A.
Permitted uses: Commercial.
(1)
Retail sale of food, non-alcoholic beverages, drugs, clothing, jewelry, hardware, stationery, specialty items, household appliances or furnishings.
(2)
Full service restaurants or clubs; service of alcohol is subject to § 30-9.5, Alcoholic liquors and cannabis retailers.
(3)
Non-full service restaurants; drive-up service windows are subject to § 30-4.1C(15).
(4)
Any professional or business office, bank, studio or other financial institution.
(5)
Wholesale showroom with storage limited to floor samples only.
(6)
Indoor movie theatres.
(8)
Accessory uses customarily incidental to the listed uses.
(9)
Personal convenience services limited to barbershops, beauty salons, and dry cleaning establishments.
(10)
Medical or research laboratory.
(11)
Day care centers.
(12)
Salesroom or display area for retail sale of new vehicles or rental of vehicles, including vehicle sale lots for display of new vehicles.
(13)
Retail or wholesale sale of used vehicles shall be permitted only when affiliated with and located within 300 feet measured from the closest point of the property to the property used as a display area for retail sale of new vehicles.
(14)
Commercial parking facility with site plan approval.
(15)
Multi-story, climate controlled indoor self-storage building, provided all services are contained within the building, the building contains at least 50,000 sq. ft. of floor area, the building exterior is designed with architectural styling and fenestration, and no more than six overhead loading doors are visible from the public street(s) on which the building and lot front unless screened from view. Building height is subject to the provisions of § 30-4.1C(13)(g) of these regulations.
C.
Special permits: Commercial. The following uses may be permitted when granted a Special Permit by the Planning and Zoning Commission.
(1)
Mixed Commercial and Multi-Family Uses provided a parcel contains a minimum of five acres and at least 25% of the total lot area is reserved for commercial development, then multi-family development shall be permitted on said parcel subject to the following:
(2)
Funeral homes.
(3)
Hotels or motels.
(4)
Hospitals, places of worship, schools, public libraries, public utility structures, governmental buildings, cemeteries, golf courses, country clubs, non-profit recreational facilities.
(5)
Any retail outlet dealing in merchandise or service similar to the items listed above as permitted uses.
(6)
Commercial education or recreational activities.
(7)
Telecommunication towers.
(8)
Residential facilities for special education.
(10)
Seller or server of alcoholic beverages unless considered an excluded establishment as stated in § 30-9.5A.
(11)
Commercial kennel, as defined in Article 2, provided that such a facility is located no closer than 300 feet from a residence or residential district. The 300 feet separation requirement shall not apply to veterinary facilities housed inside a building.
(12)
General automotive repairing and servicing. The sale of gasoline and/or used vehicles is not permitted with this use.
(13)
In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.
(a)
More than 40 off-street spaces are required or;
(b)
The proposed structure is within 200 feet of a residential structure or;
(c)
The proposed development has any off-street parking or loading spaces within 100 feet of a residential structure or;
(d)
The aggregate square footage for all structures on any parcel exceeds 25,000;
(e)
This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.
(f)
Lot coverage of 60% or more. In order to grant this Special Permit the Commission must find that this additional coverage will not increase the off site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off site.
(g)
A structure with a height exceeding two stories or 35 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.
(h)
Outside displays by retail sales establishments when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.
(14)
Redemption center for used beverage containers.
(15)
Drive-up service window by approval of both a Site Plan and a Special Permit.
(16)
Motor vehicle washing facility by Site Plan and Special Permit provided:
(a)
The facility shall service only automobiles, pick-up trucks, and small vans.
(b)
The entrance to the facility shall not exceed 12 feet in height.
(c)
The car wash shall be fully automated enabling the driver to remain in the vehicle as it is washed.
(d)
The car wash shall be in a completely enclosed building.
(e)
Automotive repairs are not conducted on the site.
(17)
Any establishment, which sells gasoline or diesel fuel.
(18)
Electronic or mechanical games. In any commercial establishment in which the principal use or activity is not the playing of electronic or mechanical games, no more than three such games or devices shall be placed for public or private use in or on the premises, without a Special Permit from the Planning and Zoning Commission. These games are not classified as a commercial recreational activity.
(19)
Independent massage therapy practice. In order to grant a Special Permit the PZC must find the following:
(a)
All massage services must be carried out by licensed massage therapist in clearly marked establishments. Such establishments shall provide rooms with professional lighting which shall remain on at all times that the room is in use and sufficient to light the entire room.
(b)
For all massage therapists, a valid license from the State of Connecticut and either valid active membership in the AMTA or evidence of Professional Liability insurance equal to that provided by AMTA membership must be presented to the PZC.
(c)
The valid Connecticut Massage Therapy License must be displayed in plain view in the place of business.
D.
Permitted uses: Industrial (I).
(1)
Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.
(2)
Printing or publishing establishment.
(3)
Wholesale showroom with or without storage and repair facilities.
(4)
Wholesale distribution or warehouse facility.
(5)
Bulk petroleum storage.
