[Amended 9-28-1976; 6-23-1981; 8-14-2001; 9-14-2004; 5-10-2005; 8-2-2005; 10-25-2005; 12-13-2005; 3-28-2006; 5-25-2010; 6-28-2011; 7-23-2013; 5-3-2014; 10-28-2014; 1-13-2015; 9-8-2015; 3-28-2017; 11-14-2017]
A.
No structure shall be used, erected or expanded, and no land use
shall be established or expanded, except in accordance with this chapter.
The schedules contained in this article list permitted uses of land
and buildings and the maximum height of buildings, the required yards,
open space, area of lots and other requirements for the various districts
in this chapter.
B.
Schedule of Permitted Main Uses.
C.
Schedule of Permitted Accessory Uses.
D.
Standards for the One-Family Residence Districts.
E.
Standards for Multifamily Residence Districts.
F.
Standards for Business Districts.
G.
Standards for Industrial Districts.
[1]
Editor's Note: The schedules noted below are included as attachments to this chapter.
In any Office-Laboratory District (BOL), the following main uses are permitted, subject to § 177-42A:
A.
Office buildings and laboratories for business and
professional use, including administration, research, development,
statistical, financial, training and other functions directly related
to the office building and laboratory use.
B.
The following main uses are specifically excluded:
(1)
The manufacturing or fabrication of products for sale.
(2)
Pilot plants producing or manufacturing products.
(3)
Warehouse facilities or systems for the storage of
goods or materials for present or future sale.
(4)
Radio or television towers, radar screens or water
towers, unless specifically granted by the Town Plan and Zoning Commission
after a finding by the Town Plan and Zoning Commission that they will
be in harmony with the approved overall layout of the main use and
that they will not interfere with the health, safety or convenience
of the general public.
(5)
Any use which causes the dissemination of noise, vibration,
odor, dust, smoke, gas or fumes or atmospheric pollution of any kind,
observable or otherwise detectable beyond the boundaries of the site.
(6)
Any use which may be hazardous by reason of the possibility
of fire, explosion, nuclear radiation or other hazard.
(7)
The use of equipment causing interference with radio
or television reception beyond the boundaries of the site.
(8)
Testing of instruments which may require the flying
of aircraft in the vicinity of the use in such manner as to cause
a public nuisance.
(9)
The disposal into the public sanitary sewer system
of any harmful or deleterious matter, such as volatile oil, acid and
caustic wastes, toxic substances, suspended solids or extremely hot
water, which would impede or render inoperative the proper treatment
of sewage.
(10)
Any residence or accessory building, except as permitted
under Item 9 of the list of accessory uses.
C.
In any Office-Laboratory District, the following accessory uses are permitted, subject to § 177-42A:
(1)
Garage for storage and maintenance of company motor
vehicles and the storage of supplies for use in connection with such
motor vehicles.
(2)
Off-street parking and loading facilities.
(3)
Maintenance and utility shops for the upkeep and repair
of structures on the site and equipment on and off the site.
(4)
Central heating and air-conditioning plants.
(5)
Power substations.
(6)
Facilities for the storage of water or for the pretreatment
of harmful or deleterious matter which cannot be disposed of directly
into the public sewerage system.
(7)
Building for the storage of documents, records and
other personal property.
(8)
Communication facilities.
(9)
Clinics, dining facilities, recreational facilities,
stores and transient guest lodges, none of which shall be maintained
or designed for or used by the general public but shall be used only
by those actually employed on the premises or by business visitors
to the building on the premises. All accessory uses under this subsection
shall be designed and planned as an integral part of the office or
research facility, shall be located on the same site therewith and
shall be set forth and shown on the application for the zoning permit.
[Amended 10-28-1969; 11-11-1975; 6-27-1978; 2-24-1987; 1-26-1988; 9-23-2008]
A.
Statement of purpose. The following standards are
intended to regulate floodplain development, promote public health,
safety, and general welfare, and minimize public and private losses
due to flood conditions in specific areas.
B.
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COST
DEVELOPMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODWAY
FUNCTIONALLY DEPENDENT USE OR FACILITY
HIGHEST ADJACENT GRADE (HAG)
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MARKET VALUE
MEAN SEA LEVEL (MSL)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VIOLATION
WATER SURFACE ELEVATION
Definitions. For the purposes of this section, the
following words shall have the meanings defined herein:
The flood having a one-percent chance of being equaled or
exceeded in any given year, also referred to as the one-hundred-year
flood, as published by the Federal Emergency Management Agency (FEMA)
as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance
Rate Map (FIRM).
The elevation of the crest of the base flood or one-hundred-year
flood. The height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
Any area of the building having its floor subgrade (below
ground level) on all sides.
See definition for "structure."
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to: the cost
of materials (interior finishing elements, structural elements, utility
and service equipment); sales tax on materials, building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total. Items
to be excluded include: cost of plans and specifications, survey costs,
permit fees, outside improvements, such as septic systems, water supply
wells, landscaping, sidewalks, fences, yard lights, irrigation systems,
and detached structures, such as garages, sheds, and gazebos.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
The federal agency that administers the National Flood Insurance
Program (NFIP).
The official map of a community on which the Federal Emergency
Management Agency (FEMA) has delineated both the special flood hazard
areas one-hundred-year floodplain) and the insurance risk premium
zones applicable to a community.
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
1.0 foot. For the purposes of these regulations, the term "regulatory
floodway" is synonymous in meaning with the term "floodway."
A use or facility that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage
or related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historic significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with a permanent
foundation when attached to the required utilities.
The market value of the structure shall be determined by
using a computer assisted mass appraisal incorporating the three approaches
to value prior to the start of the initial repair or improvement,
or in the case of damage, the value of the structure prior to the
damage occurring.
The North American Vertical Datum (NAVD) of 1988 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map (FIRM) are referenced. The NAVD is approximately
equal to the National Geodetic Datum of 1929 minus 0.8 feet. The NAVD
is also approximately equal to the Hartford Metropolitan District
Commission Datum minus 2.9 feet.
Structures for which the start of construction commenced
on or after October 28, 1969, and includes any subsequent improvements
to such structures.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for recreational, camping,
travel, or seasonal use.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. For
purposes of this section, the term "special flood hazard area" is
synonymous in meaning with the phrase "area of special flood hazard."
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, substantial improvement or other improvement was
within 180 days of the permit date. The "actual start" means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erections of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home. A structure includes any attached additions, garages, decks,
sunrooms, or any other structure attached to the main structure.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
Failure of a structure or other development to be fully compliant
with the community's floodplain management ordinance. A structure
or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that
documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas. The NAVD is approximately equal to the National Geodetic Datum
of 1929 minus 0.8 feet. The NAVD is also approximately equal to the
Hartford Metropolitan District Commission Datum minus 2.9 feet.
C.
Areas to which this section applies. For the purpose
of preventing damage from flood and other related dangers, the provisions
of this section shall apply to all special flood hazard areas (SFHA)
within the Town of West Hartford in addition to any land within the
Town of West Hartford which is located within a floodplain. A floodplain
is defined as:
(1)
All land beneath the one-hundred-year storm event
indicated in the West Hartford Flood Plain Management Study prepared
by the Soil Conservation Service, dated August 1986, a copy of which
is on file in the office of the Town Clerk.
(2)
All land located within the established stream channel
encroachment lines (SCEL) created by the State Department of Environmental
Protection and more particularly shown on maps entitled "Channel Encroachment
Lines, Park River North Branch," dated September 25, 1964, and "Trout
Brook, Channel Encroachment Lines," dated June 1968, and on file in
the office of the Town Clerk.
(4)
Additional lands reserved by special development district
approvals, subdivision approvals, inland wetlands and watercourse
permits, site plan approvals, building plot plans and permits and/or
special floodplain studies for floodwater conveyance or storage.
(5)
All other as yet undefined lands near to a watercourse
which is susceptible to flooding, whether a floodplain study has been
performed or not.
D.
Basis for establishing the special flood hazard areas
(SFHA).
(1)
The special flood hazard areas (SFHA) identified by
the Federal Emergency Management Agency (FEMA) in its Flood Insurance
Study (FIS) for the Town of West Hartford, dated September 26, 2008,
and accompanying Flood Insurance Rate Maps (FIRM), dated September
26, 2008, and other supporting data, and any subsequent revisions
thereto, are adopted by reference and declared to be a part of this
chapter. Said mapping must take precedence when more restrictive until
such time as a map amendment or map revision is obtained from FEMA.
(2)
The SFHA includes any area shown on the FIRM as Zones
A, A1-30, AE, AO, and AH, including areas designated as a floodway
on a FIRM or FBFM. The SFHA does not include any area designated on
the FIRM as "shaded zone x/other flood areas." SFHAs are determined
utilizing the base flood elevations (BFE) provided on the flood profiles
in the Flood Insurance Study (FIS) for a community. BFEs provided
on the flood Insurance Rate Map (FIRM) are only approximate (rounded
up or down) and should be verified with the BFEs published in the
FIS for a specific location. Also included are areas of potential,
demonstrable or historical flooding, including any area contiguous
with but outside the SFHA identified by FEMA, and where the land surface
elevation is lower than the base flood elevation (BFE) as shown in
the FIS, and the area is not protected from flooding by a natural
or man-made feature. The FIRM and FIS are on file in the office of
the Town Clerk, Town Hall, 50 South Main Street, West Hartford, Connecticut.
E.
