A lot in any zone existing as of August 25, 1958, having sole access to a street by means of an easement, right of way or strip of land at least 12 feet wide that will permit unlimited access for the owners of such lot and for all public utilities may be used for the purposes permitted in the zone and the permitted buildings may be erected, altered or enlarged only if subsequent to August 25, 1958 the lot has not been owned (or controlled by a person (or persons) owning (or controlling) contiguous land or lots having frontage on a street or private street, at any time subsequent to August 25, 1958.
A lot in any zone with frontage on a private street may be used for the purposes permitted in the zone and the permitted buildings may be erected, if said lot subsequent to October 2, 1967, has not been owned (or controlled) by a person (or persons) owning (or controlling) contiguous land or lots having frontage on a street and if said lot is in compliance with all current Zoning Regulations or said lot was part of an approved subdivision per Connecticut State Statutes as amended.
Lots shall conform in all other respects to the provisions of these regulations.
Any construction on a vacant lot in an approved subdivision or re-subdivision may be permitted in compliance with the Zoning Regulations and zoning boundaries at the date of the subdivision or re-subdivision approval.
Any improved lot in an approved subdivision or re-subdivision may be used and the permitted buildings may be erected, altered or enlarged in compliance with the current Zoning Regulations and zoning boundaries.
In establishing front, side and rear yards for any lot without street frontage, the front yard of any such lot may be considered located on either that portion of the rear lot nearest to the street to which such lot has access or adjacent to whichever lot line is closest to a dwelling or other building, existing or under construction, on an adjacent lot.
No building or other structure shall be constructed on any lot without street frontage unless each such lot has its own driveway to the street which is constructed with an all-weather surface capable of supporting fire apparatus or similar mobile equipment during all seasons of the year. Exceptions to this requirement are made for those lots with shared driveways or consolidated lots pursuant to these regulations.
No building or other structure shall be constructed on any lot with street frontage unless each lot has its own driveway existing within its property lines to the street which provides the street frontage.
7.04.810 
Notwithstanding Sections 595-8.02.300, 595-8.02.400, and 595-8.03.212, exceptions to this regulation shall pertain to:
(a) 
Properties having frontage on South Main Street (Route 25) may utilize a shared driveway with a neighboring property or may utilize access to a side road provided such arrangements are designed to lessen potential for traffic congestion.
(b) 
Certain drawings shall be used as a guide in the design and location of driveways on South Main Street (Route 25). Such drawings are Figures 2 through 25 in the report entitled Newtown Route 25 Access Management Study, HVCEO Bulletin #85 dated November 1995. Such Bulletin is available in the Planning and Zoning Commission office for the particular site in question.
(c) 
Upon the receipt of a written request from the Inland Wetlands Commission, the Planning and Zoning Commission may approve a common driveway for two lots with street frontage provided that the shared driveway will serve to minimize wetland disturbance.
Where property exists in an R-2 or R-3 Zone of an area capable of being divided into more lots than it has street frontage for, said property may be divided, or subdivided pursuant to law, into two or more lots, which shall be considered conforming lots, provided that the following requirements are met:
7.04.910 
Each lot shall conform to current Zoning Regulations;
7.04.920 
Rear lots shall have direct access to a street by means of a strip of land at least 25 feet in width in the same ownership as the rear lot, and front lots shall meet the frontage requirements;
7.04.930 
Only one rear lot shall be served by each strip of land at least 25 feet wide;
7.04.940 
That the property to be divided has not been owned or controlled by a person or persons owning or controlling adjacent land having other frontage on any street at any time since August 25, 1958; and
7.04.950 
In any conventional subdivision of such property into three or more lots pursuant to law, no more than one rear lot shall be created for every two lots with street frontage. In any open space conservation subdivision, nor more than one rear lot shall be created for every lot with street frontage. In any subdivision, no more than two such strips of land shall adjoin each other and the area of the strip of land shall be indicated on the map but not included in computing the lot area for any lot.
[Amended effective 8-30-2004]
Where on June 5, 1970, a tract of land was owned individually or by several individuals having undivided interests in the entire tract and containing industrially zoned land lying to the rear of land zoned for business, and the industrially zoned land had no industrial frontage or insufficient industrial frontage to meet the frontage requirements for a lot in the applicable industrial zone, then the industrially zoned portion of said tract may be considered as a separate lot regardless of such lack of frontage and may be used for a use permitted in said industrial zone, and permitted buildings erected, altered or enlarged thereon, provided:
7.04.1010 
That the lot created has either.
(a) 
At least 35 feet of industrial frontage on the street giving said tract frontage; or
(b) 
Is served by a strip of land to said street at least 35 feet in width in the same ownership as the lot;
7.04.1020 
That such lot and any building or other structure erected thereon shall conform in all other respects to the provisions of these regulations;
7.04.1030 
If the industrially zoned portion of said tract is of insufficient size to meet the area requirements for a lot in the zone in which it lies, it shall be used as a separate lot provided:
7.04.1031 
Said tract is made conforming to the minimum area requirements for said Industrial Zone by addition of adjacent Business Zoned property.
7.04.1032 
No more business-zoned property shall be proposed for industrial use than is needed to create a lot which conforms to the minimum size requirements in said industrial zone, provided that the business-zoned property remaining and not used for a right of way to the industrial lot shall be of sufficient size for a conforming business lot.
7.04.1033 
The Commission shall find that said industrially zoned tract.
(a) 
Has not at any time subsequent to June 5, 1970, been reduced in area; and
(b) 
Does not and has not since said date adjoined other improved or unimproved business or industrially zoned land owned or controlled by the same owner or owners of the tract in question.
7.04.1040 
Lots otherwise meeting the regulations for the business or industrial zone in which they lie may be created with the required frontage on a strip of land or a private road rather than a public highway, and permitted buildings may be erected, altered or enlarged thereon provided that:
(a) 
The strip or private road was in existence and used to provide access to the industrially zoned property on June 5, 1970;
(b) 
The strip or private road is at least 50 feet wide; and
(c) 
The lot being created has an unlimited right of access over said strip or private road to and from the street.
7.04.1100 
M-1, and M-2A Industrial Zoned Lots. In M-1 and M-2A Zones private streets may provide the minimum street frontage for lots devoted to the uses permitted in each respective zone provided that the following requirements are met:
7.04.1110 
Each private street shall permit passage of all types of vehicles and access by all public utilities.
7.04.1120 
The road in said private street shall be constructed in accordance with all design, materials and construction standards required for minor collector streets (also known as "commercial or industrial streets") by the Newtown Road Ordinance[1] in effect at the time of construction.
(a) 
Prior to the granting of any zoning permit for a lot for which said private street provides the necessary minimum frontage, construction of the road within said private street shall be completed, or a performance bond guaranteeing the completion of said road not later than two years from the date thereof shall be filed with the Commission.
(b) 
Inspections of said road shall be made during construction in accordance with the inspection procedures of said Road Ordinance. If the road is constructed without such inspections having been made, no zoning permit shall be issued until the applicant provides proof that said road conforms in all respects to the applicable Road Ordinance.[2]
[2]
Editor's Note: See Ch. 185 of this Code.
[1]
Editor's Note: See now Ch. 185 of this Code.
7.04.1130 
The necessary minimum frontage shall not be provided by said private street for more than three lots.