ARTICLE III DISTRICT USE REGULATIONS

SECTION 3.1 ONE FAMILY RESIDENTIAL DISTRICTS: R-A, R-30, R-18, R-1 2.5, R-1 0, R-7. 5 AND R-5

3.1.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings and uses in One Family Residential Districts.

3.1.1.1 One family detached dwelling, provided that the minimum required ground floor area shall be not less than 625 square feet and the minimum required total floor area shall not be less than 900 square feet.

(1) Family day care home as licensed by the State of Connecticut.

(2) Adult group day care home which houses four or fewer developmentally disabled persons and necessary staff as licensed by the State of Connecticut.

3.1.1.2 Earth Sheltered Dwellings: Subject to Site Plan Approval in accordance with ARTICLE VII, Earth Sheltered Dwellings shall be fully or mostly recessed with not more than two fully exposed sides excluding the roof (see definition).

Applicants electing to construct this type of single family residence shall include with their application, in addition to those requirements of Section 7.1, the following items:

(1) Investigation report prepared by a professional engineer (registered in Connecticut) regarding proposed site drainage and the highest seasonal elevation attained by the water table on the site.

(2) Design of the structure shall be certified by an architect/ professional engineer (registered in Connecticut) at the discretion of the Building Inspector.

(3) Applicants are, therefore, encouraged to discuss their design plans before applying to the Planning and Zoning Board for Site Plan Approval.

3.1.1.3 Temporary Trailers or Motorized Homes:

In the event that a single family residence is damaged by any means to an extent which would preclude continued occupancy as determined in writing (by either the Building Inspector or his designees, or the Fire Chief or the Fire Marshal), the owner or former occupants may place a trailer or motorized home on the site for a period not exceeding six months from the date the initial damage occurred which caused the residence to become uninhabitable.

Before being placed on the property, said trailer or motorized home shall require a Zoning Permit. Applicants for approval under this section shall further agree to:

(1) Locate the temporary trailer or motorized home in compliance with the required setbacks and flood hazard regulations as applicable.

(2) Receive electricity from the public utility company via a separate temporary electric service. Running the engine of a motorized home to recharge batteries to provide electricity for habitation of the motorized home is prohibited.

(3) Provide a means of temporary water supply/waste disposal acceptable to the Director of Public Health. The manner in which water is obtained and waste is disposed shall not cause a public nuisance.

3.1.1.4 Farms, as defined herein.

3.1.1.5 Truck Gardens, Nurseries or Garden Centers, subject to Site Plan Review in accordance with ARTICLE VII, herein, and subject to the following:

(1) Provided that only produce raised or grown on the premises is sold therefrom;

(2) The sale by a nursery or garden center of plants, flowers and shrubs started elsewhere, but sold from an enclosed greenhouse, shall be allowed;

(3) The lot size shall be not less than three (3) acres:

(4) The buffer strip of not less than thirty (30) feet in width shall be provided adjacent to a residential district.

3.1.1.6 Cluster Developments shall be permitted in R-A, R-30, R-18 and R-12.5 Residential Districts only in accordance with Section 5.9 herein.

3.1.1.7 Accessory Apartments: It is the intent of this section to preserve/maintain the character of existing single-family neighborhoods, but at the same time recognize that certain family members related by blood, marriage or legal adoption may need the support and close physical proximity of other family members, yet desire the ability to maintain their own semi-independent living space. For this reason, an accessory apartment is allowed under the following conditions:

A single-family dwelling may have a portion converted for use as an accessory apartment, which can include kitchen facilities. For purposes of this Regulation, the term converted shall mean either completely within an existing principal building or added to the already existing principal building. Both dwelling units shall be attached by a common wall, floor, ceiling with access through a common living space from the main house and cannot be attached by a breezeway, porch, deck or garage and must be contained as one building. No accessory apartment application shall be accepted unless the property is in compliance with all current lot requirements. Applicants must provide a current A-2 survey, and full floor plans and full elevation views of the entire structure.

Including the aforementioned, all Accessory Apartments shall conform to the following requirements:

(1) In no instance shall an accessory apartment have its own doorway on the front of the dwelling. Any existing doorway other than the main front door to the dwelling shall be removed if it provides exclusive ingress and egress to the accessory apartment. Any new means of ingress and egress if required will be provided at the rear of the house or accessory apartment.

(2) No single-family dwelling can contain more than 1 accessory apartment. Non-conforming lots with more than 1 single family dwelling are prohibited from having an accessory apartment in any structure.

(3) The dwelling shall be owner-occupied during the entire duration of the Permit.

(4) One portion of the dwelling is to be occupied by a person related by blood, marriage or legal adoption to one or more family members related by blood, marriage or legal adoption living in the other portion of the dwelling.

(5) The proposed accessory 800 square feet as measured from the exterior walls. Staircases providing exclusive access to the accessory apartment will be counted toward calculating the 800 Sq. ft. limit. Exterior patios, decks and porches without roofs will not be included toward calculating the 800 sq ft. limit.

(6) The accessory apartment shall be accessible to and from the main dwelling.

(7) The accessory apartment shall utilize the existing dwelling's driveway and utilities; i.e., electric, gas, water; and, if applicable, single mailbox. Separate utilities including but not limited to heating systems, electrical service, water service and gas service are prohibited.

(8) Kitchen facilities consist of individual units of refrigerator, stove and sink and associated cabinetry, counters, and the related electrical and plumbing hook-ups. All shall be removed when the permit expires and/or not renewed, or when the property is sold except as provided in 3.1.1.7 (13) below.

(9) No accessory apartment shall be utilized for income purposes.

(10) The Permit shall expire 3 years from the date the application is approved by the Planning and Zoning Office. The applicant may, at least 2 months prior to the three-year expiration date, apply to extend the previous approval for an additional 36-month period. Proof in a form acceptable to the Planning and Zoning Office will be provided by the applicant verifying the relationship of the family member occupying the apartment to the property owner residing in the house.

(11) If requested by the Planning and Zoning Office, The applicant will allow the dwelling to be inspected for compliance with these regulations.

(12) If the Permit expires or the property is to be sold before the 36-month termination date, the seller shall, at his or her expense, remove all kitchen facilities.

(13) If the property is to be sold before the permit issued pursuant to this section expires, the kitchen facilities may remain provided that the new owner(s) apply for and are granted a new permit for the accessory apartment pursuant to these regulations before occupancy commences.

(14) Any previously approved but non-conforming accessory apartment shall be removed upon the sale or transfer of property ownership, unless the dwelling and apartment are brought into compliance with these regulations.

(15) A numeric address of at least 5” in height must be affixed to the main dwelling. A separate numeric address for the accessory apartment is prohibited.

(16) Upon expiration and/or non-renewal of the permit, the property owner is required to notify the Planning and Zoning Office to inspect and certify removal of the accessory apartment.

(17) Application to the Zoning Board of Appeals to vary any part of 3.1.1.7 shall be prohibited.

(18) Accessory apartments greater than 800 sq. ft. are prohibited.

3.1.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may permit the following building and uses, subject to Special Permit, Special Exception (as specifically noted), and Site Plan Approval in accordance with ARTICLE VII, herein.

3.1.2.1 Boarding houses subject to the following conditions and safeguards:

(1) The owner shall reside therein.

(2) A Certificate of Zoning Compliance with all applicable provisions of the State and City Building, Housing, Health and Sanitation Codes and Ordinances shall be obtained from the proper official for each dwelling unit and rooming unit.

3.1.2.2 Group day care home or adult group day care home, as defined.

3.1.2.3 Public or Parochial Schools.

3.1.2.4 Private Non-Profit Schools.

3.1.2.5 Private non-profit or charitable organizations, subject to the following conditions and safeguards.

(1) The lot shall be at least three (3) acres.

(2) The lot shall be located on an arterial street or major collector.

(3) All buildings and parking areas, except those existing and approved for use under this section, shall be set back at least 50 feet from all street and lot lines.

(4) Only the principal building may have provisions for private kitchens, snack bars or similar accessory uses.

(5) Outdoor public address systems shall be prohibited.

(6) The site shall be suitably landscaped in accordance with Article V, Section 5.14. The Board may require a suitable buffer strip to minimize visual impact upon the surrounding residential area.

(7) Lot coverage of up to 50% may be allowed for these uses.

(8) Any retail activities shall be accessory to the principal purpose of the property.

3.1.2.6 Churches or religious institutions.

3.1.2.7 Public charitable institutions.

3.1.2.8 Public or private hospitals, subject to the following conditions and safeguards:

(1) The lot area for each eight patient beds shall not be less than the minimum required lot area of the applicable Zoning District.

(2) The lot shall have direct access from an arterial street.

3.1.2.9 Convalescent home, nursing home or rest home, subject to Special Exception and in accordance with Article VII, Section 7.3, herein.

3.1.2.10 Libraries or community centers.

3.1.2.11 Other public buildings.

3.1.2.12 Cemeteries.

3.1.2.13 Golf Courses.

3.1.2.14 Parks, playgrounds or other public facilities.

3.1.2.15 Beach Clubs, subject to the following conditions and safeguards:

(1) The lot area shall be at least two acres, except that the Board may permit lots of at least one acre where historic buildings exist and are found suitable for beach club purposes.

(2) The lot shall have a shorefront location on a navigable, tidal waterbody or watercourse and shall have a sufficiently large shorefront boundary to provide suitable bathing, boating or other water connected activity.

(3) All buildings, except those existing and approved for use under this section, shall be set back at least 50 feet from all street and lot lines and shall not cover more than 10 percent of the lot.

(4) Only the principal club building may have provisions for restaurants, snack bars or similar accessory uses.

(5) All sales of alcoholic liquor shall be prohibited.

(6) All recreational areas, excluding permissible water connected activities and golf courses shall be set back at least 30 feet from all street and lot lines.

(7) All parking areas shall be set back at least 30 feet from all street and lot lines and shall not occupy more than 25 percent of the lot.

(8) The club membership shall be limited by the number of parking spaces provided in accordance with Section 5.1; and the number of bath houses, lockers, cabanas or similar accessory structures designed to serve individuals shall be limited accordingly.

(9) No more than one single family dwelling may be located on any club site, provided, however, that the dwelling conforms to all the requirements of the zoning district in which it is located. Alternatively, one dwelling unit may be located in the club house for the use of the club manager or caretaker and his family.

(10) Outdoor public address systems shall be prohibited.

(11) The site shall be suitably landscaped in accordance with Article V, Section 5.14. The Board may also require a suitable buffer strip and fence as may be necessary to reasonably safeguard the public health, safety and welfare of the neighborhood.

3.1.2.16 Private boathouses, landings or docks, subject to the following conditions and safeguards:

(1) The number of boat slips, berths, moorings and similar spaces proposed shall be consistent with the Milford Harbor Management Plan as determined by the Milford Harbor Management Commission, the Milford Coastal Management Plan and the Connecticut Coastal Management Act, where applicable;

(2) The lot owner shall obtain all necessary State and Federal permits prior to constructing such boating facilities;

(3) Such boat facilities shall be designated for the exclusive use of the owner.

3.1.2.17 Public Utility Buildings or Facilities with completely enclosed service or storage areas.

3.1.2.18 Communication buildings, stations or towers subject to the following conditions and safeguards:

(1) The lot area shall not be less than five (5) acres.

(2) Any tower shall be set back from all street and lot lines by a distance equal to or greater than the height of such tower.

(3) Any other building, structure or parking area shall be set back at least 50 feet from all street and lot lines.

3.1.2.19 Removal of or filling with earth products in accordance with the provisions of Section 5.7 herein.

3.1.2.20 Conversion of an existing building to accommodate a use allowed in the zoning district in which said building is located, subject to the following conditions and safeguards:

(1) The building so converted shall conform, in all respects, to the use, lot and building, and supplementary regulations of the applicable zoning district.

(2) The building so converted shall comply with all applicable provisions of the State and City Building, Housing, Health, and Sanitation Codes and Ordinances, as approved by the proper official.

(3) The building so converted shall be placed in a reasonable state of repair and modernization.

3.1.2.21 Other related or equivalent principal buildings and uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.1.2.22 Accessory buildings and uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing principal uses shall be approved by the Board in the same manner as a permitted use, unless the Board requires a public hearing.

3.1.3 Accessory Uses: The following accessory uses shall be allowed:

3.1.3.1 A home occupation shall be a use customarily conducted for compensation, only by the occupant(s) of a single family residence.

3.1.3.2 A home occupation shall adhere to the following standards:

(1) The home occupation shall be conducted by the owner/occupant(s) of a single family dwelling entirely within the confines of the single family residential structure.

(2) There shall be not more than one non-resident employed.

(3) All work shall be confined to 50% of the cellar or 25% of the first floor of the dwelling.

