Town of West Hartford, CT
Hartford County
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Table of Contents
Table of Contents
[Amended 9-28-1976; 6-23-1981; 8-14-2001; 9-14-2004; 5-10-2005; 8-2-2005; 10-25-2005; 12-13-2005; 3-28-2006; 5-25-2010; 6-28-2011; 7-23-2013; 5-3-2014; 10-28-2014; 1-13-2015; 9-8-2015; 3-28-2017; 11-14-2017]
A. 
No structure shall be used, erected or expanded, and no land use shall be established or expanded, except in accordance with this chapter. The schedules contained in this article list permitted uses of land and buildings and the maximum height of buildings, the required yards, open space, area of lots and other requirements for the various districts in this chapter.
B. 
Schedule of Permitted Main Uses.
C. 
Schedule of Permitted Accessory Uses.
D. 
Standards for the One-Family Residence Districts.
E. 
Standards for Multifamily Residence Districts.
F. 
Standards for Business Districts.
G. 
Standards for Industrial Districts.
[1]
Editor's Note: The schedules noted below are included as attachments to this chapter.
In any Office-Laboratory District (BOL), the following main uses are permitted, subject to § 177-42A:
A. 
Office buildings and laboratories for business and professional use, including administration, research, development, statistical, financial, training and other functions directly related to the office building and laboratory use.
B. 
The following main uses are specifically excluded:
(1) 
The manufacturing or fabrication of products for sale.
(2) 
Pilot plants producing or manufacturing products.
(3) 
Warehouse facilities or systems for the storage of goods or materials for present or future sale.
(4) 
Radio or television towers, radar screens or water towers, unless specifically granted by the Town Plan and Zoning Commission after a finding by the Town Plan and Zoning Commission that they will be in harmony with the approved overall layout of the main use and that they will not interfere with the health, safety or convenience of the general public.
(5) 
Any use which causes the dissemination of noise, vibration, odor, dust, smoke, gas or fumes or atmospheric pollution of any kind, observable or otherwise detectable beyond the boundaries of the site.
(6) 
Any use which may be hazardous by reason of the possibility of fire, explosion, nuclear radiation or other hazard.
(7) 
The use of equipment causing interference with radio or television reception beyond the boundaries of the site.
(8) 
Testing of instruments which may require the flying of aircraft in the vicinity of the use in such manner as to cause a public nuisance.
(9) 
The disposal into the public sanitary sewer system of any harmful or deleterious matter, such as volatile oil, acid and caustic wastes, toxic substances, suspended solids or extremely hot water, which would impede or render inoperative the proper treatment of sewage.
(10) 
Any residence or accessory building, except as permitted under Item 9 of the list of accessory uses.
C. 
In any Office-Laboratory District, the following accessory uses are permitted, subject to § 177-42A:
(1) 
Garage for storage and maintenance of company motor vehicles and the storage of supplies for use in connection with such motor vehicles.
(2) 
Off-street parking and loading facilities.
(3) 
Maintenance and utility shops for the upkeep and repair of structures on the site and equipment on and off the site.
(4) 
Central heating and air-conditioning plants.
(5) 
Power substations.
(6) 
Facilities for the storage of water or for the pretreatment of harmful or deleterious matter which cannot be disposed of directly into the public sewerage system.
(7) 
Building for the storage of documents, records and other personal property.
(8) 
Communication facilities.
(9) 
Clinics, dining facilities, recreational facilities, stores and transient guest lodges, none of which shall be maintained or designed for or used by the general public but shall be used only by those actually employed on the premises or by business visitors to the building on the premises. All accessory uses under this subsection shall be designed and planned as an integral part of the office or research facility, shall be located on the same site therewith and shall be set forth and shown on the application for the zoning permit.
(10) 
Signs, as specified in § 177-33.
[Amended 10-28-1969; 11-11-1975; 6-27-1978; 2-24-1987; 1-26-1988; 9-23-2008]
A. 
Statement of purpose. The following standards are intended to regulate floodplain development, promote public health, safety, and general welfare, and minimize public and private losses due to flood conditions in specific areas.
B. 
Definitions. For the purposes of this section, the following words shall have the meanings defined herein:
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year, also referred to as the one-hundred-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or one-hundred-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING
See definition for "structure."
COST
As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements, such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures, such as garages, sheds, and gazebos.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance Program (NFIP).
FLOOD INSURANCE RATE MAP (FIRM)
The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas one-hundred-year floodplain) and the insurance risk premium zones applicable to a community.
FLOOD INSURANCE STUDY (FIS)
The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1.0 foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE (HAG)
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with a permanent foundation when attached to the required utilities.
MARKET VALUE
The market value of the structure shall be determined by using a computer assisted mass appraisal incorporating the three approaches to value prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.
MEAN SEA LEVEL (MSL)
The North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced. The NAVD is approximately equal to the National Geodetic Datum of 1929 minus 0.8 feet. The NAVD is also approximately equal to the Hartford Metropolitan District Commission Datum minus 2.9 feet.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after October 28, 1969, and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the largest horizontal projection;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. For purposes of this section, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. A structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VIOLATION
Failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. The NAVD is approximately equal to the National Geodetic Datum of 1929 minus 0.8 feet. The NAVD is also approximately equal to the Hartford Metropolitan District Commission Datum minus 2.9 feet.
C. 
Areas to which this section applies. For the purpose of preventing damage from flood and other related dangers, the provisions of this section shall apply to all special flood hazard areas (SFHA) within the Town of West Hartford in addition to any land within the Town of West Hartford which is located within a floodplain. A floodplain is defined as:
(1) 
All land beneath the one-hundred-year storm event indicated in the West Hartford Flood Plain Management Study prepared by the Soil Conservation Service, dated August 1986, a copy of which is on file in the office of the Town Clerk.
(2) 
All land located within the established stream channel encroachment lines (SCEL) created by the State Department of Environmental Protection and more particularly shown on maps entitled "Channel Encroachment Lines, Park River North Branch," dated September 25, 1964, and "Trout Brook, Channel Encroachment Lines," dated June 1968, and on file in the office of the Town Clerk.
(3) 
All other lands reserved by the state for flood protection, including but not limited to:
(a) 
Bugbee Flood Retention Reservoir.
(b) 
Talcott Mountain Flood Retention Reservoir.
(c) 
Burnt Hill Flood Retention Reservoir.
(d) 
South Flood Retention Reservoir.
(4) 
Additional lands reserved by special development district approvals, subdivision approvals, inland wetlands and watercourse permits, site plan approvals, building plot plans and permits and/or special floodplain studies for floodwater conveyance or storage.
(5) 
All other as yet undefined lands near to a watercourse which is susceptible to flooding, whether a floodplain study has been performed or not.
D. 
Basis for establishing the special flood hazard areas (SFHA).
(1) 
The special flood hazard areas (SFHA) identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for the Town of West Hartford, dated September 26, 2008, and accompanying Flood Insurance Rate Maps (FIRM), dated September 26, 2008, and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this chapter. Said mapping must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.
(2) 
The SFHA includes any area shown on the FIRM as Zones A, A1-30, AE, AO, and AH, including areas designated as a floodway on a FIRM or FBFM. The SFHA does not include any area designated on the FIRM as "shaded zone x/other flood areas." SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on the flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. Also included are areas of potential, demonstrable or historical flooding, including any area contiguous with but outside the SFHA identified by FEMA, and where the land surface elevation is lower than the base flood elevation (BFE) as shown in the FIS, and the area is not protected from flooding by a natural or man-made feature. The FIRM and FIS are on file in the office of the Town Clerk, Town Hall, 50 South Main Street, West Hartford, Connecticut.
E. 
Standards for plan approval. In a floodplain, no structure shall be erected, expanded or structurally altered, no land use shall be established, and no landfill, excavation, paving or grading shall be initiated until the Director of Community Development approves the development application and advises the approving authority of the application's conformance with the following standards:
[Amended 10-7-2019]
(1) 
General standards. In all special flood hazard areas (SFHAs) the following provisions are required:
(a) 
New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless they are a functionally dependent use or facility.
(b) 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems [(CFR 60.3(a)(5)].
(c) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters [CFR 60.3(a)(6)(i)].
(d) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding [CFR 60.3(a)(6)(ii)].
(e) 
Above-ground storage tanks (i.e., oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored to prevent flotation or lateral movement with the top of the fill pipe extending above the BFE and having a screw fill cap that does not allow for the infiltration of floodwater.
(f) 
Notify adjacent communities and the Connecticut Department of Energy and Environmental Protection prior to any alteration or relocation of a watercourse, and assure that the flood-carrying capacity within the altered or relocated watercourse is maintained [CFR 60.3(b)(6) and (7)].