Standards for plan approval. In a floodplain, no structure shall
be erected, expanded or structurally altered, no land use shall be
established, and no landfill, excavation, paving or grading shall
be initiated until the Director of Community Development approves
the development application and advises the approving authority of
the application's conformance with the following standards:
[Amended 10-7-2019]
(1)
General standards. In all special flood hazard areas (SFHAs) the
following provisions are required:
(a)
New construction, substantial improvements and repair to structures
that have sustained substantial damage cannot be constructed or located
entirely or partially over water unless they are a functionally dependent
use or facility.
(b)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
[(CFR 60.3(a)(5)].
(c)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters [CFR 60.3(a)(6)(i)].
(d)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding [CFR 60.3(a)(6)(ii)].
(e)
Above-ground storage tanks (i.e., oil, propane, etc.) which
are located outside or inside of the structure must either be elevated
above the base flood elevation (BFE) on a concrete pad, or be securely
anchored to prevent flotation or lateral movement with the top of
the fill pipe extending above the BFE and having a screw fill cap
that does not allow for the infiltration of floodwater.
(f)
Notify adjacent communities and the Connecticut Department of
Energy and Environmental Protection prior to any alteration or relocation
of a watercourse, and assure that the flood-carrying capacity within
the altered or relocated watercourse is maintained [CFR 60.3(b)(6)
and (7)].
(g)
If any portion of a structure lies within the SFHA, the entire
structure is considered to be in the SFHA and must meet the construction
requirements of the flood zone.
(h)
Compensatory storage. The water-holding capacity of the floodplain,
except those areas which are tidally influenced, shall not be reduced.
Any reduction caused by filling, new construction or substantial improvements
involving an increase in footprint to the structure shall be compensated
for by deepening and/or widening of the floodplain. Storage shall
be provided on-site, unless easements have been gained from adjacent
property owners; it shall be provided within the same hydraulic reach
and a volume not previously used for flood storage; it shall be hydraulically
comparable and incrementally equal to the theoretical volume of floodwater
at each elevation, up to and including the 100-year flood elevation,
which would be displaced by the proposed project. Such compensatory
volume shall have an unrestricted hydraulic connection to the same
waterway or water body. Compensatory storage can be provided off-site
with approval by the Director of Community Development.
(i)
Equal conveyance. Within the floodplain, except those areas
which are tidally influenced as designated on the Flood Insurance
Rate Map (FIRM) for the community, encroachments resulting from filling,
new construction or substantial improvements involving an increase
in footprint of the structure, are prohibited unless the applicant
provides certification by a registered professional engineer demonstrating,
with supporting hydrologic and hydraulic analyses performed in accordance
with standard engineering practice, that such encroachments shall
not result in any 0.00 feet increase in flood levels (base flood elevation).
Work within the floodplain and the land adjacent to the floodplain,
including work to provide compensatory storage shall not be constructed
in such a way so as to cause an increase in flood stage or flood velocity.
(j)
All new construction and substantial improvements in special
flood hazard areas (SFHAs) shall:
[1]
Be designed and adequately anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy [CFR 60.3(a)(3)(i)];
[2]
Be constructed with materials resistant to flood damage [CFR
60.3(a)(3)(ii)];
[3]
Be constructed by methods and practices that minimize flood
damages [CFR 60.3(a)(3)(iii)];
[4]
Be constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that are
designed and/or located to prevent water from entering or accumulating
within the components during conditions of flooding [CFR 60.3(a)(3)(iv)].
(2)
Specific standards.
(a)
Construction standards in special flood hazard areas (SFHA)
Zones A and AE for residential and nonresidential construction. All
new construction and substantial improvements of structures shall
have the bottom of the lowest floor, including basement, elevated
2.0 feet above the base flood elevation (BFE) [CFR 60.3(c)(2) and
(3)]. The bottom of all electrical, heating, plumbing, ventilation
and air-conditioning equipment, appliances, fixtures and components,
HVAC duct work and duct systems, and any other utility service equipment,
facilities, machinery, or connections servicing a structure shall
be elevated 2.0 feet above the base flood elevation (BFE). This includes,
but is not limited to, furnaces, oil or propane tanks, air conditioners,
heat pumps, hot water heaters, ventilation duct work, washer and dryer
hookups, electrical junction boxes, and circuit breaker boxes.
[Amended 4-11-2023]
(b)
Manufactured homes. In all special flood hazard areas (SFHA),
any manufactured homes placed or substantially improved shall be elevated
on a permanent foundation such that the bottom of the frame of the
lowest floor is 2.0 feet above the base flood elevation (BFE) and
shall be securely anchored to an adequately anchored foundation system
to resist flotation, collapse and lateral movement. This includes
manufactured homes meeting one of the following location criteria:
[Amended 4-11-2023]
[1]
Outside of a manufactured home subdivision;
[2]
In a new manufactured home subdivision;
[3]
In an expansion to an existing manufactured home subdivision;
or
[4]
In an existing subdivision on which a manufactured home has
incurred substantial damage as a result of a flood [CFR 60.3(b)(8)
and 60.3(c)(6)].
(c)
Recreational vehicles. Recreational vehicles placed on sites
within a SFHA shall be on the site for fewer than 180 consecutive
days and be fully licensed and ready for highway use. A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions [CFR
60.3(c)(14)].
(d)
In a regulatory floodway, no encroachments, including fill,
new construction, substantial improvements and other developments
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any (0.00
feet) increase in flood levels during a base flood discharge. [CFR
60.3(d)(3)].
(3)
Standards for watercourses without established base flood elevations
(unnumbered A Zone), adopted floodways and/or flood mapping.
(a)
In the absence of base flood elevation (BFE) and floodway data,
the Director of Community Development shall obtain, review and utilize
any data available from a federal, state, or other source to assure
that new or substantially improved residential structures are elevated
to or above the base flood elevation and nonresidential structures
are either elevated or floodproofed to or above the BFE. If no BFE
can be determined, the lowest floor, including basement, must be elevated
to two feet above the highest adjacent grade next to the structure
[CFR 60.3(b)(4)].
(b)
Until a regulatory floodway is designated, no new construction,
substantial improvements, or other development, including fill, shall
be permitted within Zones A1-30 and AE unless it is demonstrated that
the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the base flood elevation more than 1.0 foot at any point in the community
[CFR 60.3(c)(10)].
(c)
Floodway data may be requested of an applicant for watercourses
without FEMA-published floodways. When such data is provided by an
applicant or whenever such data is available from any other source
(in response to the municipality's request or not), the community
shall select and adopt a regulatory floodway that must carry the waters
of the base flood without increasing the BFE more than 1.0 foot at
any point within the community [CFR 60.3(d)(2)].
(4)
Design standards for subdivision proposals. If a proposed subdivision
is located in a special flood hazard area (SFHA), the following requirements
shall apply:
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage [CFR 60.3(a)(4)(I)];
(b)
All subdivision proposals shall have public utilities and facilities
located and constructed to minimize or eliminate flood damage [CFR
60.3(a)(4)(ii);
(c)
All subdivision proposals shall have adequate drainage provided
[CFR 60.3(a)(4)(iii);
(d)
BFE data shall be required for all new subdivision proposals
and other proposed developments greater than 50 lots or five acres,
whichever is the lesser [CFR 60.3(b)(3)].
F.
Approval procedure.
[Amended 10-7-2019]
(1)
The application for approval of a development in a floodplain shall
be submitted as part of a development application process to the approving
authority and shall include, as a minimum, the following:
(a)
Three black-and-white prints of a plot plan of the premises
drawn to scale and certified by a licensed land surveyor and civil
engineer, showing the actual shape and dimensions of the lot, the
size and location of all existing and proposed structures and land
uses, the layout of parking and loading facilities and access thereto,
existing and proposed grades and existing and proposed floodplain
limits of all watercourses.
(b)
A detailed drainage study prepared by a registered professional
engineer in the State of Connecticut, detailing existing and proposed
hydrology and hydraulics of the site and any watercourses thereon.
The study should include a predevelopment and postdevelopment analysis
and statement of the development's effects on peak runoff and water
surface elevations for all standard storm events from the five-to-one-hundred-year
storm events.
(c)
Such other information as required by the Director of Community
Development to determine compliance with these regulations.
(d)
The approvals from all appropriate state and federal agencies
for the development project.
(2)
The Director of Community Development shall review and advise the
approving authority of the proposed plan's compliance with these regulations
within 30 days after receipt.
(3)
No building permit shall be issued which is not in conformance with
the approved plan and with any other regulations governing the use
of the applicant's property.
G.
Penalty. Any private person or any firm or corporation
who violates this section shall be fined $100 for each day that such
violation is continued. Nothing herein contained shall prevent the
Town of West Hartford from taking such lawful action as is necessary
to prevent or remedy any violation.
H.
Structures already in compliance: A structure or development
already in compliance with this section shall not be made noncompliant
by any alteration, modification, repair, reconstruction or improvement
and must also comply with other applicable local, state, and federal
regulations. No structure or land shall hereafter be located, extended,
converted, modified or structurally altered without full compliance
with the terms of this section and other applicable regulations.
I.
Abrogation and greater restrictions. This section
is not intended to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this section conflicts
or overlaps with another ordinance, regulation, easement, covenant,
or deed restriction, the more stringent restriction shall prevail.
J.
K.
Warning and disclaimer of liability. The degree of
flood protection required by this section is considered the minimum
reasonable for regulatory purposes and is based on scientific and
engineering consideration and research. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This section does not imply or guarantee that land
outside the special flood hazard area or uses permitted in such areas
will be free from flooding and flood damages. This section shall not
create liability on the part of the Town of West Hartford or its agents,
officers or employees for any flood damages that result from reliance
on this section or any administrative decision lawfully made thereunder.
