shall be permitted per dwelling unit, except that more than one home occupation may be permitted if and only if the additional home occupation(s) is/are of the type described in Subsection C(4).
[5]
The keeping of stock-in-trade or the sale, rental or holding for sale or redelivery of any merchandise, goods, products or equipment, including but not limited to food, is not permitted.
[6]
There shall be no services rendered that require receipt or delivery of merchandise, goods, products or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed for residential deliveries. Infrequent deliveries by commercial vehicles of furniture, fixtures or equipment for use in the home occupation shall be permitted.
[7]
The proposed home occupation requires specialized knowledge derived from long and intensive academic preparation or work that is original and creative in character, the result of which depends primarily on the employees' invention, imagination or talent. This requirement includes, but is not limited to, the following occupations: physician; dentist; lawyer; engineer; architect; teacher, provided that instruction shall be limited to a single pupil at a time; dressmaker; tailor; and milliner. This requirement excludes, among other occupations, the following occupations: beauticians, barbers, real estate offices and insurance agencies.
(2)
No special exception shall be granted unless the Zoning Board of Appeals shall find that:
(a)
The location and size of the use, the nature and intensity of the operations connected with it, the size of the lot in relation to it and the location of the lot with respect to streets giving access to it are such that it will be in harmony with the neighborhood in which it is located, the use will not hinder or discourage the residential use of adjacent residential properties or adversely affect the residential character of adjacent properties and that traffic on the adjacent streets will not be unduly impeded.
(b)
The parking is adequate and properly located and that the entrance and exit driveways are laid out so as to achieve maximum safety.
(3)
The records of the Zoning Board of Appeals shall include the reasons for these findings above to be made before a special exception may be granted. The Zoning Board of Appeals shall attach such conditions and safeguards and shall have inspection rights as are necessary to ensure continued compliance with the terms of the special exception.
(4)
A special exception approval, pursuant to the provisions of this § 177-49, as amended, shall not be required for a person to conduct a home occupation in the dwelling unit which such person occupies as his or her principal residence, provided that there are no nonresident employees; there are no visits to the subject dwelling or unit by clients and/or customers; there is/are no sign(s); and the home occupation otherwise complies with the requirements of § 177-49C(1)(a)[2] through [6], as amended, except that a cottage food operation licensed through the State Department of Consumer Protection shall be exempt from § 177-49C(1)(a)[5]. Notwithstanding the provisions of this Subsection C(4) of § 177-49, if the Zoning Enforcement Officer determines that the proposed use may violate the provisions of § 177-49C(2), he or she shall notify the applicant of such determination and require the applicant to file an application for a special exception with the Zoning Board of Appeals. All persons desiring to conduct a home occupation under this § 177-49C(4) shall be required, prior to conducting such home occupation, to obtain a one-time zoning permit from the Zoning Enforcement Officer of the Town of West Hartford and pay the necessary fees established therefor. Said permit shall be subject to renewal or amendment only if there is a substantial change in the nature or level of activity being performed pursuant thereto.
[Amended 6-11-2019]
(5)
Any home occupation approved prior to the effective date of these amendments shall not be invalidated by these amendments and shall be reviewed for a determination of renewal in accordance with the standards applicable at the time of the original approval; provided, however, that an applicant for renewal may, at his or her discretion, choose to be reviewed in accordance with the standards of this Subsection C.
D.
Procedure. The Zoning Board of Appeals shall hold a public hearing on all matters it is required to decide. The Board shall give notice of the hearing by advertisement in a newspaper as required by state statute and, except on appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of this chapter, by sending by first-class mail a copy of the notice to the applicant and to the owners of all property adjoining the property which is the subject of the application. The applicant for a variance or special exception shall post a sign giving notice of the application in a conspicuous place on the property for which a variance or special exception is sought, visible from a public street. Said sign shall be posted at least seven days before the date of the hearing, and it shall be removed not later than three days after the public hearing. Said signs shall be provided by the Town without charge. The Zoning Board of Appeals shall decide any appeal within 65 days after the hearing.
§ 177-50 Fees.
[Amended 10-28-1969; 9-28-1976; 6-26-1984; 9-26-1985; 6-28-1988; 9-26-1989; 10-9-1990; 6-27-2000; 5-10-2005; 6-24-2014]
Fees for the various permits and applications required by this chapter and Chapter A184, Subdivision Regulations, are hereby established as follows:
A.
Special use permit, preliminary approval only: $200.
B.
Special use permit: $200, plus $50 per 1,000 square feet or fraction thereof of new building or changed use.
C.
Site plan approval: $150, plus $50 per 1,000 square feet or fraction thereof of new building or changed use.
D.
Variance or special exception: $200.
E.
Renewal of special exception: $200.
G.
Subdivision application: $600 or $100 per new lot created by the resubdivision, whichever is more.
H.
Resubdivision application: $600 or $100 per new lot created by the resubdivision, whichever is more.
I.
Zoning permit: $75.
J.
Zoning compliance certificate or letter: $30.
K.
Permit for a monument or statue: $60.
L.
Amendment to this chapter or Zoning Map:
M.
The Town Plan and Zoning Commission, the Zoning Board of Appeals or the Town Council may waive any of the aforesaid fees established in this section; however, any waiver shall be accompanied by a statement of reason. In the case of an application upon which a Town official is authorized to act without the approval of an administrative agency, no waiver of any fee established herein shall be permitted.
N.
Lot split or lot line revision approval: $300.
O.
Fees for building permits and certificates of occupancy for uses authorized by building and/or zoning permits shall be charged in accord with Chapter 58, Building Construction, of the Code of the Town of West Hartford.
P.
Inland wetlands and watercourses application fees:
(1)
Permitted uses as of right: no charge.
(2)
Nonregulated uses: $90.
(3)
Regulated residential uses: $120, plus $50 per lot or $90 per acre of wetlands (or fraction thereof) on site, whichever is more.
(4)
Regulated commercial uses: $120, plus the following fee per 1,000 square feet of regulated area (or fraction thereof) on site:
(5)
Significant activity fee: $350.
R.
Financing of cost of special study. Certain applications for extraordinarily large or significant projects pose environmental, traffic and/or other problems beyond the expertise of the Commission's staff to evaluate and make appropriate recommendations. In such instances, which occur only infrequently, if the Town Plan and Zoning Commission, the Zoning Board of Appeals or the Town Council, after reviewing the matter with its staff, reasonably concludes that an outside, independent study and/or consultation is necessary for the Commission, Board and Council to decide the issues before it, the Commission, Board and Council may require an applicant, as a condition of processing its application, to pay for the cost of such a study or consultation, such amount not to exceed $7,500.