PROPOSED ZONING REGULATION

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Feb 22, 2014 (3 years and 5 months ago)

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PROPOSED ZONING REGULATION

COMMENTS


STAFF REPORT

October
27,
2010

CITY OF WATERBURY

CITY PLANNING DEPARTMENT

26 KENDRICK AVENUE

WATERBURY, CONNECTICUT

1

2

LEGAL AD

3

CITY PLAN COMMISSION
REPORT

REGIONAL PLANNING COMMISSION REPORTS

4


MARTIN J. CONNER, AICP


RALPH
CORBO


SCOTT MEYERS


THOMAS HARMON


5

OTHER COMMENTS

6


CONSOLIDATED USE CATEGORIES


EVERY USE HAS A WRITTEN DEFINITION


TWO NEW DISTRICTS: CO & IL


SIGNIFICANT CHANGE TO THE CHARACTER OF TWO DISTRICTS: CG & RO


MIXED USES ALLOWED TO A GREATER EXTENT


DIFFERENTIATE BETWEEN A ZONING CERTIFICATE OF COMPLIANCE & A
ZONING PERMIT


ZBA ROLE LIMITED TO VARIANCES, APPEALS AND NONCONFORMITIES


SPECIAL EXCEPTIONS BY PLANNING COMMISSION


SPECIAL PERMITS BY ZONING COMMISSION


SHARED PARKING ALLOWED


PARKING REQUIREMENT REVISED PER
ITE

STUDIES


NO PARKING REQUIREMENT IN CBD


IMPROVED STORMWATER & EROSION SEDIMENTATION CONTROL
REGULATIONS


OUTDOOR LIGHTING STANDARDS INCLUDED

BROAD CONCEPTS

PAGE

SEC.

COMMENT

ACCESSORY STRUCTURES

40

4.08

Delete Accessory Apartments

41

4.08

Delete Accessory Apartments from Single Family Accessory


use list

50

4.08

Delete Accessory Apartments

PAGE

SEC.

COMMENT

ACCESSORY APARTMENTS


94


9.01.06

Need to add section about standards for accessory Structures.

7

PAGE

SEC.

COMMENT

ACTIVE ADULT / ZBA LIMITATION


134


10.03.03 ii

Remove reference to "shall not be varied by the ZBA"


147


10.09.03

Remove reference to "shall not be varied by the ZBA"


147


10.09.03 ii

Would exclude bars form CBD & CN. Won't work anywhere else



except big shopping centers. OK for Package Store only,




recommend eliminating Eating & Drinking establishments.


148


10.09.03 vi

Would exclude bars form CBD. Won't work.

PAGE

SEC.

COMMENT

ALCOHOL SALES ESTABLISHMENTS


22


2.02.02 71 h

Outdoor Advertising definition not reflected in sign section

PAGE

SEC.

COMMENT

OUTDOOR ADVERTISING / BILLBOARDS

8


44


4.08

add "picnic recreation areas ", "outdoor sports facilities".




"Outdoor firing ranges" 'Rod and gun clubs" to "Commercial



Outdoor Recreation"


152


10.13

Expand to reflect a broader definition of Commercial Outdoor



Recreation. Need standards for outdoor firing ranges.

94

9.01.07

Rewrite to exclude trailers and construction equipment. Also make it clear
that the vehicle can not remain on site for more that 30 continuous days.

PAGE

SEC.

COMMENT

COMMERCIAL OUTDOOR RECREATION

PAGE

SEC.

COMMENT

COMMERCIAL OUTDOOR RECREATION SPECIAL STANDARDS

PAGE

SEC.

COMMENT

COMMERCIAL VEHICLES IN RESIDENTIAL AREAS

9


106


9.03.06

Alternative parking section is confusing.

PAGE

SEC.

COMMENT

ALTERNATIVE PARKING


43 4.08

add "soup Kitchen" to eating and drinking establishments


124


9.06.04

add "a soil erosion and sediment control plan be submitted with



any application for development when the disturbed area of



such development is more than one
-
half acre“



124 9.06.04

Mention 2004 Connecticut Stormwater Quality Manual.



126


9.06.06

Reverse order of 9.06.06 and 9.06.07 to keep erosion controls


and 9.06.07

regs together

PAGE

SEC.

COMMENT

EATING AND DRINKING ESTABLISHMENTS

PAGE

SEC.

COMMENT

SOIL EROSION AND STORMWATER CONTROL

10

PAGE

SEC.

