City of Meriden, CT Supplementary Regulations

Development within the IDD may receive favorable consideration where the following conditions are present and the following objectives are achieved:

To accommodate future growth which will enhance the tax base through the optimum use of appropriate parcels for economic development purposes;

To encourage maximization of building coverage by discouraging excess parking spaces and providing common parking areas;

To provide for the appropriate use of undeveloped land;

To maintain proper mixture of uses to insure overall sustainability;

To protect the existing adjoining residentially zoned neighborhoods by appropriate buffers and by additional landscaping along the perimeter of the zone;

To control strip development and "big box" development through design controls and restrictive regulations so as to insure a positive image and to prevent blighting influence; and to encourage application of creative design techniques to foster attractive, well planned developments which will be aesthetically integrated with adjacent areas;

To provide appropriate landscaping for green areas and development schemes and enhance natural settings;

To protect the integrity of environmentally sensitive areas;

To facilitate traffic and pedestrian circulation and safety by providing the necessary roadway infrastructure;

(j)

To provide for the development of a capital plan for general improvements which insure that the private sector will participate in the financing improvements, thereby relieving the public burden;

(k)

To provide adequate facilities for sanitary sewerage, water supply, stormwater drainage and other utilities for the life of the development.

If any of the conditions noted above are not present when a developer submits an application for development within the IDD, the Planning Commission may decide not to give further consideration to the application unless the developer presents adequate evidence of his ability and willingness to correct any condition not meeting these objectives or the official action of the municipal or state agency which will satisfy the condition within a time period acceptable to the Planning Commission.

This statement of objectives shall not be subject to variation or exception by any City agency.

Planning Commission authority. The Planning Commission is hereby designated as the agency to administer and enforce this section.

Applicability. The Interstate District shall apply only to a tract of property of 55 acres or more contiguous to I-691 and/or I-91, which tract is under single ownership and shall remain under single ownership. This district is intended to encourage smaller sites to combine with other sites to provide larger-scale developments; therefore, special provisions are included to allow consolidation of smaller contiguous lots. Contiguous lots, zoned differently than IDD, will continue to be conforming until included in the IDD overall development plan and zoned IDD.

Permitted uses.

Primarily, a commercial district which will allow a fully integrated mixed-use land use pattern of commercial, residential, institutional, and cultural uses to further the purpose of this regulation. These uses are to be developed in a compatible and attractive manner per standards set forward in this regulation and best practices of urban design principles. Further, the initial structures within the IDD must be commercial (retail and office), of a minimum size of 50,000 square feet. A certificate of occupancy must be issued for these initial commercial buildings prior to the issuance of a building permit for any other use. Permitted uses include:

Permitted uses by right:

Retail.

Office/corporate high tech.

Financial institutions, including drive-through.

Restaurant (not fast food).

Conference center hotel.

[6]

College/university.

[7]

Health and wellness center.

[8]

Attached residential (maximum of 50% of total developed floor area per density requirement); detached single-family structures are prohibited.

Uses permitted subject to issuance of a special exception permit by the Zoning Board of Appeals in accordance with the requirements of § 213-73. Fast-food restaurants, without drive-throughs, coliseums, arenas, or stadiums shall be permitted only where there is direct access to I-691 or I-91.

Accessory uses. Accessory uses need to be reviewed and approved by the Planning Commission.

Uses customarily accessory to permitted uses if constructed concurrently with or subsequent to the main building.

Signs, as regulated in § 213-56.

Heliport, subject to conditions of § 213-23B(2)(m).

Off-street parking in accordance with § 213-55.

Understanding that site appearance and performance determine the appropriateness of a use, and that there will be appropriate uses that have not yet been developed, future permitted, special exception or accessory uses will be those that are able to meet all the standards of these regulations.

Lot and bulk requirements.

Minimum lot area: 55 acres.

Minimum lot frontage on City street: 1,000 feet.

Minimum lot width on I-691 and/or I-91: 1,000 feet.

Setback requirements:

Perimeter buffer: A forty-foot landscaped buffer is required around the entire perimeter of the Interstate Mixed-Use Development district. Said buffer is not required for such portions of the perimeter along I-691 and/or I-91. Only crossing access drives, landscaping and utilities shall be permitted in this buffer area. The Commission may grant a waiver to allow for art/sculpture or other decorative items within the buffer.

Building setback line: The building setbacks of 25 feet front and 10 feet side and rear shall begin at the edge of the interior forty-foot buffer line or that portion which abuts I-691 and/or I-91 and shall apply to all buildings within the interior. No parking or structures shall be allowed within the building setback.

Lot coverage: Maximum impervious coverage is 60%.

Building height:

Maximum building height of buildings shall be four stories, not to exceed 45 feet, except that antennas, elevator stacks and other similar uses may be erected to a reasonable and necessary height but not greater than 10 feet above the roofline.

The Commission, upon the applicant's request, may grant a height waiver to increase the building height to 75 feet (seven stories) for a nonresidential building or portion thereof located at least 500 feet from any City streets and from any residential zone boundary, if the Commission determines that the site is suitable for a taller building and that the Interstate Mixed-Use District is enhanced rather than diminished by a taller building. To qualify for a height waiver, the applicant must demonstrate that the taller building conforms with the following criteria:

Site location and topography are such that the taller building blends in with its surroundings rather than standing out. This criteria will generally be met when the site elevation is substantially lower than the adjacent public street(s).

The taller building does not unduly disrupt the character of a residentially zoned neighborhood.

Residential density:

One unit per 8,700 square feet of lot area (five units per acre). See "Residential Design Standards" for details. Sequence requirement:

The floor area of the aggregate of all residential units in the development shall be limited to a maximum ratio of 1:1 to the nonresidential floor area in the development.

Construction of residential units must be preceded by construction of nonresidential space at a ratio of 3:1 nonresidential to residential floor area. Therefore, for every square foot of residential floor area constructed, there must exist three square feet of nonresidential floor area. This required sequence ceases upon the construction of fifty-percent nonresidential floor area per the adopted Overall Development Plan.

Design and appearance standards.

General concepts:

The development shall be human scale, pedestrian friendly and oriented. It is the expressed intention not to resemble a typical strip commercial center.

These standards require a basic level of architectural variety and compatible scale. The standards are intended to be a useful tool for design professionals engaged in site- specific designs.

Applicants should avoid stereotypical franchise-type buildings unless the building demonstrates architectural and compatibility excellence.

Street trees/landscaping shall be incorporated into landscaping plans. All buildings elevations that are visible from a public street must be designed with windows and/or other architectural elements and features such that no visible elevation looks like the back of a building.

Historic structures shall be preserved and incorporated into site design to the maximum extent possible.

Existing healthy trees of six-inch caliper and greater (to be survey-located either singly or as groups) shall be incorporated into the site plan to the maximum extent possible. Similarly, significant stands (10 or more trees) of related species, or consistent scrub-shrub groupings occurring in front, side or rear yards, shall be preserved whenever feasible. Welling or mounding are recommended techniques when grade changes are required.

Driveway lighting shall incorporate standard fixtures and poles in order to obtain a uniform lighting appearance.

All business, servicing, or processing shall be conducted within completely enclosed buildings, with the following exceptions:

Off-street parking/loading;

Seasonal outdoor dining;

Outdoor amenities normally conducted as accessory uses to a hotel, such as a swimming pool and patio;

Outside display of merchandise for sale on the interior part of a pedestrian environment such as in a village-style shopping center, or a courtyard area with kiosks or market carts, where outside merchandise display is an integral part of the theme and thus enhances the appearance of the site. This section is not intended to allow outside display of merchandise typically sold inside retail stores in conventional shopping areas; rather, it is intended to encourage true pedestrian-oriented areas in a village atmosphere.

Outside dining and display areas shall not occupy sidewalks intended for pedestrian passage and access. Outside dining and display areas must be shown on the site plan and approved by the Commission.

(j)

For the purpose of this section, garden shops that are contained within walls shall be permitted even though the enclosure does not have a partial or complete roof. The applicant may propose, and the Commission may accept, a ventilated wall similar in appearance to the rest of the building.

(k)

Areas reserved for open space and set aside to meet impervious coverage requirements shall be distributed throughout the site in such a manner that the land is visible (from public streets) and/or useable (e.g., for pedestrian circulation, outdoor entertainment and cultural events, band shell, or arts/crafts shows).

(l)

Outdoor storage is prohibited.

(m)

Loading docks/receiving areas shall not be visible from public streets or from residential zones. All loading docks shall be designed as an integral part of the building, shall be suitably screened, and shall not detract from the appearance of the building and site.

(n)

Satellite dishes shall be screened so they are not visible from public streets.

(o)

Detention basins should work with natural water flow systems and when not working with the flow should be an enclosed system or located to the rear and visually obstructed from the street. Agreements for maintenance of detention basins must be filed on the land records.

(p)

Rear road connection between properties is encouraged.

(q)

Dedication of land along the street may be required for future roads.

(r)

Sharing of driveways to eliminate excessive curb cuts is encouraged.

(s)

Lampposts, trees, retaining walls and other streetscape features should be compatible with each other and the environment.

(t)

Additional parking spaces over the required number of parking spaces should be paved where possible with geopavers or similar permeable material and not asphalt.

(u)

Shared parking to reduce the area of land used for parking is encouraged. A pedestrian circulation system must be designed to provide a separation between vehicular and pedestrian traffic.

(v)

All utilities, including electricity and telephone, on site shall be underground.

(w)

All outdoor lighting should be appropriately shielded from and should not cast glare on adjoining properties and City rights-of-way. Outdoor lighting should not exceed a height of 20 feet.

(x)

Accommodate existing natural features, including topography, where possible.

(y)

If included in the Meriden Transit route, a bus shelter must be provided after the initial building is occupied. An agreement for maintenance of the bus shelter must be filed in the land records.

Nonresidential site standards. The following additional objectives and standards apply to all nonresidential establishments. Items designated as "objectives" are not mandatory, but are stated in order to provide insight regarding the design objectives. Items designated as "standards" are mandatory. All design details are subject to Commission approval.

Facades and exterior walls.

Objective: Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of nonresidential buildings and provide visual interest. The intent is to encourage a more human scale.

Standards:

Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plan projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

Ground-floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other architectural features along no less than 60% of their horizontal length. Alternatively, other pedestrian-attractive features such as benches, niches, plantings, and pavers may be used to create pedestrian interest, subject to Commission approval.

Detail features.

Objective: Buildings should have architectural features and patterns that provide visual interest at the scale of the pedestrian and reduce massiveness effects. The elements in the following standard should be integral parts of the building fabric and not superficially applied trim or graphics, or paint.

Standards: Building facades must include a repeating pattern of at least two of the elements listed below or of other architectural features. At least one of the elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet.

Color change;

Texture change;

[c]

Material module change; or

[d]

Expression of architectural or structural bay through a change in plan no less than 12 inches in width, such as an offset or reveal.

Roofs.

Objective: Variations in rooflines should be used to add interest to and reduce the massive scale of large buildings.

Standards:

Roofs shall have no less than two of the following features:

[i]

Overhanging eaves, extending no less than three feet past the supporting walls;

[ii]

Three or more roof slope planes; or

[iii]

Other roof features.

In addition, rooftop mechanical equipment must be set back from building edges, appropriately screened and/or located so equipment is not visible from public streets. Also, such equipment shall be integrated into the architecture design of the building so as to be inconspicuous.

Back and side facades.

Objective: All facades of a building should contribute to the pleasing scale features of the building and encourage community integration by featuring characteristics similar to the front facade.