(6)
Open storage facility for contractors and building suppliers.
(7)
Salesroom or display areas for wholesale and retail sales and rental of vehicles including vehicle sales lots.
(8)
Temporary storage of new motorized vehicles.
(9)
Dry clean or laundering plant.
(10)
Research and experimental laboratories.
(11)
Wholesale or retail sale of products fabricated, assembled or packaged in a building on the premises.
(12)
Motor vehicle washing facilities.
(14)
Accessory uses customarily incidental to the listed uses.
(15)
Commercial education facility.
E.
Special exceptions: Industrial (I). The following use may be permitted when granted a Special Exception by the Zoning Board of Appeals.
(1)
Heliport.
F.
Special permits: Industrial (I). The following may be permitted when granted a Special Permit by the Planning and Zoning Commission.
(1)
Commercial recreational facility.
(2)
Freight or trucking terminal with warehouse storage facilities.
(3)
Auto body, soldering or welding shop.
(4)
Automotive repair shop.
(5)
Radio or television towers and facilities and commercial telecommunication towers.
(6)
Governmental buildings and public utilities structures.
(7)
Small engine and lawn mower repair shop.
(8)
Redemption center for used beverage containers.
(9)
In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.
(a)
More than 40 off-street parking spaces are required or;
(b)
The proposed structure is within 200 feet of a residential structure or;
(c)
The proposed development has any off-street parking or loading spaces within 100 feet of a residential structure or;
(d)
The aggregate square footage for all structures on any parcel exceeds 25,000;
(e)
This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.
(f)
Lot coverage of 40% or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off site.
(g)
A structure with a height exceeding three stories or 40 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.
(h)
Outside displays when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.
(10)
Electronic or mechanical games: In any commercial establishment in which the principal use or activity is not the playing of electronic or mechanical games, no more than three such games or devices shall be placed for public or private use in or on the premises, without a Special Permit from the Planning Commission.
(12)
Drive-up service window by approval of both a Site Plan and a Special Permit.
(13)
Commercial kennel, as defined in Article 2, provided that such a facility is located no closer than 300 feet from a residence or residential district. The 300 feet separation requirement shall not apply to veterinary facilities housed inside a building.
(14)
Message board sign by approval of both a Site Plan and Special Permit.
G.
Permitted uses: Special Development Zone — Economic Development. There are no permitted uses in this zone.
H.
Special exceptions: Special Development Zone — Economic Development. There are no Special Exceptions in the Special Economic Development Zone.
I.
Special permits: Special Development Zone — Economic Development. The following may be permitted when granted a Special Permit by the Planning and Zoning Commission:
(1)
Manufacturing, storing, processing, fabricating, packaging or assembling activities wholly within a building or unified complex of buildings.
(2)
Printing or publishing.
(3)
Wholesale distribution or warehouse facility.
(4)
Wholesale showroom with or without storage and repair facilities.
(5)
Research and experimental laboratories.
(6)
Auditorium, coliseum, or indoor movie theatre(s).
(7)
Professional office building, general office buildings, office parks.
(9)
Accessory uses customarily incidental to the listed uses.
(10)
Retail sale of products assembled or packaged in a building on the premises provided said fabrication, assembling, or packing operations occupy a minimum of 75% of the floor area of said building.
(11)
Plumbing, heating, electrical, industrial and general contracting establishments, which may include showrooms.
(12)
Commercial recreational facility.
(a)
Commercial recreational facilities are exempt from the minimum floor area requirement of 5% if the proposed use is primarily for outdoor activities.
(13)
In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.
(a)
More than 40 off-street parking spaces are required or;
(b)
The proposed development has any off-street parking or loading spaces within 100 feet of a residential structure or;
(c)
The proposed development has any off-street parking or loading spaces within 100 feet of a residential structure or
(d)
The aggregate square footage for all structures on any parcel exceeds 25,000;
(e)
This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.
(f)
Lot coverage of 65% or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off-site.
(g)
A structure with a height exceeding three stories or 40 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.
(h)
Outside displays when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.
(14)
Bank or other financial institution.
(15)
Hotel, motel, convention and resort centers.
(16)
Drive-up service window by approval of both a Site Plan and a Special Permit.
(17)
Restaurant, located within, and serving food for consumption inside an office, hotel, convention oriented or industrial type building or complex of buildings.
(18)
Governmental buildings and facilities including recycling facilities for organic materials.
(19)
Telecommunication towers.
(20)
Redemption center for used beverage containers.
(21)
Commercial kennel, as defined in Article 2, provided that such a facility is located no closer than 300 feet from a residence or residential district. The 300 feet separation requirement shall not apply to veterinary facilities housed inside a building.
(22)
Message board sign by approval of both a Site Plan and Special Permit.
K.
Permitted uses: Planned Commercial Zone.
(1)
Professional office buildings, general office buildings, office parks.
L.
Special exceptions: Planned Commercial Zone. None.
M.