(g) 
If any portion of a structure lies within the SFHA, the entire structure is considered to be in the SFHA and must meet the construction requirements of the flood zone.
(h) 
Compensatory storage. The water-holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on-site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of floodwater at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site with approval by the Director of Community Development.
(i) 
Equal conveyance. Within the floodplain, except those areas which are tidally influenced as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure, are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any 0.00 feet increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.
(j) 
All new construction and substantial improvements in special flood hazard areas (SFHAs) shall:
[1] 
Be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy [CFR 60.3(a)(3)(i)];
[2] 
Be constructed with materials resistant to flood damage [CFR 60.3(a)(3)(ii)];
[3] 
Be constructed by methods and practices that minimize flood damages [CFR 60.3(a)(3)(iii)];
[4] 
Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding [CFR 60.3(a)(3)(iv)].
(2) 
Specific standards.
(a) 
Construction standards in special flood hazard areas (SFHA) Zones A and AE for residential and nonresidential construction. All new construction and substantial improvements of structures shall have the bottom of the lowest floor, including basement, elevated 2.0 feet above the base flood elevation (BFE) [CFR 60.3(c)(2) and (3)].
(b) 
Manufactured homes. In all special flood hazard areas (SFHA), any manufactured homes placed or substantially improved shall be elevated on a permanent foundation such that the bottom of the lowest floor is 2.0 feet above the base flood elevation (BFE) and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This includes manufactured homes meeting one of the following location criteria:
[1] 
Outside of a manufactured home subdivision;
[2] 
In a new manufactured home subdivision;
[3] 
In an expansion to an existing manufactured home subdivision; or
[4] 
In an existing subdivision on which a manufactured home has incurred substantial damage as a result of a flood [CFR 60.3(b)(8) and 60.3(c)(6)].
(c) 
Recreational vehicles. Recreational vehicles placed on sites within a SFHA shall be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions [CFR 60.3(c)(14)].
(d) 
In a regulatory floodway, no encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any (0.00 feet) increase in flood levels during a base flood discharge. [CFR 60.3(d)(3)].
(3) 
Standards for watercourses without established base flood elevations (unnumbered A Zone), adopted floodways and/or flood mapping.
(a) 
In the absence of base flood elevation (BFE) and floodway data, the Director of Community Development shall obtain, review and utilize any data available from a federal, state, or other source to assure that new or substantially improved residential structures are elevated to or above the base flood elevation and nonresidential structures are either elevated or floodproofed to or above the BFE. If no BFE can be determined, the lowest floor, including basement, must be elevated to two feet above the highest adjacent grade next to the structure [CFR 60.3(b)(4)].
(b) 
Until a regulatory floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within Zones A1-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1.0 foot at any point in the community [CFR 60.3(c)(10)].
(c) 
Floodway data may be requested of an applicant for watercourses without FEMA-published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the municipality's request or not), the community shall select and adopt a regulatory floodway that must carry the waters of the base flood without increasing the BFE more than 1.0 foot at any point within the community [CFR 60.3(d)(2)].
(4) 
Design standards for subdivision proposals. If a proposed subdivision is located in a special flood hazard area (SFHA), the following requirements shall apply:
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage [CFR 60.3(a)(4)(I)];
(b) 
All subdivision proposals shall have public utilities and facilities located and constructed to minimize or eliminate flood damage [CFR 60.3(a)(4)(ii);
(c) 
All subdivision proposals shall have adequate drainage provided [CFR 60.3(a)(4)(iii);
(d) 
BFE data shall be required for all new subdivision proposals and other proposed developments greater than 50 lots or five acres, whichever is the lesser [CFR 60.3(b)(3)].
F. 
Approval procedure.
[Amended 10-7-2019]
(1) 
The application for approval of a development in a floodplain shall be submitted as part of a development application process to the approving authority and shall include, as a minimum, the following:
(a) 
Three black-and-white prints of a plot plan of the premises drawn to scale and certified by a licensed land surveyor and civil engineer, showing the actual shape and dimensions of the lot, the size and location of all existing and proposed structures and land uses, the layout of parking and loading facilities and access thereto, existing and proposed grades and existing and proposed floodplain limits of all watercourses.
(b) 
A detailed drainage study prepared by a registered professional engineer in the State of Connecticut, detailing existing and proposed hydrology and hydraulics of the site and any watercourses thereon. The study should include a predevelopment and postdevelopment analysis and statement of the development's effects on peak runoff and water surface elevations for all standard storm events from the five-to-one-hundred-year storm events.
(c) 
Such other information as required by the Director of Community Development to determine compliance with these regulations.
(d) 
The approvals from all appropriate state and federal agencies for the development project.
(2) 
The Director of Community Development shall review and advise the approving authority of the proposed plan's compliance with these regulations within 30 days after receipt.
(3) 
No building permit shall be issued which is not in conformance with the approved plan and with any other regulations governing the use of the applicant's property.
G. 
Penalty. Any private person or any firm or corporation who violates this section shall be fined $100 for each day that such violation is continued. Nothing herein contained shall prevent the Town of West Hartford from taking such lawful action as is necessary to prevent or remedy any violation.
H. 
Structures already in compliance: A structure or development already in compliance with this section shall not be made noncompliant by any alteration, modification, repair, reconstruction or improvement and must also comply with other applicable local, state, and federal regulations. No structure or land shall hereafter be located, extended, converted, modified or structurally altered without full compliance with the terms of this section and other applicable regulations.
I. 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this section conflicts or overlaps with another ordinance, regulation, easement, covenant, or deed restriction, the more stringent restriction shall prevail.
J. 
Interpretation.
(1) 
In the interpretation and application of this section, all provisions shall be:
(a) 
Considered as minimum requirements;
(b) 
Liberally construed in favor of the governing body; and
(c) 
Deemed neither to limit nor repeal any other powers granted under state or federal law.
(2) 
Unless otherwise specifically defined herein, terms shall have the meanings ascribed to them in the regulations of the Federal Emergency Management Agency, National Flood Insurance Program, 44 CFR 59.1.
K. 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering consideration and research. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply or guarantee that land outside the special flood hazard area or uses permitted in such areas will be free from flooding and flood damages. This section shall not create liability on the part of the Town of West Hartford or its agents, officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. The Town of West Hartford, its officers and employees shall assume no liability for another person's reliance on any maps, data or information provided by the Town of West Hartford.
L. 
Severability. If any terms, phrases, sentence, paragraph, section or article of this section shall be declared invalid for any reason, such decision shall not affect the remaining parts of this section, and such parts shall continue in full force and effect and are hereby declared to be severable.
[Added 1-26-1988]
A. 
Purpose and area designation.
(1) 
The purpose of this section is to:
(a) 
Recognize voluntarily the agreement between the State of Connecticut, Department of Environmental Protection, and the United States Corps of Engineers concerning the construction of the Park River Conduit System.
(b) 
Substantially preserve the storage pool of the Park River Conduit System.
(c) 
Alert potential developers of the risk of development in the Park River Project water storage area.
(2) 
The area of the Park River Project water storage area is defined as all lands below elevation 54 MDC (52 NGS) datum along the Park River, Piper Brook or Trout Brook in the Town of West Hartford.
B. 
Standards for approval.
[Amended 10-7-2019]
(1) 
In the Park River Project water storage area, no structure shall be erected, expanded or structurally altered, and no land shall be excavated, filled, graded or paved until the Director of Community Development approves the development application and advises the approving authority of the application's conformance with the following regulations:
(a) 
The volume of the water storage area up to elevation 54 MDC (52 NGS) datum shall be substantially preserved such that no more than the minimum fill necessary to make the site functional may be permitted.
(b) 
The volume of the building, if not floodproofed, shall not be considered as occupying water storage.
(c) 
The grading of the site, excluding building volume, shall substantially balance cuts and fills below elevation 54 MDC (52 NGS).
(d) 
An applicant shall note on the plan the existence of the elevation 54 MDC (52 NGS) and the Park River Project water storage area.
(2) 
Where applicable, the provisions of § 177-8, the Inland Wetlands Regulations and all other ordinances or regulations of the Town of West Hartford shall also apply in addition hereto.
C. 
Approval procedure.
[Amended 10-7-2019]
(1) 
The application for approval of a development in the Park River Project water storage area shall be submitted as part of the development application process to the approving authority and shall include as a minimum the following:
(a) 
Three black-and-white prints of a plot plan of the premises drawn to scale and certified by a licensed land surveyor and civil engineer, showing the actual shape and dimensions of the lot, the size and location of all existing and proposed structures and land uses, the layout of parking and loading facilities and access thereto and existing and proposed grades.
(b) 
Calculations which illustrate the balancing of cuts and fills as required above.