Residential site standards. The site shall be designed to integrate the multifamily residential use with other approved nonresidential uses (including, but not limited to, retail, office, and recreation uses) to achieve a village-style mixed-use environment with the residential use fully integrated into the site in residential buildings and in buildings that also contain nonresidential uses. Such integration shall also include shared roadways/parking, utilities, appropriate open space area, landscaping/buffers, strong pedestrian interconnections within the commercial/residential development and to other adjacent nonresidential uses, and related improvements.

Residential uses shall be permitted in separate residential buildings and/or in buildings which include nonresidential uses.

Residential units shall be either studio/efficiency units, one-bedroom units, or two-bedroom units. Not more than 50% of the total number of residential units within the first phase of the development shall be two-bedroom units.

The floor area of the aggregate of all residential units in the proposed development shall be limited to a maximum ratio of 1:1 to the nonresidential floor area within the entire development. Facilities for the sole purpose of support of a residential use, such as club houses, meeting rooms, shall not be counted as either residential or nonresidential floor area in determining compliance with the ratio. Offices and garages within residential buildings shall be counted as residential floor area.

The construction of a development plan may be approved by the Commission to be done in phases, but construction of residential units must be preceded by construction of nonresidential floor area at a ratio of 3:1 nonresidential to residential floor area. Therefore, for every square foot of residential floor area constructed, there must exist three square feet of nonresidential floor area. This required sequence ceases upon the construction of 50% nonresidential floor area per the adopted overall development plan.

Each residential unit shall require a minimum of 725 square feet of open space within the site. Such open space may be for recreation purposes (active or passive) or for preservation of natural features (wetlands, wooded areas, open lawns, etc.), or both.

Parking shall be provided at a minimum of 1.75 spaces per residential unit and may be designated in open lot parking, carports, or garages. Parking spaces shall be a minimum of nine feet wide by 18 feet deep. Parking spaces in multistory parking garages may be smaller subject to approval by the Planning Commission.

Infrastructure improvements as utilities, roadways, and related improvements shall conform to City design standards. Twenty-four-foot pavement width for driveways is acceptable. Standards may be reduced or waived as deemed appropriate and approved by the Planning Commission. All utilities shall be underground. Concrete sidewalks shall be required to appropriately interconnect the proposed development with other uses on the site or adjacent sites and also wherever deemed necessary by the Commission.

Roadways and utilities: Unless specifically noted by the applicant at the time of site plan application and specifically approved by the Commission, all roads and utilities within the site shall be owned and maintained by the owner of the site, an association or other entity formed to carry out maintenance, and/or the utility company.

Residential building design requirements.

Objective: Buildings shall have architectural features and patterns that provide visual interest, are at human scale, reduce building massing to residential scale. The elements in the following standards shall be integral parts of the building design.

Standards:

Roofs: Roofs shall be identifiable with roof patterns normally seen in residential structures in the local and New England area and considered to be part of an architectural period design.

Rooftop-mounted and at-grade installed mechanical equipment must be installed, screened, and/or located so the equipment is not visible from streets as defined in these regulations.

[c]

Housing unit types: The site shall include buildings which contain a mixture of housing unit types. Housing types may include units that allow the occupant to also conduct a small business within the unit (live/work for professional and home occupation).

[d]

Exterior building materials and colors are a significant part of the visual impact of a building. They must be aesthetically pleasing, use materials normally found in residential construction in the local area and New England, and, where appropriate, be compatible with other residential construction in the local area.

[e]

Back and side facades of a building shall contribute to the pleasing scale features of the building and shall be integrated with the front facade by featuring materials and characteristics similar to the front facade.

[f]

Any portion of a building fronting on a City street must have the appearance of the front of building as not to "turn its back to the street."

Landscaping. A detailed landscaping plan shall be required as part of the final certificate approval application. The landscaping plan shall include a detailed planting layout, planting schedule, and shall note the type and size of all plantings.

General requirements.

Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees, and plants which are in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season for the particular plant material.

To the extent possible, existing trees, vegetation, and unique site features shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations.

Standards. The following minimum landscaping standards shall be met:

Perimeter buffer.

There shall be a landscaped strip equal to at least 30% of the required perimeter buffer along the property. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs.

One shade tree having a caliper of not less than two inches (12 feet) shall be planted within the front landscaped area for each 20 feet or fraction thereof of lot frontage.

Side and rear yards.

All unpaved areas not utilized for parking and storage shall be landscaped utilizing lawn ground cover and/or shrub and tree material.

Undeveloped areas proposed for future expansion shall be maintained in a weed-free condition but need not be landscaped.

Areas used for parking shall be screened from view or have the view interrupted by landscaping and/or fencing from access streets, highways and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees of a sufficient size and height to meet this requirement when initially installed.

Sloped banks. All sloped banks greater than five to one and adjacent to public rights-of-way shall be stabilized, planted and irrigated with full coverage in accordance with plans submitted to and approved by the Planning Commission.

Pedestrian access. The site plan shall detail consideration for pedestrian access to the subject property and to adjacent properties. The plan shall show all interior walkways and all walkways in the public right-of-way if such walkways are proposed or necessary.

Loading docks, truck parking, utility meters, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties, public streets, pedestrian ways and public sidewalks, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building landscape.

Signs. The following signs are allowed in the Interstate Development District. The following signs may be illuminated indirectly and are allowed by the Planning Commission, except if otherwise noted:

Freestanding signs.

One freestanding sign at the primary entrance to the site from the major local street, which may be a business identification, area identification, directory sign or a combination, not exceeding the following dimensions: 100 square feet in area per side, up to 25 feet in height, and set back 10 feet from the street line.

One freestanding sign along the frontage of I-691/I-91 which may be a business identification, area identification directory sign or a combination, not exceeding the following dimensions: 300 square feet in area per side, up to 35 feet in height, and set back 10 feet from the property line.

Wall signs.

One wall sign per building occupant, which may be either a business, area identification or directory sign. Total wall signs shall not exceed 5% of the wall to which it is attached.

For those lots bordering I-691 or I-91, one additional wall sign is allowed for walls facing the highway. Such signs shall not exceed 5% of the building wall to which it is attached.

For multitenanted buildings, a sixteen-square-foot directory sign may be affixed to the entrance wall of buildings with a common entry.

One sign per building occupant which may be either a business, area identification or directory sign, not exceeding six square feet in area per face.

One door identity/logo per occupant entrance to be affixed at height of pull hardware, not to exceed 12 inches in height.

One window decal per glass panel, to be affixed to the inside face of a tenant's storefront glass, not to exceed four inches in height.

Mailing address: occupant address number discretely affixed to storefront.

Site banners: up to two banners per light pole, not to exceed 16 square feet per face.

Awnings. Signage integral to storefront awnings shall be permitted.

Multiple freestanding directory/directional signs are allowed on properties with businesses located in two or more buildings. Such signs shall be located in areas designed to facilitate proper vehicular and/or pedestrian circulation. The sign shall contain only the names of occupants and an indication of where they are located. The sign area shall not exceed 60 square feet per face.

One freestanding temporary identification sign listing the name of future tenants, responsible agent or realtor and the identification of the complex. The sign may remain until such time as a final inspection of the building(s) designates said structure(s) fit for occupancy or the tenant(s) are occupying said building(s), whichever occurs first. The sign may not exceed a maximum of 40 square feet, and may not be illuminated.

Application procedure.

Overall Development Plan: The initial step in the planning and zoning application/review process is the Planning Commission's approval, following a public hearing, of an Overall Development Plan. The Overall Development Plan is a plan of the entire Interstate Development District showing, in schematic form, the areas of the proposed development with the following elements:

Proposed use areas, density, acreage and the general floor area assigned to each.

Proposed vehicular and pedestrian circulation patterns, prepared by a certified traffic engineer. Said plan shall include location, size and adequate number of parking stalls, access management strategies, parking barriers, walk, recreational and bicycle ways, curb cut and crossing locations on existing and proposed streets.

Proposed open space areas, such as parks, lawn areas, recreational and natural spaces.

Proposed general landscaping, including modifications to present treed, sloped, and watercourse areas, areas of formal plantings, and related treatment of open space, present screening and proposed topography.

Schematic layouts of utility systems, including water, sewerage, and drainage, including capacity and additional flow into watercourses and ponds and the location of connections of the proposed utility system to present utilities.

Proposed location and height of buildings and other structures, indicating feasibility in relation to the above elements.

Proposed architectural and design features.

Proposed boundaries for stages of development within the district, if applicable.

Certificate of approval.

For any development within an Interstate Development District, a site plan must be reviewed and a certificate of approval must be issued by the Planning Commission in accordance with the requirements and procedures of Article XI, § 213-72, of the Zoning Regulations prior to the issuance of a building permit.

In order to aid the Planning Commission's review of an Interstate Development District proposal, the Commission shall require that the developer submit for review the following information and studies in addition to the information required for a certificate of approval application:

A traffic study, prepared by a certified traffic engineer, which identifies the probable impacts of a proposed development on the road network in the surrounding area and the measures necessary to mitigate the negative traffic impacts, if any;

Parking, traffic and pedestrian circulation plan;

Architectural elevations and renderings of buildings and structures;

Landscaping plan;

Lighting plan;

[6]

Soil erosion control plan;

[7]

An economic feasibility report which provides sufficient evidence that the developer has the financial means and experience necessary to successfully carry out the project and identifies the fiscal impact of the project on the City. Fiscal impact should include but not be limited to: the anticipated change in Grand List, the effect on City services to be provided and associated cost. The Commission may require the applicant to pay for an independent consultant used by the City to advise the Commission regarding the economic feasibility report;

[8]

The site plan shall include all buildings, utilities, grading and structures, both for principal and accessory uses;

[9]

An environmental impact report;

[10]

Inland wetlands plan;

[11]

A written statement must be provided by the applicant addressing the following:

The reasons the particular proposal is consistent with the statement of objectives;

A detailed description of all uses and how each use is related to the primary use. This statement shall include area calculations, employment projections, time of operation, storage and equipment area and special needs.

[12]

In the case of plans that call for development over a period of years, a schedule showing the time within which the phase will be completed;

[13]

Plans for each development shall be accompanied by an updated Overall Development Plan showing all existing developments and the proposed development at a scale of one inch equals 200 feet;

[14]

Proposed and approved certificate of approval and Overall Development Plans shall be provided in PDF form. Three hard copies of all plans must be submitted to the Planning office.

Consolidated properties.

Purpose. In the interest of promoting development continuity, the consolidation of contiguous parcels to the Interstate Development District is encouraged. "Consolidation" is defined here as the integration of two or more individually owned parcels into a single consolidated parcel for the purposes of creating a shared-use arrangement of selected site components, e.g., common points of access/egress, drive passage, parking, loading/unloading, and yards. Said consolidated parcel then is added to the overall Interstate Development District parcel and could be used in all aspects to enhance the zone once it is shown on the Overall Development Plan and approved as a formal zone change.

Procedure.

A consolidated parcel shall be developed with an amendment to the Overall Development Plan of buildings, parking, loading and unloading, and open space.

A zone change to IDD must be approved by the Commission and City Council for each consolidated parcel.

The consolidated parcel must be legally combined with the initial IDD zoned parcel.

PEDESTRIAN-FRIENDLY/PEDESTRIAN-ORIENTED

Certificate of approval is required prior to the development of any consolidated parcel of access/egress. Such restriction would be in accordance with current access management policies and plans.

Definitions. As used in this section, the following terms shall have the meanings indicated:

FLOOR AREA

Does not include stand-alone parking structures or parking lots.