(4) A home occupation shall utilize hand tools or appliances customarily found in a residential household.

(5) Raw materials shall be brought to the dwelling only by the owner/occupant.

(6) Product(s) that may result from the operation of a home occupation shall not be sold on the premises.

(7) No raw materials or finished goods shall be stored outside or within any detached accessory building.

(8) No site or external structural modification/change shall be permitted in order to accommodate a home occupation.

(9) Home occupation proprietors purporting to adhere to the above standards shall be required to provide written documentation satisfactory to the Zoning Enforcement Officer, whereupon the Zoning Enforcement Officer shall decide whether to issue a Certificate of Zoning Compliance.

3.1.3.3 Any home occupation which does not meet the standards of Section 3.1.3.2(1) - (9) may be permitted or permitted on a trial basis by the Board by Special Permit, the length of which shall be determined by the Board, provided that it is determined that:

(1) Excessive traffic shall not be generated, and

(2) The tranquility of the immediate area shall not be unduly disturbed, and

(3) The residential character of the site and principal single family structure is not altered.

3.1.3.4 Poultry coops and area subject to Site Plan approval in accordance with ARTICLE VII, herein, and the following conditions and safeguards:

(1) Poultry kept on any lot shall not exceed twenty birds, except when on a regularly operated farm, as defined herein.

(2) All poultry shall be fenced in so that the birds cannot pass or fly to another property.

(3) An annual review shall be conducted by the Planning and Zoning Board.

3.1.3.5 Pigeon or dove cotes subject to Site Plan review in accordance with ARTICLE VII, herein, and the following conditions and safeguards:

(1) Pigeons or doves kept on any residential lot shall not exceed 60 birds.

(2) Pigeons or doves shall be housed in a structure meeting the yard requirements of principal uses of Section 3.1.4.1.

(3) All pigeons shall be registered with a national pigeon organization by use of a seamless numbered leg band.

(4) All grain and food stored for the keeping of pigeons and doves shall be kept in vermin-proof containers.

(5) Up to 25 pigeons/doves shall be allowed to exercise for up to 3 hours after sunrise and/or 2 hours before sunset.

(6) An annual review shall be conducted by the Planning and Zoning Board.

3.1.3.6 Horses or ponies up to five in number may be kept on lots of one acre or more at the rate of one horse or pony per 2/3 acre, subject to Site Plan Approval in accordance with ARTICLE VII, herein. In addition, the keeping of such animals shall be in accordance with the following conditions and safeguards:

(1) No building for the housing of such animals shall be located closer than 50 feet from any lot line and 100 feet from a street.

(2) Adequate fencing to confine such animals as follows:

Figure 1: Fence Setback Requirements from Property Lines

for Horses and Ponies

Lot Size Front Yards Side Yards Rear Yards

Under 2 Acres 40' 25' 15'

Over 2 Acres 15' 25’ 15’

(3) Stable manure shall be kept in a covered watertight pit or chamber and shall be removed at least once a week during the period from May 1 to October 1 and during other months at intervals sufficiently frequent to maintain a sanitary condition satisfactory to the Director of Public Health.

3.1.3.7 Private garage with space for not more than one vehicle for each 2,000 square feet of lot area and not exceeding three spaces.

3.1.3.8 Except on a regularly operated farm as is defined herein, there shall not be more than one commercial type vehicle garaged and it shall not exceed 3/4 ton capacity. (Performing maintenance on vehicles regulated by this section shall be prohibited. Maintenance shall include, but will not be limited to vehicle washing, changing oil, changing tires, tuning engines, etc.).

3.1.3.9 One camp trailer or camper, as defined herein, except that occupancy of such vehicle is prohibited while located on any lot. No such vehicle shall be located in any front yard or within six feet of any lot line.

3.1.3.10 During regular school hours only, one school bus in current use for the transportation of Milford school children.

3.1.3.11 Off-street parking and loading in accordance with Section 5.1 herein.

3.1.3.12 Signs in accordance with Section 5.3 herein.

3.1.3.13 Other accessory uses clearly subordinate and customarily incidental to and located on the same lot with the principal use and that will not be hazardous to the public health, safety and welfare.

3.1.4 Lot and Building Requirements: Buildings and uses shall comply with all requirements of the applicable Zoning District in the Schedule of Lot and Building Requirements for One Family District in Section 3.1.4.1 herein.

3.1.4.1 Schedule of Lot and Building Requirements for One Family Residential Districts

Figure 2: Lot and Building Requirements for One Family Residential Districts

	Categories
	R-A	R-30	R-18	R-12.5	R-10	R-7.5	R-5
Minimum Requirements
Lot Area (Square Feet)	43,560	30,000	18,000	12,500	10,000	7,500	5,000
Lot Width (Feet)	150	125	100	80	70	60	50
Lot Depth (Feet)	150	135	125	100	100	85	70
Principal Uses
Front Yard (Feet)	50	50	40	30	25	20	*
Each Side Yard (Feet)	25	20	15	10	10	**	**
Rear Yard (Feet)	50	40	30	25	25	25	20
Ten feet or the actual front yard setback, whichever is greater; except that the minimum required front yard shall not be required to exceed 20 feet. *One side ten (10) feet; other side five (5) feet
Accessory Structures:
Side Yard (Feet)	15	15	10	4	4	4	4
Rear Yard (Feet)	10	10	10	5	5	5	5
Distance from dwelling unit = 8 ft. – all residential zones (Sec.4.1.1.4 – No accessory building shall be less than 8 feet from dwelling unit) Maximum Height = 15 ft. – all residential districts (Sec. 4.1.1.3. – No accessory building shall exceed 15 feet in height)
Maximum Permitted
Bldg. Height Stories	3	3	3	3	3	3	3
Feet (in height)	35	35	35	35	35	35	35
Bldg. Area as % of Lot	15%	20%	25%	30%	35%	40%	45%
Lot Coverage	25%	30%	40%	45%	50%	60%	65%

3.1.5 Prohibited Uses: The following uses shall be expressly prohibited.

3.1.5.1 No addition shall exceed 15' in height which connects to an existing principal use by a one-story open breezeway or lesser structure; nor shall the aforementioned breezeway or lesser structure exceed 12' in length; nor shall the sum total of each floor’s square footage (of the addition) exceed 50% of the first floor of the existing principal residence.

3.1.5.2 The use of an accessory building for residence purposes, except by persons employed by the occupant of the premises for the purpose of household and domestic management of the premises.

3.1.5.3 The parking or storing of commercial-type vehicles on residential property except as permitted in Section 3.1.3.8, above.

3.1.5.4 A driveway or similar vehicular easement, not including public streets, in or through a Residential District for access to an office, business or industrial use or zoning district.

3.1.5.5 No part of any required parking area shall be used for the storage of new or used vehicles for sale or hire, or for the storage of unregistered vehicles.

3.1.5.6 Home occupational uses such as a clinic, hospital, barber shop, beauty shop, tea room, tourist home, or animal hospital or any other similar use shall not be deemed to be a home occupation.

3.1.6 Planned Elderly Community for Persons Fifty-Five Years of Age or Older

3.1.6.1 In recognition of the unique and special needs of the elderly, this Section is intended to both promote housing choice and to encourage the development of housing alternatives and opportunities for the elderly residents of the City of Milford consistent with current developments in private elderly housing. It is further intended to provide a flexible and workable concept of community living, including the provision, within a single development, of a range of optional nutritional, recreational, housekeeping and health related services, as well as assistance with daily living activities designed to maintain a maximum level of independent living. This Section provides both standards and procedures for the development of a "Planned Elderly Community For Persons Fifty-Five Years of Age or Older" (also referred to in these Regulations as a "Planned Elderly Community"). It is recommended that the developer of a proposed Planned Elderly Community meet with the staff of the Planning and Zoning Office and with the Planning Subcommittee of the Planning and Zoning Board prior to the submission of an application to give the developer the opportunity to discuss these regulations informally and to ask any questions he or she may have in the interest of avoiding delays and excessive revisions after submission of a formal application.

3.1.6.2 A Planned Elderly Community shall be designed for and shall be occupied exclusively by persons fifty-five (55) years of age or older, but may include persons less than fifty-five years of age provided that person's spouse meets the minimum age requirement at the time of entry. In order to provide for the safety, health and general welfare of the residents, and a choice of independent, semi-independent and assisted living arrangements, a Planned Elderly Community may consist of a combination of residential housing types, including multifamily units and detached, cluster or attached single family units.

A Planned Elderly Community may offer the following services to its residents who may choose to use any or all of the services:

(1) Meal service for up to three (3) meals per day;

(2) Laundry service for personal laundry and linens;

(3) Transportation service for personal shopping, social and recreational events, health care appointments and similar needs or services;

(4) Housekeeping services;

(5) Maintenance service for residents, living units, including chore services for routine domestic tasks; and

(6) Community areas suitably equipped and laid out to address the social and recreational needs of the residents;

(7) Assisted living services as defined by the Connecticut Department of Public Health.

In addition to the foregoing services, a Planned Elderly Community may contain additional facilities or accessory uses to provide other services for the safety, health and general welfare and convenience of the residents.

3.1.6.3 Qualifying Standards: No tract of land shall be considered for a Planned Elderly Community unless it meets the following minimum standards:

(1) The tract shall be located in an R-A, R-30, R-18, CDD-2 or CDD-4 zoning district.

(2) The tract shall consist of a single lot or a number of contiguous lots to be merged under one ownership or control having a total area of not less than ten (10) acres in the R-A and R-30 and five (5) acres in the R-18, CDD-2 and CDD-4 districts.

(3) The tract shall have frontage on an arterial or major collector street as shown in the Plan of Conservation and Development, dated September 20, 2002.

3.1.6.4 Site Development Plan: In addition to the Site Plan elements set forth in Section 7.1.2 of these Regulations, the applications for Special Permit and Site Plan Approval for the establishment of a Planned Elderly Community, shall include a site development plan for the development of the entire tract. The purposes of the site development plan shall be: (i) to show the intent and arrangement of the proposed residential housing types and of the uses to be included in the Planned Elderly Community; (ii) the number, order and timing of development phases if the applicant proposes to develop the tract in phases; and, (iii) the applicant's qualifications to assure the successful completion of such development.

The following shall be required as part of the site development plan:

(1) A tabulation of proposed buildings and housing units by type, size (number of bedrooms, floor area), ground coverage, and a summary showing the percentages of the tract to be occupied by buildings, parking and other paved vehicular areas, and walkways, and open space, as well as an overall map showing same at a scale of no smaller than 1"=100' with an accompanying A-2 survey map of the entire tract.

(2) Descriptive material providing information in narrative form about the developer, the developer's experience in building elderly or multi-family housing, the name of the architect, engineer, and landscape architect, if any, and any other pertinent information the Board may request.

(3) Descriptive material providing information in narrative form about the types of services and facilities to be provided as part of the Planned Elderly Community. The site development plan should also include a description in narrative form of the developer's program to interrelate the facilities, services and uses, as well as a proposed marketing plan, i.e. will the dwelling units be sold, rented, etc.

(4) A general description of the tract in question and surrounding areas, describing the degree of compatibility of the proposed use with the existing neighborhood and roadway network.

(5) An evaluation of the probable impact of the proposed development on the services, facilities and environment of the City of Milford.

(6) A description of the transportation plan and a traffic impact study.

(7) A landscaping plan showing all grading, drainage, fences, walls, exterior lighting, signage, shrub and tree plantings, and other landscaping features.

3.1.6.5 Design Standards: The following standards shall apply to the design and development of a Planned Elderly Community.

(1) The maximum number and designation of all units by type shall be determined by allocating the total area of the tract of land in accordance with the following schedule:

(a) 1,000 square feet per one bedroom or efficiency unit; and

(b) 2,000 square feet per two-bedroom unit.

(2) The maximum building coverage shall be twenty five percent (25%); maximum lot coverage shall be sixty percent (60%).

(3) The minimum size of the living area of each type of unit shall be determined in accordance with the following schedule:

(a) Two-bedroom Units - 900 sq. ft. minimum;

(b) One-bedroom Units - 800 sq. ft. minimum;

(4) No building shall extend within less than fifty (50) feet of any street line, fifty (50) feet of any sideline and fifty (50) feet of any rear line. No free standing garage shall extend within less than fifty (50) feet of any street line.

(a) No building shall exceed three (3) stories or forty (40) feet in height.

(5) Parking spaces shall be provided in accordance with Section 5.1, Parking & Loading Regulations.

All parking spaces shall meet the requirements of Section 5.1 of these Regulations and shall not extend within fifteen (15) feet of any street line. Driveways for the exclusive use of a particular unit shall be deemed to be a parking space provided said private driveway shall be at least twenty five (25) feet in length.