The Town of West Hartford, its officers and employees shall assume
no liability for another person's reliance on any maps, data or information
provided by the Town of West Hartford.
L.
Severability. If any terms, phrases, sentence, paragraph,
section or article of this section shall be declared invalid for any
reason, such decision shall not affect the remaining parts of this
section, and such parts shall continue in full force and effect and
are hereby declared to be severable.
[Added 1-26-1988]
A.
Purpose and area designation.
(1)
The purpose of this section is to:
(a)
Recognize voluntarily the agreement between
the State of Connecticut, Department of Environmental Protection,
and the United States Corps of Engineers concerning the construction
of the Park River Conduit System.
(b)
Substantially preserve the storage pool of the
Park River Conduit System.
(c)
Alert potential developers of the risk of development
in the Park River Project water storage area.
(2)
The area of the Park River Project water storage area
is defined as all lands below elevation 54 MDC (52 NGS) datum along
the Park River, Piper Brook or Trout Brook in the Town of West Hartford.
B.
Standards for approval.
[Amended 10-7-2019]
(1)
In the Park River Project water storage area, no structure shall
be erected, expanded or structurally altered, and no land shall be
excavated, filled, graded or paved until the Director of Community
Development approves the development application and advises the approving
authority of the application's conformance with the following regulations:
(a)
The volume of the water storage area up to elevation 54 MDC
(52 NGS) datum shall be substantially preserved such that no more
than the minimum fill necessary to make the site functional may be
permitted.
(b)
The volume of the building, if not floodproofed, shall not be
considered as occupying water storage.
(c)
The grading of the site, excluding building volume, shall substantially
balance cuts and fills below elevation 54 MDC (52 NGS).
(d)
An applicant shall note on the plan the existence of the elevation
54 MDC (52 NGS) and the Park River Project water storage area.
C.
Approval procedure.
[Amended 10-7-2019]
(1)
The application for approval of a development in the Park River Project
water storage area shall be submitted as part of the development application
process to the approving authority and shall include as a minimum
the following:
(a)
Three black-and-white prints of a plot plan of the premises
drawn to scale and certified by a licensed land surveyor and civil
engineer, showing the actual shape and dimensions of the lot, the
size and location of all existing and proposed structures and land
uses, the layout of parking and loading facilities and access thereto
and existing and proposed grades.
(b)
Calculations which illustrate the balancing of cuts and fills
as required above.
(c)
The approvals from all appropriate state and federal agencies
for the development project.
(2)
The Director of Community Services shall review and advise the approving
authority of the proposed plan's compliance with these regulations
within 30 days after receipt. The failure of the Director of Community
Development to act within 30 days shall constitute an approval of
the plan.
(3)
The approving authority shall not approve any application until it
receives the comments of the Director of Community Development regarding
compliance with these regulations.
(4)
No building permit shall be issued which is not in conformance with
the approved plan and with any and all other regulations governing
the use of the applicant's property.
D.
Penalty. Any private person or any firm or corporation
who violates this section shall be fined $100 for every day that each
such violation continues.
E.
Abrogation and greater restrictions. This section
is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions.
G.
Warning and disclaimer of liability. The degree of
storage protection required by this section is considered reasonable
for regulatory purposes and is based upon scientific and engineering
considerations. This section does not imply that land outside the
Park River Project storage area will be free from flooding or flood
damages. This section shall not create liability on the part of the
Town of West Hartford or its agents, officers or employees for any
flood damages that result from reliance on this section or any administrative
decision lawfully made hereunder.
A.
Statement of purpose. The following standards are
intended to secure adequate light, air and privacy for dwelling units
facing a court of buildings on the same lot.
B.
Standards. The minimum horizontal width between opposite
walls of a court shall be as follows:
(1)
Where two or more of the opposite walls contain windows
of habitable rooms, the width shall be at least twice the height of
the highest of said walls or 75 feet, whichever is more, except that
a distance of not less than 50 feet shall be permitted for a length
of not more than 100 feet for buildings of two or fewer stories and
for a length of 50 feet for buildings of three or more stories, provided
that exceptions shall not be repeated within 100 feet, measured along
the same side of the court. A distance of more than 120 feet shall
not be required.
 Illus.tif.png) |
(2)
Where only one of the opposite walls contains windows
of habitable rooms, the width shall be at least equal to the height
of the highest wall containing no windows or 30 feet, whichever is
more, except that a distance of not less than 50 feet shall be permitted
for a length of not more than 50 feet for buildings of five or more
stories, provided that exceptions shall not be repeated within 100
feet measured along the same side of the court.
(3)
When opposite walls contain no windows of habitable
rooms, the width shall be at least 1/3 of the height of the highest
wall or 10 feet, whichever is more.
(4)
Where one or more of the opposite walls of a court
of less than 20 feet in length contain windows of habitable rooms,
the width shall be at least 30 feet.
A.
Usable open space shall be provided for all dwelling units in multifamily districts in the amount specified in § 177-6E for the use and enjoyment of residents in multifamily dwellings or one-family detached dwelling units. Such open space may be provided jointly for several families or separately for use by one family.
B.
Open space which is intended for use by more than
one family may be provided on the ground or on the top of structures,
and it shall be at least 25 feet wide.
C.
Open space which is intended for use by one family may be provided on balconies, terraces or in patios, and it shall be at least six feet wide and directly accessible from the dwelling unit it is intended to serve. Such open space may be counted as twice its actual area if it is properly screened for privacy from vision and noise from areas used by other families and if it can be used as a private extension of the dwelling units. In no case, however, shall such open space be given credit for more than the minimum required area as specified in § 177-6E.
D.
Any area between a building line and a street line
shall not be considered as usable open space.
[Amended 10-28-1969; 11-14-1989; 7-23-2013; 5-13-2014; 7-21-2015]
A.
The standards of the R-6 District shall be met for single-family
residences in the RM, RM/O, BO and BN and BND Districts. The standards
of the RM-1 District shall be met where a lot in the BO, BN, BND,
BC or RM/O District is used for multifamily residential purposes only,
except that requirements for side and rear yards of the district in
which said lot is located shall apply if the wall of a residential
building contains no windows of habitable rooms.
B.
The following standards shall be met where a lot in the BO, BN, BND,
BC, BG or RM/O District is used for residential and business purposes:
(1)
The requirement for lot area per dwelling unit, usable open space
per dwelling unit and maximum height shall be those of the RM-1 District.
(2)
The yard requirements shall be those of the district in which said
lot is located, except along all building walls containing windows
of habitable rooms of dwelling units where the yard requirements of
the RM-1 District apply.
(3)
In the BG Zone, dwelling units may only be established on floors
above the ground-floor level.
C.
The following standards shall be met where a lot in the IG or IR
District is used for mixed residential and business purposes:
(1)
The requirement for lot area per dwelling unit and usable open space
per dwelling unit shall be those of the RM-1 District.
(2)
The yard and screening requirements shall be those of the IG District
for Yards and Screening Adjoining Residential Districts.
(3)
The maximum floor area ratio shall be 1.0.
[Added 6-13-2017]
The keeping of one or more colonies of the common domestic honeybee, Apis mellifera, shall be a permitted accessory use in those districts specified under § 177-6C, Item 28 of the Schedule, subject to the following:
A.
Standards.
(1)
The minimum lot size required for beekeeping shall be 6,000 square
feet.
(2)
The maximum number of colonies shall be subject to the following
limitations:
|
Zoning District
|
Maximum No. of Permitted Colonies Per Lot
| |
|---|---|---|
|
R-6
|
1
| |
|
R-10, R-13 and R-20
|
2
| |
|
R-40
|
3
| |
|
R-80
|
4
|
(3)
All colonies shall be located in rear yards and shall be located
not less than 20 feet from any property line.
(4)
A flyway barrier of at least six feet in height must shield any part
of a property line within 50 feet of a colony. The flyway barrier
may consist of a wall, fence, dense vegetation or a combination thereof,
such that honeybees will fly over rather than through the material
to reach the colony.
(5)
An on-site source of fresh water shall be provide and shall be located
closer to the hive than any water source on adjacent property.
C.
Application procedure.
(3)
The Town Planner shall review applications for the keeping of honey
bees and shall approve, disapprove or approve with modification such
proposed application within 30 days after having received all of the
information described in this section.
(4)
The Town Planner shall give notice of the application by sending,
by certificate of mailing, a copy of the application to the owners
of all adjoining property to the property which is the subject of
the application.
(5)
The applicant shall post a sign giving notice of the application
in a conspicuous place on the property for which the keeping of honeybees
is sought, visible from a public street. Said sign shall be posted
from the date an application is received by the Town Planner and shall
remain in place until a decision on the application has been made.
(6)
Permits shall be renewed annually, at no cost, and may be revoked
if the permit has not been renewed within one week of the expiration
of the prior permit.
(7)
Failure to comply with any of these conditions may result in the
revocation of the permit.
D.
State requirements.
(1)
The applicant shall obtain all necessary permits prior to the installation
of any colony and shall annually, on or before the first day of October,
make application to the State Entomologist for the registration of
bees. Following the issuance of the initial permit, no application
for a permit or renewal of a permit to keep bees shall be considered
until proof of registration with the State of Connecticut Entomologist
is provided.
[1]
Editor's Note: Former § 177-12,
Minimum floor area for dwelling units, was repealed 9-27-1994.
[Amended 2-13-1990; 4-9-2002]
A.
Purpose. The provisions for open space development
are intended to:
(1)
Encourage the establishment of open spaces in residential
neighborhoods to provide recreational opportunities for their residents.
(2)
Enhance the appearance of the community.