Special permits: Planned Commercial Zone. The following may be permitted when granted a Special Permit by the Planning and Zoning Commission:
(1)
Full service restaurants.
(2)
Research and experimental laboratories.
(3)
Banks or other financial institutions without drive-up windows.
(4)
Governmental facility.
(5)
Retail sale of food, non-alcoholic beverages, drugs, clothing, jewelry, hardware and building materials, stationery, household appliances or furnishings, specialty items, and general merchandise.
(6)
Recreational and educational facilities.
(7)
Personal convenience services excluding weight studios, counseling and therapy services, and encounter groups, other than those performed in a professional office.
(8)
Nursing or convalescent homes and assisted living facilities.
(9)
Hotels or motels.
(10)
Accessory uses customarily incidental to the above uses.
(11)
In addition to any other required permits or approvals, a Special Permit shall be required for any use or development in this zone when any of the following thresholds are met for any parcel or development.
(a)
More than 40 off-street parking spaces are required or;
(b)
The proposed structure is within 200 feet of a residential structure or;
(c)
The proposed development has any off-street parking or loading spaces within 100 feet of a residential structure or;
(d)
The aggregate square footage for all structures on any parcel exceeds 25,000;
(e)
This section shall not apply to developments or subsequent modifications to projects approved by the Commission when said original approvals were obtained prior to March 1, 1992.
(f)
Lot coverage of 55% or more. In order to grant this Special Permit, the Commission must find that this additional coverage will not increase the off-site stormwater runoff or it is the written opinion of the Town Engineer that all stormwater runoff should be discharged off-site.
(g)
A structure with a height exceeding three stories or 40 feet. In order to grant this Special Permit, the Commission must receive a written opinion from the Fire Marshal as to the fire safety aspects the increased height would involve.
(h)
Outside displays when said displays occupy an area greater than 10% of the gross floor area of the individual business utilizing the display.
(12)
Retail sale of food with alcoholic beverages permit.
(13)
Day care centers.
(14)
Drive-up service window by approval of both a Site Plan and a Special Permit.
(15)
Message board sign by approval of both a Site Plan and Special Permit.
(16)
One sign, per business, not larger than 14 square feet, provided this sign meets all the other requirements of § 30-10.4. Additional signage and/or signs in excess of 14 square feet and otherwise in compliance with § 30-10.4 may be permitted when granted a Special Permit by the Planning and Zoning Commission.
(17)
Indoor movie theaters.
(18)
Funeral homes.
(19)
Seller or server of alcoholic beverages subject to § 30-9.5, Alcoholic liquors and cannabis retailers.
(20)
Hospitals, medical offices, laboratories and similar health care facilities.
N.
Uses. In the RVDOZ the following uses are permitted, notwithstanding the provisions of § 30-6.4, Downtown Business and Residential.
(1)
Retail sale of food, non-alcoholic beverages, pharmaceuticals, clothing, jewelry, hardware, stationery, specialty items, household appliances, and furnishings;
(2)
Restaurants, non-full service and full service; the service of alcohol shall be limited to full service restaurants but shall not be subject to the provisions of § 30-9.5; drive-up service windows shall not be permitted;
(3)
Taverns, pubs, and private clubs with a Club or Cafe liquor permit; these uses shall not be subject to the provisions of § 30-9.5;
(4)
Professional or business offices; governmental offices and facilities; clinics; dental, medical and health offices, provided none of the aforementioned uses is to be located on the ground floor of a building, unless a special permit is granted; for purposes of these regulations, "ground floor" shall be defined as the floor of the building that is entered from street level;
(5)
Places of worship or religious facilities, provided the same are not to be located on the ground floor of a building, unless the building was originally constructed for such purpose;
(6)
Banks or other financial institutions;
(7)
Hospitals;
(8)
Commercial recreational facilities;
(9)
Cultural, arts, crafts and education facilities; libraries; galleries; studios; and workshops;
(10)
Personal convenience services limited to barbershops, beauty shops, nail salons, and similar services;
(11)
Printing and graphic services;
(12)
Indoor movie theatres; performing arts theatres, auditoriums;
(13)
Existing single family dwellings; and the rebuilding of these structures (as originally constructed) if destroyed by natural disaster or fire;
(15)
Mixed non-residential uses (that are allowed in this section) and residential uses upon a single parcel or within a single building shall be allowed. The non-residential uses can be on any floor for the structure while the residential use will be allowed on any floor except the ground floor. Residential use on the ground floor is only allowed by granting of a special permit;
(16)
Conversion of residential to non-residential use and conversion of non-residential to residential use; either conversion shall require the granting of a special permit; If granted a special permit Buildings originally constructed as single family or multifamily residences may be occupied by professional offices on all floors including the ground floor;
(17)
Bed and Breakfast (B&B); hotels, motels;
(18)
Day care establishments when accessory to a permitted non-residential use; by special permit when it is the principal use;
(19)
Home based businesses of Minor Type;
(21)
Any uses not listed above but authorized in the underlying zone by special permit shall also be allowed in the RVDOZ by special permit.