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Durham Zoning Regulations Documentation

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Durham Zoning Regulations Documentation DURHAM ZONING REGULATIONS AS AMENDED TO: July 1, 1982 March 10, 1995 October 27, 1983 March 24, 1995 July 14, 1985 July 1, 1995 May 1, 1986 June 5, 1996 May 16, 1987 July 10, 1996 June 3, 1987 February 1, 1997 June 18, 1987 May 1, 1997 October 2, 1987 August 6, 1997 January 24, 1988 November 26, 1997 July 23, 1988 February 11, 1998 November 9, 1988 March 25, 1998 January 1, 1989 March 15, 1999 December 5, 1989 April 26, 2000 June 4, 1990 November 1, 2000 July 1, 1990 February 1, 2001 July 12, 1990 November 1, 2001 September 27, 1990 July 1, 2002 January 1, 1991 January 1, 2003 April 15, 1991 June 1, 2003 May 6, 1991 September 1, 2003 June 1, 1992 November 5, 2003 July 24, 1992 January 1, 2004 May 20, 1993 September 1, 2004 November 1, 1994 February 1, 2005 DURHAM, CONNECTICUT ZONING REGULATIONS CONTENTS Section 01. Preamble 01.02. Aims Section 02. Definitions Section 03. Districts 03.02. Zoning Map & Zone Boundaries Section 04. General Requirements 04.01. 04.02. 04.03. Regulation Provisions 04.04. Reduction of Lot Areas 04.05. 04.06. Section 05. Residential Districts 05.01. Permitted Uses in Residential Districts 05.02. Clearance and Height 05.03. Accessory Buildings in Residential Districts 05.04. Minimum Living Space Requirements 05.05. Reserved 05.06. Two-Family and Multi-Family Dwelling Houses 05.07. Unregistered Vehicle Section 06. Commercial Districts 06.01. Permitted Uses in Commercial Districts 06.02. Schedule of Lot Sizes, Coverage and Yard Requirements 06.03. Purposes 06.04. Stipulations 06.05. On-Site Parking 06.06. Criteria 06.07. Other Requirements and Conditions 06.08. Additional Plans to be Submitted 06.09. Commencement of Construction 06.10. Change in the Approved Plan 06.11. Public Hearing 06.12. Accessory Dwelling Units in Commercial Buildings Section 07. Industrial Districts 07.01. Permitted Uses in Industrial Districts 07.02. Height, Area and Yard Requirements 07.03. Additional Requirements 07.04. Design DeveloDment District Section 08. Agriculture 08.01. Farms 08.02. Non-Commercial Agricultural Operations Section 09. Non-Conforming Uses 09.01. Non-Conformities, General 09.02. Non-Conforming Lots 09.03. Non-Conforming Uses 09.04. Relocation of Use 09.05. Change of Non-Conforming Use 09.06. Termination of Use 09.07. Reconstruction of Non-Conforming Use Section 10. Parking and Loading Space 10.01. Parking 10.02. Loading Space 10.03. Parking Area Buffering Section 11. Signs and Outdoor Advertising Structures 11.02. Permit Exception 11.03. Nullification 11.04. Fee Section 12. Special Regulations 12.01. Public Garages and Auto Service Stations 12.02. Protection of Intersections 12.03. Trailers 12.04. Home Occupations 12.05. Sand and Gravel Pits 12.06. Special Flood Hazard Area Regulations 12.07. Interior Lots 12.08. Aquifer Protection Zone 12.09. Erosion and Sediment Control Plan Regulations 12.10. Wireless Communication Towers, Antenna and Facilities 12.11. Ridgelines 12.12. Exterior Lighting 12.13. Fences Section 13. Enforcement 13.01. Administration 13.02. Zoning Permit/Certificate of Zoning Compliance 13.03. Site Plan Review 13.04. Penalties 13.05. Special Exceptions Section 14. Amendments Section 15. Board of Anneals Section 16. Separability Section 17. Effective Date Effective Date: 2/1/05 AN ORDINANCE CONCEENING THE ADOPTION OF A SCHEDULE OF FEES FOR THE PROCESSING OF LAND USE APPLICATIONS BE IT ENACTED: Pursuant To the provisions of Section 8-lc of the Connecticut General Statutes, there is hereby established the following schedule of fees for processing various land use applications. This schedule amends the schedule established in an ordinance adopted March 3, 1986. 1. General Schedule a. For an application to the Inland Wetlands and Watercourses Agency, $20.00; b. For an application to the Zoning Board of Appeals, $75.00; c. For an application seeking site plan approval or the granting of a special exception, $40.00, plus a sum to be computed by the Town Engineer, equal to three percent (3%) of the estimated cost of the public improvements required by the approving Commission or Board to be paid prior to the endorsement of the record map; d. For an application seeking a special permit for a multi-family complex, the minimum fee shall be $100.00 for each application and the maximum fee shall be $100.00 per dwelling unit, plus a sum, to be computed by the Town Engineer, equal to three percent (3%) of the estimated cost of the public improvements required by the approving Commission or Board to be paid prior to the endorsement of the record map; e. For an application seeking approval of a subdivision plan, the minimum fee shall be $100.00 for each application and the maximum fee shall be $100.00 for each lot within the planned subdivision, plus a sum, to be computed by the Town Engineer, equal to three percent (3%) of the estimated cost of the public improvements required by the approving Commission or Board to be paid prior to the endorsement of the record map; f. For any other application to the Planning and Zoning Commission except an application for a solid waste facility as described in Section 2, $40.00. 