COMMENT

DEVELOPMENT STANDARDS

52

4.09

RM & RH frontage sideyard standards Inconsistent refer to page 63


52

4.09

Add footnote #1 to in RM, RH and RO frontage standard.
T
ext of Note


:"Greater of 60 feet or 25 feet per dwelling unit with direct access to the


exterior of the structure except as authorized by a special exception."


This would have effect of favoring apartment builds over sideways



townhouses on lots with limited frontages.


63

5.04.03

Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit


with direct access to the exterior of the structure except as authorized by


a special exception.“


63

5.04.03

Remove larger side yard for Group living Facilities.


66

5.05.03

Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit


with direct access to the exterior of the structure except as authorized by


a special exception.“


69 5.06.03

Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit


with direct access to the exterior of the structure except as authorized by


a special exception."

11

12

PAGE

SEC.

COMMENT

DEVELOPMENT STANDARDS 2

52

4.09

Establish Maximum Residential Densities for each District which allows


dwelling units.


13

PAGE

SEC.

COMMENT

DEVELOPMENT STANDARDS 3

78 6.04

Add a provision to require the ground floor to be commercial space and at


least 20% of the total
GFA

to be commercial space in the CG District.


70 6.01


Add a provision to require the ground floor to be commercial space and


at least 33%
of the total
GFA

to be commercial
space in the
CN

District.

10

2.02.02 4

Include "Substantial portion of Stock or trade" and "Substantial



portion of viewing time" which are existing Adult Establishments



Definitions


15

2.02.02

Replace family definition with "Family.
-

Any number of persons



related by blood, marriage or adoption living and cooking together as


a single housekeeping entity in the same dwelling unit or not more



than three (3) persons not related by blood or marriage living and



cooking together as a single housekeeping entity in the same dwelling


unit, as distinguished from a group occupying a boarding house,



rooming house, tourist home, club, fraternity, hotel or motel. “


15 2.02.02

Insert definition "Group living entity
-

Two or more persons sharing a


common dwelling unit who are placed in the dwelling unit by any



business, governmental agency, nongovernmental agency, club,



organization, congregation, entity or individual who does not reside



within the dwelling unit or any number of persons occupying group



living quarters."

PAGE

SEC.

COMMENT

DEFINITIONS 1

14

15

2.02.02

Insert definition " Group living quarters
-

A building, portion of a


building or dwelling unit used as a residence by a group of persons


who are not a housekeeping entity including boarding houses,


rooming houses, lodging houses, group homes, convalescent


homes, nursing homes, rest homes, dormitories, fraternity or


sorority houses, convents or nurses residences where the average


stay is greater than one week.“


16 2.02.02

Insert Definition "Housekeeping entity
-

A person or persons living


and cooking together and sharing a common dwelling unit who are


not placed in the dwelling unit by any business, governmental


agency, nongovernmental agency, school, university, club,



organization, congregation, entity or individual who does not reside


within the common dwelling unit. A housekeeping entity can


include up to two roomers or boarders who are not part of the


family provided each roomer or boarder is the sole occupant of a


distinct bedroom and an additional onsite parking space is provided


for each roomer or boarder."

PAGE

SEC.

COMMENT

DEFINITIONS 2

15

22

2.02.02 71 n


Add "not requiring a building permit" to definition of



temporary sign.


23

2.02.02 75



Does not mention ZBA Special exception Take out
-

not



needed


23 2.02.02 76


Take out Special permit definition
-

not needed

PAGE

SEC.

COMMENT

DEFINITIONS 3


31


4.05


Does not mention city exemption, Also exemption of stat and



federal property not clear, think this may have been intended for



DPUC and Siting Council authority

PAGE

SEC.

COMMENT

EXEMPT USES

16


143


10.06

It has been suggested to require a separation distance for group



living facilities. Suggest Only one GLF per block face. Need to



define "Block face" in Article 2

PAGE

SEC.

COMMENT

GROUP LIVING FACILITIES

PAGE

SEC.

COMMENT

HALFWAY HOUSES

PAGE

SEC.

COMMENT

LIGHTING STANDARDS


42


4.08

Halfway house definition to reflect "mandatory assignment of



residents by DOC related to the resident's incarceration"


114 9.04.05

write out "Illuminating Engineering Society of North America".


and

Require an Professional Engineers certification that requirement is



9.04.06

satisfied

17

PAGE

SEC.

COMMENT

LIVESTOCK AND POULTRY


49 4.08

need a definition of Livestock and Poultry" recommend it be



added to Article 2


144


10.08

Can be used for a large multistructure development and has



applicability for large obsolete structures


47


4.08

Add "engine overhaul" to Vehicle Service Facilities. Check



conformance with Statute citations

PAGE

SEC.