(6) Signs shall be in accordance with Section 5.3, herein.

(7) All utilities shall be underground.

(8) Buildings shall be designed in such a manner that their physical dimensions, configuration, articulation and style shall be compatible with the lot and in harmony with the general character and appearance of the surrounding area and of the managed residential community. No residential building shall exceed a length of one hundred sixty (160) feet, and no exterior wall of such building shall exceed fifty (50) feet in length in an unbroken plane, without an offset of at least five (5) feet, unless design considerations, as determined by the Board, make this requirement impractical. Separate residential buildings may be connected by fully or partially enclosed links, containing community and ancillary services only. Such links shall not be considered when computing the maximum length of a residential building.

(9) Public sanitary sewers shall be required.

(10) A Planned Elderly Community shall include one or more community area or areas suitably designed and equipped to meet the social, interactional and leisure time needs of the residents of the Planned Elderly Community. The community area or areas shall total a minimum of twenty five (25) square feet per bedroom, and shall be conducive to activities such as conversational seating, quiet areas for reading, television viewing, table games and puzzles, and provide space for other recreational programs and social activities; but shall exclude areas such as kitchen facilities, administrative offices, storage and other areas typically not used by residents for social or recreational events.

(11) The Planned Elderly Community shall provide safe and adequate walkways for residents within the development. The applicant shall provide for adequate transportation services for the residents to provide access to necessary community services.

(12) The Planning and Zoning Board may approve the construction of a Planned Elderly Community in phases as proposed by the applicant.

(13) When adjacent to a residential zone district RA and R-30, there shall be a landscaped buffer of a minimum of 100 feet. When adjacent to all other residential zone districts, there shall be a landscaped buffer of a minimum of 20 feet or 10% of the lot width for side yards and lot depth for rear yards, whichever is greater.

SECTION 3.2 SINGLE FAMILY ATTACHED RESIDENTIAL DISTRICT: SFA-10

3.2.1 Permitted Uses Subject to Site Plan review and all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings and uses in Single Family Attached Residential Districts.

3.2.1.1 Any building or use permitted and regulated in One Family Residential Districts, Section 3.1 herein, with the exception of 3.1.6 Planned Elderly Community.

3.2.1.2 Single Family Attached Dwellings provided that:

(1) The structure shall contain a minimum of 800 square feet on the ground floor and each dwelling shall contain within it a minimum floor area as follows:

(2) Floor Areas:

a) Efficiency Bedroom Unit 425 square feet

b) One Bedroom Unit 575 square feet

c) Two Bedroom Unit 750 square feet

(3) Bedrooms: The Board shall determine which rooms shall be construed to be bedrooms.

(4) Utilities: No two family dwelling shall be approved by the Board unless each dwelling unit in such buildings is served by an approved public sanitary sewerage system or subsurface sewage disposal system.

(5) Driveways: Every driveway shall be located at least 2.5 feet from a side property line.

(6) Facades: A uniform texture and color shall be used for both units.

3.2.1.3 This regulation shall apply to subdivisions approved on or after January 1, 1975.

3.2.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may permit the following buildings and uses, subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII, herein.

3.2.2.1 Any building or use as provided and regulated in One Family Residential Districts, Section 3.1.2 herein.

3.2.2.2 Other related or equivalent principal buildings and uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.2.3 Accessory Uses: The following accessory uses shall be allowed.

3.2.3.1 A home business shall be defined as the principal or part-time activity pursuit conducted by the occupants of a residence for remuneration.

3.2.3.2 A home business shall adhere to the following standards:

(1) The home business shall be conducted by the owner occupants of a single family attached dwelling.

(2) All work shall be confined to 25% of the cellar or 25% of the first floor of the dwelling. Operations may, however, be conducted in any detached or attached garage which meets or exceeds the setback requirements for a principal structure in the applicable district.

(3) A home business shall utilize non-powered hand tools or appliances customarily found in a residential household.

(4) Raw materials shall be brought to the dwelling only by the owner occupant and/or the nonresident assistant.

(5) The product produced shall not be sold on the premises.

(6) No raw materials or finished goods shall be stored outside.

(7) Home business proprietors purporting to adhere to the above standards shall be required to provide written documentation satisfactory to the Zoning Enforcement Officer, where upon the Zoning Enforcement Officer shall decide whether to issue a Certificate of Zoning Compliance.

3.2.3.3 Signs: In accordance with Section 5.3 herein.

3.2.4 Lot and Building Requirements: Buildings and uses shall comply with all lot and building requirements of the applicable zoning district as set forth in this section

Figure 3: Lot and Building Requirements

for Single Family Attached Dwelling Districts

		SFA-10
3.2.4.1	Minimum Lot Requirements
		DOUBLE LOT		SINGLE LOT
	(1) Minimum Lot Area	10,000 sq ft		5,000 sq. ft
	(2) Lot Width (feet)	100 feet		50 feet
	(3) Lot Depth (feet)	100 feet		100 feet

3.2.4.2	Minimum Yard Requirements
	(1) Principal Uses:
	(a) Front Yard Setback	20 Feet		20 feet
	(b) Side Yard Setback	10 feet		10 feet
	(c) Common Side	0	Other side	5 feet
	(d) Rear Yard Setback	25 feet		25 feet
	(2) Accessory Buildings:
	(a) Side yards	4 feet
	(b) Rear Yard	5 feet

3.2.4.3	Building Requirements
	(1) Maximum Building Height:
	(a) Stories	3 stories
	(b) Feet	35 feet
	(2) Building area as % of lot	35 %
	(3) Lot Coverage	50 %

3.2.5 Prohibited Uses: Any building or use prohibited in Section 3.1.5 herein.

SECTION 3.3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS RMF-9 AND RMF-16

3.3.1 Permitted Uses: Subject to Site Plan review and all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings and uses in Multiple-Family Residential Districts.

3.3.1.1 Any building or use permitted in One-Family Residential Districts, Section 3.1 herein.

3.3.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings and uses, subject to Special Permit approval in accordance with ARTICLE VII, herein.

3.3.2.1 Any building or use as provided and regulated in One- Family Residential Districts, Section 3.1.2 herein.

3.3.2.2 Multiple-Family dwellings under one sponsorship or ownership, whether owned and operated under rental apartment, cooperative, or condominium arrangement subject to the following conditions and safeguards:

(1) Site Plan Requirement: A detailed landscaping plan in accordance with Article V Section 5.14 shall be required showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features.

(2) Exterior Lighting: Exterior lighting shall be provided by the applicant at all access points to street, parking areas, building entrances and elsewhere, where required for the safety of vehicular or pedestrian traffic.

(3) Street Access: No Multiple-Family dwelling shall be approved by the Board unless the lot has suitable access to an adequate collector or arterial street. No zoning permit shall be issued by the Zoning Enforcement Officer for any Multiple-Family dwelling until any required street improvements have been suitably guaranteed.

(4) Utilities: No Multiple-Family dwelling shall be approved by the Board unless each dwelling unit in such building is:

(a) Served by an approved public sanitary sewerage system; and

(b) Supplied with water from an adequate public water supply. No Certificate of Zoning Compliance shall be issued by the Zoning Enforcement Officer for any dwelling unit until such unit has been connected to said utilities.

(5) Improvement Standards: Plans and specifications for the construction and/or improvement of all streets, curbs and gutters, sidewalks, storm drainage facilities, sanitary sewerage facilities, water supply facilities, electric and telephone facilities, and other improvements shall comply with all applicable City and State laws, codes, ordinances, and regulations, and shall be submitted to the Board for approval.

(6) Ownership and Maintenance: All private streets, parking areas, sidewalks, utilities, recreation facilities, open space areas, and other private improvements, facilities and areas shall be owned, maintained and operated by the applicant, owner, association or corporation without expense to the City. Legal documentation, satisfactory to the City Attorney, shall be submitted assuring the ownership, maintenance, and operation of such private improvements, facilities, and areas. Suitable restrictive covenants, particularly with regard to the minimum open space requirements, shall be included in all legal conveyances. The entire lot area of a multiple-family development shall, at all times, be maintained in a safe, sanitary and presentable condition.

3.3.2.3 Other related or equivalent principal buildings and uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.3.3 Accessory Uses: The following accessory uses shall be allowed:

3.3.3.1 Buildings and uses accessory to the principal building and/or use, such as golf courses, tennis courts, swimming pools, recreation facilities and buildings, meeting halls, maintenance, storage and utility buildings, parking garage, but not necessarily limited to these uses, shall be permitted for multiple-family dwellings when provided as an integral part of the overall development.

3.3.3.2 Accessory buildings or uses incidental to allowable uses other than multiple-family dwellings as provided in Section 3.1.3, herein.

3.3.3.3 Off-Street Parking and Loading: In accordance with Section 5.1, herein. Parking areas shall be landscaped in accordance with Article V Section 5.14.

3.3.3.4 Signs: In accordance with Section 5.3, herein.

3.3.4 Lot and Building Requirements: Buildings and uses, exclusive of multiple-family dwellings, shall comply with the requirements of R-10 Residential Districts as set forth in the Schedule of Lot and Building Requirements, Section 3.1.4, herein. All multiple-family dwellings shall comply with all lot and building requirements as set forth hereinafter.

3.3.4.1 Minimum Lot Requirements:

RMF-9 RMF-16

(1) Lot Area: 2 acres 43,560 sq.ft.

(2) Lot Area per dwelling unit:

(a) Efficiency bedroom units 3,600 sq.ft. 2,000 sq.ft.

(b) One-Bedroom unit 4,800 sq.ft. 2,700 sq.ft.

(d) Three-Bedroom unit 14,400 sq.ft. 8,100 sq.ft.

(e) The Board shall determine which rooms may be constructed to be bedrooms.

(3) Lot Width: 150 feet 150 feet

(4) Lot Depth: 150 feet 150 feet

3.3.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses: Minimum Front Yard shall be equal to the height of the wall of the building adjacent to said yard, but not less than 25 feet; side & rear yards, 25 feet.

(2) Accessory Uses: 25 feet, except community buildings, swimming pools, or similar recreation facilities, 50 feet.

(3) Usable Open Space Per Dwelling Unit:

RMF-9 RMF-16

(a) Efficiency bedroom unit 500 sq. ft. 300 sq. ft.

(b) One bedroom unit 700 sq. ft. 400 sq. ft.

(d) Three bedroom unit 2,100 sq. ft. 1,200 sq. ft.

(e) The open space shall be in one contiguous piece or in sections of not less than 3,000 square feet and 50 feet in its least dimension.

(f) Open space shall be properly laid out, graded, landscaped and suitably maintained and equipped for recreational purposes, as determined by the Board and in accordance with Article V, Section 5.14 herein.

3.3.4.3 Building Requirements:

(1) Design: There shall be no less than eight dwelling units per site complex. In addition, there shall be no less than three (3) units in any building. A completely enclosed storage area shall be provided for each dwelling unit, but it shall not be computed as part of the minimum required floor area for such dwelling unit.

(2) Length: No building shall exceed 160 feet in its greatest dimension, unless physical design considerations related to site conditions make this requirement impractical, as determined by the Board.

(3) Height: Not to exceed 3 stories excluding basement, nor 35 feet.

(4) Spacing: The space between any buildings, principal or accessory, located on the same lot shall be not less than one-half the sum of the heights of the affected buildings; accessory parking structures designed in conjunction with a principal building shall be excluded from this requirement.

(5) Lot Coverage: RMF-9: 30% maximum

RMF-16: 50% maximum

(6) Minimum Floor Area Contained Within Each Dwelling Unit

(a) Efficiency bedroom unit 425 sq. ft.

(b) One bedroom unit 575 sq. ft.

(d) Three bedroom unit 925 sq. ft.

(e) Not more than 50% of the total floor area of any dwelling unit shall be located in a basement.

(7) Mixed Building Types: Notwithstanding any other provisions of this section, all standards of the RMF-16 zone, including lot area per dwelling unit, shall apply to the units within all buildings.

(8) In RMF-9 Districts, all parking except that provided for visitors shall be under cover.

3.3.5 Prohibited Uses:

Any building or use prohibited in Section 3.1.5, herein

SECTION 3.4 RESIDENTIAL OFFICE DISTRICT: RO

3.4.1 Permitted Uses: Subject to all other applicable provisions and limitation of these Regulations, the Board shall permit the following buildings and uses in Residential Office Districts.

3.4.1.1 Any building or use permitted in One-Family Residential Districts, Section 3.1 herein, with the exception of 3.1.6 Planned Elderly Community.

3.4.1.2 Subject to Site Plan review in accordance with Section 3.4.1.3 and Section 7.1 herein, offices for business, financial, professional or personal services or other similar offices, but excluding funeral homes and music and dance studios.

