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
(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 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.
7.04.1130 The necessary minimum frontage
shall not be provided by said private street for more than three lots.