(c) 
The approvals from all appropriate state and federal agencies for the development project.
(2) 
The Director of Community Services shall review and advise the approving authority of the proposed plan's compliance with these regulations within 30 days after receipt. The failure of the Director of Community Development to act within 30 days shall constitute an approval of the plan.
(3) 
The approving authority shall not approve any application until it receives the comments of the Director of Community Development regarding compliance with these regulations.
(4) 
No building permit shall be issued which is not in conformance with the approved plan and with any and all other regulations governing the use of the applicant's property.
D. 
Penalty. Any private person or any firm or corporation who violates this section shall be fined $100 for every day that each such violation continues.
E. 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
F. 
Interpretation. In the interpretation and application of this section, all provisions shall be:
(1) 
Considered as minimum requirements;
(2) 
Liberally construed in favor of the governing body; and
(3) 
Deemed neither to limit nor repeal any other powers granted under state or federal law.
G. 
Warning and disclaimer of liability. The degree of storage protection required by this section is considered reasonable for regulatory purposes and is based upon scientific and engineering considerations. This section does not imply that land outside the Park River Project storage area will be free from flooding or flood damages. This section shall not create liability on the part of the Town of West Hartford or its agents, officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
A. 
Statement of purpose. The following standards are intended to secure adequate light, air and privacy for dwelling units facing a court of buildings on the same lot.
B. 
Standards. The minimum horizontal width between opposite walls of a court shall be as follows:
(1) 
Where two or more of the opposite walls contain windows of habitable rooms, the width shall be at least twice the height of the highest of said walls or 75 feet, whichever is more, except that a distance of not less than 50 feet shall be permitted for a length of not more than 100 feet for buildings of two or fewer stories and for a length of 50 feet for buildings of three or more stories, provided that exceptions shall not be repeated within 100 feet, measured along the same side of the court. A distance of more than 120 feet shall not be required.
(2) 
Where only one of the opposite walls contains windows of habitable rooms, the width shall be at least equal to the height of the highest wall containing no windows or 30 feet, whichever is more, except that a distance of not less than 50 feet shall be permitted for a length of not more than 50 feet for buildings of five or more stories, provided that exceptions shall not be repeated within 100 feet measured along the same side of the court.
(3) 
When opposite walls contain no windows of habitable rooms, the width shall be at least 1/3 of the height of the highest wall or 10 feet, whichever is more.
(4) 
Where one or more of the opposite walls of a court of less than 20 feet in length contain windows of habitable rooms, the width shall be at least 30 feet.
A. 
Usable open space shall be provided for all dwelling units in multifamily districts in the amount specified in § 177-6E for the use and enjoyment of residents in multifamily dwellings or one-family detached dwelling units. Such open space may be provided jointly for several families or separately for use by one family.
B. 
Open space which is intended for use by more than one family may be provided on the ground or on the top of structures, and it shall be at least 25 feet wide.
C. 
Open space which is intended for use by one family may be provided on balconies, terraces or in patios, and it shall be at least six feet wide and directly accessible from the dwelling unit it is intended to serve. Such open space may be counted as twice its actual area if it is properly screened for privacy from vision and noise from areas used by other families and if it can be used as a private extension of the dwelling units. In no case, however, shall such open space be given credit for more than the minimum required area as specified in § 177-6E.
D. 
Any area between a building line and a street line shall not be considered as usable open space.
[Amended 10-28-1969; 11-14-1989; 7-23-2013; 5-13-2014; 7-21-2015]
A. 
The standards of the R-6 District shall be met for single-family residences in the RM, RM/O, BO and BN and BND Districts. The standards of the RM-1 District shall be met where a lot in the BO, BN, BND, BC or RM/O District is used for multifamily residential purposes only, except that requirements for side and rear yards of the district in which said lot is located shall apply if the wall of a residential building contains no windows of habitable rooms.
B. 
The following standards shall be met where a lot in the BO, BN, BND, BC, BG or RM/O District is used for residential and business purposes:
(1) 
The requirement for lot area per dwelling unit, usable open space per dwelling unit and maximum height shall be those of the RM-1 District.
(2) 
The yard requirements shall be those of the district in which said lot is located, except along all building walls containing windows of habitable rooms of dwelling units where the yard requirements of the RM-1 District apply.
(3) 
In the BG Zone, dwelling units may only be established on floors above the ground-floor level.
C. 
The following standards shall be met where a lot in the IG or IR District is used for mixed residential and business purposes:
(1) 
The requirement for lot area per dwelling unit and usable open space per dwelling unit shall be those of the RM-1 District.
(2) 
The yard and screening requirements shall be those of the IG District for Yards and Screening Adjoining Residential Districts.
(3) 
The maximum floor area ratio shall be 1.0.
[Added 6-13-2017]
The keeping of one or more colonies of the common domestic honeybee, Apis mellifera, shall be a permitted accessory use in those districts specified under § 177-6C, Item 28 of the Schedule, subject to the following:
A. 
Standards.
(1) 
The minimum lot size required for beekeeping shall be 6,000 square feet.
(2) 
The maximum number of colonies shall be subject to the following limitations:
Zoning District
Maximum No. of Permitted Colonies Per Lot
R-6
1
R-10, R-13 and R-20
2
R-40
3
R-80
4
(3) 
All colonies shall be located in rear yards and shall be located not less than 20 feet from any property line.
(4) 
A flyway barrier of at least six feet in height must shield any part of a property line within 50 feet of a colony. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that honeybees will fly over rather than through the material to reach the colony.
(5) 
An on-site source of fresh water shall be provide and shall be located closer to the hive than any water source on adjacent property.
B. 
Operation and maintenance.
(1) 
Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.
(2) 
Adequate space shall be maintained in the hive to prevent overcrowding and swarming.
C. 
Application procedure.
(1) 
Subject to requirements set forth in § 177-12A and B, no person shall keep honeybees within the Town of West Hartford without first obtaining a permit.
(2) 
An application for the keeping of honeybees shall be made in writing to the Town Planner and shall include all information outlined in § 177-41 and subject to a zoning permit fee as outlined in § 177-50.
(3) 
The Town Planner shall review applications for the keeping of honey bees and shall approve, disapprove or approve with modification such proposed application within 30 days after having received all of the information described in this section.
(4) 
The Town Planner shall give notice of the application by sending, by certificate of mailing, a copy of the application to the owners of all adjoining property to the property which is the subject of the application.
(5) 
The applicant shall post a sign giving notice of the application in a conspicuous place on the property for which the keeping of honeybees is sought, visible from a public street. Said sign shall be posted from the date an application is received by the Town Planner and shall remain in place until a decision on the application has been made.
(6) 
Permits shall be renewed annually, at no cost, and may be revoked if the permit has not been renewed within one week of the expiration of the prior permit.
(7) 
Failure to comply with any of these conditions may result in the revocation of the permit.
D. 
State requirements.
(1) 
The applicant shall obtain all necessary permits prior to the installation of any colony and shall annually, on or before the first day of October, make application to the State Entomologist for the registration of bees. Following the issuance of the initial permit, no application for a permit or renewal of a permit to keep bees shall be considered until proof of registration with the State of Connecticut Entomologist is provided.
[1]
Editor's Note: Former § 177-12, Minimum floor area for dwelling units, was repealed 9-27-1994.
[Amended 2-13-1990; 4-9-2002]
A. 
Purpose. The provisions for open space development are intended to:
(1) 
Encourage the establishment of open spaces in residential neighborhoods to provide recreational opportunities for their residents.
(2) 
Enhance the appearance of the community.
(3) 
Preserve areas and features of exceptional natural beauty, particularly land areas along ridge lines and specimen trees.
(4) 
Protect historical and archaeological sites and cultural monuments, such as stone walls.
(5) 
Preserve ponds, swamps, aquifers and watercourses necessary for drainage and storage of stormwater and protect such bodies of water from pollution and from unusual erosion hazards due to lack of topsoil and vegetation, excessive stream velocity, steep slopes or unstable soils.
(6) 
Prevent the excessive runoff of drainage water and the consequent depletion of groundwater.
B. 
Procedure.
(1) 
All open space developments of detached dwellings shall also be subject to the provisions of Chapter A184, Subdivision Regulations, of the Code of the Town of West Hartford where those regulations are applicable.
(2) 
All open space developments of attached dwellings shall be subject to the provisions of § 177-42A, in which case the special use permit application shall include the information required by § A184-20A and B of the West Hartford Subdivision Regulations, as may be amended, and the Commission shall apply the evaluative provisions of the Subdivision Regulations. In addition, if subdivision of land is contemplated, all open space developments shall also be subject to all other provisions of Chapter A184, Subdivision Regulations.