(3)
Preserve areas and features of exceptional natural
beauty, particularly land areas along ridge lines and specimen trees.
(4)
Protect historical and archaeological sites and cultural
monuments, such as stone walls.
(5)
Preserve ponds, swamps, aquifers and watercourses
necessary for drainage and storage of stormwater and protect such
bodies of water from pollution and from unusual erosion hazards due
to lack of topsoil and vegetation, excessive stream velocity, steep
slopes or unstable soils.
(6)
Prevent the excessive runoff of drainage water and
the consequent depletion of groundwater.
B.
Procedure.
(1)
All open space developments of detached dwellings shall also be subject to the provisions of Chapter A184, Subdivision Regulations, of the Code of the Town of West Hartford where those regulations are applicable.
(2)
All open space developments of attached dwellings shall be subject to the provisions of § 177-42A, in which case the special use permit application shall include the information required by § A184-20A and B of the West Hartford Subdivision Regulations, as may be amended, and the Commission shall apply the evaluative provisions of the Subdivision Regulations. In addition, if subdivision of land is contemplated, all open space developments shall also be subject to all other provisions of Chapter A184, Subdivision Regulations.
(3)
To determine the number of dwelling units in an open
space development, the applicant may choose either one of the following
means:
(a)
The total land area of the subject tract plus
1/2 of the area of all streets on which said tract has frontage and
which are not part of said tract shall be divided by the average gross
lot area according to the following schedule:
|
District
|
Average Gross Lot Area
(square feet)
| |
|---|---|---|
|
R-80
|
120,000
| |
|
R-40
|
60,000
| |
|
R-20
|
30,000
| |
|
R-13
|
19,150
| |
|
R-10
|
15,750
| |
|
R-6
|
9,000
|
(b)
A preliminary subdivision plan of the subject tract conforming to Chapter A184, Subdivision Regulations, shall be submitted to the Plan and Zoning Commission, and if said plan is approved by the Commission, the number of lots indicated on said preliminary subdivision plan shall equal the number of dwelling units permitted in the open space development.
(4)
In approving the open space development, the Plan
and Zoning Commission shall determine that the areas shown as open
space on the plan are assured of continuing in such status, subject
to legal instruments approved by the Corporation Counsel as adequate
to ensure such permanence, through the mechanism of a homeowners'
association obligated to maintain, protect and preserve the open space.
(5)
In order to assure such permanency of open space,
the Plan and Zoning Commission may require that the applicant furnish
such legal documents as are necessary to guarantee such permanency.
(6)
The Plan and Zoning Commission also shall determine
that the individual owners have responsibility for the proper maintenance
for the open space and other jointly owned areas and facilities and
that in the ownership agreement there is an effective method for assessing
the cost of such maintenance, including provisions deemed adequate
by the Corporation Counsel entitling the Town of West Hartford to
compel reimbursement by individual homeowners for costs necessary
to maintain and protect the open space objective of this section.
(7)
Land set aside as open space may be utilized to provide regrading necessary to construct houses or accessory uses and/or to construct required septic system areas for dwelling units located on the same lot. Disturbance of the land shall be the minimum necessary, consistent with good construction practices and as shown on the plot plan approved by the Town Engineer and the Town Planner. The disturbed surface of the land shall be returned to a natural state incorporating indigenous plantings after completion of the construction activity and shall not be considered to have been permanently altered per § 177-14A, Note 1. At the discretion of the Commission, land set aside as open space may be devoted to public or private passive recreation uses if kept in its natural state unless the result would be to weaken or negate the achievement of the objectives of this section.
(8)
Any new roads in an open space development shall,
whenever possible, follow existing contour lines to minimize erosion
and to minimize the intrusion of the road into the natural and open
environment these regulations are designed to encourage. Buildings
and structures should similarly be located to minimize their visual
intrusion into the environs and to maximize their ability to benefit
from passive solar heating.
(9)
In approving an open space development, the Commission
shall determine that the overall traffic design is efficient and safe
based on the traffic conditions in the area under review. In an R-80
open space development project, the number of entry/exit points onto
heavily traveled Town or state public roads shall be minimized.
[Amended 11-15-1977; 11-28-1978; 2-13-1990; 4-9-2002; 11-9-2004]
A.
Detached dwellings. Bulk regulations for open space
developments of detached dwellings shall be as follows:
|
District
|
Minimum Lot Area
(square feet)
|
Minimum Average Lot Width
(feet)
|
Minimum Average Lot Depth
(feet)
|
Yards
|
Maximum Building Height
|
Maximum Lot Coverage
|
|---|---|---|---|---|---|---|
|
R-80
|
20,0001
|
150
|
100
|
As specified in § 177-6D of this chapter
|
As specified in § 177-6D of this chapter
|
As specified in § 177-6D of this chapter
|
|
R-40
|
25,000
|
120
|
160
| |||
|
R-20
|
14,000
|
90
|
120
| |||
|
R-13
|
9,500
|
70
|
100
| |||
|
R-10
|
8,000
|
60
|
100
| |||
|
R-6
|
5,000
|
50
|
100
|
|
NOTES:
| |
|---|---|
|
1
|
1. Within the R-80 Zone, a maximum
of 50% of the entire area of a subdivision may be altered permanently,
and in the case of a lot which is not otherwise subject to subdivision
regulations, up to 50% of the lot may be altered permanently.
|
B.
Attached dwellings.
(1)
Bulk regulations for open space developments of attached
dwellings shall be as follows:
|
District
|
Minimum Area of Tract
(acres)
|
Minimum Area of Plot Occupied
by Dwelling Unit and Private Yard
(square feet)
|
Minimum Width of Dwelling Unit
(feet)
|
Front Yard
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Maximum Building Height
|
|---|---|---|---|---|---|---|---|
|
R-80
|
6
|
2,000
|
30
|
Observe building line in all zoning
districts
|
50
|
100
|
As specified in § 177-6D of this chapter
|
|
R-40
|
4
|
1,500
|
25
|
40
|
100
| ||
|
R-20
|
2
|
1,000
|
18
|
30
|
80
| ||
|
R-13
|
2
|
1,000
|
18
|
20
|
70
| ||
|
R-10
|
2
|
1,000
|
18
|
20
|
70
| ||
|
R-6
|
2
|
1,000
|
18
|
20
|
70
|
(2)
Front, side and rear yards not adjoining the boundaries
of the subject tract are not required; however, where provided, they
shall be at least 10 feet.
(4)
Each dwelling unit shall have at least one private
yard of not less than 250 square feet, enclosed on all sides with
a solid fence or wall at least seven feet high, except that no such
fence or wall shall be required where said yard adjoins any portion
of the open space at least 50 feet wide.
[Amended 11-15-1977; 11-9-2004]
A.
The total area of the open space shall be at least
equal to the area resulting from the actual reduction of the individual
lot areas. At least 75% of the open space shall be 50 feet wide or
more.
B.
The open space may be established in separate parcels
or as a conservation easement across individual lots, provided that
at least 50% of the total open space is contiguous, and provided further
that no area of less than 2,500 square feet or a width of less than
20 feet shall be considered as part of the open space.
C.
All dwelling units shall have access to land designated
as open space.
D.
Land which has been established as either a wetland
or watercourse for purposes of inland and wetlands and watercourses
regulation shall be excluded from any open space area calculations.
E.
All residents of an open space development shall have
the same rights and responsibilities regarding the use of the open
space and all facilities provided therein.
[Added 3-11-1975]
A group-care facility shall be subject to the provisions of § 177-42A and shall also be subject to the following provisions:
A.
A special use permit shall be granted to the person,
firm or corporation conducting the facility, and it shall not be assignable
or transferable, nor shall it be considered a right vested in the
premises. It shall be granted for an initial period of two years and
shall be subject to renewal every three years thereafter.
B.
Application for special use permit.
[Amended 5-10-2005]
(1)
An application for a special use permit for a group-care facility shall be made to the Town Plan and Zoning Commission pursuant to the provisions of § 177-41A and shall include, in addition to the requirements of § 177-41B, such additional information as the Building Inspector, the Director of Health and the Chief of the Fire Department shall deem necessary.
(2)
Upon submission of such application:
(a)
The Chief of the Fire Department shall forthwith
examine said premises for the purpose of determining its suitability
for such occupancy with respect to the fire and safety laws and regulations
of the state and the Town. The Chief shall file a written report with
the Town Plan and Zoning Commission of approval or disapproval of
the application. In the event of disapproval, the Chief shall set
forth in the report the repairs, alterations or limit in the number
of occupants necessary to meet the requirements of the fire and safety
laws and regulations or shall report that, in the Chief's opinion,
the building cannot be repaired or altered to conform to such requirements.
(b)
The Director of Health shall forthwith examine
said premises for the purpose of determining suitability for such
occupancy with respect to the health and sanitation laws and regulations
of the state and Town. The Director shall file a written report with
the Town Plan and Zoning Commission of approval or disapproval of
the application. In the event of disapproval, the Director shall set
forth in the report the repairs, alterations or limit in the number
of occupants necessary to meet the requirements of the health and
sanitation laws and regulations or shall report that, in the Director's
opinion, the building cannot be repaired or altered to conform to
such requirements.
(c)
The Building Inspector shall forthwith examine
said premises for the purpose of determining its suitability for such
occupancy with respect to the Building Code and building regulations
of the state. The Building Inspector shall file a written report with
the Town Plan and Zoning Commission of approval or disapproval of
the application. In the event of disapproval, the Building Inspector
shall set forth in the report repairs, alterations or a limit in the
number of occupants necessary to meet the requirements of the Building
Code and regulations or shall state that, in the Building Inspector's
opinion, the building cannot be repaired or altered to conform to
such requirements.