3.4.1.3 Mixed use buildings containing allowable offices and dwelling units, subject to the following conditions and safeguards:

(1) Such buildings and uses shall be subject to Site Plan review in accordance with 3.4.1.4 and Section 7.1, herein.

(2) No mixed use building shall have more than 50% of the total gross floor area devoted to residential use nor shall the maximum number of efficiency units be greater than two (2).

(3) Each dwelling unit shall comply with the following minimum floor area requirements:

(a) Efficiency bedroom unit: 425 square feet

(b) One bedroom unit: 575 square feet

(d) Three or more bedroom unit: 925 square feet

plus 175 square feet for each additional bedroom over three (3).

3.4.1.4 Use Conditions: All office and mixed use buildings shall be subject to the following additional conditions and safeguards.

(1) Site Plan Requirement: Any application for new buildings or structural alterations shall be accompanied by building plans, floor plans and elevations prepared by a Registered Architect and/or Professional Engineer and by a detailed landscaping plan showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features. Landscaping shall be in accordance with Article V, Section 5.14.

(2) Exterior Lighting: Only exterior lighting of a type, nature and intensity approved by the Board shall be permitted on the premises. Permitted exterior lighting shall be provided by the applicant only at locations deemed necessary for public safety as determined by the Board.

(3) Street Access: No office use shall be approved by the Board unless the lot has suitable access to an adequate collector or arterial street.

3.4.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may permit the following buildings or uses, subject to Special Permit and Site Plan review in accordance with Section 3.4.1.4 and Section 7.1, herein.

3.4.2.1 Any building or use as provided and regulated in One-Family Residential Districts, Section 3.1.2, herein with the exception of 3.1.6 Planned Elderly Community.

3.4.2.2 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.4.3 Accessory Uses: The following accessory uses shall be allowed:

3.4.3.1 Any accessory building or use in conjunction with principal uses as provided in One-Family Residential District, Section 3.1.1 and 3.1.2 herein, except those listed in Section 3.1.2.2, boarding houses.

3.4.3.2 Accessory storage in conjunction with an allowable office use, of merchandise, materials and supplies within completely enclosed buildings.

3.4.3.3 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the lot with the principal use.

3.4.3.4 Off-Street Parking and Loading: In accordance with Section 5.1, herein; except that off-street parking, loading and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any office use, notwithstanding the applicable provisions of Section 5.1.4, herein. Parking areas shall be planted in accordance with Article V, Section 5.14.

3.4.3.5 Signs: In accordance with Section 5.3, herein.

3.4.4 Lot and Building Requirements: Building and uses shall comply with all lot and building requirements as set forth hereinafter.

3.4.4.1 Minimum Lot Requirements:

(1) Lot Area: 10,000 square feet

(2) Lot Width: 70 feet

(3) Lot Depth: 100 feet

3.4.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses:

(a) Front Yard: 20 feet

(b) Side Yard: 10 feet

(2) Accessory Buildings:

(a) Side Yard: 4 feet

(b) Rear Yard: 5 feet

(3) Accessory Uses: Front yards for parking and loading areas shall not be less than 20 feet.

(4) Usable Open Space per Dwelling Unit:

(a) Efficiency bedroom unit: 300 square feet

(b) One bedroom unit: 500 square feet

(d) Three bedroom unit: 1,500 square feet plus 500 square feet for each additional bedroom over three (3).

(d) Three bedroom unit: 1,500 square feet

(e) The open space so set aside for any mixed use building shall be properly laid out, graded, and suitably landscaped according to Article V Section 5.14 herein

(5) Buffer Strip: At least 10 feet adjacent to any other Residential District. Such buffer strips shall be planted in accordance with Article V, Section 5.14. The Board may substitute appropriate fencing of suitable type and height which shall be installed and maintained by the applicant to effectively screen the use from adjoining Residential Districts.

3.4.4.3 Building Requirements:

(1) Design: Office and mixed use buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Office and mixed use buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed three (3) stories or 35 feet in height.

(4) Building Area: A maximum of 35 percent.

(5) Lot Coverage: A maximum of 70 percent.

3.4.5 Prohibited Uses: Any building or use prohibited in Single Family Residential Districts, Section 3.1.5, herein.

3.4.5.1 No merchandise, material, supplies, or other products shall be manufactured, fabricated, processed or assembled on the premises of any office or mixed use.

SECTION 3.5 OFFICE DISTRICT: OD

3.5.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings and uses in Office Districts.

3.5.1.1 Any building or use permitted in One-Family Residential Districts, Section 3.1 herein, with the exception of 3.1.6 Planned Elderly Community.

3.5.1.2 Subject to Site Plan Approval in accordance with Section 3.5.1.5 and ARTICLE VII herein, offices for executive, professional or administrative purposes.

3.5.1.3 Subject to Site Plan Approval in accordance with Section 3.5.1.5 and ARTICLE VII, herein, computer centers housing data processing, accounting or similar types of equipment or business machines and related facilities, equipment and machines.

3.5.1.4 Subject to Site Plan Approval in accordance with Section 3.5.1.5 and ARTICLE VII, herein, motels, hotels or extended stay hotels.

3.5.1.5 Use Conditions: All of the above Permitted Uses shall be subject to the following conditions and safeguards:

(1) Site Plan Requirements: A detailed landscaping plan shall be required showing all grading, drainage, fences, walls, shrub and tree plantings and other landscaping features. Landscaping shall be in accordance with Article V, Section 5.14.

(2) Exterior Lighting: Exterior lighting shall be provided by the applicant at all access points to streets, parking areas, building entrances and elsewhere, where required for safety of vehicular or pedestrian traffic.

(3) Street Access: No office use shall be approved by the Board unless the lot has suitable access to an adequate collector or arterial street.

(4) Utilities: No office use shall be approved by the Board unless the building is:

(a) Served by an adequate public sanitary sewerage system, community subsurface sewage disposal system, or private, individual sewage disposal facilities approved by the Director of Public Health; and

(b) Supplied with water from an adequate public water supply, community water supply, or private individual wells and approved by the Director of Public Health.

3.5.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses, subject to Special Permit and Site Plan Approval in accordance with Section 3.5.1.5 and ARTICLE VII, herein.

3.5.2.1 Any building or use as provided and regulated in One-Family Residential Districts, Section 3.1.2, herein with the exception of 3.1.6 Planned Elderly Community.

3.5.2.2 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.5.3 Accessory Uses: The following accessory uses shall be allowed:

3.5.3.1 Any accessory building or use in conjunction with principal uses as provided in One-Family Residential Districts, Section 3.1.3, herein.

3.5.3.2 Accessory storage of merchandise, materials or supplies within completely enclosed buildings, in conjunction with the allowable uses, of merchandise, materials or supplies.

3.5.3.3 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.5.3.4 Off-Street Parking and Loading: In accordance with Section 5.1, herein; except that off-street parking, loading and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any office use, notwithstanding the applicable provisions of Section 5.1.4, herein. Landscaping shall be in accordance with Article V, Section 5.14.

3.5.3.5 Signs: In accordance with Section 5.3, herein.

3.5.4 Lot and Building Requirements: Buildings and uses shall comply with all lot and building requirements set forth hereinafter.

3.5.4.1 Minimum Lot Requirements:

(1) Lot Area: 2 acres

(2) Lot Width: 180 feet

(3) Lot Depth: 180 feet

3.5.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses:

(a) Front Yard: 50 feet

(b) Side Yard: 25 feet or 50 feet contiguous to any Residential District

(2) Accessory Uses: Front, side and rear yards for all accessory uses, exclusive of signs, shall not be less than the principal use yard requirements.

(3) Open Space: At least 50 percent of the actual lot area shall be suitably landscaped and/or left in its natural state in accordance with Article V, Section 5.14.

3.5.4.3 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: No building shall exceed 160 feet in its greatest dimension, unless physical site conditions make this requirement impractical or unreasonable, as determined by the Board.

(3) Height: No building or structure shall exceed 35 feet in height.

(5) Floor Area Ratio: A maximum of 0.3 FAR, exclusive of accessory parking garages and structures.

3.5.5 Prohibited Uses: Any building or use prohibited in One-Family Residential Districts, Section 3.1.5, herein.

3.5.5.1 No merchandise, material, or supplies or other products shall be manufactured, fabricated, processed or assembled on the premises of any office or computer center.

3.5.5.2 No land shall be subdivided for residential purposes.

SECTION 3.6 DESIGN OFFICE DISTRICTS: DO-10 AND DO-25

3.6.1 Permitted Uses: Subject to Site Plan review and to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings or uses in Design Office Districts.

3.6.1.1 Subject to Site Plan Approval in accordance with ARTICLE VII herein, offices for executive, professional or administrative purposes.

3.6.1.2 Subject to Site Plan Approval in accordance with ARTICLE VII, herein, computer centers housing data processing, accounting or similar types of equipment or business machines and related facilities, equipment and machines.

3.6.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses, subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII, herein. Such Special Permit may be for a group of uses within a Design Office Park or may be individual uses, both of which must comply with all regulations herein.

3.6.2.1 Scientific or research laboratories devoted to research, design, and/or experimentation.

3.6.2.2 Farms, as defined herein.

3.6.2.3 Truck Gardens, Nurseries or Garden Centers, subject to Site Plan Review in accordance with ARTICLE VII, herein, and subject to the following:

(1) Provided that only produce raised or grown on the premises is sold there from;

(2) The sale by a nursery or garden center of plants, flowers and shrubs started elsewhere, but sold from an enclosed greenhouse, shall be allowed;

(3) The lot size shall be not less than three (3) acres:

(4) The buffer strip of not less than thirty (30) feet in width shall be provided adjacent to a residential district.

3.6.2.4 Hotels or motels containing a minimum of one hundred (100) rooming units subject to the following conditions:

(1) The hotel or motel shall be part of a mixed use development within the parcel and shall not be permitted prior to the construction of at least 100,000 square feet of office development on the parcel.

(2) Rooming Units: Each rooming unit shall have a minimum floor area of 250 square feet and shall contain private bathing, lavatory and flush toilet facilities.

(3) Common Floor Area: There shall be provided lobby and common floor area, excluding hallways, equal to at least 5% of the total floor area of all rooming units, but not less than 300 square feet.

(4) Site Plan Requirements: Any application for new buildings or structural alterations shall be accompanied by building plans, floor plans and elevations and by a detailed landscaping plan showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features.

(5) Utilities: No hotel or motel shall be approved by the Board unless the building is served by an approved public sanitary sewerage system.

(6) Minimum Lot Requirements: Lot Area per rooming unit: 1,100 square feet.

(7) Minimum Yard and Open Space Requirements: The minimum yard and open space requirements shall be those for the DO-10 and DO-25 districts.

3.6.2.5 Extended stay hotels.

3.6.2.6 Use Conditions: All of the above Special Uses shall be subject to the following additional conditions and safeguards:

(1) Site Plan Requirements: Any application for new buildings or structural alterations shall be accompanied by building plans, floor plans and elevations prepared by a Registered Architect and/or Professional Engineer and by a detailed landscaping plan showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features.

(3) Street Access: No use shall be approved by the Board unless the lot and/or subdivision has suitable access to an adequate major collector or arterial street.

(4) Utilities: No use shall be approved by the Board unless the building is:

(b) Supplied with water from an adequate public water supply, community water supply or private, individual wells approved by the Director of Public Health.

3.6.2.7 Other related or equivalent principal buildings and uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.6.3 Accessory Uses: The following accessory uses shall be allowed:

3.6.3.1 Accessory buildings or uses for principal office uses may include the following:

(1) Medical clinics, gift shops, restaurants, concession stands, daycare, recreation facilities or other similar uses for the exclusive use of employees and offices.

(2) Converting, altering, finishing, cleaning, assembly or other processing of products which is clearly subordinate and customarily incidental to the principal use and where goods so produced or processes are used or sold exclusively on the premises; provided that the area used for such purposes shall be within a completely enclosed building, and it will not be detrimental to nearby residential uses.

3.6.3.2 Accessory storage of merchandise, materials or supplies within completely enclosed buildings.

3.6.3.3 Other accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.6.3.4 Off-Street Parking and Loading

In accordance with Section 5.1, herein; except that off-street parking, loading and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any office use, notwithstanding the applicable provisions of Section 5.1.4, herein.

Parking areas shall be landscaped in accordance with Article V, Section 5.14.

3.6.3.5 Signs: In accordance with Section 5.3, herein.

3.6.4 Lot and Building Requirements: Buildings and uses, shall comply with all lot and building requirements as set forth hereinafter.