HUMAN SCALED

Site and building design elements that are dimensionally related to pedestrians, such as: small building spaces with individual entrances (e.g., as is typical of downtowns and main street developments); larger buildings which have articulation and detailing to break up large masses; narrower streets with tree canopies; smaller parking areas or parking areas broken up into small components with landscaping; and pedestrian amenities, such as sidewalks, plazas, outdoor seating, shorter light poles (usually 10 feet to 14 feet), weather protection (e.g., awnings or canopies), and similar features. These features are all generally smaller in scale than those which are primarily intended to accommodate automobile traffic.

PEDESTRIAN AMENITIES

Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of a particular area and contribute to a walkable center. Typical amenities include extra wide sidewalks, street trees, sitting spaces, weather protection (awnings or canopies), pedestrian-scale lighting, bus stop seating, sidewalk dining, etc.

Development which is designed with an emphasis primarily on the sidewalk and pedestrian access to and within the site and building, rather than on auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street.

STRIP COMMERCIAL CENTER

Strip commercial centers are typically developed, owned and maintained as a unit and have large parking lots in front, with many/most of the stores arranged in a straight row and an automobile-centric design. Proliferation results in a pattern of development wherein commercial development is strung along an arterial thoroughfare.

Off-site improvements.

Approval prerequisites. Prior to the receiving of a building permit for any Interstate Development District, the developer and City shall agree on the developer's share of specific improvements related to the project to be maintained by the City within the City right-of-way or easement. The developer shall pay a pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development. All payments shall be in the manner provided herein, it being the intent of this section that the developer bear that portion of the cost which is related to improvements.

Mitigation fee. A mitigation fee will be charged to all new development, including expansions of current uses. The mitigation fee will be primarily for applicable off-site traffic improvements required in the study area that are not part of site plan approval. The mitigation fee will be proportionate to the development's impact on the area. This amount will be determined by the Commission. The mitigation fees will be based on the parking spaces provided. The fee structure will be determined by the Commission.

Precedence over inconsistent provisions of Zoning Ordinance. This section shall supersede all sections of the Zoning Ordinance of the City of Meriden where they may conflict.

Modification — special permit. The Planning Commission by special permit is authorized to allow a limited modification in excess of the Interstate Development District standards as herewith provided. The limited modification could allow an applicant to modify the certain standards (setbacks, coverage, building height, landscaping requirements, parking and signs) not to exceed 5% of the required standard. Density, use ratios (commercial to residential), permitted uses, facade and wall standards cannot be modified by either the Planning Commission or Zoning Board of Appeals.

§ 213-44 Swimming pools. [1]

Except as provided hereinafter, no swimming pool shall be located, constructed or maintained on any lot except in conformity with the following requirements:

Said pool may be installed or maintained in any residential district or in any nonresidential district where specifically permitted.

Said pool shall be used as an accessory use to a dwelling or group of dwellings or as part of the recreational facilities of a camp, club or similar use.

When accessory to a single-family residence, such pool may be located in a side or rear yard.

The portion of the premises upon which such pool is located shall be entirely enclosed with a good quality security fence, which, any other provision of this chapter notwithstanding, shall have a height of not less than four feet. All gates or doors opening through the fence shall be equipped with self-closing and self-latching devices designed and capable of keeping such gates or doors securely closed at all times when not in actual use. Said fence shall be of a type approved by the Building Official.

Every gate or other opening in the fence enclosing such pool shall be kept securely locked at all times when said pool is not in use.

Such pool shall be located not less than five feet from any lot lines and not less than 10 feet from the main building.

Such a pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the Connecticut State Sanitary Code relating to public swimming pools.

Where the proposed pool is so located or is of such height or design that protective fencing is not required or impractical, the Building Official may, at his discretion, issue a permit for the erection of said pool without such fencing. The Building Official shall, however, first make a finding to the effect that, in his opinion, the said pool has protection from entry equivalent to that afforded by the erection of a fence as provided for in Subsection D above.

Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices, which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupants of any adjoining property.

Editor's Note: See Diagram 8, Location of Swimming Pool or Tennis Court or Accessory Use, at the end of this chapter.

§ 213-45 Tennis courts and similar accessory recreation facilities. [1]

When accessory to a single-family residence, any tennis court, paddle tennis court or similar accessory recreation facility may be located in a rear yard or side yard, but not within the required minimum yard. No such facility may be located closer to the property lines than is permitted for accessory structures in the district in which the property is located.

A fence or suitable planting strip shall be provided to screen the recreation use from view from adjacent properties.

Editor's Note: See Diagram 8, Location of Swimming Pool or Tennis Court or Accessory Use, at the end of this chapter.

§ 213-46 Landscaping requirements.

Required landscaping.

All portions of improved multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading, permitted outdoor storage, driveways, walkways or similar purposes shall be appropriately landscaped with grass, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.

Landscape strips at least three feet wide shall be provided along all property lines of multifamily developments in any zone and nonresidential uses within residential zones. Such landscape strips shall comply with the following minimum standards as well as all applicable requirements set forth elsewhere in this chapter:

Said landscape strips shall include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the Planning Commission, will effectively screen the activity on the lot from neighboring uses. New trees shall have a caliper of not less than three inches, three feet from the base, and shall be at least six feet high when planted.

Unless specifically required elsewhere in this chapter, an opaque wall or fence of location, height, design and materials approved by the Planning Commission may be substituted for part or all of the required landscape strips.

Where the existing topography and/or existing landscaping provides adequate screening, the Planning Commission may waive or modify the planting and/or landscape requirements of this chapter.

A landscaped area of at least 25 feet shall be provided between any residential district and a C-1, C-2, C-3, M-1, M-2, M-3 or M-4 District for purposes of visual and noise buffering.

Maintenance. All fences, trees, plantings, shrubbery or other screening required by direction of the City Council, the Zoning Board of Appeals, the Planning Commission or by this chapter shall be maintained at all times at least to the same quality required of said items at the time they were initially installed.

§ 213-47 Outdoor storage.

Junkyards, building material yards and industrial and commercial equipment storage as a principal use.

The storage of scrap, salvage, vehicle parts, lumber, fuel, equipment and similar operations shall be conducted within a building or within a solid board or masonry fence at least eight feet in height.

The required fencing shall not be allowed to deteriorate, and the required setbacks shall be maintained and kept free of rubbish, scrap, weeds and other unsightly materials.

No storage of scrap, wrecked vehicles or equipment shall be allowed to extend above the required fencing.

Outdoor storage of vehicles, materials and equipment, as an accessory use in any nonresidential district, shall be subject to the following conditions:

The outdoor storage of vehicles, materials and equipment shall be located on the same premises as the principal use or building.

All outdoor storage areas shall be located in the side or rear yards but not within the required yard, except as provided herein.

All outdoor storage areas shall be screened from view by suitable landscaping and/or an eight-foot fence, except as provided herein.

The outdoor display of motor vehicles, when accessory to a permitted use or any use allowed as a special exception in the C-2, C-3, M-2 or M-3 District, shall be exempt from the provisions of Subsection B(2) or (3) above. Outdoor display of motor vehicles for indoor automotive sales shall be limited to same-day staging of test drive vehicles.

[Amended 3-5-1990; 7-16-2018]

In no case shall stored materials exceed the height of the screening or fencing.

No outdoor storage area shall be located within 10 feet of any lot line.

All equipment and vehicles in a storage area shall be in operable condition.

No tractor-trailer or truck loaded with merchandise shall be parked or stored on a lot for a period exceeding seven consecutive days in one calendar month.

All areas utilized for the outdoor storage or display of motor vehicles shall be paved with a dust-free all-weather surface.

[Added 3-5-1990]

§ 213-48 Supplementary lot, yard, height and building regulations.

The following general regulations relating to lots, yards, visibility at intersections, height limits and dwellings are applicable to all zoning districts, unless otherwise specified, and are to be applied in addition to the specific requirements of the applicable zoning district.

Building on unaccepted streets.

[Amended 11-2-2020]

No building permit shall be issued and no building shall be erected on any lot within the City unless the street giving access to the lot upon which said building is proposed to be placed shall have been accepted by the City or unless such street corresponds in its location and lines with a street shown on a non-expired site plan approved by the Planning Commission.

Building on unaccepted streets shall be allowed only when subdivision and site plans, as well as the buildings and structures, are in compliance with § 8-27 of CGS.

Rear lots.

[Amended 4-3-2006]

Rear lots shall be permitted only in R-R, S-R and R-1 Districts.

Access to rear lot shall be provided by an accessway, as defined in § 213-7 of this chapter. Said accessway shall be in the same ownership as the rear lot and be owned in fee simple. The area of such accessway shall not be included in the minimum required lot area as set forth in Subsection B(3) hereof. Each accessway shall provide access to a City-accepted street for one lot only, and the maximum number of adjoining accessways should be two.

Any rear lot shall meet the zoning requirements of the district within which it is located, excluding the area of the accessway, except that the lot area, minimum width and front and side yard setbacks shall be:

Zone	Minimum Lot Size (square feet)	Minimum Width (feet)	Front Yard Setback (feet)	Side Yard Setback (feet)
R-R	80,000	250	60	40
S-R	45,000	175	40	25
R-1	34,000	125	40	20

Accessways to rear lots shall be a minimum of 25 feet wide, with a minimum twelve-foot-wide paved driveway. Said driveway shall be a maximum of 425 feet in length and have less than a twelve-percent grade. Two rear lots with contiguous accessways may share one driveway. Contiguous driveways must be separated by a landscaped strip at least five feet in width.

[Amended 12-21-2009]

Identification sign. Each driveway shall be identified by a sign indicating the street number of the house which the driveway serves and shall be of sufficient size to meet the house numbering requirements of the Fire Department. Such signs shall be visible to emergency personnel at all times.

Consideration shall be given to buffering the rear lot from adjacent properties. Every effort must be made to retain existing natural buffers in setback areas.

Through lots. On a through lot, front yards are required on all streets in accordance with the applicable district.

Yards.

All yards shall be suitably landscaped and shall not be used for any building or structure.

[Amended 12-21-2009]

Suitably landscaped residential yards shall include a large front, rear or side yard area of lawn.

[Amended 1-3-2012]

No single-family residential lot shall be created without an approved (suitable) landscape plan showing grading and ground-cover for which development will need to conform with. Said large lawn area should be at least equivalent to the size of the single-family home structure's footprint, generally rectangular, with the smallest dimension at least 25 feet in length. Said large lawn area shall be generally level (not exceeding 10% grade in any direction). Said large lawn area may include garden or mulch, or host an uncovered patio or pool as allowed under regulation.

No building permit for a new or expanded-footprint residence shall be granted on any single-family lot of nonconforming size or lot with area and/or density variance without an approved (suitable) landscape plan. For lots created prior to approval of this section, and not modified thereafter, the Planning Department may approve two smaller lawn areas, greater in overall size than the home footprint, to meet the intent of the large yard requirement. Other lawn areas may be approved for single-family lots in multiple-family districts.

(Reserved)

Any land shown to include yards with wetland/watercourse or steep slope soils (greater than 15%) in the Plan of Conservation and Development's Map of Environmentally Sensitive Soils must have a detailed development, landscape, drainage and slope maintenance plan approved by the City Planner and the City Engineer or their agents. Said plan must show substantial areas for building devoid of easements or other nonbuildable areas (wetland/watercourse areas, very steep slopes, etc.) that could prevent building. Said plan must also show areas for suitable yards; otherwise maps to be filed with the City Clerk creating new yards shall be marked "Not Approved as a Building Lot."