COMMENT

MIXED USE DEVELOPMENT

PAGE

SEC.

COMMENT

MOTOR VEHICLE FACILITIES

18

PAGE

SEC.

COMMENT

OTHER SPECIAL USES


174


10.23.01

Suggest reformatting to eliminate this section. Veterinary Services



and Crematories would become lines in the use table with the



same use structure as a PBR Service, a unique definition and a



unique section in Article 10. Junkyards would become an Article



10 subsection entitled "Hazardous Industrial operations"


94 9.01.06

Need to add section about outside storage in residential districts.



Firewood? Building materials? Refuse containers?


201


11.11

Special Exception for "Reasonable Accommodations due to




Disability"

PAGE

SEC.

COMMENT

OUTSIDE STORAGE

PAGE

SEC.

COMMENT

REASONABLE ACCOMMODATIONS

19

PAGE

SEC.

COMMENT

PARKING


99


9.03.03 vi

Clarify standard means "street line and parking areas“



99


9.03.03 ix

Add ''without significant modification to preexisting drainage



patterns" Refer to subsection 9.06.03



101


9.03.04

Replace parking space graphic



103


9.03.05

Rounding inconsistent with 1.04.01



103


9.03.05

Confirm every use in table has an entry in parking standards.



106 9.03.06

Alternative Parking section complicated and confusing, need to



simplfy
.


140


10.05.03 vi 1


minimum PCRD street width should be 24 feet

PAGE

SEC.

COMMENT

PLANNED RESIDENTIAL CONSERVATION DEVELOPMENT

20

EXISTING PARKING SPACE STANDARDS

21

PROPOSED PARKING SPACE STANDARDS

22

23

SIMPLIFIED ALTERNATIVE (SHARED) PARKING

24

SIMPLIFIED ALTERNATIVE (SHARED) PARKING 2

PAGE

SEC.

COMMENT

PUBLIC HEARING NOTICE EXEMPTION FOR ZONING COMM.


194 11.06.02

Replace first sentence with "This section shall not apply to any




amendment, supplement, change, modification or repeal of the




regulations, restrictions or boundaries established by this regulation



initiated by the Zoning Commission. Additional notice

of public hearings



concerning other actions shall be given in the following manner.“



194


11.06.03

Replace first sentence with "This section shall not apply to any




amendment, supplement, change, modification or repeal of the




regulations, restrictions or boundaries established by this regulation



initiated by the Zoning Commission nor to any regulation text




amendment. Notification by posting on the subject property shall be



provided in the following manner for public hearings concerning other



actions.“



205


11.12.11 viii

Insert “The Zoning Commission shall hold a public hearing on any




proposed change to the Zoning Regulations or Map in accordance with



CGS Section 8
-
7d. The provisions of Sections 11.06.02 and 11.06.03 shall



not apply to any amendment, supplement, change, modification or repeal



of the regulations, restrictions or boundaries established by this regulation



initiated by the Zoning Commission.”

25

PAGE

SEC.

COMMENT

RECREATIONAL USES


44


4.08

add "bowling alley", "laser tag" and "indoor Firing range: to



Recreational uses. Modify definition to reflect these activities are



conducted inside a structure.


94


9.01.06 ii

add the term "recreational Vehicle" this means campers and rv's



can not be stored outside in residential districts


132


10.02.02

Note EVERY duplex and other structure with attached units



requires a special permit.



133


10.02.02 iii 4

should read "except as otherwise approved as part of a Special



Exception" this will allow flexibility in large scale multifamily



projects.

PAGE

SEC.

COMMENT

TWO, THREE & MULTIFAMILY STRUCTURES

PAGE

SEC.

COMMENT

RECREATIONAL VEHICLES

26

PAGE

SEC.

COMMENT

USES PERMITTED BY SPECIAL EXCEPTION


33


4.07.03

Mention ZBA special exception for clarity


201


11.11.07 ii1 1

Section prohibits ZBA from granting Use Variances. Is that




desired.


35


4.08


Higher proportion of uses require Commission review



35


4.08


need to insert references to special use stands in many cases



35


4.08


Many SP & SE uses do not have "unique special use standards"



37


4.08


Industrial Services allows contractors yard & outside storage in IP



Districts

PAGE

SEC.

COMMENT

VARIANCES

PAGE

SEC.

COMMENT

USE TABLE

27

PAGE

SEC.