3.6.4.1 Minimum Lot Requirements:

DO-10 DO-25

(1) Lot Area: 10 contiguous acres 25 contiguous acres

(2) Lot Width: 300 feet 400 feet

(3) Lot Depth: 300 feet 400 feet

3.6.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses: DO-10 DO-25

(a) Front Yard 100 feet 200 feet

(b) Side Yard 100 feet 200 feet

(d) The Board may reduce any yard which abuts a limited access highway to not less than 50 feet.

(2) Accessory Uses:

(a) Front, side and rear yards for parking, loading, and vehicular access areas shall not be less than one-half the applicable principal use yard requirements except that with respect to abutting lots in a Design Office District, the PZB may, subject to Site Plan review, reduce such setback requirements for off-street parking adjacent to a common property line.

(b) Front, side and rear yards for all other accessory uses, exclusive of signs, shall not be less than the applicable principal use yard requirements.

(3) Open Space: At least 50 percent of the actual lot area shall be suitably landscaped and/or left in its natural state in accordance with Article V, Section 5.14.

3.6.4.3 Division of Land: A Special Permit for a Design Office Park in this district may include or may be amended to permit a division or divisions of the land comprising the Design Office Park. Each separate parcel need not comply with frontage, setbacks, lot coverage, minimum building area and floor area, off-street parking and off-street loading requirements of the Zoning Regulations, provided that:

(1) All of the parcels continue to function as integrated parts of the approved Design Office Park; and

(2) Adequate provision is made for ingress and egress to and from a public highway; and

(3) Adequate provision is made for parking; and

(4) Adequate provision is made for the care and maintenance of the entire Design Office Park, which care and maintenance provision shall be recorded on the land records of the City of Milford.

3.6.4.4 Building Requirements:

(1) Design:..All buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height:

(a) DO-10: No building or structure shall exceed 60 feet in height.

(b) DO-25: No building or structure shall exceed 60 feet in height.

(4) Spacing: Multiple buildings on a single lot shall be so arranged that the minimum distance between principal and/or accessory buildings shall be equal to or greater than one-half of the sum of the heights of the affected buildings; exclusive of accessory parking structures which are designed to function in conjunction with the principal building.

(5) Floor Area Ratio: DO-10 and DO-25: A maximum of 0.35 FAR, exclusive of accessory parking garages and structures.

3.6.5 Prohibited Uses

Unless otherwise permitted in section 3.6, the following uses are prohibited:

(1) Residential Dwellings of any type.

(2) A driveway or similar vehicular easement, not including public streets, in or through a Residential District for access to an office, business or industrial use or zoning district.

(3) Storage of new or used vehicles for sale or hire, or for the storage of unregistered vehicles.

SECTION 3.7 BOATING BUSINESS DISTRICT: BB

3.7.1 Permitted Uses: All uses permitted in the Boating Business District shall be deemed to be Special Uses.

3.7.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses, subject to Special Permit and Site Plan Approval, in accordance with ARTICLE VII, herein.

3.7.2.1 Boat clubs, marinas or yards subject to the following conditions and safeguards.

(1) Health and Sanitation: The use shall comply with all applicable provisions of the State and City Building, Housing, Health, and Sanitation Codes and Ordinances, as approved by the proper Official. Adequate toilet facilities shall be provided on the lot and shall be located so as to be easily accessible to boat owners and guests.

(2) Filling and Dredging: The use shall comply with all applicable provisions of the Earth Fill and Removal Regulations, Section 5.7, herein, the Milford Coastal Management Plan and the Connecticut Coastal Management Act, where applicable.

(3) Flood Hazards: The use shall comply with all applicable provisions of the Flood Hazard Regulations, Section 5.8, herein.

(4) Site Plan Requirements: A detailed landscaping plan shall be required showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features. Landscaping shall be in accordance with Article V, Section 5.14.

(5) Exterior Lighting: Exterior lighting shall be provided by the applicant at all access points to streets, parking areas, building entrances and elsewhere, where required for safety of vehicular or pedestrian traffic, except that no lighting shall be directed on to navigable water bodies or watercourses.

(6) Utilities: No use shall be approved by the Board unless the lot is served by an approved public sanitary sewage system.

3.7.2.2 Dwelling units, limited to one per property, for caretakers of marinas or boat yards.

3.7.2.3 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.7.3 Accessory Uses: The following accessory uses shall be allowed.

3.7.3.1 Any accessory building or use in conjunction with principal uses as provided in One-Family Residential Districts, Section 3.1.3, herein.

3.7.3.2 Accessory buildings or uses for principal boat clubs, marina, or yards may include the following:

(1) A boat way, ramp or dock.

(2) Fuel filling facilities for boats.

(3) Commercial garage for boats.

(4) A vehicle dealership for boats.

(5) A vehicle repair and/or service garage for boats.

(6) Any special facility for the overhaul, repair and/or service of boats, shall be stored in a completely enclosed building when required by the Board.

(7) A boat storage yard subject to the limitations of Section 3.7.5.3, herein.

(8) Buildings to house storage lockers.

(9) A building for retail sales of boating equipment, material and supplies.

(10) A restaurant, subject to the applicable provisions of Section 5.5, herein.

(11) A refreshment stand or snack bar attached to or inside the principal building with a seating capacity not to exceed eight (8) seats per acre of the lot.

3.7.3.3 Other accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.7.3.4 Off-Street Parking and Loading: In accordance with Section 5.1, herein; except that off-street parking, loading and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any boating use, notwithstanding the applicable provisions of Section 5.1.4, herein. Landscaping within parking areas shall be in accordance with Article V, Section 5.14.

3.7.3.5 Signs: In accordance with Section 5.3, herein.

3.7.4 Lot and Building Requirements: Buildings or uses, exclusive of boat clubs, marinas, or yards, shall comply with the requirements of R-12.5 Residential Districts as set forth in the Schedule of Lot and Building Regulations, Section 3.1.4, herein. Boat clubs, marinas or yards shall comply with all lot and building requirements as set forth hereinafter, the Milford Coastal Management Plan and the Connecticut Coastal Management Act, where applicable.

3.7.4.1 Minimum Lot Requirements:

(1) Lot area: 2 acres

(2) Lot width: 150 feet at the established building setback line for the actual front yard

(3) Lot depth: 200 feet

(4) Street frontage: 50 feet

(5) Water frontage: 150 feet, if desirable

3.7.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses:

(a) Front Yard: 30 feet

(b) Side Yard: Optional only for the portion abutting navigable water; otherwise, 30 feet.

(2) Accessory Uses: Front, side and rear yards for all accessory uses, exclusive of signs, shall not be less than the established principal use yard requirements.

(3) Buffer Strip: An adequate buffer strip shall be provided adjacent to any Residential District. Said buffer strip shall be equal to or greater than 10 percent of the actual lot width for side yards or actual lot depth for rear yards, whichever is applicable, but not less than 30 feet. The planting in such buffers shall be in accordance with Article V, Section 5.14.

3.7.4.3 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed two (2) stories nor fifty (50) feet in height, provided that such building or structure shall be setback from all abutting streets and properties a distance equal to or greater than the actual height of such building or structure.

(5) Lot Coverage: A maximum of 75 percent.

(6) Floor Area: The minimum aggregate floor area for buildings shall not be less than one (1) percent of the actual lot area.

3.7.5 Prohibited Uses: Any building or use prohibited in One-Family Residential Districts, Section 3.1.5, herein.

3.7.5.1 No part of any parking or loading area shall be used for the storage of any boats or boat trailers.

3.7.5.2 No sale of alcoholic liquor shall be permitted; except for accessory restaurants.

3.7.5.3 The Board may restrict or prohibit outdoor storage during the winter in areas where such outdoor boat storage would, in its judgment, be objectionable or hazardous to adjoining residential or public areas.

3.7.5.4 All residential uses, with the exception of caretaker facilities under Section 3.7.2.2

SECTION 3.8 BUSINESS DISTRICT: BD

3.8.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings or uses in Business Districts, subject to Site Plan Approval in accordance with ARTICLE VII, herein.

3.8.1.1 Any building or use permitted in One-Family Residential districts, provided the lot area per dwelling or use is 20,000 square feet or greater, Section 3.1 herein.

3.8.1.2 Stores for sale of goods or establishments for performance of allowable personal services.

3.8.1.3 Offices for business, financial, professional or personal services or other similar offices.

3.8.1.4 Self-service laundry not using steam, provided that the floor area shall not exceed 3,000 square feet per establishment.

3.8.1.5 Dry cleaning establishment, provided that the floor area shall not exceed 3,000 square feet per establishment and subject to approval of the cleaning solvents by the Fire Department and approval of the method of waste disposal by the Departments of Public Works and Public Health.

3.8.1.6 Mixed use buildings containing permitted business and/or offices.

3.8.1.7 Sale of alcoholic liquor in package, drug or grocery stores subject to the applicable provisions of Section 5.5, herein.

3.8.1.8 Eating Places, without facilities for banquets, group meetings, conventions or entertainment, subject to the provisions of Section 5.5, where applicable.

3.8.1.9 Martial arts studios or instructional facilities for weaponless self-defense techniques.

3.8.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses, subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII, herein, and subject to the following:

(1) Site Plan Requirements: A detailed landscaping plan shall be required showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features. Landscaping shall be in accordance with Article V, Section 5.14.

(3) Street Access: No use shall be approved by the Board unless the lot has suitable access to an adequate collector or arterial street.

3.8.2.1 Clubs or fraternal organizations may be allowed subject to the following conditions and safeguards and provisions of Section 5.5, where applicable:

(1) All principal buildings shall be set back at least 50 feet from any Residential District boundary.

(2) All off-street parking areas shall be set back at least 25 feet from any Residential District boundary.

(3) No such use shall create any traffic hazard or nuisance to residential areas.

(4) Appropriate landscaping and screening shall be installed and suitably maintained in accordance with Article V, Section 5.14.

3.8.2.2 Printing or publishing establishments.

3.8.2.3 Funeral home or mortuary.

3.8.2.4 Public utility buildings or facilities with completely enclosed service or storage areas.

3.8.2.5 Mixed use buildings containing one or more allowable Special Uses.

3.8.2.6 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing special uses may be approved by the Board in the same manner as Permitted Uses, unless the Board requires a public hearing.

3.8.2.7 Restaurants with an outdoor customer dining area as defined in Section 11-2.

3.8.2.8 Boarding houses, as provided and regulated in One Family Residential Districts, Section 3.1.2.2 herein.

3.8.2.9 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.8.3 Accessory Uses: The following accessory uses shall be allowed:

3.8.3.1 Converting, altering, finishing, cleaning, assembly or other processing of products which is clearly subordinate and customarily incidental to the principal use and where goods so produced or processed are used or sold exclusively on the premises; provided that the area used for such purposes shall be within a completely enclosed building and shall not exceed 25% of the floor area of the principal use.

3.8.3.2 Accessory storage of merchandise, materials or supplies within completely enclosed buildings, or within completely fenced and screened areas.

3.8.3.3 Other accessory buildings or uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.8.3.4 Off-Street Parking and Loading: In accordance with Section 5.1, herein.

3.8.3.5 Signs: In accordance with Section 5.3, herein.

3.8.4 Lot and Building Requirements: Buildings or uses shall comply with all lot and building requirements for the applicable Zoning District as set forth hereinafter.

3.8.4.1 Minimum Lot Requirements

(1) Lot Area 10,000 sq. ft

(2) Lot area permitted residential uses per Section 3.8.1.1: 20,000 sq. per bldg. use

(3) Lot Width 50 feet ....

(4) Lot Depth 100 feet

3.8.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses

(a) Front Yard 25 feet

(b) Side and Rear Yards 10 feet

(2) Accessory Buildings

(a) Front Yard Same as for Principal Uses

(b) Side Yard 4 feet

(3) Accessory Uses

Front, side and rear yards for parking, loading and vehicular access areas shall not be less than 10 feet.

(4) Buffer Strip:

(a) At least ten (10) feet adjacent to any Residential District in accordance with Article V, Section 5.14, except that the Board may substitute appropriate fencing of suitable type and height which shall be installed and maintained by the applicant to effectively screen the use from adjoining Residential Districts.

(b) Lots that are developed/used as permitted in Section 3.8.1.1 herein shall not be required to be buffered from adjacent lots either zoned or used as single family lots.

3.8.4.3 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed 30 feet in height.

(4) Spacing: Group buildings on a single lot shall be so arranged that the minimum distance between principal and/or accessory building shall be equal to or greater than one-half the sum of the heights of the affected buildings.

(5) Floor Area: A maximum of 7,500 square feet per establishment, except for a supermarket which shall not exceed 20,000 square feet.

(6) Floor Area Ratio: A maximum of 0.5 F.A.R.