2. Application for Solid Waste Facility a. Definitions. For purposes of this Ordinance: "Person" means any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency or political or administrative subdivision of the state, or other legal entity of any kind. "Solid waste facility" means any solid waste disposal area, volume reduction plant, or resource recovery facility or biomedical waste treatment facility operated by any municipal or regional authority or any person if such area, plant or facility handles more than five tons a year of solid waste or any amount of biomedical waste. "Solid waste disposal area" means the location utilized for ultimate disposal of wastes. "Solid waste" means unwanted or discarded materials including solid, liquid, semisolid or contained gaseous material. "Volume reduction plant" means a plant designed primarily for the purpose of reducing the volume of solid waste which must finally be disposed of, including but not limited to incinerators, pulverizers, compactors, shredding and baling plants, transfer stations, and compost plants or other plants which accept and process refuse for recycling, reuse and resource recovery. "Resource recovery facility" means a facility utilizing processes aimed at reclaiming the material or energy values of solid waste. "Biomedical waste" means untreated solid waste generated during the administration of medical care or the performance of medical research involving humans or animals of which, because of its quantity, character of composition, has been determined by the Connecticut Department of Environmental Protection to require special handling, including infectious waste, pathological waste and chemotherapy waste, but excluding any solid waste which has been classified by the Connecticut Department of Environmental Protection as a hazardous waste pursuant to the Connecticut General Statutes, Section 22a-115 or is a radioactive material regulated pursuant to Connecticut General Statutes, Section 22a-148. "Biomedical waste treatment facility" means a solid waste facility capable of storing, treating or disposing of any amount of biomedical waste, excluding any facility where the only biomedical waste treated, stored or disposed of is biomedical waste generated at the site. b. Fee for Solid Waste Facility Application When an application is filed with the Planning and Zoning Commission seeking a zone change, zoning approval, special permit or exception and/or site plan approval for construction of a solid waste facihty, in addition to the application fee set forth in Paragraph 1 f. of this ordinance the applicant shall pay a minimum fee of $50,000.00 but not less than 1% of the estimated cost of construction of the solid waste facility including but not limited to all equipment therein and all site improvements thereon. The applicant shall provide upon the filing of the application as statement estimating the total cost of construction. Such estimate shall be subject to review by the Planning and Zoning Commission, its staff and agents. Payment shall be made to the Town of Durham in the form of a bank check or certified check. c. Use of Fee for Solid Waste Facility. Upon receipt of the application fee for the solid waste facility, the Planning and Zoning Commission shall obtain the services of consultants to help review and evaluate the application. Before hiring any consultants other than staff members of the Midstate Regional Planning Agency of Middletown, Connecticut, the Planning and Zoning shall: 1. Refer its written proposal regarding the consultants it proposes to hire to the Board of Selectmen for a report. Failure of the Board of Selectmen to report within ten days after the date of official submission of the proposal to it for a report shall be taken as approval of the proposal. In the case of disapproval of the proposal by the Board of Selectmen, the reasons for the disapproval shall be recorded and transmitted to the Planning and Zoning Commission. A proposal disapproved by the Board of Selectmen shall be adopted by the Planning and Zoning Commission only upon the favorable vote of not less than two-thirds of all members of the Planning and Zoning Commission. 2. Advise the applicant in writing of the consultants it proposed to hire; and give the applicant ten days from the date of notice to comment on the qualification of those consultants. Any decision of the Planning and Zoning Commission to hire a consultant or consultants will be final, regardless of the applicant's approval or disapproval. The consultants shall advise the Planning and Zoning Commission of the effects the proposed solid waste facility might reasonably be expected to have upon the health, safety and welfare of the people of Durham, including but not limited to the effects that the proposed facility might reasonably be expected to have upon the subject property and neighboring properties, natural resources, ground water, air quality, noise levels, volume of traffic and property values.
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