(3) 
To determine the number of dwelling units in an open space development, the applicant may choose either one of the following means:
(a) 
The total land area of the subject tract plus 1/2 of the area of all streets on which said tract has frontage and which are not part of said tract shall be divided by the average gross lot area according to the following schedule:
District
Average Gross Lot Area
(square feet)
R-80
120,000
R-40
60,000
R-20
30,000
R-13
19,150
R-10
15,750
R-6
9,000
(b) 
A preliminary subdivision plan of the subject tract conforming to Chapter A184, Subdivision Regulations, shall be submitted to the Plan and Zoning Commission, and if said plan is approved by the Commission, the number of lots indicated on said preliminary subdivision plan shall equal the number of dwelling units permitted in the open space development.
(4) 
In approving the open space development, the Plan and Zoning Commission shall determine that the areas shown as open space on the plan are assured of continuing in such status, subject to legal instruments approved by the Corporation Counsel as adequate to ensure such permanence, through the mechanism of a homeowners' association obligated to maintain, protect and preserve the open space.
(5) 
In order to assure such permanency of open space, the Plan and Zoning Commission may require that the applicant furnish such legal documents as are necessary to guarantee such permanency.
(6) 
The Plan and Zoning Commission also shall determine that the individual owners have responsibility for the proper maintenance for the open space and other jointly owned areas and facilities and that in the ownership agreement there is an effective method for assessing the cost of such maintenance, including provisions deemed adequate by the Corporation Counsel entitling the Town of West Hartford to compel reimbursement by individual homeowners for costs necessary to maintain and protect the open space objective of this section.
(7) 
Land set aside as open space may be utilized to provide regrading necessary to construct houses or accessory uses and/or to construct required septic system areas for dwelling units located on the same lot. Disturbance of the land shall be the minimum necessary, consistent with good construction practices and as shown on the plot plan approved by the Town Engineer and the Town Planner. The disturbed surface of the land shall be returned to a natural state incorporating indigenous plantings after completion of the construction activity and shall not be considered to have been permanently altered per § 177-14A, Note 1. At the discretion of the Commission, land set aside as open space may be devoted to public or private passive recreation uses if kept in its natural state unless the result would be to weaken or negate the achievement of the objectives of this section.
(8) 
Any new roads in an open space development shall, whenever possible, follow existing contour lines to minimize erosion and to minimize the intrusion of the road into the natural and open environment these regulations are designed to encourage. Buildings and structures should similarly be located to minimize their visual intrusion into the environs and to maximize their ability to benefit from passive solar heating.
(9) 
In approving an open space development, the Commission shall determine that the overall traffic design is efficient and safe based on the traffic conditions in the area under review. In an R-80 open space development project, the number of entry/exit points onto heavily traveled Town or state public roads shall be minimized.
[Amended 11-15-1977; 11-28-1978; 2-13-1990; 4-9-2002; 11-9-2004]
A. 
Detached dwellings. Bulk regulations for open space developments of detached dwellings shall be as follows:
District
Minimum Lot Area
(square feet)
Minimum Average Lot Width
(feet)
Minimum Average Lot Depth
(feet)
Yards
Maximum Building Height
Maximum Lot Coverage
R-80
20,0001
150
100
As specified in § 177-6D of this chapter
As specified in § 177-6D of this chapter
As specified in § 177-6D of this chapter
R-40
25,000
120
160
R-20
14,000
90
120
R-13
9,500
70
100
R-10
8,000
60
100
R-6
5,000
50
100
NOTES:
1
1. Within the R-80 Zone, a maximum of 50% of the entire area of a subdivision may be altered permanently, and in the case of a lot which is not otherwise subject to subdivision regulations, up to 50% of the lot may be altered permanently.
B. 
Attached dwellings.
(1) 
Bulk regulations for open space developments of attached dwellings shall be as follows:
District
Minimum Area of Tract
(acres)
Minimum Area of Plot Occupied by Dwelling Unit and Private Yard
(square feet)
Minimum Width of Dwelling Unit
(feet)
Front Yard
Side Yard
(feet)
Rear Yard
(feet)
Maximum Building Height
R-80
6
2,000
30
Observe building line in all zoning districts
50
100
As specified in § 177-6D of this chapter
R-40
4
1,500
25
40
100
R-20
2
1,000
18
30
80
R-13
2
1,000
18
20
70
R-10
2
1,000
18
20
70
R-6
2
1,000
18
20
70
(2) 
Front, side and rear yards not adjoining the boundaries of the subject tract are not required; however, where provided, they shall be at least 10 feet.
(3) 
Minimum gross floor area.
(a) 
Per dwelling of five or more rooms: 1,200 square feet.
(b) 
Per dwelling of four rooms: 1,000 square feet.
(c) 
Per dwelling of three rooms or fewer: 800 square feet.
(4) 
Each dwelling unit shall have at least one private yard of not less than 250 square feet, enclosed on all sides with a solid fence or wall at least seven feet high, except that no such fence or wall shall be required where said yard adjoins any portion of the open space at least 50 feet wide.
[Amended 11-15-1977; 11-9-2004]
A. 
The total area of the open space shall be at least equal to the area resulting from the actual reduction of the individual lot areas. At least 75% of the open space shall be 50 feet wide or more.
B. 
The open space may be established in separate parcels or as a conservation easement across individual lots, provided that at least 50% of the total open space is contiguous, and provided further that no area of less than 2,500 square feet or a width of less than 20 feet shall be considered as part of the open space.
C. 
All dwelling units shall have access to land designated as open space.
D. 
Land which has been established as either a wetland or watercourse for purposes of inland and wetlands and watercourses regulation shall be excluded from any open space area calculations.
E. 
All residents of an open space development shall have the same rights and responsibilities regarding the use of the open space and all facilities provided therein.
F. 
In accord with the requirements of § 177-13, the applicant shall endeavor to prevent the excessive runoff of drainage water and the consequent depletion of groundwater.
[Added 3-11-1975]
A group-care facility shall be subject to the provisions of § 177-42A and shall also be subject to the following provisions:
A. 
A special use permit shall be granted to the person, firm or corporation conducting the facility, and it shall not be assignable or transferable, nor shall it be considered a right vested in the premises. It shall be granted for an initial period of two years and shall be subject to renewal every three years thereafter.
B. 
Application for special use permit.
[Amended 5-10-2005]
(1) 
An application for a special use permit for a group-care facility shall be made to the Town Plan and Zoning Commission pursuant to the provisions of § 177-41A and shall include, in addition to the requirements of § 177-41B, such additional information as the Building Inspector, the Director of Health and the Chief of the Fire Department shall deem necessary.
(2) 
Upon submission of such application:
(a) 
The Chief of the Fire Department shall forthwith examine said premises for the purpose of determining its suitability for such occupancy with respect to the fire and safety laws and regulations of the state and the Town. The Chief shall file a written report with the Town Plan and Zoning Commission of approval or disapproval of the application. In the event of disapproval, the Chief shall set forth in the report the repairs, alterations or limit in the number of occupants necessary to meet the requirements of the fire and safety laws and regulations or shall report that, in the Chief's opinion, the building cannot be repaired or altered to conform to such requirements.
(b) 
The Director of Health shall forthwith examine said premises for the purpose of determining suitability for such occupancy with respect to the health and sanitation laws and regulations of the state and Town. The Director shall file a written report with the Town Plan and Zoning Commission of approval or disapproval of the application. In the event of disapproval, the Director shall set forth in the report the repairs, alterations or limit in the number of occupants necessary to meet the requirements of the health and sanitation laws and regulations or shall report that, in the Director's opinion, the building cannot be repaired or altered to conform to such requirements.
(c) 
The Building Inspector shall forthwith examine said premises for the purpose of determining its suitability for such occupancy with respect to the Building Code and building regulations of the state. The Building Inspector shall file a written report with the Town Plan and Zoning Commission of approval or disapproval of the application. In the event of disapproval, the Building Inspector shall set forth in the report repairs, alterations or a limit in the number of occupants necessary to meet the requirements of the Building Code and regulations or shall state that, in the Building Inspector's opinion, the building cannot be repaired or altered to conform to such requirements.
(3) 
Upon receipt of such reports, the staff of the Town Plan and Zoning Commission shall immediately forward a copy thereof to the applicant.
C. 
The Plan and Zoning Commission shall attach such conditions, safeguards or restrictions as are necessary to ensure continued compliance with the terms of the special use permit, including a limitation on the duration of the special use permit.
D. 
In addition to any other conditions, safeguards or restrictions that the Plan and Zoning Commission may impose, the grant of a special use permit for a group-care facility shall always be subject to the following conditions:
(1) 
No building shall be occupied as a group-care facility, nor shall any special use permit become effective, until a license to conduct the same has been issued pursuant to the provisions of Chapter 98, Group-Care Facilities.
