A.
Each lot shall have at least the minimum area as specified
in the district. Each lot to be used for a dwelling shall have at
least the minimum area as specified in the district, and each lot
to be used for a dwelling containing more than one dwelling unit shall
have at least the minimum additional area for each dwelling unit in
the dwelling in excess of one specified in the district. Each lot
shall be on such shape that a square with the minimum dimension specified
in the district will fit on the lot and, in Residence Districts, some
portion of such square shall lie within the area required for setback
from a street line. Each lot shall have the minimum frontage on a
street specified in the district.
[Amended 2-17-2004; 8-16-2005]
B.
Exceptions: The requirements of Subsection A shall not be construed to prohibit condominium ownership of a building or buildings on a lot meeting the requirements of such subsection; the requirements of Subsection A shall not be construed to prohibit other forms of ownership of a portion of a building and its related lot provided that a special use therefor has been approved by the Commission, in accordance with Article XIV and a subdivision map therefor has been approved by the Commission in accordance with the standards of Chapter 382, Subdivision Regulations, of the Town of Orange, Connecticut, and recorded in the office of the Orange Town Clerk; the requirements of Subsection A shall not be construed to prohibit establishment of a public utilities substation, telephone equipment building, switching station, water supply pump station or public utility transmission lines, pipes or mains on a lot not meeting the requirement of such subsection on condition that the lot be used only for one or more of such uses and provided that a special use therefor has been approved by the Commission in accordance with Article XIV, and upon a finding that such use can be accommodated on a lot of the size and frontage upon which it is proposed to institute such use without jeopardizing the public health or welfare, without unreasonably adversely affecting the values of adjacent properties, and without creating an unreasonable traffic or safety hazard.
No building or other structure shall exceed
the number of stories and the maximum height as specified in the district,
subject to the following exceptions and limitations:
A.
Exceptions, particular structures: The maximum height
limitations of these Regulations shall not apply to the following
when not used for human occupancy:
(1)
Church spires, ornamental cupolas, skylights, parapets,
chimneys and flag poles;
(2)
Farm buildings and farm silos when the farm is located
on a lot of three acres or more; and
(3)
In other than BOP Districts, water storage tanks,
and elevator, heating, ventilating, air conditioning, solar access
and similar equipment, and any penthouses enclosing such equipment,
that are located on the roof of a building, do not occupy more than
25% of the area of the roof, and do not extend above the top of the
roof by more than 14 feet.
B.
Exceptions, particular uses: A greater or lesser maximum
height may be specified in these Regulations for buildings and other
structures established for particular uses authorized by approval
of a special use or approval of a site plan.
C.
LI and BOP Districts: In Light Industrial and Business Office Park Districts, any portion of an exterior building wall enclosing a story having a floor elevation of 40 feet or more above the ground elevation datum for the building, as determined in the definition of "height" in § 383-14, shall be recessed an average of 15 feet, but no where less than 10 feet, from the wall of the story next below, and no portion of the exterior wall of a building shall meet the finished grade of the lot at an elevation more than 20 feet below such ground elevation datum.
No building or other structure shall extend
within less than the minimum distances of any street line, rear property
line, other property line or Residence District boundary line as specified
in the district, subject to the following exceptions and additional
limitations:
A.
Signs: Certain permitted signs, as specified in Article XIX, may extend within lesser distances of a property or street line.
B.
Projections: Pilasters, belt courses, sills, cornices,
marquees, canopies, awnings, eaves and similar architectural features,
fireplace chimneys and open fire escapes may project into the area
required for setback from a street line, property line or Residence
District boundary line for the distance specified in the district.
C.
Additional setbacks: Any portion of a building or other structure having a height of more than 35 feet above the ground elevation datum for the building, as determined in the definition of "height" in § 383-14, shall be set back from any street line, property line or Residence District boundary line by two additional feet for each foot or fraction thereof by which such portion exceeds 35 feet in height.
D.
Narrow streets: The required setback from a street
line of a street having a width of less than 50 feet shall be increased
by one half of the difference between 50 feet and the actual width
of the street.
E.
Railroads: In Light Industrial Districts, no setback
is required from the right-of-way line of a railroad.
F.
Guard houses: In Light Industrial Districts, a building
not exceeding 150 square feet in floor area and a height of 15 feet
and used solely as a guard house, gate house or security building
may extend to within 10 feet of any street line.
G.
Form of ownership: The setback requirement shall not be construed to prohibit condominium ownership of a building or buildings which otherwise conform to such requirements; the setback requirements shall not be construed to prohibit other forms of ownership of a portion of a building and its related lot provided that a special use therefor has been approved by the Commission in accordance with Article XIV and a subdivision map therefor has been approved by the Commission in accordance with the standards of Chapter 382, Subdivision Regulations, of the Town of Orange, Connecticut, and recorded in the office of the Orange Town Clerk.
H.
Fences, walls and terraces: The required setback distances
shall not apply to fences or walls six feet or less in height nor
to necessary retaining walls or to unroofed terraces, but no fence,
wall or terrace shall be located within the right-of-way of any street.
I.
Accessory buildings in Residence District: On a lot
in a Residence District, one unattached building or structure accessory
to a dwelling, and not exceeding 10 feet in height, 15 feet in length
nor more than 150 square feet in ground coverage, may extend to within
10 feet of a property line provided that it does not extend within
less than 75 feet of any street line.
The total floor area of all buildings and other
structures on any lot, excluding basements, shall not exceed the percentage
of lot area as specified in the district, and the aggregate ground
coverage of all buildings and other structures on any lot shall not
exceed the percentage of lot area as specified in the district, which
floor area and coverage requirements are subject to the following
exceptions and additional limitations:
A.
Form of ownership: The floor area and coverage requirements shall not be construed to prohibit condominium ownership of a building or buildings which otherwise conform to such requirements; the floor area and coverage requirements shall not be construed to prohibit other forms of ownership of a portion of a building and its related lot provided that a special use therefor has been approved by the Commission in accordance with Article XIV and a subdivision map therefor has been approved by the Commission in accordance with the standards of Chapter 382, Subdivision Regulations, of the Town of Orange, Connecticut, and recorded in the office of the Orange Town Clerk.
B.
Coverage, BOP District: In Business Office Park District,
the maximum permitted ground coverage by buildings and other structures
on any lot may be increased as follows:
(1)
By 50% for buildings and structures and roof-covered
surfaces used solely for the parking of motor vehicles of persons
visiting or employed in a building on the lot; or
(2)
By 1/3 when at least 50% of the parking spaces required
for the building on the lot are located under the building or underground.
C.
Building bulk, BOP District: In Business Office Park
District, common areas such as atriums, enclosed plazas and accessways,
in permitted office buildings having a floor area, excluding basements
and buildings and structures used for parking of motor vehicles, of
100,000 square feet or more are not counted in total floor area.
[1]
Editor's Note: Former § 383-25,
Minimum floor area for dwellings and dwelling units, was deleted 2-17-2004.