Approval of a detailed development, landscaping, drainage and slope maintenance plan showing viable use and improvements of all residential lots, yards and the ROW as necessary shall be required for permitting and development, and all improvements shall be completed and stabilized prior to occupancy.

Front yards. Each lot shall be required to have a minimum front yard as specified in the applicable district. The required front yard on any major or collector street shall be measured from the center line of the street as follows:

District	Major Street (feet)	Collector Street (feet)
R-R	80	70
S-R	65	55
R-1	65	55
R-2	65	55
R-3	65	55
R-4	75	65
C-1	40	30
C-2	55	45
C-3	55	45
C-4	(As specified for the adjacent R District)
M-1	80	70
M-2	65	55
M-3	65	55
M-4	90	80

Where four or more lots in a block have been improved with buildings, the minimum required front yard for main buildings shall be the average of the front yards of the improved lots if less than the front yard requirements herein, but in no case less than 15 feet. Further, no residential garage shall be closer than 20 feet from the street line.

[Amended 1-3-2012]

Projection into yard. Nothing in this chapter shall prohibit the projection of not more than four feet into a required yard of pilasters, belt courses, columns, sills, cornices, open uncovered porches or similar architectural features. Fire towers and stairwells may project not more than six feet into any required yard. However, in no case may such feature project closer than four feet to an interior lot line.

The minimum front yard requirement for cul-de-sac turnaround areas shall be 35 feet from the property line.

[Amended 12-21-2009]

Lots with private utility systems. Any lot in any district which has a private water and sewer disposal system shall contain a minimum of 40,000 square feet and have a minimum lot frontage of 100 feet.

Visibility.[1]

No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which unreasonably or dangerously obstructs or interferes with the visibility of drivers of vehicles on a curve or at any street intersection. The minimum vision clearance shall require a clear space between the elevations of 2 1/2 feet and seven feet above the street grade (top of curb) within 25 feet of the intersecting street lines bordering corner lots.

No fence, hedge, screen or planting shall exceed four feet in height within any front yard.

Editor's Note: See Diagram 7, Visibility at Street Intersections, included as an attachment to this chapter.

Accessory buildings.

Detached accessory buildings in R-R, S-R, R-1, R-2, R-3 and R-4 Districts, not more than 15 feet in height and not used for human habitation nor for the housing of animals or fowl, may be located in the rear yard not less than five feet from any property lot line. Any accessory building located in a side yard must be set back a minimum of 20 feet, except that, in an R-4 District, it must be set back 10 feet.

Accessory buildings in C-1, C-2, C-3 and C-4 Districts, not more than 15 feet in height, may be located not closer than 15 feet to a side or rear property line. Accessory buildings in an M-1 District, not more than 35 feet high, may be located not closer than 25 feet to a side or rear lot line. Accessory buildings in M-2 and M-3 Districts, up to 35 feet high, may be located not closer than 20 feet to a side or rear lot line.

In case any accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this chapter applicable to the main building. A garage attached to the main building, having its entrance from a side street or cul-de-sac turnaround, shall be located at least 25 feet from the property line.

§ 213-49 Exceptions and modifications.

Height limits.

Spires, chimneys, elevator housings, machinery, towers, radio and television towers, penthouses, scenery lofts, cupolas, water tanks and similar architectural structures may be built and used to a height of not more than 15 feet above the height limit established for the district in which the structure is located, provided that no such architectural structure in excess of the allowable height shall be used for sleeping or eating quarters or for any commercial advertising.

Public utilities, gas and electric transmission lines and towers and poles adjacent thereto may be allowed in all districts to greater heights than established for the district in which the structures are located without the securing of a special exception therefor, provided that all routes of transmission lines shall be submitted to the Planning Commission prior to installation of such routes.

On sixty-foot or wider lots in the S-R, R-1 and R-2 Zones, the maximum height of buildings within the height restricted band shall be 30 feet.

[Added 1-3-2012]

On lots narrower than 60 feet in the S-R, R-1, R-2 Zones, the maximum height of buildings shall be two stories (not to exceed 30 feet).

[Added 1-3-2012]

Lots in industrial zones. In any industrial zone, the rear or side yard adjacent to a railroad siding may be eliminated, provided that the three other required yards are maintained.

§ 213-50 Extraction and excavation regulation.

General provisions.

[Amended 2-3-1986; 12-21-1998]

Extraction and excavation of earth, sand, gravel, clay, stone or other material shall be allowed in all zones as surplus material resulting from a bona fide construction, landscape or agricultural operation being executed on the premises for which a building permit, site plan or subdivision approval has been granted, and provided that no more material is removed from the site than that material necessary to develop the site in a manner that reasonably maintains the current topography of the property. Any damage to the landscape must be repaired.

Excavation and extraction of more than 100 cubic yards shall be permitted only in all commercial and industrial zoning districts by the Planning Commission after a public hearing, provided that, in its judgement, such operation will not impair the water supply, flood protection or natural condition of any public park or wildlife reservation, and subject to the following conditions:

The applicant shall submit a plan showing existing grades in the area from which material is to be removed, together with finished grades at the conclusion of the operation.

The plan shall provide for proper drainage of the area of the operation during and after completion, and no bank shall exceed a slope considered excessive for the material encountered.

No removal shall take place within 30 feet of a property line, except that, where grade from the property line rises towards the lot where removal is to take place, material lying above the grade at the property line may be removed.

The applicant shall submit a soil erosion and sedimentation control plan where the disturbed area is cumulatively more than 1/2 acre in conformance with § 213-57 of this chapter. The plan shall contain provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff. Plans for soil erosion and sediment control shall be developed using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Erosion and Sediment Control (1985), as amended. The plan shall result in an operation that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when complete and does not cause off-site erosion and/or sedimentation.

Before a permit is granted by the Planning Commission under this section, the applicant shall post a bond with the Planning Commission in an amount approved by the Commission as sufficient to guarantee conformity with the provisions of the permit issued hereunder, including an amount sufficient to cover the cost of fill, if necessary, under the provisions of § 213-50C.

The earth excavation permit shall be valid for two years. After the expiration of this period, the applicant shall be required to reapply to the Planning Commission for a new permit. The Commission may, in its sole discretion, grant a new permit upon evaluation of the operation.

Proposed routes of truck traffic shall be indicated as a part of the application. Use of streets in residential districts shall be discouraged.

A phasing plan shall be submitted with the application.

Landscaping and reclamation plan. An inventory of all existing trees over twelve-inch caliper and other significant flora and fauna shall be submitted. Removal of trees over twelve-inch caliper shall be discouraged. The removal of all other significant flora as identified by the inventory shall be discouraged. A landscaping/reclamation plan, including work schedule for completion, shall be prepared by a design professional or firm experienced in reclamation of property, which shall show the type, location and extent of all proposed vegetation to be retained or restored to the land, preferably in accordance with site-specific application of the United States Soil Conservation Service Guidelines.

(j)

Ground cover. At the conclusion of the operation or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four inches of topsoil and seeded with a suitable cover crop, except where ledge rock is exposed.

(k)

Location of buildings, roads, septic tanks and wells within 500 feet of the affected area should be shown on the site plans.

(l)

A hydrogeologist's report, including test boring to ascertain water table, effect on water table, effect on wells in the neighborhood, effect on watercourses, wetlands, etc., shall be provided and proved to be not detrimental.

(m)

Information on soil type and depth, rock ledge, certified by a soil scientist, shall be provided with the application.

(n)

An estimate of the number of cubic yards to be filled, excavated, graded or removed and an estimate of the time necessary to complete the operation.

(o)

An estimate of the number, types and hours of operation of trucks and other machinery to be used on site and the locations and types of any buildings, including temporary buildings, to be erected.

(p)

Details of blasting and storing of explosives.

(q)

The application shall include a street cleaning schedule and dust control measures. Streets shall be cleaned on a daily basis at a minimum and more often if required by staff.

(r)

Site plan shall comply with objectives and requirements of site plan approval as set forth in § 213-72.

(s)

All restoration should conform to § 213-50B.

(t)

As an additional condition of approval, the Commission may require the applicant to submit periodic reports of progress including contours and cross sections, prepared and certified by a licensed engineer or a land surveyor. If at any time the Commission finds that the excavation, extraction, regrading, removal or filling is not being conducted in accordance with the plans as approved, the Commission may order the applicant to cease operation and may revoke the permit.

Topsoil removal shall be permitted in residential zones, with the following conditions:

Approval from Planning Commission after a public hearing.

Six inches of topsoil should be maintained undisturbed on the site and certified by a soil scientist.

Subject to conditions set forth in § 213-50A(2) of this chapter.

Fill. Where the area to be filled or disturbed is cumulatively more than 1/2 acre, the applicant shall submit a soil erosion and sediment control plan in conformance with § 213-57 of this chapter. The plan shall contain provisions to adequately control accelerated erosion and sedimentation and to reduce the danger from stormwater runoff. Plans for soil erosion and sediment control shall be developed using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The plans shall result in an operation that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when complete, and does not cause off-site erosion and/or sedimentation. Where fill is required to carry out an approved plan for site development, including approved drainage plans, or to restore an area excavated in accordance with § 213-50A herein, the following shall apply:

[Amended 2-3-1986]

Slopes created by fill shall not be steeper than one foot of vertical rise in two feet horizontal distance for a maximum rise of 10 feet unless stabilized by a retaining wall or cribbing, except where approved by the City Engineer. For greater vertical rise, for certain soils more prone to erosion, and where maintainable lawns are intended, the slope should be reduced and/or terraced. Any retaining wall over 36 inches in height, or any wall supporting a surcharge, is considered a structure and is not allowed within 10 feet of any property line unless shown on a plan approved by the Planning Commission. Generally, such walls should be utilized in connection with steep slope cuts, not fills.

[Amended 12-21-2009]

Adequate provisions shall be made to prevent surface water from damaging the sloping surfaces of fills.

Fills shall not endanger adjoining property.

All fills shall be compacted to provide stability of material and to prevent undesirable settlement. The fill shall be spread in a series of layers, each not exceeding 12 inches in thickness, and shall be compacted after each layer is spread. The City Engineer may require tests or other information if, in his opinion, the conditions or materials are such that additional information is necessary.

Fills shall not encroach on natural watercourses, constructed channels or floodplain areas.

Fills placed adjacent to natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding.

Grading shall not be done in such a way as to divert water onto the property of another landowner without the express consent of the Planning Commission.

During fill and grading operations, necessary measures for dust control shall be exercised.

In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six months after the date of expiration of such permit the premises shall be cleared of all rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and shall be adequately maintained by the holder of the permit. If such action is not taken within said six months, the bond or other surety filed as part of the approved plan shall be utilized by the City for such purpose.

Standards for fill materials. Fill materials consisting of organic materials or nonsoil materials, such as tree stumps, sawdust, wood chips and bark, bricks, asphalt, concrete, metal, wallboard, etc., even with a soil mixture, shall not be used. The in-place fill shall not contain more than 25% by volume of cobbles (six-inch diameter) and boulders (larger than 12 inches in diameter). The in-place fill should not have more than 27% by weight of clay-size (0.002 mm and smaller) particles. The fill should be essentially homogeneous. If bedding planes and other discontinuities are present, detailed analysis is necessary.

[Added 8-2-1988]

§ 213-51 Sale of alcoholic liquor.