(2) 
The development of the premises and the construction or remodeling of the building shall be compatible with the surrounding neighborhood and the residence district and may be specifically restricted by the Plan and Zoning Commission as it deems appropriate in the public interest, including limitations and restrictions on parking.
(3) 
The building shall be constructed or remodeled in such a manner so that it will remain usable and salable for dwelling use if the use as a group-care facility is terminated.
(4) 
No special use permit for a group-care facility to serve a particular class of persons shall be changed or expanded to serve another function or to serve any other class of persons without a new and separate special use permit. No enlargement of the occupancy shall be permitted, and no structure shall be enlarged nor any additional building constructed on the premises, without a new, separate and specific special use permit.
(5) 
No such special use permit shall be granted to house fewer than six persons, excluding the operator, the operator's staff and their respective families.
(6) 
No such special use permit shall be granted for a location within a radius of less than 1,500 feet from another group-care facility.
E. 
Notwithstanding the prior grant of a special use permit, the Plan and Zoning Commission may revoke it at any time after due notice and hearing upon a finding that there has been a failure to comply with any of the conditions set forth herein or any of the conditions, safeguards or restrictions imposed by the Plan and Zoning Commission or if it finds that such operation or use unreasonably interferes with the use and enjoyment of neighboring property. The official charged with the enforcement of this chapter may file a complaint for revocation of the special use permit with the Plan and Zoning Commission. This section shall take effect on the 45th day following passage.
[Added 4-21-1987]
A. 
Group day-care homes and child day-care centers shall be subject to the requirements of § 177-42A and the following additional provisions:
(1) 
Fenced play areas shall not be closer than 10 feet to the property line of adjacent residentially developed property.
(2) 
Where the play area of the group day-care center is in a yard abutting residentially developed property, the play area shall be screened from said residentially developed area with a minimum of Type C screening.[1]
[1]
Editor's Note: See § 177-34D.
(3) 
For each application for a special use permit for a group day-care home and child day-care center, a written report of the Town's Manager of Traffic and Transportation as to the traffic circulation on the site and such other relevant information shall be provided the Town Plan and Zoning Commission prior to its hearing pursuant to § 177-42.
(4) 
Group day-care homes and child day-are centers which are operating as of the effective date of this section shall not be required to comply with the provisions of this Subsection A, should renewal of a special use permit be required to continue the existing use, provided that, upon expansion of the use and/or significant renovations to the facility, an amended special use permit application shall not be approved without compliance with the provisions of this subsection.
B. 
Family day-care homes shall be subject to the requirements of building and/or zoning permits and, in addition, shall register with the Town of West Hartford by forwarding annually to the Director of Health of the Town a copy of the state license required pursuant to C.G.S. § 19a-87b as amended.
[Amended 6-28-1994; 5-10-2005]
[Added 6-9-1987]
The Town Council of West Hartford has found and determined that:
A. 
The easy and convenient availability of certain types of firearms has increased the potential for firearm-related deaths and injuries from violent crimes, such as armed robbery and aggravated assault, as well as from accidents arising from the use of firearms;
B. 
The permissible inclusion of retail stores selling firearms in a neighborhood business district is inconsistent with the purposes and requirements of that district as described in § 177-3B(3) of the West Hartford Code because firearm stores do not provide convenience goods and services for the neighboring residential areas and because such stores cater to a market area substantially larger than the neighborhood the district is intended to serve;
C. 
The permissible inclusion of retail stores selling firearms as a permitted accessory use, rather than as a permitted main use, would be more consistent with the purposes and requirements of the Shopping Center District, the General Business District and the Central Business District; and
D. 
The public health, safety and welfare of its citizens will be protected by limitations of retail firearm stores to certain zoning districts.
[Added 11-14-1989; amended 6-27-2000]
Professional offices shall be allowed in RM/O and RCO Zones subject to the requirements of § 177-42A and the following additional provisions:
A. 
Professional services shall be limited to those permitted pursuant to the definition of "home occupation" in § 177-2 (which excludes walk-in medical/dental clinics).
B. 
In the RM/O Zones, professional offices may only be located on the first floor, and residential uses are required in upper floors.
C. 
Professional offices may be located on the first and upper floors in the RCO Zones.
D. 
Parking shall be provided as required in § 177-32, except that the Plan and Zoning Commission shall be empowered to permit a reduction in parking below the levels required pursuant to § 177-32 if such reduction will aid in maintaining the residential character of the property and will not result in an inadequacy of on-site parking for the uses proposed on the premises. In no event, however, shall parking in an RCO Zone be reduced below the number of spaces already in existence. The number of parking spaces provided in an RCO Zone shall not exceed the minimum number required pursuant to § 177-32. In order to maintain the residential character, the Plan and Zoning Commission may grant a waiver for the striping of parking spaces.
E. 
Except as provided in this section, the silhouette and/or facade of the building after conversion and the residential appearance of the building shall not be changed except as is necessitated for compliance with Building Code requirements, to adjust the front entrance to the building or to add a porch or other element giving shelter to persons waiting at the front entrance. The Town Plan and Zoning Commission shall evaluate whether the proposed changes to the silhouette and/or facade of the building or the proposed reconstruction will maintain the residential appearance and be in accordance with the purposes of the Residential/Multifamily-Office and Residential Character-Office Zones. The Commission's conditions authorized by § 177-42A(5) may include provisions to ensure that the converted building will be in harmony with its immediate neighbors and will otherwise satisfy the objectives of the Residential/Multifamily-Office and Residential-Character-Office Zones.
F. 
Side yard minimums may be reduced to 10 feet where necessary to permit a building to be granted a special use permit under this section, except in areas adjacent to single-family residence zones.
G. 
Site lighting shall be residential in character and in scale. Average illumination shall not exceed 1.0 footcandle in any rear yard parking area or side yard. Site lighting shall be turned off no later than 10:00 p.m. except for security lighting which is triggered temporarily by motion or sound. Site lighting design and intensity shall be regulated by the Town Plan and Zoning Commission pursuant to § 177-42A.
[Added 11-14-1989]
In addition to the requirements in § 177-6, to ensure that the purposes of the BND Zone are being served, any separately identifiable store in a Neighborhood Business Design District (BND) Zone shall not have more than 3,000 square feet of floor area devoted to sales and activities associated with sales, excluding only storage areas located on a separate story. Stores in which at least 75% of the floor area is devoted to sales of food or activities associated with the sale of food may have a maximum square footage of 4,500 square feet.
[Added 11-14-1989]
To encourage the use of the Neighborhood Business Design District and to meet the goals for that district outlined in the Plan of Development, the buildings in that district may be increased to a maximum height of three stories and 36 feet, and the maximum floor area ratio and lot coverage of all buildings may be increased to 1.25 and 40% upon application to the Town Council for a Special Development District pursuant to § 177-44 if the Town Council finds, in addition to the findings required pursuant to said § 177-44, that the purposes of the Neighborhood Business Design District included in said plan are satisfied, including:
A. 
The assemblage of smaller parcels into integrated designs that eliminate access/curb cuts and promote efficient traffic flow or the inclusion of shared parking arrangements.
B. 
The inclusion of architectural, landscape and pedestrian amenities harmonious with mixed residential living and neighborhood services.
C. 
The provision of parking as required in § 177-32.
[Added 11-14-1989; amended 7-8-2003; 11-14-2017]
A. 
The Town Council of West Hartford, through adoption of the Plan of Development, finds that areas zoned CBDH are characterized by physically and economically underutilized properties from the perspective of a suburban central business area and that these areas are also appropriate for residential development. It further finds that areas zoned CBDH are conducive to expanded building intensity use if the impact on the Town's infrastructure, traffic circulation and parking, residential neighborhoods and community facilities is addressed satisfactorily. Accordingly, the height of buildings may be increased to six stories, the maximum lot coverage of all buildings may be increased to that area remaining after provisions for yard requirements and parking are met (unless said parking and/or yard requirements are waived by the Town Council) and the floor area ratio may be increased to 4.00 upon application to the Town Council for a special development district, provided that the following criteria, in addition to the criteria of § 177-44, are met:
(1) 
The Town Council must find that adequate parking exists to meet the needs of the proposed development.
(2) 
The Town Council must find that adequate street capacity exists on Raymond Road and on adjacent streets to accommodate the traffic projected to result from any increased intensity of use above that allowed as of right.
(3) 
The Town Council must find that appropriate pedestrian amenities, such as but not limited to park benches and pedestrian walkways, are provided.
B. 