(3)
Upon receipt of such reports, the staff of the Town
Plan and Zoning Commission shall immediately forward a copy thereof
to the applicant.
C.
The Plan and Zoning Commission shall attach such conditions,
safeguards or restrictions as are necessary to ensure continued compliance
with the terms of the special use permit, including a limitation on
the duration of the special use permit.
D.
In addition to any other conditions, safeguards or
restrictions that the Plan and Zoning Commission may impose, the grant
of a special use permit for a group-care facility shall always be
subject to the following conditions:
(1)
No building shall be occupied as a group-care facility, nor shall any special use permit become effective, until a license to conduct the same has been issued pursuant to the provisions of Chapter 98, Group-Care Facilities.
(2)
The development of the premises and the construction
or remodeling of the building shall be compatible with the surrounding
neighborhood and the residence district and may be specifically restricted
by the Plan and Zoning Commission as it deems appropriate in the public
interest, including limitations and restrictions on parking.
(3)
The building shall be constructed or remodeled in
such a manner so that it will remain usable and salable for dwelling
use if the use as a group-care facility is terminated.
(4)
No special use permit for a group-care facility to
serve a particular class of persons shall be changed or expanded to
serve another function or to serve any other class of persons without
a new and separate special use permit. No enlargement of the occupancy
shall be permitted, and no structure shall be enlarged nor any additional
building constructed on the premises, without a new, separate and
specific special use permit.
(5)
No such special use permit shall be granted to house
fewer than six persons, excluding the operator, the operator's staff
and their respective families.
(6)
No such special use permit shall be granted for a
location within a radius of less than 1,500 feet from another group-care
facility.
E.
Notwithstanding the prior grant of a special use permit,
the Plan and Zoning Commission may revoke it at any time after due
notice and hearing upon a finding that there has been a failure to
comply with any of the conditions set forth herein or any of the conditions,
safeguards or restrictions imposed by the Plan and Zoning Commission
or if it finds that such operation or use unreasonably interferes
with the use and enjoyment of neighboring property. The official charged
with the enforcement of this chapter may file a complaint for revocation
of the special use permit with the Plan and Zoning Commission. This
section shall take effect on the 45th day following passage.
[Added 4-21-1987]
A.
Child day-care centers shall be subject to the requirements of § 177-42A and the following additional provisions:
[Amended 1-23-2024]
(1)
Fenced play areas shall not be closer than 10
feet to the property line of adjacent residentially developed property.
(2)
For each application for a special use permit for a child day-care center, a written report of the Town's Manager of Traffic and Transportation as to the traffic circulation on the site and such other relevant information shall be provided the Town Plan and Zoning Commission prior to its hearing pursuant to § 177-42.
(3)
Child day-care centers which are operating as of the effective date of this section shall not be required to comply with the provisions of this Subsection A, should renewal of a special use permit be required to continue the existing use, provided that, upon expansion of the use and/or significant renovations to the facility, an amended special use permit application shall not be approved without compliance with the provisions of this subsection.
B.
Family day-care homes shall be subject to the requirements
of building and/or zoning permits and, in addition, shall register
with the Town of West Hartford by forwarding annually to the Director
of Health of the Town a copy of the state license required pursuant
to C.G.S. § 19a-87b as amended.
[Amended 6-28-1994; 5-10-2005]
[Added 6-9-1987]
The Town Council of West Hartford has found
and determined that:
A.
The easy and convenient availability of certain types
of firearms has increased the potential for firearm-related deaths
and injuries from violent crimes, such as armed robbery and aggravated
assault, as well as from accidents arising from the use of firearms;
B.
The permissible inclusion of retail stores selling firearms in a neighborhood business district is inconsistent with the purposes and requirements of that district as described in § 177-3B(3) of the West Hartford Code because firearm stores do not provide convenience goods and services for the neighboring residential areas and because such stores cater to a market area substantially larger than the neighborhood the district is intended to serve;
C.
The permissible inclusion of retail stores selling
firearms as a permitted accessory use, rather than as a permitted
main use, would be more consistent with the purposes and requirements
of the Shopping Center District, the General Business District and
the Central Business District; and
D.
The public health, safety and welfare of its citizens
will be protected by limitations of retail firearm stores to certain
zoning districts.
[Added 11-14-1989; amended 6-27-2000]
Professional offices shall be allowed in RM/O and RCO Zones subject to the requirements of § 177-42A and the following additional provisions:
A.
Professional services shall be limited to those permitted pursuant to the definition of "home occupation" in § 177-2 (which excludes walk-in medical/dental clinics).
B.
In the RM/O Zones, professional offices may only be
located on the first floor, and residential uses are required in upper
floors.
C.
Professional offices may be located on the first and
upper floors in the RCO Zones.
D.
Parking shall be provided as required in § 177-32, except that the Plan and Zoning Commission shall be empowered to permit a reduction in parking below the levels required pursuant to § 177-32 if such reduction will aid in maintaining the residential character of the property and will not result in an inadequacy of on-site parking for the uses proposed on the premises. In no event, however, shall parking in an RCO Zone be reduced below the number of spaces already in existence. The number of parking spaces provided in an RCO Zone shall not exceed the minimum number required pursuant to § 177-32. In order to maintain the residential character, the Plan and Zoning Commission may grant a waiver for the striping of parking spaces.
E.
Except as provided in this section, the silhouette and/or facade of the building after conversion and the residential appearance of the building shall not be changed except as is necessitated for compliance with Building Code requirements, to adjust the front entrance to the building or to add a porch or other element giving shelter to persons waiting at the front entrance. The Town Plan and Zoning Commission shall evaluate whether the proposed changes to the silhouette and/or facade of the building or the proposed reconstruction will maintain the residential appearance and be in accordance with the purposes of the Residential/Multifamily-Office and Residential Character-Office Zones. The Commission's conditions authorized by § 177-42A(5) may include provisions to ensure that the converted building will be in harmony with its immediate neighbors and will otherwise satisfy the objectives of the Residential/Multifamily-Office and Residential-Character-Office Zones.
F.
Side yard minimums may be reduced to 10 feet where
necessary to permit a building to be granted a special use permit
under this section, except in areas adjacent to single-family residence
zones.
G.
Site lighting shall be residential in character and in scale. Average illumination shall not exceed 1.0 footcandle in any rear yard parking area or side yard. Site lighting shall be turned off no later than 10:00 p.m. except for security lighting which is triggered temporarily by motion or sound. Site lighting design and intensity shall be regulated by the Town Plan and Zoning Commission pursuant to § 177-42A.
[Added 11-14-1989]
In addition to the requirements in § 177-6, to ensure that the purposes of the BND Zone are being served, any separately identifiable store in a Neighborhood Business Design District (BND) Zone shall not have more than 3,000 square feet of floor area devoted to sales and activities associated with sales, excluding only storage areas located on a separate story. Stores in which at least 75% of the floor area is devoted to sales of food or activities associated with the sale of food may have a maximum square footage of 4,500 square feet.
[Added 11-14-1989; amended 9-26-2023]
To encourage the use of the Neighborhood Business Design District, the Neighborhood Business District and the Shopping Center District and the appropriate development and redevelopment within those districts, which further the goals outlined in the Plan of Conservation and Development, upon application to the Town Council for a special development district, pursuant to § 177-44 the Town Council may grant the development bonuses set forth in Subsection B provided that the Town Council makes the findings in Subsection A in addition to the findings required pursuant to § 177-44.
A.
Findings.
(1)
That the development is of a contextually sensitive design and
appropriate scale, taking into account the height and setback requirements
of adjoining properties in more restrictive zones.
(2)
That the development incorporates adequate landscaping and open
space to accommodate an increased intensity of use above that allowed
as of right.
(3)
That a right-sized, adequate amount of parking exists to meet
the demand of the existing and proposed development.
(4)
That adequate street capacity exists on adjacent streets to
accommodate the traffic projected to result from any increased intensity
of use above that allowed as of right.
(5)
That appropriate bicycle and pedestrian amenities, including
but not limited to bicycle storage and/or parking, park benches and
pedestrian walkways, are provided.
B.
Development bonus standards.
(1)
Additional development bonuses are available for projects in the BND, BN and BS Districts that satisfy the criteria as set forth in § 177-43D(1).
(2)
In addition to the development bonuses identified above, the
maximum height of buildings in the BND and BN Districts may be increased
to three stories or 36 feet, whichever is less.
[Added 11-14-1989; amended 7-8-2003; 11-14-2017]
A.
The Town Council of West Hartford, through adoption of the Plan of Development, finds that areas zoned CBDH are characterized by physically and economically underutilized properties from the perspective of a suburban central business area and that these areas are also appropriate for residential development. It further finds that areas zoned CBDH are conducive to expanded building intensity use if the impact on the Town's infrastructure, traffic circulation and parking, residential neighborhoods and community facilities is addressed satisfactorily. Accordingly, the height of buildings may be increased to six stories, the maximum lot coverage of all buildings may be increased to that area remaining after provisions for yard requirements and parking are met (unless said parking and/or yard requirements are waived by the Town Council) and the floor area ratio may be increased to 4.00 upon application to the Town Council for a special development district, provided that the following criteria, in addition to the criteria of § 177-44, are met:
(1)
The Town Council must find that adequate parking
exists to meet the needs of the proposed development.
(2)
The Town Council must find that adequate street
capacity exists on Raymond Road and on adjacent streets to accommodate
the traffic projected to result from any increased intensity of use
above that allowed as of right.