COMMENT

SIGNS


117


9.05.05 i

delete provision must comply with building code. It is not




necessary and creates confusion about who has enforcement



authority.



117


9.05.05 ii

this is the billboard regulation, suggest a separate subsection.



As it now reads billboards will be allowed as long as the signage



limits for the property as a whole meet the standards



119


9.05.05 vii

wind load is a building code issue, remove this standard

28

PAGE

SEC.

COMMENT

EXCAVATION


50


4.08


Need to refine definition of “Accessory Earth Excavation” to



assure it allows for significant site excavation for site




development. (i.e. East Main Street & 164 acre South Main



site.)


SEC.

COMMENT

REFORMAT SELECTED SECTIONS

ARTICLE 2

Alphabetize the definitions, do not organize by category, makes it



hard to find.


ARTICLES 5, 6 & 7

Remove use tables from district sections. Too much chance for



inconsistency. Better handled as an explanatory handout


ARTICLES 5, 6 & 7

Remove standards tables from district sections. Too much chance for


inconsistency. Better handled as an explanatory handout




4.08



Remove numbers from Use Categories and definitions in Use Table


PAGE

SEC.

COMMENT

MAXIMUM
-
MINIMUM INTERPRETATION


3


1.04.01

Confusing suggest deletion


3


1.04.02

Confusing suggest deletion

29

EXISTING DISTRICT SECTION

30

RECOMMENDED DISTRICT SECTION

31

PAGE

SEC.

COMMENT

TYPOGRAPHIC ERRORS


4


1.06.04 ii

Refers to incorrect section should be 11.11.07 iii



25


2.02.02 90

Refers to Figure TBD and or Appendix B. Neither exists.


b, c & d



133


10.02.02 iv

Correct Section reference. Should be 4.09





200


Article 11

Subsection Numbering needs to be corrected for sections 11.10;



11.11; & 11.12


201


11.11.07 ii

Incorrect Section Reference



Entire Document

Re verify all section references

32

33

GENERAL MAP CONCEPTS


District boundaries extend to centerline of streets and other boundary features as
of June 24, 2010


Map to be adjusted to reflect property lines, as districts follow property lines in
effect as of June 24, 2010


Five exceptions as shown: Thomaston Ave. split follows Hancock brook;
Chase/Perkins & East Main parcels split as shown; South Main Parcel buffer of 150
feet off boundary & Ellen Street buffer of 25 feet off property lines


Long narrow properties such as railroad property along a rail line will be treated in
the same manor as boundary features

34

35

THOMASTON AVE.

PERKINS ST. & CHASE AVE.

EAST MAIN ST.

SOUTH MAIN ST.

ELLEN ST. & LUCILLE ST.

36

MAP REQUEST 1

CHASE PKWY & WOOSTER ST

AS PROPOSED

RO


RESIDENTIAL OFFICE DISTRICT

REQUESTED

CO


COMMERCIAL OFFICE DISTRICT

37

MAP REQUEST 2

SOUTHMAYD

& EAST MAIN ST

AS PROPOSED

CG


GENERAL COMMERCIAL
DISTRICT

REQUESTED

CA


COMMERCIAL ARTERIAL
DISTRICT

38

COMPARISON OF DISTRICT
AREA

39

SPECIAL EXCEPTION USES
(CITY PLAN COMMISSION)

40

RESIDENTIAL USES BY SPECIAL PERMIT
(ZONING COMMISSION)

RESIDENTIAL USES BY ZONING PERMIT
(STAFF)

41

COMMERCIAL
USES BY SPECIAL
PERMIT
(ZONING COMMISSION)


42

COMMERCIAL USES BY ZONING PERMIT
(STAFF)

43

INDUSTRIAL USES BY SPECIAL PERMIT
(ZONING COMMISSION)

INDUSTRIAL USES BY ZONING PERMIT
(STAFF)

44

ACCESSORY USES BY
SPECIAL PERMIT
(ZONING COMMISSION)


ACCESSORY USES BY ZONING PERMIT
(STAFF)

45

Crematories



Add to Table


Junk
and Salvage
Yards

Move Standards to Hazardous Industrial




Operations


Veterinary Services


Add to Table


Wind
Energy Conversion

Revaluate need for this as a separate use

Systems


ZONING COMMISSION

Special
Permit for Parking
Reduction


ZONING BOARD OF APPEALS

Special Exception for an Expansion of a
Nonconfoming

Use

Special Exception for a Change of a
Nonconfoming

Use

Special Exception for Reasonable Accommodation

OTHER USES

OTHER APPROVALS