To encourage appropriate development in the BC Zone and in an effort to ensure that the district accommodates shopping, dining, leisure, work, housing and governmental services in an architecturally, economically and socially diverse and pedestrian-friendly environment that fosters a strong sense of community and meets the goals of the Town of West Hartford as outlined in the Plan of Conservation and Development, the Town Council may authorize the alterations of standards in the BC Zone for floor area and dwelling units, upon application to the Town Council for a Special Development District provided that criteria of § 177-44, as may be modified or supplemented by Subsection B(1), are met and the findings listed in Subsection B(2) are made:
(1) 
The following listed alterations of standards are available as set forth herein. These alterations are cumulative and may be combined in any qualifying development:
(a) 
Affordable housing developments:
[1] 
The number of those residential dwelling units in an affordable housing development which are designated as affordable shall be excluded in determining the maximum number of dwelling units permitted on a lot. In no case, however, shall the total of all dwelling units provided exceed 115% of that allowed in the district.
[2] 
The floor area of those residential dwelling units in an affordable housing development which are designated as affordable shall be excluded in determining maximum permitted floor area ratio.
(b) 
Historic preservation developments:
[1] 
Each square foot of floor area within a historic building or structure which is preserved shall be excluded in determining maximum permitted floor area ratio; provided, however, that such historic preservation development should reflect the scale and design of the existing historic building which is preserved and be of an architectural quality that is compatible and complimentary to the existing historic building.
(c) 
Infill developments:
[1] 
The floor area of the ground floor shall be excluded in determining maximum permitted floor area ratio.
(d) 
Public space:
[1] 
For each square foot of public space provided, two square feet of floor area shall be excluded in determining maximum permitted floor area ratio.
(e) 
Private parking garages:
[1] 
The floor area of any private parking garage providing dedicated parking spaces for the use of residential, retail or other commercial occupants of the lot and/or their invitees shall be excluded in determining maximum permitted floor area ratio. This exclusion shall only apply to a private parking garage which:
[a] 
Is fully enclosed by landscaping, architectural screening, active commercial and/or residential uses excepting those portions which provide vehicular and pedestrian access thereto; and
[b] 
Is located on the first story above finished grade and/or below finished grade.
(f) 
Public art:
[1] 
For each $1,000 of installed cost of public art, 10 square feet of floor area shall be excluded in determining maximum permitted floor area to a maximum exclusion of 1,500 square feet. In order to qualify for this exclusion, a report prepared by a qualified expert and documenting the installation costs and appraised value of the art shall be provided to the Town Council.
(2) 
The alterations of standards set forth in Subsection B(1) of this section shall be available provided that the following findings are made by the Town Council:
(a) 
That development is of a contextually sensitive design and appropriate scale, taking into account the height and setback requirements of adjoining properties in more restrictive zones.
(b) 
That adequate parking exists to meet the demand of the existing and proposed development.
(c) 
That the development is in harmony with the open feeling and presence of natural light within the public realm of the district.
(d) 
That adequate street capacity exists on adjacent streets to accommodate the traffic projected to result from any increased intensity of use above that allowed as of right.
(e) 
That appropriate bicycle and pedestrian amenities, such as but not limited to bicycle storage and/or parking, park benches and pedestrian walkways, are provided.
(3) 
The requirements of § 177-44.1 shall also be met with respect to properties located within the Traditional Neighborhood Design District, where applicable. To the extent that the incentives allowed pursuant to this Subsection B are inconsistent with the requirements of § 177-44.1 as applied to any lot located within the Traditional Neighborhood Design District, the requirements of § 177-44.1 shall prevail.
[Added 1-13-1998]
A. 
Preamble. This section is intended to regulate telecommunications facilities to the fullest extent permissible within the limits established by the Federal Telecommunications Act of 1996, Public Law 104-104 (the Act). Wherever possible, the terms of this section should be interpreted in a manner consistent with the Act, with any amendments to the Act which may be adopted hereafter and with any court or regulatory agency decisions interpreting the Act. This section shall not be construed to regulate or apply in any way to any use where such regulation or application would conflict with or be preempted by any provision of state or federal law. The uses defined, regulated or permitted pursuant to this section shall not be deemed to fall within any other category of use (whether defined or undefined) which is regulated by the Zoning Ordinances of the Town of West Hartford.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANCILLARY FACILITIES
Any equipment, cables, lines, cabinets, fences or other structures associated with the operation of an antenna and which are located on the same site as the antenna. Ancillary facilities shall not include supporting structures as defined elsewhere herein.
ANTENNA
A device, commonly in the form of a metal rod or plate, wire panel or dish, used to transmit or receive telecommunications signals. An antenna is typically mounted upon a supporting structure or upon a building, steeple, bell tower or other structure.
COLLOCATION
The placement of multiple antennas upon a single supporting structure by multiple telecommunications carriers.
DISGUISED ANTENNA
An antenna and any associated supporting structure regulated by this section which has been modified in shape, size, configuration or visual appearance through the use of architectural, engineering or other techniques in an effort to minimize its visibility when installed in a specific location. The Town Planner shall have the authority to determine whether any specific antenna and supporting structure has been modified sufficiently to meet the requirements of this definition.
FALL ZONE
A circular area the center of which is located at the base of a supporting structure and the radius of which is equal to the lesser of 1.25 times the height of the supporting structure and any antenna mounted thereupon; or 1.25 times the height of the longest portion of supporting structure and any antenna mounted thereupon which is separated by a point in the supporting structure which has been designed to break or shear before the entire supporting structure fails due to stress.
PROPRIETOR
The owner of the supporting structure upon which one or more antennas are mounted, regardless of who may be the owner of the antenna or the underlying property.
SUPPORTING STRUCTURE
Any tower, pole, mast or similar structure which is used to support a telecommunications antenna and which, when measured in conjunction with the telecommunications antenna which it supports, is more than 15 feet in height or extends the height of any existing building or other structure by more than 15 feet. Any antenna shall be deemed to be attached directly to the building or other structure when its height, in conjunction with the tower, pole or mast supporting it, is 15 feet or less. The term "supporting structure" shall not be construed to include any building, cupola, bell tower, steeple, water tank, water tower or lattice-type utility transmission line support tower which serves the secondary purpose of supporting telecommunications antennas.
TELECOMMUNICATIONS
The transmission between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS ACT
The federal Telecommunications Act of 1996, Public Law 104-104, as codified, and as may be amended from time to time.
TELECOMMUNICATIONS CARRIER
Any provider of telecommunications services, except that such term does not include aggregators of telecommunications services.
C. 
Application process.
(1) 
In recognition of the mandates of the Telecommunications Act, the installation and maintenance of telecommunications antennas and supporting structures or ancillary facilities by or for the benefit of telecommunications carriers shall be a permitted use in all zones subject to the following application requirements which shall apply unless preempted by state or federal law:
(a) 
The application requirements of this section shall be deemed to have been satisfied with respect to any antenna or supporting structure located on property owned by the Town of West Hartford and which has been approved by the Town Council as a result of a request for proposals.
(b) 
For purposes of this section, an antenna or supporting structure shall be deemed to be located in the most restrictive zone which is contained in its fall zone.
(c) 
In all zones the collocation of antennas onto existing supporting structures shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section.
(d) 
In BOL, BO, BN, BND, BS, BC and CDBH Zones, the installation of any antenna directly onto an existing building or other structure without the installation of a new supporting structure shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section, provided that such antenna does not extend more than 15 feet above the height of the existing building or other structure. Any antenna which extends more than 15 feet above the height of the existing building or other structure shall be subject to special use permit pursuant to § 177-42A and shall be subject to such additional requirements as may be found in this section.
(e) 
In all commercial and industrial zones, the installation of disguised antennas shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section.
(f) 
In all residential zones, installation of any disguised antenna directly onto an existing structure without the installation of a new supporting structure shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section.
(g) 
Except as provided in Subsection C(1)(c) and (f) above, the installation of any antenna in a residential zone shall be subject to special use permit pursuant to § 177-42A and shall be subject to such additional requirements as may be found in this section.
(h) 
In BG, IP, IE, IR and IG Zones, the installation of any antenna directly onto an existing building or other structure without the installation of a new supporting structure or the erection of any new supporting structure shall be subject to site plan review pursuant to § 177-42B and shall be subject to such additional requirements as may be found in this section. Except as provided in Subsections C(1)(d) and (e), in all other zones the installation of any antenna directly onto an existing building or other structure without the installation of a new supporting structure or the erection of any new supporting structure shall be subject to special use permit pursuant to § 177-42A and shall be subject to such additional requirements as may be found in this section.
(i) 
No antenna or supporting structure except a disguised antenna shall be permitted in any designated historic district, any designated historic site or any area designated by the State of Connecticut as a scenic area.
(2) 
Application requirements.