[Amended 11-19-1984; 3-2-1987; 11-21-1994; 6-7-2004; 5-21-2012; 3-13-2014; 3-4-2019; 11-26-2019]

The sale of alcoholic liquor at retail under any valid class of permit, as defined in § 30-15, as amended, of the Connecticut General Statutes, issued by the Liquor Control Commission of the State of Connecticut for consumption either on the premises or off the premises, shall be permitted under the applicable governing provisions of the zoning regulations in the following districts, as established by § 213-8 of this chapter:

C-1 Central Commercial District.

C-2 General Commercial District.

C-3 Highway Commercial District.

C-4 Convenience or Neighborhood Commercial District

R-4 Multiple-Family/Professional Office District.

M-1 Research, Development and Manufacturing District, under a hotel or restaurant permit issued by the Liquor Control Commission of the State of Connecticut.

M-2 Industrial District.

M-3 Industrial District.

M-4 Planned Industrial District.

(10)

NCDD Neighborhood Commercial Design District.

(11)

RDD Regional Development District.

(12)

TOD-HC TOD Historic Commercial.

(13)

TOD-P TOD Park.

(14)

TOD-H TOD Hanover (on primary and secondary streets).

(15)

TOD-C TOD Civic (on primary and secondary streets).

(16)

TOD-G TOD Gateway (on primary and secondary streets).

No building or premises shall be used for the sale of alcoholic liquor at retail for consumption off the premises under any class of permit, as defined in § 30-15, as amended, of the Connecticut General Statutes, which may be issued by the Liquor Control Commission of the State of Connecticut, if the main front entrance to the permit premises shall be located within a 1,500-foot radius, measured in a straight line, from the main front entrance of any other permit premises used for the sale of alcoholic liquor at retail for consumption off the premises under any class of permit issued by the Liquor Control Commission of the State of Connecticut. The above distance requirement is not applicable to any building or premises located in a shopping center development (§ 213-7B) of at least 50,000 square feet of gross floor area located on a lot of a minimum area of four acres.

No building or premises shall be used for the sale of alcoholic liquor at retail for consumption on the premises under any class of permit, as defined in § 30-15, as amended, of the Connecticut General Statues, which may be issued by the Liquor Control Commission of the State of Connecticut, if the main front entrance to the permit premises shall be located within a 1,500-foot radius, measured in a straight line, from the main front entrance of any other permit premises used for the sale of alcoholic liquor at retail for consumption on the premises under any class of permit issued by the Liquor Control Commission of the State of Connecticut. The above distance requirement is not applicable to any building or premises located in a shopping center development (§ 213-7B) of at least 50,000 square feet of gross floor area located on a lot of a minimum area of four acres.

The distance set forth in Subsection C above will be reduced to zero for, breweries, brewpubs, brewpub-restaurants, restaurants and hotels.

Within the TOD area that liquor is permitted, the distance set forth in Subsection C above will be reduced to zero for bars or nightclubs that obtain a special permit from the Planning Commission.

Notwithstanding the distance restrictions set forth above in this section, any permittee using a permit premises for the sale of alcoholic liquor under any class of permit issued by the Liquor Control Commission of the State of Connecticut shall be allowed to move such permit premises within a radius of 750 feet of the old permit premises, provided that said new location is within a district in which the sale of alcoholic liquor at retail is permitted under this chapter, and provided, further, that said removal shall be in accordance with the Liquor Control Act and the rules and regulations of the Liquor Control Commission and, more particularly, the need for said removal is a result of hardship or caused by reason of the commencement of an eviction action against such permittee from the particular permit premises for which the original permit was issued. All other provisions of this chapter shall be applicable except the distance restrictions set forth within this section.

The provisions of this section shall not be deemed to be retroactive, except that any permit premises being used for the sale of alcoholic liquor under any class of permit issued by the Liquor Control Commission of the State of Connecticut prior to the effective date of this chapter, which use is not in conformity with the provisions of this chapter and which shall be voluntarily discontinued for a period of more than 60 days, may not be resumed unless such use shall thereafter conform to this chapter.

The words "alcoholic liquor" are meant to conform to the definition of "alcoholic liquor" as set forth in the Connecticut State Liquor Control Act, as set forth in Chapter 545 of the Connecticut General Statutes (§ 30-1).

The distance restrictions contained in this section shall not apply to the sale of alcoholic liquor at retail under a club permit as defined in § 30-15, as amended, of the Connecticut General Statutes, issued by the Liquor Control Commission of the State of Connecticut for consumption on the premises, and such clubs may be permitted as a special exception only in the following districts, as established by § 213-8: C-1 Central Commercial District; C-2 General Commercial District; C-3 Highway Commercial District; M-4 Planned Industrial District; R-4 Multiple-Family/Professional Office District; and may be permitted by a special permit from the Planning Commission in the following districts: TOD Sub-Districts that permit liquor.

§ 213-52 Vending machines.

Vending machines shall not be located in any required front yard or in any street right-of-way.

§ 213-53 Wind energy conservation systems and solar devices.

Wind energy conservation systems, such as windmills, are permitted accessory uses in any district, subject to site plan approval and the following conditions:

No windmill or similar structure shall exceed 80 feet in height.

No windmill or similar structure shall be located in any required yard.

The windmill or similar structure shall be set back from all lot lines a distance at least equal to the height of the windmill or similar structure.

Solar system.

When screening is required on a roof to enclose mechanical equipment, said screening may be modified to allow access to solar heating devices.

Where solar heating devices are placed within a front, side or rear yard, they shall be exempt from coverage and setback requirements, provided that they do not occupy more than 10% of the yard area.

In any new construction requiring a building permit and/or site plan, access to solar devices on adjoining property shall be considered and maximum effort to retain solar access shall be made.

§ 213-54 Performance standards.

Purpose. It is the intent of this section to ensure that research, manufacturing and related activities in the M-1, M-2, M-3 and M-4 Districts are established and maintained in a manner not detrimental to the public health, safety and welfare and in a manner beneficial to the use, enjoyment and value of neighboring properties. The use of performance standards is necessary to measure potential nuisances and hazards objectively, thereby protecting industries from arbitrary control and at the same time affording the neighboring properties and the general public necessary protection against hazards and nuisance.

Performance standards. The following conditions are imposed as standards to be met in order that a manufacturing or related activity be in compliance with this chapter.

Noise. The sound level (a frequency-weighted sound measure level as measured with a sound-level meter using the A-weighting network = dBA) of any operation or activity, other than: a) noise created as a result of or relating to an emergency, including but not limited to sirens, alarms, etc.; b) construction or demolition activity during the daytime, as herein defined; c) noise created by blasting, other than that conducted with construction activity, which shall be exempt, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m.; d) noise created by on-site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.; e) noise generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.; f) farming activity; g) noise generated by transmission or distribution facilities and substations of public utilities; and h) noise that is directly caused by flight operations specifically preempted by the Federal Aviation Administration, shall not exceed the noise zone standards of the state statutes (C.G.S. § 22a-69), as herewith stated. Measurements shall be taken at a point that is located about one foot beyond the boundary of the emitter's property within the receptor's property.

Emitter's Zone	Receptor's Zone
	Industrial	Commercial	Residential/ Day¹	Residential/ Night²
Industrial: M-1, M-2, M-3 and M-4	M-1, M-2, M-3 and M-4	C-1, C-2 C-3 and C-4	R-R, S-R, R-1, R-2, R-3 and R-4
Industrial: M-1, M-2, M-3 and M-4	70 dBA	66 dBA	61 dBA	51 dBA

	NOTES:
	¹	Day is from 7:00 a.m. to 10:00 p.m.; on Sunday, 9:00 a.m. to 10:00 p.m.
	²	Night is from 10:00 p.m. to 7:00 a.m.; on Saturday, 10:00 p.m. to 9:00 a.m. Sunday

Vibration. No vibration shall be transmitted and therefore felt outside the lot from which it originates.

Air pollution.

Provisions shall be made to control emissions of air pollutants (dust, fumes, smoke, vapor, gas, odorous substances, etc.) into the outdoor atmosphere. Such provisions shall be in compliance with the following standards and all applicable federal (i.e., Clean Air Act), state (i.e., Air Pollution Control, C.G.S. § 22a-174) and City (Code of the City of Meriden, Chapter 58, Air Pollution) regulations.

Odor from any use, except agricultural activities conducted in a manner as to minimize odors and except mobile sources, shall not be discernible to any objectionable degree at the property line.

An odor will be deemed objectionable when either:

The Zoning Enforcement Officer determines, following personal observation, that the odor is objectionable, taking into account its nature, concentration, location and duration; or

The Department of Environmental Protection Air Compliance Unit determines such according to guidelines and standards provided by the General Statutes of Connecticut.

Glare and heat. All uses shall be conducted so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle in any residential zone. Any form of heat shall not be perceptible outside the lot where it originates.

Electromagnetic radiation. No use on any lot shall cause interference with radio and television reception on any other lot, and any use shall conform to the regulations of the Federal Communications Commission with regard to electromagnetic radiations and to any other applicable regulation.

Dangerous materials and hazardous wastes.

Materials which are dangerous due to the possibility of explosion, fire, radioactivity, corrosion, toxicity or contamination must be secured and maintained in a manner approved by federal, state and City agencies against such dangers as:

Groundwater contamination via leachate and direct discharge.

Surface water contamination via runoff, overflow or direct discharge.

Air pollution via open burning, evaporation, sublimation and wind erosion.

Fire and explosion.

Human and wildlife contact.

Any activity, whether the generation, treatment, storage, transportation of hazardous waste (as defined and controlled by § 3001 of the Federal Resource Conservation and Recovery Act and amendments or subsequent federal, state or City regulations), is restricted to approved and confirmed Environmental Protection Agency and Department of Environmental Protection registrants and security methods and, prior to commencement, such activity is to be reported to and must be approved by appropriate City officials.

Any discharge of wastewater into the waters of Meriden (surface or ground) or into public disposal system must comply (either by its nature or pretreatment) with all federal (i.e., National Pollutant Discharge Elimination System), state (i.e., water quality standards and criteria) and City (i.e., City Code, Chapter 170, Sewers) standards.

Standards. In addition to these standards, all relevant provisions of any other federal, state and City laws and regulations shall also apply. Where such standards, controls or regulations are not in agreement, the more restrictive shall apply.

Administration.

The occupant of a parcel within an industrial district will be solely responsible for the maintenance of the performance standards. Where the occupant requests an analysis or investigation by a competent technical expert after having been informed of an alleged violation, the officer charged with enforcement may engage competent technical experts to study the alleged violation. The report of the officer charged with enforcement, charging that a violation has occurred, shall have sufficient ground for invoking the provisions of law to enforce compliance hereunder.

Where technical experts have been engaged at the request of the occupant, the occupant shall bear the cost of such technical investigation if he is thereafter found to be in violation of the foregoing standards. Where technical investigation reveals that no violation has occurred, the cost of the technical investigation shall be borne by the City.

§ 213-55 Off-street parking. [1]

Off-street parking for the storage or parking of passenger vehicles shall be provided pursuant to the provisions of this section; provided, however, that no provision of this section shall prevent the repairing, reconstruction or rebuilding, without enlargement, and the continued use of any building or structure lawfully existing at the effective date of this section.

On-street parking for employees of any establishment is prohibited.

[Amended 5-1-1989]

Landscaping and screening. On any parcel where a certificate of approval or special exception permit is required and the parking area faces a street or property line, a planting area of a minimum width of three feet with appropriate plantings at least three feet high planted three feet on center shall be provided between the parking area and the street line or property line, except for a front street line in industrial districts, where the landscaped area shall be 20 feet. The planting plan for this strip, as well as all additional interior linear and end islands, shall be approved by the Planning Commission. Said plan shall specify appropriate plantings suitable to the circumstances and shall make provisions for necessary clear zones beneath the bumper overhang areas. Where a parking area abuts a residential property, it shall be screened from view by landscaping or an opaque fence or wall or other means approved by the Planning Commission.