3.8.5 Prohibited Uses: The following uses shall be expressly prohibited.

3.8.5.1 Unless permitted in single family residential districts, no residential uses shall be permitted.

3.8.5.2 No health center or club, including reducing salons, steam baths or similar uses shall be permitted.

3.8.5.3 No display of goods or sales outdoors or from open counters or with curb service shall be permitted; except during seasonal sidewalk sales.

3.8.5.4 No drive-in establishment shall be permitted; except for drive-in banks.

3.8.5.5 No commercial garage, gasoline station, vehicle repair and/or service garage, vehicle dealership, vehicle washing establishments, or other similar use shall be permitted.

3.8.5.6 No parking or loading area shall be used for the storage of new or used vehicles for sale or hire or for the storage of unregistered vehicles.

3.8.5.7 No principal warehouse or storage, junk yard, or outside storage yards shall be permitted.

3.8.5.8 No trucking distribution centers or other principal terminal facilities for handling freight or material with or without maintenance facilities shall be permitted; except for clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own use.

3.8.5.9 No principal manufacturing, fabricating, assembling or processing of goods or products shall be permitted.

3.8.5.10 Any building or use which will not comply with the Performance Standards of Section 5.11, shall be prohibited.

3.8.5.11 No other building or use which may be inconvenient or detrimental to the general character and appearance of the surrounding neighborhood or impair the value thereof or which shall be inconsistent with the Current Plan of Conservation and Development and policy for future development of the area shall be allowed.

SECTION 3.8-1 BUSINESS DISTRICT: BD-1

3.8.1-1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings or uses in Business Districts, subject to Site Plan Approval in accordance with ARTICLE VII, herein.

3.8.1.1-1 One or two family dwellings.

3.8.1.2-1 Stores for sale of goods or establishments for performance of allowable personal services.

3.8.1.3-1 Offices for business, financial, professional or personal services or other similar offices.

3.8.1.4-1 Self-service Laundromat.

3.8.1.5-1 Dry cleaning establishment subject to approval of the cleaning solvents by the Fire Department and approval of the method of waste disposal by the Departments of Public Works and Public Health.

3.8.1.6-1 Mixed use buildings containing permitted business and dwellings.

3.8.1.7-1 Sale of alcoholic liquor in package, drug or grocery stores subject to the applicable provisions of Section 5.5, herein.

3.8.1.8-1 Eating Places, without facilities for banquets, group meetings, conventions or entertainment, subject to the provisions of Section 5.5, where applicable.

3.8.2-1 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses, subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII, herein, and subject to the following:

(3) Street Access: No use shall be approved by the Board unless the lot has suitable access to an adequate collector or arterial street.

3.8.2.1-1 Public utility buildings or facilities with completely enclosed service or storage areas.

3.8.2.2-1 Mixed use buildings containing one or more allowable Special Uses.

3.8.2.3-1 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing special uses may be approved by the Board in the same manner as Permitted Uses, unless the Board requires a public hearing.

3.8.2.4-1 Restaurants with an outdoor customer dining area as defined in Section 11-2.

3.8.2.5-1 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.8.3-1 Accessory Uses: The following accessory uses shall be allowed:

3.8.3.1-1 Converting, altering, finishing, cleaning, assembly or other processing of products which is clearly subordinate and customarily incidental to the principal use and where goods so produced or processed are used or sold exclusively on the premises; provided that the area used for such purposes shall be within a completely enclosed building and shall not exceed 25% of the floor area of the principal use.

3.8.3.2-1 Accessory storage of merchandise, materials or supplies within completely enclosed buildings, or within completely fenced and screened areas.

3.8.3.3-1 Other accessory buildings or uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.8.3.4-1 Off-Street Parking and Loading: Optional. See also Section 6.3.3 Replacement.

3.8.3.5-1 Signs: In accordance with Section 5.3, herein.

Requirements specified for zone BD shall apply.

3.8.4-1 Lot and Building Requirements: Buildings or uses shall comply with all lot and building requirements for the applicable Zoning District as set forth hereinafter.

3.8.4.1-1 Minimum Lot Requirements

BD -1

(1) Lot Area 2,000 sq. ft

(2) Lot Width 25 feet

(3) Lot Depth 80 feet

3.8.4.2-1 Minimum Yard and Open Space Requirements:

(1) Principal Uses BD-1

(a) Front Yard optional

(b) Side and Rear Yards 0 or 4 feet if provided

(2) Accessory Buildings and Accessory Uses BD-1

(a) Front Yard - All accessory buildings and uses must be in the rear of the principal building except outside dining

(b) Side Yard 4 feet

(3) Buffer Strip:

(b) Lots that are developed/used as permitted in Section 3.8.1.1-1 herein shall not be required to be buffered from adjacent lots either zoned or used as single family lots.

3.8.4.3-1 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed 30 feet in height.

(4) Spacing: Group buildings on a single lot shall be so arranged that the minimum distance between principal and/or accessory building shall be equal to or greater than 10 feet between the affected buildings.

(5) Floor Area: A maximum of 7,500 square feet per establishment.

(6) Floor Area Ratio: A maximum of 1.0 F.A.R.

3.8.5-1 Prohibited Uses: The following uses shall be expressly prohibited.

3.8.5.1-1 No health center or club, including reducing salons, steam baths or similar uses shall be permitted.

3.8.5.2-1 No display of goods or sales outdoors or from open counters or with curb service shall be permitted; except during seasonal sidewalk sales.

3.8.5.3-1 No drive-in establishment shall be permitted.

3.8.5.4-1 No commercial garage, gasoline station, vehicle repair and/or service garage, vehicle dealership, vehicle washing establishments, or other similar use shall be permitted.

3.8.5.5-1 No parking or loading area shall be used for the storage of new or used vehicles for sale or hire or for the storage of unregistered vehicles.

3.8.5.6-1 No principal warehouse or storage, junk yard, or outside storage yards shall be permitted.

3.8.5.7-1 No trucking distribution centers or other principal terminal facilities for handling freight or material with or without maintenance facilities shall be permitted; except for clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own use.

3.8.5.8-1 No principal manufacturing, fabricating, assembling or

processing of goods or products shall be permitted.

3.8.5.9-1 Any building or use which will not comply with the Performance Standards of Section 5.11, shall be prohibited.

3.8.5.10-1 No other building or use which may be inconvenient or detrimental to the general character and appearance of the surrounding neighborhood or impair the value thereof or which shall be inconsistent with the current Plan of Conservation and Development and policy for future development of the area shall be allowed.

SECTION 3.9 SHOPPING CENTER DESIGN DISTRICT: SCD

3.9.1 Permitted Uses: All uses permitted in Shopping Center Design Districts shall be deemed to be Special Uses.

3.9.2 Special Uses Subject to all other applicable provisions and limitations of these Regulations, the Board may permit the following buildings or uses, subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII, herein.

3.9.2.1 Mixed uses containing allowable businesses, offices, and multi-family dwelling units; subject to the limitations of Section 3.3 medium density multi-family residential districts (RMF-16): subject to the limitations of Section 3.9.4.3 herein, and provided that the minimum lot area utilized for multi-family dwelling units shall not be less than 20 acres.

3.9.2.2 Multi-Family Dwelling Units as provided and regulated in Section 3.3 medium density multi-family residential districts, subject to the limitations of Section 3.9.4.3, herein, and provided that the minimum lot area shall not be less than 20 acres.

3.9.2.3 Offices for business, financial, professional or personal services or other similar offices.

3.9.2.4 Hotels or motels as provided and regulated in the Design Office District, Section 3.6.2.3.

3.9.2.5 A retail store containing at least 40,000 square feet of floor area.

3.9.2.6 A shopping center containing at least 60,000 square feet of floor area and containing stores for sale of goods at retail or for performance of personal services clearly subordinate and customarily incidental to retail sales.

3.9.2.7 Eating places subject to the provisions of Section 5.5 where applicable.

3.9.2.8 Restaurants with an outdoor customer dining area as defined in Section 11-2.

3.9.2.9 Sale of alcoholic liquor, subject to the applicable provisions of Section 5.5 herein.

3.9.2.10 Stores for sale of goods at wholesale.

3.9.2.11 Indoor places of entertainment, amusement, recreation or assembly such as theaters, billiard rooms, bowling alleys or other similar indoor uses. A public hearing shall be required for all uses designated in this subsection.

3.9.2.12 Dry cleaning or dyeing establishments using non-inflammable solvents; provided that the floor area shall not exceed 3,000 square feet per establishment, and subject to approval of the cleaning solvents by the Fire Department and approval of the method of waste disposal by the Departments of Public Works and Public Health.

3.9.2.13 Off-street parking garages or lots.

3.9.2.14 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing special uses shall be approved by the Board in the same manner as a Special Use.

3.9.2.15 A change in the use of interior space of an existing building in a Shopping Center Design District shall not require either an amendment to a Special Permit and/or Site Plan Approval, provided that such use is listed in Section 3.9.2 or Section 3.9.3, and further provided that no exterior structural changes to the existing building shall be made in connection with such changed use.

3.9.2.16 Extended stay hotels.

3.9.2.17 Health centers or clubs provided that the maximum gross building area devoted to such health center or club use shall not exceed 41,000 square feet.

3.9.2.18 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

Requests for change of use to be considered under the provisions of this Section shall be in accordance with Section 8.8.2 Change of Use.

3.9.3 Accessory Uses: The following accessory uses shall be allowed:

3.9.3.1 Converting, altering, finishing, cleaning, assembly or other processing of products which is clearly subordinate and customarily incidental to a principal use and where goods so produced or processed are used or sold exclusively on the premises provided that the area used for such purposes shall be within a completely enclosed building.

3.9.3.2 Accessory vehicle repair and/or service garages, subject to the applicable provisions of Section 5.4 herein.

3.9.3.3 Accessory storage of equipment, merchandise, materials or supplies within completely enclosed buildings.

3.9.3.4 Other accessory buildings or uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use, and that will not be hazardous to the public health, safety and welfare.

3.9.3.5 Off-Street Parking and Loading: In accordance with Section 5.1, herein; except that off-street parking, loading and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any mixed use building, notwithstanding the applicable provisions of Section 5.1.4, herein. Landscaping in parking areas shall conform with Article V, Section 5.14.

3.9.3.6 Signs: In accordance with Section 5.3 herein.

3.9.4 Lot and Building Requirements: Subject to all other applicable provisions and limitations of these Regulations, buildings and uses shall comply with all lot and building requirements as set forth herein.

3.9.4.1 Minimum Lot Requirements:

(1) Lot Area:

(a) with dwelling units 20 acres

(b) without dwelling units 10 acres

(2) Lot Width: 300 feet

(3) Lot Depth: 300 feet

3.9.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses:..Front, side and rear yards for all principal uses shall not be less than 50 feet.

(2) Accessory Uses: Front, side and rear yards for all accessory uses, exclusive of signs, shall not be less than 25 feet.

(3) Buffer Strip: At least 10 feet adjacent to any Residential District for the first 50 required off-street parking spaces or any portion thereof, plus an additional 10 feet of buffer strip adjacent to any Residential District for each additional 50 required off-street parking spaces, or major fraction thereof, up to a maximum of 100 feet of buffer strip. The planting shall conform with Article V Section 5.14.

3.9.4.3 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed 10 stories or 120 feet in height; except that multiple-family dwellings shall comply with the applicable height provisions for RMF-16 Residential Districts.

(4) Spacing: Group buildings on a single lot shall be so arranged that the minimum distance between principal and/or accessory buildings shall be equal to or greater than one-third the sum of the heights of the affected buildings; exclusive of parking structures which are designed to function in conjunction with a principal building.

(5) Building Area: A maximum of 50 percent or less as required by off-street parking and loading regulations.

(6) Floor Area Ratio: A maximum of 1.5 FAR, exclusive of accessory parking garages and structures.

(7) Dwelling Units/Business Floor Area: Where multi-family dwelling units are proposed, a maximum of 40 percent of the aggregate floor area, exclusive of accessory parking and loading garages and structures, shall be used for dwelling purposes and a minimum of 50% shall be used for business and/or office uses.

(8) Dwelling Units: Where dwelling units are proposed not to be part of a mixed use development, density shall be allowed within the following limitations: a medium density of 16 to 24 bedrooms per acre; multi-family residential shall be allowed within buildings or structures of 3 or less stories or a height of 35 feet. Increased densities are subject to Planning and Zoning Board review of building and site design to include roof style screening of mechanical equipment, facade treatments, minimum re-grading and/or changes to topography, sign designs and location, underground utilities, on site lighting and design and landscape and grading design of the site.

The provisions shall not be construed to allow a greater density than is otherwise allowable within the limitations of Section 3.9.2.2, herein.

