PROPOSED ZONING REGULATION

1
PROPOSED ZONING REGULATION COMMENTS

• STAFF REPORT
• October 27, 2010

CITY OF WATERBURY CITY PLANNING DEPARTMENT 26
KENDRICK AVENUE WATERBURY, CONNECTICUT
2
LEGAL AD
3
CITY PLAN COMMISSION REPORT
4
REGIONAL PLANNING COMMISSION REPORTS
5
OTHER COMMENTS

• MARTIN J. CONNER, AICP
• RALPH CORBO
• SCOTT MEYERS
• THOMAS HARMON

6
BROAD CONCEPTS

• 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

7
ACCESSORY STRUCTURES
COMMENT
SEC.
PAGE
94 9.01.06 Need to add section
about standards for accessory Structures.
ACCESSORY APARTMENTS
SEC.
COMMENT
PAGE
40 4.08 Delete Accessory Apartments 41 4.08 Delete
Accessory Apartments from Single Family
Accessory use list 50 4.08 Delete Accessory
Apartments
8
ACTIVE ADULT / ZBA LIMITATION
SEC.
COMMENT
PAGE
134 10.03.03 ii Remove
reference to "shall not be varied by the ZBA"
ALCOHOL SALES ESTABLISHMENTS
COMMENT
SEC.
PAGE
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.
OUTDOOR ADVERTISING / BILLBOARDS
COMMENT
PAGE
SEC.
22 2.02.02 71 h Outdoor
Advertising definition not reflected in sign
section
9
COMMERCIAL OUTDOOR RECREATION
COMMENT
SEC.
PAGE
44 4.08 add "picnic
recreation areas ", "outdoor sports facilities".
"Outdoor firing ranges" 'Rod and gun clubs"
to "Commercial Outdoor Recreation"
COMMERCIAL OUTDOOR RECREATION SPECIAL STANDARDS
SEC.
COMMENT
PAGE
152 10.13 Expand to reflect a
broader definition of Commercial Outdoor
Recreation. Need standards for outdoor firing
ranges.
COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
COMMENT
SEC.
PAGE
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.
10
ALTERNATIVE PARKING
SEC.
COMMENT
PAGE
106 9.03.06 Alternative parking
section is confusing.
EATING AND DRINKING ESTABLISHMENTS
SEC.
COMMENT
PAGE
43 4.08 add "soup
Kitchen" to eating and drinking establishments
SOIL EROSION AND STORMWATER CONTROL
COMMENT
PAGE
SEC.
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
11
DEVELOPMENT STANDARDS
PAGE
SEC.
COMMENT

• 4.09 RM RH frontage sideyard standards
  Inconsistent refer to page 63
• 4.09 Add footnote 1 to in RM, RH and RO
  frontage standard. Text 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.
• 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.
• 5.04.03 Remove larger side yard for Group
  living Facilities.
• 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."

12
DEVELOPMENT STANDARDS 2
PAGE
SEC.
COMMENT

• 4.09 Establish Maximum Residential
  Densities for each District which allows
  dwelling units.

13
DEVELOPMENT STANDARDS 3
PAGE
SEC.
COMMENT
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.
14
DEFINITIONS 1
PAGE
SEC.
COMMENT

• 2.02.02 4 Include "Substantial portion of
  Stock or trade" and "Substantial portion of
  viewing time" which are existing Adult
  Establishments Definitions
• 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."

15
DEFINITIONS 2
PAGE
SEC.
COMMENT

• 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."

16
DEFINITIONS 3
PAGE
SEC.
COMMENT

• 2.02.02 71 n Add "not requiring a building
  permit" to definition of temporary sign.
• 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

EXEMPT USES
PAGE
SEC.
COMMENT
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
17
GROUP LIVING FACILITIES
SEC.
COMMENT
PAGE
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
HALFWAY HOUSES
COMMENT
SEC.
PAGE
42 4.08 Halfway house
definition to reflect "mandatory assignment of
residents by DOC related to the resident's
incarceration"
LIGHTING STANDARDS
SEC.
COMMENT
PAGE
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
18
LIVESTOCK AND POULTRY
SEC.
COMMENT
PAGE
49 4.08 need a
definition of Livestock and Poultry" recommend
it be added to Article 2
MIXED USE DEVELOPMENT
SEC.
COMMENT
PAGE
144 10.08 Can be used for
a large multistructure development and has
applicability for large obsolete structures
MOTOR VEHICLE FACILITIES
COMMENT
PAGE
SEC.
47 4.08 Add "engine
overhaul" to Vehicle Service Facilities. Check
conformance with Statute citations
19
OTHER SPECIAL USES
SEC.
COMMENT
PAGE
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"
OUTSIDE STORAGE
COMMENT
SEC.
PAGE
94 9.01.06 Need to add
section about outside storage in residential
districts. Firewood? Building materials?
Refuse containers?
REASONABLE ACCOMMODATIONS
COMMENT
SEC.
PAGE
201 11.11 Special Exception
for "Reasonable Accommodations due to
Disability"
20
PARKING
SEC.
COMMENT
PAGE
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.
PLANNED RESIDENTIAL CONSERVATION DEVELOPMENT
COMMENT
SEC.
PAGE
140 10.05.03 vi 1 minimum PCRD
street width should be 24 feet
21
EXISTING PARKING SPACE STANDARDS
22
PROPOSED PARKING SPACE STANDARDS
23
SIMPLIFIED ALTERNATIVE (SHARED) PARKING
24
SIMPLIFIED ALTERNATIVE (SHARED) PARKING 2
25
PUBLIC HEARING NOTICE EXEMPTION FOR ZONING COMM.
COMMENT
PAGE
SEC.
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.
26
RECREATIONAL USES
SEC.
COMMENT
PAGE
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.
RECREATIONAL VEHICLES
SEC.
COMMENT
PAGE
94 9.01.06 ii add the term
"recreational Vehicle" this means campers and
rv's can not be stored outside in residential
districts
TWO, THREE MULTIFAMILY STRUCTURES
COMMENT
SEC.
PAGE
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.
27
USES PERMITTED BY SPECIAL EXCEPTION
SEC.
COMMENT
PAGE
33 4.07.03 Mention ZBA
special exception for clarity
VARIANCES
COMMENT
SEC.
PAGE
201 11.11.07 ii1 1 Section
prohibits ZBA from granting Use Variances. Is
that desired.
USE TABLE
SEC.
COMMENT
PAGE
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
28
SIGNS
SEC.
COMMENT
PAGE
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
EXCAVATION
COMMENT
PAGE
SEC.
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.)
29
REFORMAT SELECTED SECTIONS
SEC.
COMMENT
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
MAXIMUM-MINIMUM INTERPRETATION
COMMENT
PAGE
SEC.
3 1.04.01 Confusing
suggest deletion 3
1.04.02 Confusing suggest deletion
30
EXISTING DISTRICT SECTION
31
RECOMMENDED DISTRICT SECTION
32
TYPOGRAPHIC ERRORS
SEC.
COMMENT
PAGE
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
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
(No Transcript)
35
EAST MAIN ST.
THOMASTON AVE.
SOUTH MAIN ST.
PERKINS ST. CHASE AVE.
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
OTHER USES
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
OTHER APPROVALS
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