(3)
The Town Council must find that appropriate
pedestrian amenities, such as but not limited to park benches and
pedestrian walkways, are provided.
B.
To encourage appropriate development in the BC Zone and in an effort to ensure that the district accommodates shopping, dining, leisure, work, housing and governmental services in an architecturally, economically and socially diverse and pedestrian-friendly environment that fosters a strong sense of community and meets the goals of the Town of West Hartford as outlined in the Plan of Conservation and Development, the Town Council may authorize the alterations of standards in the BC Zone for floor area and dwelling units, upon application to the Town Council for a Special Development District provided that criteria of § 177-44, as may be modified or supplemented by Subsection B(1), are met and the findings listed in Subsection B(2) are made:
(1)
The following listed alterations of standards are available
as set forth herein. These alterations are cumulative and may be combined
in any qualifying development:
(a)
Affordable housing developments:
[1]
The number of those residential dwelling units
in an affordable housing development which are designated as affordable
shall be excluded in determining the maximum number of dwelling units
permitted on a lot. In no case, however, shall the total of all dwelling
units provided exceed 115% of that allowed in the district.
[2]
The floor area of those residential dwelling units
in an affordable housing development which are designated as affordable
shall be excluded in determining maximum permitted floor area ratio.
(b)
Historic preservation developments:
[1]
Each square foot of floor area within a historic
building or structure which is preserved shall be excluded in determining
maximum permitted floor area ratio; provided, however, that such historic
preservation development should reflect the scale and design of the
existing historic building which is preserved and be of an architectural
quality that is compatible and complimentary to the existing historic
building.
(c)
Infill developments:
[1]
The floor area of the ground floor shall be excluded
in determining maximum permitted floor area ratio.
(d)
Public space:
[1]
For each square foot of public space provided,
two square feet of floor area shall be excluded in determining maximum
permitted floor area ratio.
(e)
Private parking garages:
[1]
The floor area of any private parking garage providing
dedicated parking spaces for the use of residential, retail or other
commercial occupants of the lot and/or their invitees shall be excluded
in determining maximum permitted floor area ratio. This exclusion
shall only apply to a private parking garage which:
(f)
Public art:
[1]
For each $1,000 of installed cost of public art,
10 square feet of floor area shall be excluded in determining maximum
permitted floor area to a maximum exclusion of 1,500 square feet.
In order to qualify for this exclusion, a report prepared by a qualified
expert and documenting the installation costs and appraised value
of the art shall be provided to the Town Council.
(2)
The alterations of standards set forth in Subsection B(1) of this section shall be available provided that the following findings are made by the Town Council:
(a)
That development is of a contextually sensitive design and appropriate
scale, taking into account the height and setback requirements of
adjoining properties in more restrictive zones.
(b)
That adequate parking exists to meet the demand of the existing
and proposed development.
(c)
That the development is in harmony with the open feeling and
presence of natural light within the public realm of the district.
(d)
That adequate street capacity exists on adjacent streets to
accommodate the traffic projected to result from any increased intensity
of use above that allowed as of right.
(e)
That appropriate bicycle and pedestrian amenities, such as but
not limited to bicycle storage and/or parking, park benches and pedestrian
walkways, are provided.
(3)
The requirements of § 177-44.1 shall also be met with respect to properties located within the Traditional Neighborhood Design District, where applicable. To the extent that the incentives allowed pursuant to this Subsection B are inconsistent with the requirements of § 177-44.1 as applied to any lot located within the Traditional Neighborhood Design District, the requirements of § 177-44.1 shall prevail.
[Added 1-13-1998]
A.
Preamble. This section is intended to regulate telecommunications
facilities to the fullest extent permissible within the limits established
by the Federal Telecommunications Act of 1996, Public Law 104-104
(the Act). Wherever possible, the terms of this section should be
interpreted in a manner consistent with the Act, with any amendments
to the Act which may be adopted hereafter and with any court or regulatory
agency decisions interpreting the Act. This section shall not be construed
to regulate or apply in any way to any use where such regulation or
application would conflict with or be preempted by any provision of
state or federal law. The uses defined, regulated or permitted pursuant
to this section shall not be deemed to fall within any other category
of use (whether defined or undefined) which is regulated by the Zoning
Ordinances of the Town of West Hartford.
B.
ANCILLARY FACILITIES
ANTENNA
COLLOCATION
DISGUISED ANTENNA
FALL ZONE
PROPRIETOR
SUPPORTING STRUCTURE
TELECOMMUNICATIONS
TELECOMMUNICATIONS ACT
TELECOMMUNICATIONS CARRIER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any equipment, cables, lines, cabinets, fences or other structures
associated with the operation of an antenna and which are located
on the same site as the antenna. Ancillary facilities shall not include
supporting structures as defined elsewhere herein.
A device, commonly in the form of a metal rod or plate, wire
panel or dish, used to transmit or receive telecommunications signals.
An antenna is typically mounted upon a supporting structure or upon
a building, steeple, bell tower or other structure.
The placement of multiple antennas upon a single supporting
structure by multiple telecommunications carriers.
An antenna and any associated supporting structure regulated
by this section which has been modified in shape, size, configuration
or visual appearance through the use of architectural, engineering
or other techniques in an effort to minimize its visibility when installed
in a specific location. The Town Planner shall have the authority
to determine whether any specific antenna and supporting structure
has been modified sufficiently to meet the requirements of this definition.
A circular area the center of which is located at the base
of a supporting structure and the radius of which is equal to the
lesser of 1.25 times the height of the supporting structure and any
antenna mounted thereupon; or 1.25 times the height of the longest
portion of supporting structure and any antenna mounted thereupon
which is separated by a point in the supporting structure which has
been designed to break or shear before the entire supporting structure
fails due to stress.
The owner of the supporting structure upon which one or more
antennas are mounted, regardless of who may be the owner of the antenna
or the underlying property.
Any tower, pole, mast or similar structure which is used
to support a telecommunications antenna and which, when measured in
conjunction with the telecommunications antenna which it supports,
is more than 15 feet in height or extends the height of any existing
building or other structure by more than 15 feet. Any antenna shall
be deemed to be attached directly to the building or other structure
when its height, in conjunction with the tower, pole or mast supporting
it, is 15 feet or less. The term "supporting structure" shall not
be construed to include any building, cupola, bell tower, steeple,
water tank, water tower or lattice-type utility transmission line
support tower which serves the secondary purpose of supporting telecommunications
antennas.
The transmission between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
The federal Telecommunications Act of 1996, Public Law 104-104,
as codified, and as may be amended from time to time.
Any provider of telecommunications services, except that
such term does not include aggregators of telecommunications services.
C.
Application process.
(1)
In recognition of the mandates of the Telecommunications
Act, the installation and maintenance of telecommunications antennas
and supporting structures or ancillary facilities by or for the benefit
of telecommunications carriers shall be a permitted use in all zones
subject to the following application requirements which shall apply
unless preempted by state or federal law:
(a)
The application requirements of this section
shall be deemed to have been satisfied with respect to any antenna
or supporting structure located on property owned by the Town of West
Hartford and which has been approved by the Town Council as a result
of a request for proposals.
(b)
For purposes of this section, an antenna or
supporting structure shall be deemed to be located in the most restrictive
zone which is contained in its fall zone.
(c)
In all zones the collocation of antennas onto existing supporting structures shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section.
(d)
In BOL, BO, BN, BND, BS, BC and CDBH Zones, the installation of any antenna directly onto an existing building or other structure without the installation of a new supporting structure shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section, provided that such antenna does not extend more than 15 feet above the height of the existing building or other structure. Any antenna which extends more than 15 feet above the height of the existing building or other structure shall be subject to special use permit pursuant to § 177-42A and shall be subject to such additional requirements as may be found in this section.
(e)
In all commercial and industrial zones, the installation of disguised antennas shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section.
(f)
In all residential zones, installation of any disguised antenna directly onto an existing structure without the installation of a new supporting structure shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section.
(h)
In BG, IP, IE, IR and IG Zones, the installation of any antenna directly onto an existing building or other structure without the installation of a new supporting structure or the erection of any new supporting structure shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section. Except as provided in Subsections C(1)(d) and (e), in all other zones the installation of any antenna directly onto an existing building or other structure without the installation of a new supporting structure or the erection of any new supporting structure shall be subject to special use permit pursuant to § 177-42A and shall be subject to such additional requirements as may be found in this section.
(i)
No antenna or supporting structure except a
disguised antenna shall be permitted in any designated historic district,
any designated historic site or any area designated by the State of
Connecticut as a scenic area.
(2)
Application requirements.
(a)
All applications. In addition to those application requirements contained in § 177-42A or 177-42B of this Code of Ordinances (as applicable), the following requirements shall be met:
[1]
The property owner, the proprietor and the telecommunications
carrier whose antenna will be located on the site shall all be required
coapplicants and shall all be bound by the conditions of any permit.
[2]
If any proposed antenna regulated hereunder
is intended to provide transmission/reception coverage beyond the
borders of the Town of West Hartford, the municipality into which
said signal is transmitted or from which a signal may be received
shall be notified of the submission of the application by the applicant,
which shall provide proof of such notification to the Town Planner.
[3]
All applicants must submit copies of all environmental,
financial or other impact studies associated with the proposed application
which are in their possession at the time of application and must
supplement those studies with any studies received prior to the close
of the public hearing (if any).
[4]
All applicants shall provide such information
as may be required to establish that the combined emission/power levels
for all antennas comply with FCC requirements at the nearest point
to the antenna or supporting structure which may be accessible to
the public, regardless of whether such access is permitted by the
applicant or the property owner.