3.9.5 Prohibited Uses: The following uses shall be expressly prohibited:

3.9.5.1 No display of goods outdoors, exclusive of nursery stock, shall be permitted except in courts or malls.

3.9.5.2 No retail sales outdoors, from open counters, or with curb service shall be permitted; except for seasonal sidewalk sales.

3.9.5.3 No drive-in establishment shall be permitted; except for drive-in banks.

3.9.5.4 No commercial garage, gasoline station, vehicle repair and/or service garage, vehicle dealership, vehicle washing establishment, or other similar use shall be permitted; except for one accessory gasoline station per lot, and for one accessory vehicle repair and/or service garage per lot.

3.9.5.5 No parking or loading area shall be used for the storage of new or used vehicles for sale or hire or for the storage of unregistered vehicles.

3.9.5.6 No warehouse or storage; junk yard; or outside storage yards shall be permitted.

3.9.5.7 No trucking terminal facilities for handling freight or material with or without maintenance facilities shall be permitted; except for clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own use.

3.9.5.8 No principal manufacturing, fabricating, assembling or processing of goods or products shall be permitted.

3.9.5.9 Any building or use which will not comply with the Performance Standards of Section 5.11 shall be prohibited.

3.9.6 Modification of Requirements:

3.9.6.1 A lot or lots on which a lawful non-conforming use exists at the time of adoption of these Regulations, shall be subject to the foregoing requirements, except that the Board may allow continuation of such use on the portion of the lot which it occupies, and pro-rate the requirements of these Regulations on the remaining lot area if it deems such modification is within the purpose of intent of these Regulations.

3.9.6.2 A development site may be subdivided for separate sale of the components of a plan approved under this Section, provided the overall development complies with these Regulations. Any such subdivision shall be in accordance with the provisions of the Subdivision Regulations of the City of Milford. That, in the event of the foregoing, any subdivision for separate sale of a development site shall be deemed to meet the requirements of these Regulations if the overall development complies with these Regulations.

SECTION 3.10.. LIMITED INDUSTRIAL DISTRICT: LI

3.10.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations the Board shall permit the following buildings or uses in Limited Industrial Districts, subject to Site Plan Approval in accordance with ARTICLE VII, and Section 3.10.1.11.

3.10.1.1 The manufacturing, fabricating, assembling or processing of goods or products; provided that the principal use is within a completely enclosed building.

3.10.1.2 Warehousing and/or wholesaling business, provided the principal use is within a completely enclosed building.

3.10.1.3 Building equipment, merchandise, material or supply businesses; provided that the principal use is within a completely enclosed building.

3.10.1.4 Offices for business, financial, professional or personal services or other similar offices.

3.10.1.5 Computer centers.

3.10.1.6 Scientific or research laboratories devoted to research, design and/or experimentation.

3.10.1.7 Printing or publishing establishments.

3.10.1.8 Public buildings, uses, or facilities.

3.10.1.9 Off-street parking garages or lots.

3.10.1.10 Mixed use buildings containing Permitted Uses.

3.10.1.11 Use Conditions: All of the above Permitted Uses shall be subject to the following conditions and safeguards:

(1) Site Plan Requirements: A landscaping plan shall be required showing all proposed re-grading, drainage, fences, walls, and other landscaping features. The landscaping plan shall be in conformance with Article V, Section 5.14.

(3) Street Access: No use shall be approved by the Board unless the lot and/or subdivision has suitable access to a street which is adequate to accommodate the potential traffic generation from such use.

(4) Utilities: No use shall be approved by the Board unless the use is:

(a) Served by an adequate public sanitary sewerage system, community subsurface sewage disposal system, or private, individual sewage disposal facility approved by the Director of Public Health; and

(b) Supplied with water from an adequate public water supply; community water supply or private, individual wells approved by the Director of Public Health.

(c) The Board may require the use to be served by an approved public sanitary sewage disposal system in order to protect the public health.

3.10.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Boards may allow the following buildings or uses; subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII, herein and Section 3.10.1.11.

3.10.2.1 Public utility buildings or facilities.

3.10.2.2 Railroad rights-of-way or stations including customary accessory services thereto.

3.10.2.3 Vehicle repair garages or services within completely enclosed buildings, subject to all applicable provisions of Section 5.4, herein and provided that the minimum required lot area shall not be less than one (1) acre.

3.10.2.4 Mixed use buildings containing one (1) or more Special Use.

3.10.2.5 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing special uses may be approved by the Board in the same manner as a Permitted Use, unless the Board requires a public hearing. Those not complying with Section 3.10.3.2 shall require a Special Permit.

3.10.2.6 Vocational or training schools.

3.10.2.7 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.10.3 Accessory Uses: The following accessory uses shall be allowed:

3.10.3.1 Accessory warehousing and/or sales which are clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.10.3.2 Accessory outside storage of equipment, merchandise, materials or supplies which is clearly subordinate and customarily incidental to a permitted use and where goods so stored are used or sold on the premises; provided that the area used for outside storage shall be effectively screened on all sides by appropriate structures, fencing, walls, or landscaping of suitable type and height, and the area shall be limited to 15% of the lot area.

3.10.3.3 Accessory gas liquefaction or petroleum distillation and only as an accessory use.

3.10.3.4 Other accessory buildings or uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use; provided that such accessory building or use will not be dangerous, injurious, detrimental or objectionable to the public health, safety or welfare of the neighborhood or community.

3.10.3.5 Off-Street Parking and Loading: In accordance with Section 5.1, herein; except that off-street parking, loading, and vehicular access shall be provided in the manner and to the extent determined by the Board to be adequate for any mixed use building, notwithstanding the applicable provisions of Section 5.1.4, herein. Parking areas shall be landscaped in accordance with Article V, Section 5.14.

3.10.3.6 Signs: In accordance with Section 5.3, herein.

3.10.4 Lot and Building Requirements: Buildings and uses shall comply with all lot and building requirements as set forth hereinafter.

3.10.4.1 Minimum Lot Requirements:

.. LI

(1) Lot Area: 10,000 square feet

(2) Lot Width: 50 feet

(3) Lot Depth: 100 feet

3.10.4.2 Minimum Yard & Open Space Requirements:

(1) Principal Uses: LI

(a) Front Yard: 20 feet

(b) Side Yard: None required but at least 10

feet, if provided.

provided.

(2) Accessory Buildings: LI

(a) Side Yard: None required, but at least 10 feet, if

provided.

(b) Rear Yard: None required, but at least 10 feet, if

provided.

(3) Accessory Uses: No parking or loading areas shall be permitted in the minimum required front yard.

(4) Buffer Strip: An adequate buffer strip shall be provided adjacent to any Residential District. Said buffer strip shall be equal to or greater than 10 percent of the average lot width for side yards or average lot depth for rear yards, whichever is applicable, but not less than 20 feet; except that the Board may substitute, for 10 feet of any required buffer, appropriate fencing of suitable type and height which shall be installed and maintained by the applicant to which shall be installed and maintained by the applicant to effectively screen the use from adjoining Residential Districts. The buffer shall be planted in accordance with Article V, Section 5.14.

(5) Landscaping: The front yard shall be appropriately landscaped except for required access ways. This landscaping shall be in accordance with Article V, Section 5.14.

3.10.4.3 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed 35 feet in height.

(4) Spacing: Group buildings on a single lot shall be so arranged that the minimum distance between principal and/or accessory buildings shall be equal to or greater than one-half the sum of the heights of the affected buildings; exclusive of parking structures which are designed to function in conjunction with the principal building.

(5) Building Area: A maximum of 50 percent or less as required by off-street parking and loading regulations.

(6) Floor Area Ratio: A maximum of 1.0 FAR, exclusive of accessory parking garages or structures.

3.10.5 Prohibited Uses: The following uses shall be expressly prohibited.

3.10.5.1 No dwellings or dwelling units shall be permitted; except for accommodations for watchmen, caretakers or custodians in conjunction with a principal use on the same premises.

3.10.5.2 No customer or employee parking spaces or loading areas shall be used for the display storage of new or used vehicles for sale or hire, for the storage of unregistered vehicles, or any other outside storage.

3.10.5.3 No commercial garage, gasoline station, vehicle dealership, vehicle washing establishment, or other similar use shall be permitted.

3.10.5.4 No trucking terminal facilities for handling freight or material with or without maintenance facilities shall be permitted; except for clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own use.

3.10.5.5 No principal outside storage yards shall be permitted.

3.10.5.6 No storage of petroleum shall be permitted; except for petroleum in locations and tanks of a size approved by the Fire Department to be used exclusively by an allowable use in connection with its own operation on the premises.

3.10.5.7 No allowable use shall be construed to include the following uses; and no land, building or structure shall be used for any of the following purposes:

(1) Manufacturing of mineral acids, such as sulphurous, sulfuric, nitric and hydrochloric acid.

(2) Asphalt manufacture or refining or manufacture of products with asphalt including the preparation or mixing of tar or asphalt with sand or aggregates.

(3) Ammunition, explosives or fireworks manufacture.

(4) Asbestos manufacture.

(5) Animal black, lamp black, or bone black manufacture.

(6) Blast furnaces, coke ovens, forge plants or foundries.

(7) Blooming or hot rolling mill.

(8) Cement manufacture or manufacture of shingles made with cement

(9) Crematory or cemetery

(10) Creosote treatment or manufacture.

(11) Excelsior manufacture.

(12) Fat rendering.

(13) Fertilizer manufacture.

(14) Hydrogenation processes.

(15) Industrial smoke house.

(16) Junk yards, as defined herein, and any place in or on which any old metal, glass, paper, cordage, or other waste or discarded or secondhand material is stored or deposited.

(17) Match manufacture.

(18) Petroleum refinery.

(19) Raw hide or skin curing or tanning.

(20) Reduction of wood, bones, dead animals or offal.

(21) Rock or stone crusher or other processing of sand, gravel, or other earth products, except in accordance with the Earth Fill and Removal Regulations, Section 5.7, herein.

(22) Slaughtering of animals.

(23) Soap manufacture.

(24) Stock yards.

(25) Tallow, grease or lard manufacture or refining.

(26) Vinegar or sauerkraut manufacture or treatment.

(27) Yeast plant.

(28) Mining, quarrying or processing of earth products, except that site preparation of specifically proposed building sites may be allowed in accordance with the Earth Fill & Removal Regulations, Section 5.7, herein.

3.10.5.8 No building or use which will be dangerous, injurious, detrimental or objectionable to the public health, safety or welfare of the neighborhood or community shall be allowed.

3.10.5.9 Any building or use which will not comply with the Performance Standards of Section 5.11, shall be prohibited.

SECTION 3.11 INDUSTRIAL DISTRICT.. ID

3.11.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings and uses in Industrial Districts, subject to Site Plan approval in accordance with ARTICLE VII and Section 3.10.1.11, herein.

3.11.1.1 The manufacturing, fabricating, assembling or processing of goods, or repair services, but not including any of those uses set forth in the Limited Industrial District, Section 3.10.5.7, herein.

3.11.1.2 Building equipment, merchandise, material or supply businesses.

3.11.1.3 Offices for business, financial, professional or personal services or other similar offices.

3.11.1.4 Computer centers.

3.11.1.5 Scientific or research laboratories devoted to research, design and/or experimentation, including pilot plants.

3.11.1.6 Printing or publishing establishments.

3.11.1.7 Metal, woodworking or other similar shops or repair services.

3.11.1.8 Vocational training schools.

3.11.1.9 Principal warehousing and/or wholesaling business uses.

3.11.1.10 Public utility buildings or facilities.

3.11.1.11 Off-street parking garages or lots.

3.11.1.12 Eating Places: Those eating places containing a minimum floor area of 2,000 square feet subject to the provisions of Section 5.5 herein, notwithstanding 5.5.1.2 and 5.5.4.1.

3.11.1.13 Mixed use buildings containing Permitted Uses.

3.11.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings and uses; subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII and Section 3.10.1.11 herein.

3.11.2.1 Places of entertainment, amusement, recreation and/or assembly such as an archery range, golf driving range, theater, stadium, racetrack, field house, auditorium or other similar uses.

3.11.2.2 Vehicle dealerships, subject to all applicable provisions of Section 5.4 herein; but not including new or used passenger vehicle dealerships.

3.11.2.3 Vehicle repair garage or services; subject to all applicable provisions of Section 5.4 herein.

3.11.2.4 Public buildings, uses or facilities.

3.11.2.5 Trucking terminal facilities for handling freight or material with or without maintenance facilities including accessory trucking facilities; provided that such facilities, including any truck entrance, exit, driveways, maneuvering, parking or loading area, shall not be located or operated within a distance of 300 feet of any Residential District, measured in a straight line between such facility and said boundary. Trucking terminal facilities shall not be construed to include clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own use.