[Amended 2-2-1987; 5-1-1989]

Two or more uses on same lot. Except as specified in § 213-55D, where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements, if any, for each individual use on the lot.

[Amended 5-1-1989]

Joint use of parking areas. In the case of two or more establishments on the same lot or on contiguous lots, the Planning Commission may approve the joint use of parking areas with a total capacity of not less than 60% of the sum of the spaces required and using the same driveway giving access thereto, provided that the Commission finds that the proposed capacity will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments. Joint use of parking areas shall be subject to the following requirements:

[Amended 5-1-1989]

If a use is enlarged or changed, the Planning Commission shall have the discretion to require full compliance for each separate use upon finding that conditions justifying joint use no longer exist.

Such area shall be sufficient to provide the total number of parking and loading units required collectively of the participating owners.

An agreement for the construction, use and maintenance of such joint parking and loading area, and the cost thereof, shall be entered into by all participating owners on a basis deemed equitable by the Planning Commission, and the continuance of such agreement and such proper maintenance shall be guaranteed by a covenant filed with the plan filed for a certificate of approval and attached to the deed of each participating property, binding each participating owner and his successors in interest for the life of the joint use of the facility.

Upon finding that the foregoing conditions have been met, and where the joint parking facility adjoins or straddles a joint lot line, the Planning Commission may, for the period covered by such agreement and bond, waive temporarily the requirements applicable to side yards.

Layout of off-street parking facilities.

[Amended 5-1-1989]

The plans for a new building or enlargement of the floor area in an existing building or conversion to additional dwelling units shall show specifically the location and size of the off-street parking facilities required to comply with any applicable requirements hereof and the means of access to such space from public streets or highways. Proper channelization of traffic flow shall be provided in all off-street parking areas. A "parking bay" consists of two parallel rows of parking spaces separated by an aisle for maneuvering into said spaces. In all developments any four parking bays shall be separated from any other bay by means of a curbed, raised and landscaped linear island. The width of a majority of the linear islands shall be 10 feet, face to face of curbing, with the remainder being not less than seven feet wide, face to face of curbing. A linear, landscaped island having parking on only one side shall separate a parking bay from an adjacent access aisle or interior driveway, which linear island shall be no less than six feet wide. In addition, every parking bay shall be separated from any interior driveway by a landscaped end island not less than six feet wide. The Planning Commission may waive the requirements for such landscaped linear and end islands in parking garages if the Commission deems that adequate landscaping around the structure will be aesthetically pleasing. Access for two-way movement shall have a minimum width of 24 feet. Access for one-way movement shall have a minimum width of 16 feet. Greater access width may be required when recommended by the City of Meriden Engineering Division based upon the proposed use and the width, travel speed, and location of the road giving access to the site. An entrance or exit to any off-street parking area shall be located a safe distance (minimum 50 feet) from any street intersection and shall not exceed a grade of 6% within 25 feet of any street line or 10% at any other point. All points of ingress or egress shall be appropriately signed unless such signing is considered unnecessary by the Planning Commission. Where the topography of a site is such that a potential safety hazard for parked vehicles exists, the Planning Commission may require barriers or other safety devices to be incorporated into the design of the parking area.

[Amended 2-4-1991]

Each required standard space, exclusive of drives and aisles, shall have an overall length of not less than 19 feet and a width of not less than nine feet and shall be served by an aisle as designated in the attached parking dimension schedule. When the standard space is adjacent to and capable of overhanging a curbed landscaped area or island, which area or island is not less than 10 feet wide, the length of the space may be reduced to 17 feet six inches by allowing the landscaped, curbed island to function as a wheel stop. Up to 30% of the parking spaces in any off-street parking area may be designated for compact cars with spaces not less than 16 feet long nor less than eight feet wide. However, no reduction in the overall length of a compact car space shall be permitted, whether or not such space overhangs a curbed island. In lieu of the standard and compact spaces and in parking lots of 50 or more spaces, uniform spaces having a length of not less than 18 feet and a width of not less than eight feet nine inches may be constructed. In such event, compact spaces and length reduction for overhang shall not be allowed; provided, however, that, in order to maintain uniformity of bays and aisles, the Planning Commission may, where appropriate, allow a reduction in the length and width of spaces which are opposite and abut handicapped parking spaces. To accommodate the reduced width of a compact car space and maintain a uniform pattern of landscaped end islands, the Commission may permit any group of 16 standard spaces to be replaced by a group of 18 compact spaces. Each required handicapped space shall have an overall length of 20 feet and a width of not less than 15 feet. All spaces shall be clearly marked. In commercial and industrial developments, all curbing must be constructed of portland cement concrete or similar material (extruded concrete, pre-cast concrete, granite, etc.) except in commercial and industrial developments with parking lots of 30 spaces or less. Such smaller developments shall be allowed to use bituminous concrete lip curbing, subject to the following restrictions:

That all end and separator islands shall be constructed of portland cement concrete, or similar;

That stalls with lengths of 17 feet six inches, as provided for elsewhere in the chapter, shall be of portland cement concrete or similar curbs functioning as wheel stops;

That all radii of 10 feet or less shall be of portland cement concrete or similar;

That all curbing on City rights-of-way shall be cast-in-place portland cement concrete; and

That the Planning Commission may, at its discretion, require more stringent standards based on unique circumstances such as slope, pedestrian and traffic safety, or aesthetics.

In residential developments, all curbing on radii must be constructed of portland cement concrete and straight sections may be constructed of bituminous concrete, except that, wherever curbing is intended to function as a wheel stop, it shall be constructed of portland cement concrete. Except as may be otherwise provided, required off-street parking facilities may be enclosed in a structure or may be located in the open, provided that such required parking facilities be graded, surface drained and maintained to the extent necessary to avoid nuisances of dust, erosion or excessive water from across public ways, or paved with asphalt, oil and chip or other material that is equivalent in durability. Upon a determination by the Planning Commission that the required number of parking spaces would be greatly in excess of the need of a particular use on a given lot, the said Commission may waive the requirement that all such spaces be resurfaced to the extent that it may deem the number required to exceed the actual need. All parking lots must include handicapped parking spaces per the following ratio:

	Total Parking in Lot	Required Number of Accessible Spaces
	Up to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of total, plus 1 for each 100 over 1,000

Off-street parking areas shall be adequately illuminated for convenience and safety, but no lighting for parking areas shall cause glare on adjoining property.

All parking areas shall be paved with a dust-free all-weather surface.

All off-street parking shall be located at least 15 feet from the street line.

Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or anywhere within 400 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which they are located. Such spaces shall be in the same ownership as the use to which they are accessory or, if in separate ownership, there shall be a written agreement between the owners that the spaces shall be available to the use to which they are assigned and shall be subject to deed restriction, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere. Required off-street parking facilities which, after development, are dedicated to and accepted by the City shall be deemed to continue to serve the uses for which they were originally provided.

Connections between abutting parking areas. Where appropriate, the Planning Commission may require paved connections between abutting parking areas in different ownerships, so as to facilitate the flow of traffic.

Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained throughout the life of any use or structure which the said facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for the use of those persons who are employed at or making use of such structures and uses, except when dedicated to and accepted by the City as public parking areas.

Waiver of parking requirements. All or portions of the off-street parking requirements may be waived by the Planning Commission, provided that:

The proposed use is within 400 feet of a municipally operated off-street parking facility or privately owned and operated parking area.

The Planning Commission shall, at the time of its granting a certificate of approval, certify on such plan that the municipally operated off-street parking facility or, in the case where a nearby private parking area is to be utilized, the private parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Commission shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal or private parking facility.

Where a private parking facility is to be utilized, the applicant shall provide assurance that such facility will be available for the life of the proposed use.

The proposed site is owned or leased by the City of Meriden, and the use is for the public purposes of providing park and recreation services.

[Added 10-2-1989]

For commercial uses within the CCDD area or commercial uses within 500 feet of the CCDD area, required accessory parking may be waived by the Planning Commission if uses are within 600 feet of a municipally operated parking facility.

[Added 11-21-1994]

Effect of parking requirements on existing uses.

Structures and land use in existence, or for which building permits shall have been approved as of the effective date of this chapter, shall not be subject to the requirements for off-street parking spaces set forth in this chapter, provided that any parking facilities now existing and serving such structures or uses shall not in the future be reduced, except to the extent that they exceed such requirements.

In the event that it is proposed to expand any use not now meeting the parking requirements, the applicant shall be required to provide additional facilities so that the use, as expanded, shall meet fully all parking requirements.

Minimum parking spaces required.

[Amended 6-17-1985; 12-1-1986; 2-4-1991; 11-4-1996]

Parking spaces shall be provided in all zones for each new or expanded use in accordance with the following schedule:

[Amended 4-21-2008; 10-4-2021]

Building Type	Minimum Parking Spaces Required	For Each
Auditorium, theater, stadium, convention hall or similar place of public gathering	1	4 seats (Note: Bench capacity is computed at 1 seat for each 20 inches.)
Automotive service station	1	5,000 square feet of lot area (minimum 3 spaces required)
Bank	1	300 square feet of gross floor area or 3 per teller window, whichever is greater
Boardinghouse	3	4 rooms
Bowling alley	3	Lane
Business or trade school, junior college, college or university	1	Faculty member, plus 0.75 per student
Church	1	7 seats (Note: Bench capacity is computed at 1 seat for each 20 inches.)
Day care	1	For each 6 students plus 1/2 space for every faculty
Drive-in or fast-food restaurant	1	75 square feet of gross floor area or 3 seats, whichever is greater
Elementary or middle school	2	Classroom (in addition to parking spaces required for auditorium)
Funeral home	1	75 square feet of assembly room space
Health care services	1	Space per 200 square feet of gross floor area
Hospital or convalescent home	1	3 beds, and 1 for each 2 total employees
Hotel, motel	1	Guest bedroom and 1 for each 3 employees (in addition to required parking for other uses)
Indoor tennis	3	Court (for racquetball and similar court games, 1/2 this amount)
Industrial	1	3 total employees or 500 square feet of gross building area, whichever is greater
Medical office	1	150 square feet of gross floor area or 4 spaces per doctor, whichever is greater
Membership club	1	100 square feet of assembly room space
Multiple-family dwelling, 0 bedrooms, 1 bedroom	1	Dwelling unit
Multiple-family dwelling, 2 plus bedrooms	2	Dwelling unit
Multiple-family housing for elderly	1	3 dwelling units
Multi-theater	1	5 seats
Office; office building	1	300 square feet of gross floor area
Professional office in a residential dwelling	1	100 square feet of net floor space used by such office
Public library, gallery or museum	1	200 square feet of area accessible to public
Regional shopping mall	5.0	1,000 square feet of gross leasable area; provided, however, that it may be decreased to 4.5 if the Planning Commission finds that items such as off-site employee parking, public transportation or car pooling and provisions for the policing of parking in unauthorized areas will adequately prevent traffic congestion in the parking area.
Research institute or laboratory	1	2 employees
Restaurant, cocktail lounge	1	3 seats or 100 square feet of gross floor area, whichever is greater
Retail store or shop	1	300 square feet of gross floor space
Senior high school	4	Classroom (in addition to parking spaces required for auditorium)
Service establishment	1	200 square feet of gross floor space
Single-family dwelling	2	dwelling unit
Wholesale, distribution	1	3 employees or 1,000 square feet of gross floor area, whichever is greater

Where a use is not mentioned above, or the use is a variation of that mentioned above, the minimum number of parking spaces required shall be as determined by the Planning Commission in order to prevent frequent parking on the street. Where the Planning Commission determines the number of parking spaces, the decision of said Commission shall be based upon: a) standards set forth herein for uses with similar characteristics; and b) previous experience with similar uses.