(a) 
All applications. In addition to those application requirements contained in § 177-42A or 177-42B of this Code of Ordinances (as applicable), the following requirements shall be met:
[1] 
The property owner, the proprietor and the telecommunications carrier whose antenna will be located on the site shall all be required coapplicants and shall all be bound by the conditions of any permit.
[2] 
If any proposed antenna regulated hereunder is intended to provide transmission/reception coverage beyond the borders of the Town of West Hartford, the municipality into which said signal is transmitted or from which a signal may be received shall be notified of the submission of the application by the applicant, which shall provide proof of such notification to the Town Planner.
[3] 
All applicants must submit copies of all environmental, financial or other impact studies associated with the proposed application which are in their possession at the time of application and must supplement those studies with any studies received prior to the close of the public hearing (if any).
[4] 
All applicants shall provide such information as may be required to establish that the combined emission/power levels for all antennas comply with FCC requirements at the nearest point to the antenna or supporting structure which may be accessible to the public, regardless of whether such access is permitted by the applicant or the property owner.
[5] 
All applicants shall establish compliance with the environmental assessment requirements contained in the Federal Communication Commission regulations located at 47 CFR, Part 1, Subpart I, §§ 1.1307 and 1.1308 (implementing the National Environmental Policy Act), as those regulations may be amended or renumbered from time to time, and shall provide copies of any environmental assessments produced in compliance with those sections.
(b) 
Applications for new supporting structures or increase in height of existing supporting structures. In addition to the requirements contained in Subsection C(2)(a) above and those application requirements contained in § 177-42A of this Code of Ordinances, the following requirements shall be met:
[1] 
The applicant shall provide notice of the application to all other telecommunications carriers licensed by the Federal Communications Commission to provide telecommunications services in West Hartford.
[2] 
The applicant shall provide a map showing the location of all antennas operated by the applicant which provide service to any portion of West Hartford and all antennas which the applicant intends to construct (to the extent known), together with the effective transmission/reception areas for each of those sites.
[3] 
The applicant shall provide such supporting documentation as is necessary to establish that the antenna and/or supporting structure is no taller than required to meet the applicant's technical needs or the requirements of this section.
[4] 
All supporting structures shall be designed to permit the collocation of no fewer than three sets of antennas. This provision may be waived by the Plan and Zoning Commission if such waiver would be in the best interest of the Town.
[5] 
The applicant shall establish that at least one telecommunications carrier has committed to installing or operating antennas upon the proposed supporting structure within 90 days after the supporting structure has been completed.
[6] 
All applications involving the erection of a new supporting structure or an increase in the height of an existing supporting structure shall be accompanied by a detailed plan showing:
[a] 
The fall zone surrounding the supporting structure and identifying all structures within said fall zone by use and by owner; and
[b] 
All supporting structures within 2,000 feet of the proposed supporting structure and all buildings within 2,000 feet of the proposed supporting structure the roof levels of which are not more than 25 feet lower than the supporting structure.
[7] 
In any case where an applicant proposes to erect a new supporting structure within 2,000 feet of an existing supporting structure or building of approximately equal elevation to the proposed supporting structure, the applicant shall be required to establish that collocation of the proposed antenna upon the existing supporting structure or installation onto said existing building is not a technically feasible alternative.
(3) 
Fees.
(a) 
In addition to the fees established elsewhere for site plan applications or special use permit applications, the applicant shall pay a fee equivalent to the cost borne by the Town to obtain an independent evaluation of the technical aspects of the application which are not within the expertise of Town staff. This fee shall be paid before any permit may be issued pursuant to section.
(b) 
A telecommunications carrier may submit a single application and a single application fee for antennas at multiple locations within West Hartford, provided that the applicant submits with the application an affidavit stating that the application encompasses all remaining antennas required by the applicant to provide service throughout the Town of West Hartford and that the applicant does not currently anticipate installing further antennas in West Hartford. In the event that this single application involves a combination of locations requiring both site plan approval and special use permit approval, the more stringent approval process and the greater application fee shall apply.
D. 
Conditions of approval.
(1) 
Collocation. Collocation of antennas onto existing supporting structures or at existing antenna sites is encouraged wherever feasible. In keeping with that policy, it shall be a condition of approval that the proprietor of any supporting structure permitted pursuant to this section must agree to permit the subsequent collocation of antennas upon its supporting structure wherever technically feasible, subject to the right of the proprietor to receive a reasonable fee for the use of its supporting structure. If any telecommunications carrier has been denied permission to collocate on a supporting structure permitted pursuant to this section, or if the proprietor of the supporting structure has been unreasonably dilatory in providing such permission, the Town Planner may issue civil fines of $150 per calendar day to the proprietor pursuant to C.G.S. § 8-12a, as that section may be amended from time to time, until such time as the proprietor issues permission to collocate upon its supporting structure, and may take such other enforcement action as is deemed reasonable and appropriate.
(2) 
Site protection and landscaping.
(a) 
All antennas, ancillary facilities and supporting structures (including the base of any guy wires used to stabilize a supporting structure) shall be secured from unauthorized access by fencing unless located in a manner which satisfies the Plan and Zoning Commission or the Town Planner, as appropriate, that such fencing is unnecessary. Power-generating equipment and other electrical equipment associated with any antenna shall be secured within locked cabinets or sheds and shall incorporate noise-reduction techniques designed to minimize the sound emanating from such equipment during its operation.
(b) 
All ancillary facilities and the base of all supporting structures shall be screened from view using Type C screening as defined at § 177-34D(3) unless the Plan and Zoning Commission shall determine that such screening is unnecessary or inappropriate in a particular case. Equipment sheds shall be designed to present a visual appearance consistent with the structures in the surrounding area.
(3) 
Maintenance of antennas, supporting structures, ancillary facilities and access routes.
(a) 
Prior to obtaining a permit to erect any approved antenna, ancillary facilities or supporting structure, the applicant shall provide the Town Planner with a detailed maintenance plan setting forth the schedule for anticipated maintenance and monitoring of the site, including the antennas, supporting structures, ancillary facilities, fencing, landscaping and all other site improvements. Such maintenance plan shall specifically address both structural/mechanical maintenance and electrical/electromagnetic maintenance so as to ensure that both the structures and the transmission/reception operations on the site continue to function safely and within all regulatory limits.
(b) 
In the event that the uppermost antennas mounted on any supporting structure are removed or lowered in height, any portion of the supporting structure remaining above the uppermost antennas shall be removed within 90 days unless the proprietor can establish that additional antennas shall be mounted thereupon within said ninety-day period. The administration may waive the requirements of this subsection upon a showing of technical need.
(4) 
There is hereby established a special revenue fund of the Town to be known as the "Tower Abandonment Fund." The revenues contained in this fund, including any interest which shall accrue thereto, be used exclusively for the purpose of funding the cost of dismantling and removing antennas, ancillary facilities and/or supporting structures which are unused or which have become dangerous by virtue of neglect if the proprietor of said antennas, ancillary facilities or supporting structure is unable to, or has refused to do so.
(a) 
Upon receipt of approval for the erection of any supporting structure, the applicant shall tender to the Town of West Hartford a statement setting forth the estimated cost of construction for the approved antennas, ancillary facilities and supporting structure, together with a payment equal to 5% of the estimated cost of construction. Said payment shall be deposited to the Tower Abandonment Fund.
(b) 
In the event that an antenna, ancillary facilities and/or supporting structure is dismantled and removed by and at the expense of the applicant or its successor, the amount of the original payment made to the Tower Abandonment Fund at the time of approval shall be returned to the applicant or its successor upon application therefor to the extent that sufficient funds remain in the Tower Abandonment Fund. No interest shall be paid thereupon, and no funds shall be returned in the event that the Tower Abandonment Fund has been depleted.
(c) 
In the event that an antenna, ancillary facilities and/or supporting structure is unused or has become dangerous by virtue of neglect, reasonable efforts shall be made to request the applicant to dismantle and remove said antenna, ancillary facilities and/or supporting structure.
(d) 
If the applicant cannot be found after reasonable efforts, is unable to or refuses to dismantle and remove said antenna, ancillary facilities and/or supporting structure, the Town Manager is authorized to take such action as is reasonable, necessary or appropriate to dismantle and remove said antenna, ancillary facilities and/or supporting structure and to charge the expenses associated therewith to the Tower Abandonment Fund. The Corporation Counsel is authorized to take such further legal action as may be necessary to obtain resolution for the Town's costs incurred in such dismantling and removal from the applicant or from any third parties who might otherwise be liable therefor to the extent that those costs exceed the applicant's original contribution to the Tower Abandonment Fund relative to the site in question.
[1]
Editor's Note: See also the Permit Structure for PCS Equipment located at the end of this chapter.