[5]
All applicants shall establish compliance with
the environmental assessment requirements contained in the Federal
Communication Commission regulations located at 47 CFR, Part 1, Subpart
I, §§ 1.1307 and 1.1308 (implementing the National
Environmental Policy Act), as those regulations may be amended or
renumbered from time to time, and shall provide copies of any environmental
assessments produced in compliance with those sections.
(b)
Applications for new supporting structures or increase in height of existing supporting structures. In addition to the requirements contained in Subsection C(2)(a) above and those application requirements contained in § 177-42A of this Code of Ordinances, the following requirements shall be met:
[1]
The applicant shall provide notice of the application
to all other telecommunications carriers licensed by the Federal Communications
Commission to provide telecommunications services in West Hartford.
[2]
The applicant shall provide a map showing the
location of all antennas operated by the applicant which provide service
to any portion of West Hartford and all antennas which the applicant
intends to construct (to the extent known), together with the effective
transmission/reception areas for each of those sites.
[3]
The applicant shall provide such supporting
documentation as is necessary to establish that the antenna and/or
supporting structure is no taller than required to meet the applicant's
technical needs or the requirements of this section.
[4]
All supporting structures shall be designed
to permit the collocation of no fewer than three sets of antennas.
This provision may be waived by the Plan and Zoning Commission if
such waiver would be in the best interest of the Town.
[5]
The applicant shall establish that at least
one telecommunications carrier has committed to installing or operating
antennas upon the proposed supporting structure within 90 days after
the supporting structure has been completed.
[6]
All applications involving the erection of a
new supporting structure or an increase in the height of an existing
supporting structure shall be accompanied by a detailed plan showing:
[a]
The fall zone surrounding the supporting
structure and identifying all structures within said fall zone by
use and by owner; and
[b]
All supporting structures within
2,000 feet of the proposed supporting structure and all buildings
within 2,000 feet of the proposed supporting structure the roof levels
of which are not more than 25 feet lower than the supporting structure.
[7]
In any case where an applicant proposes to erect
a new supporting structure within 2,000 feet of an existing supporting
structure or building of approximately equal elevation to the proposed
supporting structure, the applicant shall be required to establish
that collocation of the proposed antenna upon the existing supporting
structure or installation onto said existing building is not a technically
feasible alternative.
(3)
Fees.
(a)
In addition to the fees established elsewhere
for site plan applications or special use permit applications, the
applicant shall pay a fee equivalent to the cost borne by the Town
to obtain an independent evaluation of the technical aspects of the
application which are not within the expertise of Town staff. This
fee shall be paid before any permit may be issued pursuant to section.
(b)
A telecommunications carrier may submit a single
application and a single application fee for antennas at multiple
locations within West Hartford, provided that the applicant submits
with the application an affidavit stating that the application encompasses
all remaining antennas required by the applicant to provide service
throughout the Town of West Hartford and that the applicant does not
currently anticipate installing further antennas in West Hartford.
In the event that this single application involves a combination of
locations requiring both site plan approval and special use permit
approval, the more stringent approval process and the greater application
fee shall apply.
D.
Conditions of approval.
(1)
Collocation. Collocation of antennas onto existing
supporting structures or at existing antenna sites is encouraged wherever
feasible. In keeping with that policy, it shall be a condition of
approval that the proprietor of any supporting structure permitted
pursuant to this section must agree to permit the subsequent collocation
of antennas upon its supporting structure wherever technically feasible,
subject to the right of the proprietor to receive a reasonable fee
for the use of its supporting structure. If any telecommunications
carrier has been denied permission to collocate on a supporting structure
permitted pursuant to this section, or if the proprietor of the supporting
structure has been unreasonably dilatory in providing such permission,
the Town Planner may issue civil fines of $150 per calendar day to
the proprietor pursuant to C.G.S. § 8-12a, as that section
may be amended from time to time, until such time as the proprietor
issues permission to collocate upon its supporting structure, and
may take such other enforcement action as is deemed reasonable and
appropriate.
(2)
Site protection and landscaping.
(a)
All antennas, ancillary facilities and supporting
structures (including the base of any guy wires used to stabilize
a supporting structure) shall be secured from unauthorized access
by fencing unless located in a manner which satisfies the Plan and
Zoning Commission or the Town Planner, as appropriate, that such fencing
is unnecessary. Power-generating equipment and other electrical equipment
associated with any antenna shall be secured within locked cabinets
or sheds and shall incorporate noise-reduction techniques designed
to minimize the sound emanating from such equipment during its operation.
(b)
All ancillary facilities and the base of all supporting structures shall be screened from view using Type C screening as defined at § 177-34D(3) unless the Plan and Zoning Commission shall determine that such screening is unnecessary or inappropriate in a particular case. Equipment sheds shall be designed to present a visual appearance consistent with the structures in the surrounding area.
(3)
Maintenance of antennas, supporting structures,
ancillary facilities and access routes.
(a)
Prior to obtaining a permit to erect any approved
antenna, ancillary facilities or supporting structure, the applicant
shall provide the Town Planner with a detailed maintenance plan setting
forth the schedule for anticipated maintenance and monitoring of the
site, including the antennas, supporting structures, ancillary facilities,
fencing, landscaping and all other site improvements. Such maintenance
plan shall specifically address both structural/mechanical maintenance
and electrical/electromagnetic maintenance so as to ensure that both
the structures and the transmission/reception operations on the site
continue to function safely and within all regulatory limits.
(b)
In the event that the uppermost antennas mounted
on any supporting structure are removed or lowered in height, any
portion of the supporting structure remaining above the uppermost
antennas shall be removed within 90 days unless the proprietor can
establish that additional antennas shall be mounted thereupon within
said ninety-day period. The administration may waive the requirements
of this subsection upon a showing of technical need.
(4)
There is hereby established a special revenue
fund of the Town to be known as the "Tower Abandonment Fund." The
revenues contained in this fund, including any interest which shall
accrue thereto, be used exclusively for the purpose of funding the
cost of dismantling and removing antennas, ancillary facilities and/or
supporting structures which are unused or which have become dangerous
by virtue of neglect if the proprietor of said antennas, ancillary
facilities or supporting structure is unable to, or has refused to
do so.
(a)
Upon receipt of approval for the erection of
any supporting structure, the applicant shall tender to the Town of
West Hartford a statement setting forth the estimated cost of construction
for the approved antennas, ancillary facilities and supporting structure,
together with a payment equal to 5% of the estimated cost of construction.
Said payment shall be deposited to the Tower Abandonment Fund.
(b)
In the event that an antenna, ancillary facilities
and/or supporting structure is dismantled and removed by and at the
expense of the applicant or its successor, the amount of the original
payment made to the Tower Abandonment Fund at the time of approval
shall be returned to the applicant or its successor upon application
therefor to the extent that sufficient funds remain in the Tower Abandonment
Fund. No interest shall be paid thereupon, and no funds shall be returned
in the event that the Tower Abandonment Fund has been depleted.
(c)
In the event that an antenna, ancillary facilities
and/or supporting structure is unused or has become dangerous by virtue
of neglect, reasonable efforts shall be made to request the applicant
to dismantle and remove said antenna, ancillary facilities and/or
supporting structure.
(d)
If the applicant cannot be found after reasonable
efforts, is unable to or refuses to dismantle and remove said antenna,
ancillary facilities and/or supporting structure, the Town Manager
is authorized to take such action as is reasonable, necessary or appropriate
to dismantle and remove said antenna, ancillary facilities and/or
supporting structure and to charge the expenses associated therewith
to the Tower Abandonment Fund. The Corporation Counsel is authorized
to take such further legal action as may be necessary to obtain resolution
for the Town's costs incurred in such dismantling and removal from
the applicant or from any third parties who might otherwise be liable
therefor to the extent that those costs exceed the applicant's original
contribution to the Tower Abandonment Fund relative to the site in
question.
[1]
Editor's Note: See also the Permit Structure
for PCS Equipment located at the end of this chapter.
[Added 5-22-2007]
Veterinary facilities comprise a broad range of commercial activities ranging from the small animal practice of a single veterinarian to large hospital-like practices of multiple veterinarians. These facilities may devote their practices to small animal species or may also tend to large animal species which require unusual equipment or facilities. These varied business types may require on-site facilities for the keeping of animals for several days, either due to medical needs or as an accommodation to customers looking for the boarding of their pets. While veterinary facilities are all commercial uses which may have a broad range of impacts upon surrounding properties, it may also be appropriate that they be located near the residences where their customers live with their pets both for convenience and for the physical and emotional well-being of both pets and owners. For these reasons, and provided that the potential negative impacts associated with their presence are addressed adequately, veterinary facilities are permitted in residential zones subject to the requirement that a special use permit be obtained therefor in accord with the provisions of West Hartford Code of Ordinances § 177-42A and subject to the additional limitations set forth in this section. These additional requirements shall be construed as a threshold set of requirements and should not be construed in a manner which would otherwise restrict the discretion of the Plan and Zoning Commission pursuant to § 177-42A in any way.
A.
Veterinary facilities located in residential zones
shall maintain the residential character of the buildings in which
they are located and should minimize the impact of associated signage
by limiting the size and tone thereof.
B.
Veterinary facilities located in residential zones
should be located on principal arterial streets as established in
the Plan of Conservation and Development as may be amended from time
to time.
C.
Outdoor pens or other outdoor exercise facilities
for animals are not permitted at veterinary facilities located in
residential zones.
D.
Crematory facilities for the disposition of deceased
animals are not permitted at veterinary facilities located in residential
zones.
E.