Where parking spaces are provided at a boardinghouse; the spaces shall be standard-sized spaces, as defined in this chapter. Compact spaces shall not be allowed.

Editor's Note: See Diagram 9, Typical Arrangement for Ninety-Degree Parking, as well as Diagram 10, Minimum Parking Dimensions, at the end of this chapter.

§ 213-56 Signs. [1]

Purpose; protection of physical appearance. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types.

Applicability. The provisions of this section shall govern the construction, alteration, repair and maintenance of all outdoor sign structures.

Standards and guidelines. In implementing this section, the following standards and guidelines shall be followed:

Signs shall be a subordinate part of the streetscape, rather than the dominant features, so as to add interest in building facades without overpowering them.

Projecting signs, except as outlined herein, shall be prohibited.

Roof signs above the lowest point of the roofline, with the exception of a mansard roof, are prohibited.

Standard, approved methods of constant illumination shall be permitted on ground signs and wall signs; provided, however, that they shall concentrate the illumination upon the area of the sign so as to prevent direct glare upon the street or adjacent property.

Flashing and animated signs are prohibited, except for clocks and customary time-and-temperature devices.

Except for holiday seasons or grand openings (for a period not to exceed 30 days), as approved by the Zoning Enforcement Officer (ZEO), no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices.

[Amended 9-30-2019]

A sign shall not be suspended from an awning.

All ground and freestanding signs shall be constructed to withstand wind pressure applied to the projected exposed area, allowing for wind from any direction of 30 pounds per square foot.

To the extent possible, adjacent signs on the same or adjoining buildings shall be placed within the same horizontal band.

(10)

Adjacent signs shall be of the same height from the ground.

(11)

All ground signs shall comply with the building line requirements of the zone in which located, except as noted in § 213-56I.

[Amended 6-2-1986]

(12)

All ground signs shall be located within the property line, and the location of illumination of such shall not block the view of or otherwise interfere with official traffic signs and signals or of other permitted signs, except as noted in § 213-56I.

[Amended 6-2-1986]

(13)

Wall signs shall not cover, wholly or partially, any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which they are attached. All such signs must be safely and adequately attached to such building wall by means satisfactory to the Zoning Enforcement Officer.

[Amended 9-30-2019]

Permits.

Required permit. It shall be unlawful for any person to erect, alter, redesign, relocate, reconstruct, repair or cause to be erected, altered, redesigned, relocated or reconstructed within the corporate limits of the City any sign or signs, except as herein exempted, without first having obtained and having in force a permit therefor from the Zoning Enforcement Officer.

[Amended 9-30-2019]

Maintenance; construction. All signs shall be properly secured, supported and braced, shall be kept in sound structural condition and shall be well maintained at all times.

Application; fee. Application for a sign permit shall be made on a form provided by the Zoning Enforcement Officer, which application shall include necessary sketches and supporting information indicating the location of the sign and the size, colors, type of lettering or other graphic representation and materials to be used, electrical or gas equipment and details of its attachment and hanging. In addition, such sign application shall be accompanied by a fee in accordance with the City of Meriden Fee Schedule[2] and the written consent of the owner or lessee of the property upon which such sign or signs is/are to be erected and maintained.

[Amended 9-30-2019]

Editor's Note: Said fee schedule is on file in the Clerk's office.

Appeal from permit denial. Any person feeling himself or herself aggrieved by the decision of the Zoning Enforcement Officer may appeal to the Zoning Board of Appeals within 15 days of such denial.

[Amended 9-30-2019]

Issuance of sign construction permit. Upon approval of the application by the Zoning Enforcement Officer and after any conditions for approval established by the Zoning Enforcement Officer are satisfied, the Zoning Enforcement Officer shall issue a permit for construction of such sign.

[Amended 9-30-2019]

Nonaccessory signs and billboards.

[Amended 8-20-1984; 7-7-1986; 9-16-2013]

Nonaccessory signs and billboards are prohibited in all residential districts.

Billboards.

Statement of purpose: Billboards are elements of the urban landscape identifying businesses, relaying messages and advertising. In order to promote, preserve, enhance and protect the public health, safety and welfare of the City, these standards/regulations intend to diminish the distraction hazards to traffic, minimize visual blight and ensure urban design fundamentals to preserve Meriden's landscape. The following standards/regulations control billboard location, size, height, spacing, luminance and frequency of image change.

BILLBOARD OVERLAY DISTRICT

Definitions:

BILLBOARD

A sign, including any support structures, displaying a message not related to the use of the property on which it is located.

CONVENTIONAL BILLBOARD

A billboard displaying a static message or copy which cannot be changed mechanically (for example, a tri-vision billboard) or electronically.

DIGITAL BILLBOARD

A billboard utilizing digital message technology capable of changing the static message or copy electronically, but not displaying any movement, or the appearance or optical illusion of movement, or any flashing, scintillating or varying of light intensity during the static display periods.

Billboards must be oriented to limited access highways and are further restricted to the Billboard Overlay District as shown on the City's Zoning Map.

Development standards:

Maximum height: 35 feet.* The vertical distance from the grade of the closest lane of the limited access highway to the top of the highest component of the billboard.

*In no case shall the top be higher than 45 feet above grade at the base of the billboard.

Maximum sign area: 672 square feet.

Clearance: nine feet. Billboards shall have a minimum clearance of nine feet between the lowest component of the billboard and the land grade.

Location and orientation:

Billboard Overlay District: Conventional and digital billboards are restricted to the Billboard Overlay District.

Lot (size, frontage and use): Billboards are considered principal uses and therefore per § 213-13, Number of principal uses per lot, it is the only use allowed on the lot. A building lot for a nonaccessory sign or billboard must have the lot area required for the underlying zone and have 75 feet of frontage on the limited access highway to which the billboard is oriented.

Orientation: All billboards consisting of back-to-back or parallel design shall be no greater than eight feet apart. All billboards shall be oriented with faces at an angle no greater than 35° perpendicular to the limited access highway. All such signs must be oriented to a limited access highway and not to face a residential zoning district.

Spacing:

Conventional billboards shall be spaced at a horizontal distance of not less than 750 feet from other conventional or digital billboards on the same side of the limited access highway.

Digital billboards shall be spaced at a horizontal distance of not less than 1,500 feet from any other digital billboard on the same side of the limited access highway.

Digital billboards:

Display time: Messages and/or imagery must be displayed in a static manner for a minimum of seven seconds.

Transition time: Transition time from one message or copy to another must be direct and immediate without special effects and not exceed one second.

Brightness:

No digital billboard may operate at brightness levels of more than 0.3 footcandle above ambient light for the following distances from the sign face based on the size of the sign:

Distance (feet)	Sign Size (square feet)
100	242
150	378
200	672

The brightness measurement shall be made with the light meter or similar device positioned at a ninety-degree angle to the orientation of the digital billboard.

Malfunction: Digital billboards must be designed and equipped to freeze the sign face in position if malfunction occurs. Such billboard must also be equipped with a means to immediately discontinue operation in case of malfunction. The billboard owner must immediately turn off the display when ordered by the City.

Miscellaneous:

Content: Billboards shall not use the word "stop," "danger" or any other word, phrase or symbol or character in a manner that might be misconstrued to be a public safety warning or traffic sign.

Landscaping: Every billboard shall be suitably landscaped covering the area between the billboard and property lines. This landscaped area shall be properly maintained.

Maintenance:

All billboards shall be maintained in good repair and in safe condition. The owner of the premises on which the billboard is located shall be directly responsible for keeping such billboard and premises in a safe and neat condition.

All parts, including the backs, of billboards shall be painted a dark or neutral color and shall be well-maintained.

Process:

All billboards must obtain a certificate of approval (per § 213-72 of the Zoning Regulations) from the Planning Commission prior to receiving a building permit.

A certificate of approval is also required for a conversion of an existing billboard into a digital billboard. The converted digital billboard must comply with all standards/requirements of this chapter.

Nonconforming:

Billboards lawfully existing at the time of adoption of this chapter which do not conform to the requirements of this chapter may continue to exist but are prohibited from being enlarged, relocated, or converted to digital billboards, except in compliance with this chapter.

Maintenance and repair, including restoration, improvement, and changing of billboard messages is allowed. Following damage or destruction, a nonconforming billboard, if reinstated with a nonconformity as allowed under the terms of this chapter, shall be restored to its condition that preceded damage or destruction.

A nonconforming billboard which is damaged or destroyed by any cause or means to the extent that the cost of restoration exceeds 1/2 of its replacement cost, and for which no building permit for reconstruction or replacement of the nonconforming billboard is applied for within 180 days of the date the billboard is damaged or destroyed, shall not be reconstructed except in conformity with the requirements of this chapter.

A nonconforming billboard shall be deemed to be abandoned in accordance with the provisions of § 213-56G and may not therefore be used except in conformity with the requirements of this chapter.

Unsafe and unlawful signs. If the Zoning Enforcement Officer shall find that any sign regulated herein is unsafe or insecure or has been erected in violation of the provisions of this section, he or she shall give written notice to the permittee thereof. If the permittee fails to move, alter or repair the sign so as to comply with the standards herein set forth within 14 days after such notice, such sign may be removed or altered to comply by the Zoning Enforcement Officer or his or her authorized agent at the expense of the permittee or owner of the property on which it is located. The Zoning Enforcement Officer shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Zoning Enforcement Officer, upon direction and authorization of the Chief of Police or the Director of Public Works, may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

[Amended 9-30-2019]

Abandoned signs. No sign which has been abandoned for a period of six months shall thereafter be permitted to be used without being processed as a new sign. The term "abandoned" as used herein shall mean the voluntary discontinuance and maintenance of the sign when accompanied by an intent not to reestablish the use of the sign. Any one of the following shall constitute prima facie evidence of intent to abandon:

Any positive act indicating such intent.

Failure to take all necessary steps to resume the business for which the sign is used with reasonable dispatch, including advertising of the business and/or property for sale or for lease; in the case of billboards, advertising the availability of the billboard for lease.

Discontinuance of the business for which the sign is used for nine consecutive months or for a total of 18 months during any three-year period.

In the case of billboards only, discontinuance of the use for 90 consecutive days or for a total of six months during any one-year period.

Illuminated signs. A sign illuminated by electricity or equipped in any way with electric devices or appliances shall conform with respect to wiring and appliances to the regulations of the National Electrical Code.

Ground or freestanding signs.

Only one freestanding sign of any type may be erected on any premises, except that:

Premises which have more than 450 feet of frontage along the public way, other than an alley, may have not more than one additional detached sign for each additional 450 feet of frontage.

Premises with frontage along two thoroughfares may have two freestanding signs. In the event that a second freestanding sign is permitted by the application of § 213-56I(2), this section shall not be construed to permit any additional freestanding signs.

Signs of less than two square feet in effective area which direct on-premises vehicular or pedestrian movement and bear no other identification or advertising matter are not subject to the limitations of this section.

Freestanding signs may have a sign area not to exceed an aggregate of 40 square feet.

In a unified shopping center in single ownership or control, a freestanding sign may be erected and can be no larger than 100 square feet. The smallest dimension of the sign shall be not less than five feet.

