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