In residential zones, routine appointments shall be
limited to the hours between 7:00 a.m. and 8:00 p.m. on Monday through
Saturday. Emergency medical care and tending to the needs of animals
by staff members shall be permitted outside these hours, provided
that the applicant shall provide a detailed operational statement
regarding its plans to offer emergency medical care and shall establish
procedures for minimizing the impacts of such operations upon surrounding
properties.
[Added 4-10-2014]
A.
FLIGHT OPERATION
HELIPORT
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of one landing and one takeoff by which a helicopter
arrives at and departs from a heliport.
A site at ground level for the landing and takeoff of manned
helicopters (but excluding other forms of aircraft capable of vertical
takeoffs or landings) which:
Has been approved by the Connecticut Airport Authority as a
heliport; and
Meets the definition of a "prior permission required (PPR) heliport"
as set forth in U.S. Department of Transportation, Federal Aviation
Administration Advisory Circular No. 150/5390-2C, dated April 24,
2012, as amended or replaced from time to time. These facilities are
commonly known as "restricted heliports" or "restricted landing areas."
B.
Permitted use.
(1)
One non-revenue-producing heliport, including any equipment necessary to permit safe operations, shall be permitted as an accessory use in any zone, subject to the requirements of West Hartford Code of Ordinances § 177-42A and the additional requirements set forth in this section.
(2)
Heliports incorporating permanent taxiways and/or parking pads or which include maintenance, repair and/or fueling facilities shall only be permitted within industrial zones. This subsection shall not be construed to prohibit occasional refueling of a helicopter from a tanker truck or similar vehicle which is not routinely kept on site but any such refueling shall be conducted in accord with the requirements of subsection C(7) of this section.
(3)
At the time notice is mailed to adjoining property owners pursuant to § 177-42A(2) of this chapter, the Commission shall also send such notice to all other owners of property within 500 feet of the property which is the subject of any application for approval of a heliport.
C.
Specific requirements.
(1)
The applicant shall submit plans certified by a qualified professional
demonstrating that the heliport has been designed to comply with all
standards for heliport design which are set forth in U.S. Department
of Transportation, Federal Aviation Administration Advisory Circular
No. 150/5390-2C, dated April 24, 2012, as amended or replaced from
time to time. In recognition of the fact that compliance with those
standards is not mandatory for PPR heliports, deviations therefrom
may be permitted for good cause provided that such deviations are
enumerated in the special use permit application and are identified
on the plans.
(2)
The applicant shall identify the design helicopter used to design
the heliport. Aircraft exceeding maximum weight, maximum contact load/minimum
contact area, overall length, rotor diameter, tail rotor arc radius,
undercarriage dimensions or pilot's eye height of the design helicopter
shall not be permitted to use the aircraft landing site.
(3)
Operation of aircraft landing sites shall be limited to the
hours between 8:00 a.m. and 8:00 p.m. and shall be limited to 18 flight
operations per year. The operator of a heliport shall keep a log listing
the date, time and purpose of all flight operations and shall provide
the Town Planner with a copy of said log for the one-year period from
the date when the first flight operation takes place and annually
thereafter. In approving any specific aircraft landing site, the Plan
and Zoning Commission may further limit the frequency of use and hours
of operation as well as the type(s) or specifications of helicopters
which may be used. In considering such limitations, the Commission
is encouraged to approve only the minimum hours of operations and
number of flight operations which are necessary to meet the actual
needs of the applicant.
(4)
Lights associated with operation of the heliport, including
any illuminated windsock or wind cone, shall be lit only for so long
as is reasonably necessary to permit the pilot to locate the heliport
and complete the landing and/or takeoff operations.
(5)
The outer boundary of the safety area surrounding the touchdown
and liftoff area shall be located at least 150 feet from the nearest
property line, including all equipment associated therewith.
(6)
The applicant shall specifically state whether the heliport
is intended to permit instrument operations. All equipment required
to facilitate instrument operations shall be located within the boundaries
of the property on which the heliport is located. All equipment or
facilities associated with instrument operations shall be identified
on the plans, including, but not limited to, lighting, radio direction
finding (RDF), instrument landing system (ILS) or other navigational
aids. Where backup power supplies are proposed, the location of such
equipment shall also be identified. The Plan and Zoning Commission
may limit or prohibit the installation of instrument operation equipment
which will unreasonably impair the use or enjoyment of surrounding
properties.
(7)
At heliports where fueling facilities are permitted, such facilities
shall be constructed, maintained and operated in accord with all provisions
of law applicable thereto. In addition such facilities shall comply
with all standards for aircraft fuel storage, handling, training and
dispensing on airports which are set forth in U. S. Department of
Transportation, Federal Aviation Administration Advisory Circular
No. 150/5230-4B, dated September 28, 2012 (including those standards
of the National Fire Prevention Association which are referenced therein),
as amended or replaced from time to time.
D.
Exceptions. The provisions of this section shall not apply to:
(1)
Emergency landings of aircraft required as a result of a pilot-declared
distress or urgency condition.
(2)
The landing and takeoff of passenger-carrying balloons, provided
that takeoffs from a particular parcel of land shall be limited to
no more than two days within a calendar year.
(3)
Air medical helicopter landings and takeoffs for the purpose
of emergency patient care.
(4)
Landings and takeoffs by federal, state or local government
officials or their authorized agents in the exercise of government
responsibilities, including training.
E.
Construction. Nothing in this section shall be construed to establish,
validate or otherwise create air rights in or to any property. The
approval of any special use permit pursuant to this section shall
not be construed to limit, in any way, the subsequent development
of surrounding property in any manner permitted under law.
Cannabis establishments shall be permitted subject to the following
conditions:
A.
The sale of cannabis under any class of permit listed in Chapter
420H of the General Statutes, as may be amended or recodified from
time to time, shall not be permitted within 500 feet of any school,
municipal park or municipal recreational facility, or library. Said
distance requirement shall be measured as follows: beginning at the
center of the main entrance to the portion of the building where said
cannabis is proposed to be sold, thence to the center of the address
street by the shortest distance without intersecting a structure,
thence along the center line of said street or streets to the address
street of any of the above-cited uses, and thence to a point opposite
the nearest portion of a lot used for any of the above-cited uses
on the address street thereof, thence to the nearest portion of the
lot.
B.
No
cannabis retail establishment shall be permitted on a site that is
within 5,000 feet of another cannabis retail establishment. Said distance
requirement shall be measured by taking the nearest straight line
between the respective lot boundaries of said sites.
C.
Cannabis retail establishments, including retailer, hybrid retailer
or dispensaries, shall be restricted to the BN, BS and BG Zones.
D.
Cannabis production facilities, including producers, cultivators,
micro-cultivators, food and beverage manufacturers, product manufacturers
and product packagers, shall be restricted to the IE, IG, IP and IR
Zones.
E.
No cannabis establishment shall be permitted unless a site plan approval has been obtained therefor in accord with the provisions of § 177-42B of this Code of Ordinances. No site plan approval shall be granted unless the petitioner or applicant has been awarded a provisional license for the license type that such petitioner or applicant has sought site plan approval for and has demonstrated to the satisfaction of the Town Planner compliance with all state laws and regulations concerning cannabis establishments. The Town Planner shall not grant site plan approval for more than three cannabis retail establishments.
[1]
Editor's Note: This ordinance also repealed former § 177-16.10,
Medical marijuana production facilities and dispensaries, added 6-24-2014.
[1]
Editor's Note: Former § 177-16.11, Moratorium on uses not supportive of transit-oriented development, added 11-24-2020, as amended 9-28-2021 and 1-25-2022, was removed from the Code as the moratorium established expired on 6-30-2022. For current provisions on transit-oriented development, see § 177-43.
[Added 9-28-2021]
Where restaurant drive-through facilities will not unduly impact adjoining businesses, residential neighborhoods, or pedestrian and bicycle traffic, they may be permitted in the BG District subject to the requirements of § 177-42A and in the IG and IR Districts subject to the requirements of § 177-42B. All restaurant drive-through facilities shall be subject to the following additional provisions:
A.
Lot
size. Restaurant drive-through facilities shall be located on lots
greater than 1/2 acre in size.
B.
Frontage.
Restaurant drive-through facilities shall be located on lots that
are adjacent to or have frontage on an arterial or interstate roadway.
C.
Residential
setback. When a restaurant drive-through facility is located on a
lot abutting a residential district, it shall be subject to a minimum
setback of 200 feet from that district. Said distance requirement
shall be measured by taking the straight line between the nearest
residential structure and the restaurant drive-through facility.
D.
Building
placement. Any restaurant building with a drive-through facility shall
be located within 10 feet of an established building line.
E.
Building
design. Any restaurant building with a drive-through facility shall
have an entrance facing the street and shall be clearly articulated
through the use of architectural detailing. The front façade
of the building shall include fenestration of at least 50% of its
frontage.
F.
Site
access. Any lot containing a restaurant drive-through facility shall
have a minimum distance between any two curb cuts on said lot of at
least 100 feet. Direct pedestrian access from a public right-of- way
or street shall be provided to an entrance of the building.
G.
Service
window/canopy. Drive-through service window/canopy shall be located
to the side or rear of the building.
H.
Queuing
lane. Drive-through service queuing lanes shall have at least eight
vehicle positions for each service window and at least two waiting
positions for cars leaving said window. All such spaces shall:
I.
Landscaping.
The area along the frontage of a building with a drive-through facility
shall be landscaped with a minimum of Type A screening.
J.
Hours
of operation. Restaurant drive-through facilities shall be prohibited
from operation between the hours of 11:00 p.m. and 5:00 a.m.