Freestanding signs to be located on poles, kiosks, stanchions or similar supports shall not be more than the height of the building or not higher than 25 feet.

Freestanding signs shall be kept entirely within the property line of the lot and shall be screened from the view of adjoining residential zones on the street frontage.

Freestanding detached on-premises signs may be floodlighted, provided that no glare is perceived in any adjoining property.

Directory signs; professional offices and medical clinics. A freestanding directory sign to identify the occupants of a medical clinic or professional office building shall be permitted where such uses are permitted. It may be erected with two poles as long as all other requirements of this section are satisfied.

The Planning Commission may grant permission for identification/directory signs in the case of an industrial or office park having an excess of 20 acres and capable of supporting three principal buildings and three tenants. The following signs may be installed within the public right-of-way, provided that they are located a minimum of 15 feet from the curbline and do not unreasonably or dangerously obstruct or interfere with the visibility of drivers of vehicles:

[Added 6-2-1986]

Signs for the purpose of identifying the park, located at the park entrance(s) and not exceeding 40 square feet in area. Signs may display the name of the park, the name, address and telephone number of the developer and an applicable logo, but shall contain no other form of advertising.

Signs for the purpose of directing traffic to businesses, streets or other locations within the park, not exceeding three square feet each or 40 square feet altogether when attached to a common background.

Said signs shall be the maintenance responsibility of the applicant and can be removed at any time by the City.

Identification/directory signs for the purpose of directing traffic for lodging and tourist attractions. These signs may be installed within the public right-of-way, provided that they are located a minimum of five feet from the curbline and do not unreasonably or dangerously obstruct or interfere with the visibility of drivers of vehicles:

[Added 4-4-1988]

Signs for the purpose of identifying these facilities may display just the name or logo of the facility and shall contain no other form of advertising.

Such signs shall not exceed three square feet each or 40 square feet altogether when attached to a common background. Only one freestanding directional sign is allowed on a one-thousand-foot stretch of street or ramp. Therefore, the second and any sign thereafter must be a combination sign (maximum 40 square feet).

Said signs shall be the maintenance responsibility of the applicant and can be removed at any time by the City.

The Planning Commission has complete authority over the architectural features, color features and height of the sign.

Marquee signs. Signs shall not be permitted on any marquee, other than signs built into and forming a part of the structure of the marquee. Such signs shall not exceed a height of three feet, a total area of 21 square feet on any one side of the marquee and shall not extend beyond the edge of the marquee. In addition to the foregoing, only that portion of the marquee containing such sign shall be illuminated.

Wall signs. Wall signs shall be attached to the face of the building in a place parallel to such face but shall not extend or project more than 12 inches over the sidewalk, street or highway and shall not extend higher than the parapet in the case of a one-story building, and in the case of other buildings, they shall not extend above the sill of the windows of the second story nor extend more than 15 feet above the outside grade.

No wall sign or combination of signs in any single frontage in a commercial district and manufacturing district shall exceed an area equal to two times the linear length of the structure on such frontage.

Where there are two or more occupants occupying a portion of the first-floor frontage of a given structure, each such occupant shall be entitled to a sign equivalent in size to that portion of the frontage so occupied. Where multiple occupants share a common sign, the maximum sign area shall be limited as if there was a single occupant.

Where an establishment for which a sign is permitted has a rear entrance on a public way or frontage on two or more streets, such as a corner, a sign shall be permitted on each frontage, up to the maximum area permitted for that frontage. (Examples of permitted sign size: a store with a twenty-foot frontage will be permitted up to a total of 40 square feet in signs. If the structure has 70 feet of frontage and is occupied by four stores, a total of 140 square feet of sign area would be permitted. Where an establishment is in a corner structure, with two twenty-foot frontages, up to 40 square feet of signage would be permitted on each frontage.) All such signs must be safely and adequately attached to such building wall by means satisfactory to the Building Official. If illuminated at night, all light sources shall be shielded from the view of adjacent lots and streets in residential zones.

One identification sign at each entrance to the lot, with an area of not more than three square feet, and internal directional signs, each with an area of not more than two square feet, shall also be permitted.

Hanging signs. Each commercial or industrial establishment shall be permitted one hanging sign, which shall project not more than 60 inches over a public walkway and shall not exceed 25 square feet in area. The construction and method of securing such signs to the structure shall be approved by the Zoning Enforcement Officer. All such overhanging signs shall be approved by the Director of Public Works. The bottom of such sign shall be at least eight feet above the sidewalk and shall not extend into any area which is designated for service or emergency vehicle use.

[Amended 9-30-2019]

Temporary signs. The erection, installation or maintenance of temporary signs is hereby prohibited, except as follows:

No permit shall be required for the maintenance of a temporary sign or signs by a municipal, charitable, political or nonprofit organization for a period not to exceed 30 days.

A temporary sign announcing anticipated occupancy of a site or building shall be permitted for a period not to exceed six months. Such sign shall not exceed 32 square feet if it is freestanding and shall not exceed the maximum permitted for a permanent sign if it is affixed to a building.

Temporary signs announcing special sales or events shall be permitted in commercial and industrial districts for a period not to exceed 15 days. Any such temporary signs must conform to the size and location requirements applicable to permanent signs.

Exemptions. The provisions and regulations of this section shall not apply to the signs enumerated in Subsection N(1) through (5); provided, however, that such signs shall be subject to the requirements on unsafe and unlawful signs and abandoned signs.

Bulletin boards. Bulletin boards or signs not over 16 square feet in area for public, charitable or religious institutions where the same are located on the premises of said institutions.

Construction signs. A sign not exceeding 16 square feet in area, denoting the architect, engineer and contractor, when placed upon public property where work is under construction.

Directional signs, etc. Directional signs, name or number plates and professional signs, not more than two square feet in area.

Memorial signs and tablets. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or similar material and affixed directly to the front face of the building and parallel to such front face.

Signs not over four square feet in residential zones, indicating the name of a building or apartment, a valid nonresidential use or a "for sale" or "for lease" sign.

Nonconforming signs.

Signs existing at the time of the enactment of this chapter and not conforming to its provisions but which were constructed in compliance with previous regulations shall be regarded as nonconforming signs.

No nonconforming sign shall be altered by increasing its overall dimensions. Nothing contained herein shall prevent customary maintenance, repainting or posting of such signs or structures, or copy changes. Any nonconforming sign may be repaired or replaced pursuant to CGS Chapter 124 § 8-2, as amended.

[Amended 9-30-2019]

Editor's Note: See Diagram 11, Signs, at the end of this chapter.

§ 213-57 Soil erosion and sediment control.

[Added 2-3-1986]

Purpose: to minimize soil erosion and sedimentation that occur as a result of the construction of residential, industrial and commercial development.

Activities requiring a certified sediment and erosion control plan. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than 1/2 acre. (The Commission or its agent may require temporary and permanent soil erosion and sediment control measures for development plans disturbing less than 1/2 acre.) No development, grading of the land or stripping of vegetation shall be permitted on slopes of 20% or steeper (shown on the Meriden City Slope Map, prepared August 2009, on file at the Planning office) unless part of an approved development, excavation or filling plan with an erosion and sediment control plan, including any land that may be further divided or density increased.

[Amended 12-21-2009]

Exemptions.

A single-family dwelling that is not part of a subdivision of land shall be exempt from this chapter.

Any application for development for which the disturbed area is 1/2 acre or less may be exempt from this chapter. (The Commission or its agent may require temporary and permanent soil erosion and sediment control measures for development plans disturbing less than 1/2 acre.)

Agricultural uses such as crop and tree farming and greenhouses or nursery operations.

Erosion and sediment control plan.

To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and to reduce the danger from stormwater runoff on the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Alternative principles, methods and practices may be used with the prior approval of the Commission.

Said plan shall contain but not be limited to:

A narrative describing the project, the schedule of activities on the land, the application and installation of control measures, design criteria, construction details and the maintenance program for any erosion and sediment control facilities that are installed.

A site plan at a scale of one inch equals not more than 20 feet or not less than 50 feet, showing:

The location of the proposed development and adjacent properties.

The existing and proposed topography, including soil types, wetlands, watercourses and water bodies.

The existing structures on the project site, if any.

The proposed area alterations, including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and existing, new or altered property lines.

The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities.

[6]

The sequence of grading and construction activities.

[7]

The sequence for installation and/or application of soil erosion and sediment control measures.

[8]

The sequence for final stabilization of the development site.

Any other information deemed necessary and appropriate by the applicant or requested by the Commission or its designated agent.

Minimum standards.

Plans for soil erosion and sediment control shall be developed in accordance with this chapter using the principles as outlined in Chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that minimizes erosion and sedimentation during construction, is stabilized and protected from erosion when completed, and does not cause off-site erosion and/or sedimentation.

The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The Commission (or County Soil and Water Conservation District) may grant exceptions when requested by the applicant if technically sound reasons are presented.

The appropriate method from Chapter 9 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Commission.

Issuance or denial of certification.

The Meriden Planning Commission or its designated agent shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this chapter or deny certification when the development proposal does not comply with this chapter. Approval of overall site development plans for a certificate of approval, planned residential development, planned executive office development or earth excavation or filling operations by the Planning Commission shall constitute certification of the soil erosion and sediment control plan.

Nothing in this chapter shall be construed as extending the time limits for the approval of any application under Chapter 124, 124a or 126 of the Connecticut General Statutes.[1]

Editor's Note: See §§ 8-1 through 8-13a, 8-13b through 8-13k and 8-18 through 8-30a of the Connecticut General Statutes, respectively.

Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District, which may make recommendations concerning such plan, provided that such review shall be completed within 30 days of the receipt of such plan.

Conditions relating to soil erosion and sediment control.

The estimated cost of measures required to control soil erosion and sedimentation, as specified in the approved or certified plan, may be covered in a performance bond or other assurance acceptable to the Commission.

Site development shall not begin, nor shall a building permit be issued, until the soil erosion and sediment control plan is approved, the control measures and facilities in the plan are bonded, and those measures scheduled for installation prior to site development are installed and functional.

Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the approved plan. All control measures and facilities shall be maintained in effective condition to ensure compliance with the intent of the approved plan.

Inspection.

Inspection shall be made by the Commission or its designated agent during development to ensure compliance with the approved plan and that control measures and facilities are properly performed or installed and maintained. The Commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the plan and are being operated and maintained according to the intent of the approved plan. These reports, when required, shall be submitted on a schedule to be determined by the Commission.

The Commission or its agent may require more stringent materials and methods for soil erosion and sediment control than shown on the approved plan when determined to be necessary. All inspection reports shall specify actions taken pursuant to this section.

If the Commission or its agent determines that the requirements of the approved soil erosion and sediment control plan are not being adhered to, a cease and desist order shall be issued according to Article X of this chapter or as provided herein. The cease and desist order shall be transmitted in writing to the owner/applicant via the responsible agent at the development site. Such cease and desist order shall describe the violation of the approved plan and shall become effective immediately. The cease and desist order shall remain in effect until the violation is corrected. As long as the cease and desist order remains in effect, no certificate of occupancy shall be issued.

§ 213-58 Hospital restricted landing area.

[Added 2-3-1986]

A hospital restricted landing area, as defined in Chapter 242 of the Connecticut General Statutes[1] may be located on the premises of an existing licensed general hospital, as defined by the health services, provided that the restricted landing area is approved by the appropriate state and federal agencies and by the City Planning Commission. Said restricted landing area must be located at least 100 feet from any residential structure plus any other conditions the Planning Commission deems appropriate to ensure the health, safety and welfare of neighboring properties.