[Added 5-22-2007]
Veterinary facilities comprise a broad range of commercial activities ranging from the small animal practice of a single veterinarian to large hospital-like practices of multiple veterinarians. These facilities may devote their practices to small animal species or may also tend to large animal species which require unusual equipment or facilities. These varied business types may require on-site facilities for the keeping of animals for several days, either due to medical needs or as an accommodation to customers looking for the boarding of their pets. While veterinary facilities are all commercial uses which may have a broad range of impacts upon surrounding properties, it may also be appropriate that they be located near the residences where their customers live with their pets both for convenience and for the physical and emotional well-being of both pets and owners. For these reasons, and provided that the potential negative impacts associated with their presence are addressed adequately, veterinary facilities are permitted in residential zones subject to the requirement that a special use permit be obtained therefor in accord with the provisions of West Hartford Code of Ordinances § 177-42A and subject to the additional limitations set forth in this section. These additional requirements shall be construed as a threshold set of requirements and should not be construed in a manner which would otherwise restrict the discretion of the Plan and Zoning Commission pursuant to § 177-42A in any way.
A. 
Veterinary facilities located in residential zones shall maintain the residential character of the buildings in which they are located and should minimize the impact of associated signage by limiting the size and tone thereof.
B. 
Veterinary facilities located in residential zones should be located on principal arterial streets as established in the Plan of Conservation and Development as may be amended from time to time.
C. 
Outdoor pens or other outdoor exercise facilities for animals are not permitted at veterinary facilities located in residential zones.
D. 
Crematory facilities for the disposition of deceased animals are not permitted at veterinary facilities located in residential zones.
E. 
In residential zones, routine appointments shall be limited to the hours between 7:00 a.m. and 8:00 p.m. on Monday through Saturday. Emergency medical care and tending to the needs of animals by staff members shall be permitted outside these hours, provided that the applicant shall provide a detailed operational statement regarding its plans to offer emergency medical care and shall establish procedures for minimizing the impacts of such operations upon surrounding properties.
[Added 4-10-2014]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FLIGHT OPERATION
A combination of one landing and one takeoff by which a helicopter arrives at and departs from a heliport.
HELIPORT
A site at ground level for the landing and takeoff of manned helicopters (but excluding other forms of aircraft capable of vertical takeoffs or landings) which:
(1) 
Has been approved by the Connecticut Airport Authority as a heliport; and
(2) 
Meets the definition of a "prior permission required (PPR) heliport" as set forth in U.S. Department of Transportation, Federal Aviation Administration Advisory Circular No. 150/5390-2C, dated April 24, 2012, as amended or replaced from time to time. These facilities are commonly known as "restricted heliports" or "restricted landing areas."
B. 
Permitted use.
(1) 
One non-revenue-producing heliport, including any equipment necessary to permit safe operations, shall be permitted as an accessory use in any zone, subject to the requirements of West Hartford Code of Ordinances § 177-42A and the additional requirements set forth in this section.
(2) 
Heliports incorporating permanent taxiways and/or parking pads or which include maintenance, repair and/or fueling facilities shall only be permitted within industrial zones. This subsection shall not be construed to prohibit occasional refueling of a helicopter from a tanker truck or similar vehicle which is not routinely kept on site but any such refueling shall be conducted in accord with the requirements of subsection C(7) of this section.
(3) 
At the time notice is mailed to adjoining property owners pursuant to § 177-42A(2) of this chapter, the Commission shall also send such notice to all other owners of property within 500 feet of the property which is the subject of any application for approval of a heliport.
C. 
Specific requirements.
(1) 
The applicant shall submit plans certified by a qualified professional demonstrating that the heliport has been designed to comply with all standards for heliport design which are set forth in U.S. Department of Transportation, Federal Aviation Administration Advisory Circular No. 150/5390-2C, dated April 24, 2012, as amended or replaced from time to time. In recognition of the fact that compliance with those standards is not mandatory for PPR heliports, deviations therefrom may be permitted for good cause provided that such deviations are enumerated in the special use permit application and are identified on the plans.
(2) 
The applicant shall identify the design helicopter used to design the heliport. Aircraft exceeding maximum weight, maximum contact load/minimum contact area, overall length, rotor diameter, tail rotor arc radius, undercarriage dimensions or pilot's eye height of the design helicopter shall not be permitted to use the aircraft landing site.
(3) 
Operation of aircraft landing sites shall be limited to the hours between 8:00 a.m. and 8:00 p.m. and shall be limited to 18 flight operations per year. The operator of a heliport shall keep a log listing the date, time and purpose of all flight operations and shall provide the Town Planner with a copy of said log for the one-year period from the date when the first flight operation takes place and annually thereafter. In approving any specific aircraft landing site, the Plan and Zoning Commission may further limit the frequency of use and hours of operation as well as the type(s) or specifications of helicopters which may be used. In considering such limitations, the Commission is encouraged to approve only the minimum hours of operations and number of flight operations which are necessary to meet the actual needs of the applicant.
(4) 
Lights associated with operation of the heliport, including any illuminated windsock or wind cone, shall be lit only for so long as is reasonably necessary to permit the pilot to locate the heliport and complete the landing and/or takeoff operations.
(5) 
The outer boundary of the safety area surrounding the touchdown and liftoff area shall be located at least 150 feet from the nearest property line, including all equipment associated therewith.
(6) 
The applicant shall specifically state whether the heliport is intended to permit instrument operations. All equipment required to facilitate instrument operations shall be located within the boundaries of the property on which the heliport is located. All equipment or facilities associated with instrument operations shall be identified on the plans, including, but not limited to, lighting, radio direction finding (RDF), instrument landing system (ILS) or other navigational aids. Where backup power supplies are proposed, the location of such equipment shall also be identified. The Plan and Zoning Commission may limit or prohibit the installation of instrument operation equipment which will unreasonably impair the use or enjoyment of surrounding properties.
(7) 
At heliports where fueling facilities are permitted, such facilities shall be constructed, maintained and operated in accord with all provisions of law applicable thereto. In addition such facilities shall comply with all standards for aircraft fuel storage, handling, training and dispensing on airports which are set forth in U. S. Department of Transportation, Federal Aviation Administration Advisory Circular No. 150/5230-4B, dated September 28, 2012 (including those standards of the National Fire Prevention Association which are referenced therein), as amended or replaced from time to time.
D. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Emergency landings of aircraft required as a result of a pilot-declared distress or urgency condition.
(2) 
The landing and takeoff of passenger-carrying balloons, provided that takeoffs from a particular parcel of land shall be limited to no more than two days within a calendar year.
(3) 
Air medical helicopter landings and takeoffs for the purpose of emergency patient care.
(4) 
Landings and takeoffs by federal, state or local government officials or their authorized agents in the exercise of government responsibilities, including training.
E. 
Construction. Nothing in this section shall be construed to establish, validate or otherwise create air rights in or to any property. The approval of any special use permit pursuant to this section shall not be construed to limit, in any way, the subsequent development of surrounding property in any manner permitted under law.
[Added 6-24-2014]
A. 
Medical marijuana production facilities shall be allowed in IG Zones, subject to the requirements of § 177-42A and the following additional provisions:
(1) 
Production facilities shall not be permitted within 200 feet of any school, municipal park or recreational facility, place of worship, or single-family or multifamily residential zone. Said distance requirement shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.
(2) 
No production facility shall be permitted on a site that is within 1,000 feet from an existing production facility. Said distance requirement shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.
(3) 
Production facilities shall restrict external signage to a single sign no larger than 16 inches in height by 18 inches in width; not illuminate a production facility sign advertising a marijuana product at any time; not advertise marijuana brand names or utilize graphics related to marijuana on the exterior of the production facility or the building in which the production facility is located; and not display marijuana and paraphernalia so as to be clearly visible from the exterior of a production facility.
(4) 
Production facilities must comply with C.G.S. § 21a-408 et seq. and Regulations of Connecticut State Agencies §§ 21a-408-1 to 21a-408-70, inclusive, as said statutes and regulations may be amended from time to time.
B. 
Medical marijuana dispensary facilities shall be allowed in IG Zones, subject to the requirements of § 177-42A and the following additional provisions:
(1) 
Dispensary facilities shall not be permitted within 200 feet of any school, municipal park or recreational facility, place of worship, or single-family or multifamily residential zone. Said distance requirement shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.
(2) 
No dispensary facility shall be permitted on a site that is within 1,000 feet from an existing dispensary facility. Said distance requirement shall be measured by taking the nearest straight line between the respective lot boundaries of said sites.
(3) 
Dispensary facilities must comply with C.G.S. § 21a-408 et seq. and Regulations of Connecticut State Agencies §§ 21a-408-1 to 21a-408-70, inclusive, as said statutes and regulations may be amended from time to time.