3.11.2.6 Principal outside storage yards or uses including, but not limited to, building or contractors' equipment, merchandise, materials or supplies, but not including junk yards; provided that the area used for outside storage shall be effectively screened on all sides by appropriate structures, fencing, walls, or landscaping of suitable type and height, and that such storage uses do not exceed a height equal to the height of any principal use structures or 60 feet, whichever is lowest.

3.11.2.7 Manufacturing uses as set forth in Limited Industrial Districts, Section 3.10.5.7 except those listed in Section 3.11.5.7, herein; subject to the following specific conditions and safeguards and provided that the Board finds, to its satisfaction, that the proposed use will, in all respects, comply with the purpose and intent of these Regulations.

(1) The Board may require any reasonable means necessary to adequately protect the public health, safety or welfare of the neighborhood or community from dangerous, injurious, detrimental or objectionable elements and to prevent any unnecessary environmental pollution.

(2) The Board may require the applicant to submit all appropriate plans, specifications and other documents certified by a registered professional engineer, qualified scientist or recognized authority in his field or area of concern to the effect that all necessary environmental protection measures are consistent with recognized standards and will protect the public health, safety and welfare of the neighborhood and community.

3.11.2.8 Railroad rights-of-way or stations including customary accessory services thereto.

3.11.2.9 Recycling plants, including accessory junk yard; provided that any such junk yard shall be effectively screened on all sides by appropriate structures, fencing, walls, or landscaping of suitable type and height.

3.11.2.10 Mixed use buildings containing one or more Special Uses.

3.11.2.11 Motels or hotels containing a minimum of 10 rooming units; subject to the following conditions and safeguards:

(1) Rooming Units: Each rooming unit shall have a minimum floor area of 250 square feet and shall contain private bathing, lavatory and flush toilet facilities. No rooming unit shall contain kitchen or cooking facilities.

(2) Common Floor Area: There shall be provided lobby and common floor areas, excluding hallways, equal to at least 5% of the total floor area of all rooming units, but not less than 300 square feet.

(3) Site Plan Requirements: Any application for new buildings or structural alterations shall be accompanied by building plans, floor plans and elevations prepared by a Registered Architect and/or Professional Engineer and by a detailed landscaping plan showing all grading, drainage, fences, walls, shrub and tree plantings and other landscaping features.

(4) Utilities: No motel or hotel shall be approved by the Board unless the building is served by an approved public sanitary sewage system, or private on-site septic system approved by the Director of Public Health.

(5) Minimum Lot Requirements:

Lot Area: 1 acre

Lot Area per Rooming Unit: 1,100 square feet

Lot Width: 150 feet

3.11.2.12 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing special uses may be approved by the Board in the same manner as a Permitted Use, unless the Board requires a public hearing.

3.11.2.13 Extended stay hotels.

3.11.2.14 Restaurants with an outdoor customer dining area as defined in Section 11-2.

3.11.2.15 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.11.3 Accessory Uses: The following accessory uses shall be allowed:

3.11.3.1 Accessory outside storage of equipment, merchandise, materials or supplies which is clearly subordinate and customarily incidental to a principal use; provided that the area used for outside storage shall be effectively screened on all sides by appropriate structures, fencing, walls, or landscaping of suitable type and height, as determined by the Board and in accordance with Article V, Section 5.14, and that such storage uses do not exceed a height equal to the height of any principal use structures.

3.11.3.2 Accessory buildings or uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use; provided that such accessory building or use will not be dangerous, injurious, detrimental or objectionable to the public health, safety or welfare of the neighborhood or community.

3.11.3.3 Accessory warehousing and/or sales uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.11.3.4 Off-Street Parking and Loading: In accordance with Section 5.1 herein; except that off-street parking, loading, and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any mixed use building, notwithstanding the applicable provisions of Section 5.1.4 herein.

3.11.3.5 Signs: In accordance with Section 5.3 herein.

3.11.4 Lot and Building Requirements:

(1) Lot Area: 1 acre

(2) Lot Width: 100 feet

(3) Lot Depth: 200 feet

3.11.4.1 Minimum Yard & Open Space Requirements:

(1) Principal Uses:

(a) Front Yard: 30 feet

(b) Side Yard: None required but at least 4 feet if provided.

(2) Accessory Buildings:

(a) Side Yard: None required but at least 4 feet if provided.

(b) Rear Yard: None required but at least 10 feet if provided.

(3) Accessory Uses: Front yards for parking areas shall not be less than 20 feet. Front yards for all other accessory uses, exclusive of signs, shall not be less than 30 feet.

(4) Buffer Strip: An adequate buffer strip shall be provided adjacent to any Residential District. Said buffer shall be equal to or greater than 10 percent of the average lot width for side yards or average lot depth for rear yards, whichever is applicable, but not less than 20 feet. Landscaping within buffer strips shall comply with Article V, Section 5.14.

(5) Landscaping: The front yard of buildings and/or parking lots shall be appropriately landscaped except for required access ways. Landscaping shall comply with Article V, Section 5.14.

3.11.4.2 Building Requirements:

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height:..No building or structure shall exceed 120 feet in height.

(5) Building Area: A maximum of 50 per cent or less as required by off-street parking and loading regulations.

(6) Floor Area Ratio: A maximum of 2.0 FAR, exclusive of accessory parking garages or structures.

3.11.5 Prohibited Uses: The following uses shall be expressly prohibited:

3.11.5.1 No dwellings or dwelling units shall be permitted; except for accommodations for watchmen, caretakers or custodians in conjunction with a principal use on the same premises.

3.11.5.2 No parking or loading area shall be used for the storage of new or used vehicles for sale or hire or for the storage of unregistered vehicles.

3.11.5.3 No gasoline station, new or used automobile dealerships, vehicle washing and/or detailing establishment or other similar uses shall be permitted.

3.11.5.4 No storage of petroleum shall be permitted; except for petroleum in locations and tanks of a size approved by the Fire Department.

3.11.5.5 No building or use which will be dangerous, injurious, detrimental or objectionable to the public health, safety or welfare of the neighborhood or community.

3.11.5.6 Any building or use which will not comply with the Performance Standards of Section 5.11, shall be prohibited.

3.11.5.7 Any building or use prohibited in Section 3.10.5.7.

SECTION 3.12 HOUSATONIC DESIGN DISTRICT HDD

3.12.1 Permitted Uses: Subject to all other applicable provisions and limitations of these regulations, the Board shall permit the following buildings or uses in the Housatonic Design District, subject to Site Plan Approval in accordance with ARTICLE VII and Section 3.10.1.11, herein.

3.12.1.1 Any building or use as permitted and regulated in Industrial District, Section 3.11.1 herein.

3.12.2 Special Uses: Subject to all other applicable provisions and limitations of these regulations, the Board may allow the following buildings or uses subject to Special Permit in accordance with ARTICLE VII and Section 3.10.1.11, herein.

3.12.2.1 Any building or uses as provided and regulated in Industrial Districts, Section 3.11.2, herein; but not including principal trucking terminal facilities in Section 3.11.2.5, thereof.

3.12.2.2 Boat clubs, marinas or boat yards per Section 3.7 herein.

3.12.2.3 Hotels or motels as provided and regulated in CDD District -1, Section 3.16, herein.

3.12.2.4 Extended stay hotels.

3.12.2.5 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.12.3 Accessory Uses: The following accessory uses shall be allowed.

3.12.3.1 Any accessory building or use as provided for principal use in Industrial Districts, Section 3.11.3, herein.

3.12.3.2 Any accessory building or use, as provided for principal boat clubs, marinas or boat yards in the Boating Business District, Section 3.7.2.2, herein when in conjunction with Section 3.7.1.1.

3.12.3.3 Off-Street Parking and Loading: In accordance with Section 5.1 herein; except that off-street parking, loading, and vehicular access areas shall be provided in the manner and to the extent determined by the Board to be adequate for any mixed use building, notwithstanding the applicable provisions of Section 5.1.4, herein. Landscaping in parking areas shall comply with Article V, Section 5.14.

3.12.3.4 Signs: In accordance with Section 5.3, herein.

3.12.4 Lot and Building Requirements:..Hotels or motels shall comply with all lot and building requirements for such uses located in CDD-1, Section 3.16, herein. Other buildings and uses shall comply with all lot and building requirements as set forth hereinafter.

3.12.4.1 Minimum Lot Requirements:

(1) Lot Area: ..1 acre

(2) Lot Width: 100 feet

(3) Lot Depth: 200 feet

3.12.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses:

(a) Front Yard: 30 feet

(b) Side and Rear Yards: 20 feet except side and rear yards option when abutting navigable water.

(2) Accessory Uses: Front, side and rear yards for parking not less than 20 feet. Front, side and rear yards for all other accessory uses, exclusive of signs, shall not be less than the established principal use yard requirements.

(3) Buffer Strip: An adequate buffer strip shall be provided adjacent to any Residential District. Said buffer strip shall be equal to or greater than 10 percent of the average lot width for side yards or average lot depth for rear yards, whichever is applicable, but not less than 30 feet. The landscaping in buffer strips shall comply with Article V, Section 5.14.

3.12.4.3 Building Requirements:

(1) Design:..Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height:..No building or structure shall exceed 120 feet in height.

(5) Building Areas: A maximum of 50 percent or less as required by off-street parking and loading regulations.

(6) Floor Area Ratio: A maximum 0.75 FAR, exclusive of accessory parking garages or structures.

3.12.5 Prohibited Uses: The following uses shall be expressly prohibited.

3.12.5.1 Any building or use prohibited in Industrial Districts, Section 3.11.5, herein except as provided for in 3.11.5.1.

3.12.5.2 No trucking terminal facilities for handling freight or material with or without maintenance facilities shall be permitted; except for clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own use.

3.12.5.3 Trash hauling, solid waste processing, construction and demolition debris storage and processing, recycling plants, and volume reduction facilities. To the extent that these uses are accessory to the permitted principal uses, they shall be allowed.

SECTION 3.13 WATERFRONT DESIGN DISTRICT: WDD

There exists in the City of Milford, community assets of such character that it is not in the public interest to establish specific development characteristic for each parcel of land. The Plan of Conservation and Development recognizes the asset of shorefront property and its great value to the community. Therefore, in harmony with the principles of the Plan of Conservation and Development, a special district known as "Waterfront Design District" is hereby established in areas which are found to comply with the conditions and safeguards as set forth hereinafter.

3.13.1 Permitted Uses: All uses in Waterfront Design Districts shall be deemed to be Special Uses.

3.13.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses in Waterfront Design Districts, subject to Special Permit and Site Plan approval in accordance with ARTICLE VII, herein.

3.13.2.1 One-Family dwellings as provided and regulated in One-Family Residential Districts, Section 3.1 herein; subject to the limitations of Section 3.13.4, herein.

3.13.2.2 Boarding houses, as provided and regulated in One Family Residential Districts, Section 3.1.2.2 herein.

3.13.2.3 Multiple-family dwellings as provided and regulated in RMF-16 Residential Districts, Section 3.3.2.2(5) and (6), 3.3.3.1, 3.3.4.2(1) and 3.3.4.3(1), (3) & (6), thereof, subject to the limitations of Section 3.13.4, herein.

3.13.2.4 Marinas as provided and regulated in the Boating Business District, Section 3.7 herein; but not including outdoor boat storage.

3.13.2.5 Retail businesses as provided and regulated in Milford Center Design Development District, Section 3.21.1.1, herein.

3.13.2.6 A private beach with accessory uses including bath houses, swimming pool or off-street parking areas.

3.13.2.7 Public buildings, uses or facilities.

3.13.2.8 Public utility buildings or facilities.

3.13.2.9 Mixed use buildings containing one or more Special Uses, but not including any dwelling units.

3.13.2.10 A change in the use of interior space of an existing building in a Waterfront Design District shall not require either an amendment to a Special Permit and/or Site Plan Approval provided that such use is listed in Section 3.13.2 or 3.13.3 and further provided that no exterior structural changes to the existing building shall be made in connection with such changed use; and further provided that a public hearing shall be required for all uses regulated by this section (indoor places of entertainment and other similar indoor uses). Requests for change of use to be considered under the provisions of this section shall be in accordance with Section 8.8.2 Change of Use.

3.13.2.11 Use Conditions: Notwithstanding any other applicable provisions of these Regulations, the above Special Uses shall be subject to the following additional conditions and safeguards:

(1) Site Plan Requirement: Any application for new buildings or structural alterations shall be accompanied by building plans, floor plans and elevations prepared by a Registered Architect and/or Professional Engineer, and by a detailed landscaping plan showing all grading, drainage, fences, walls, shrub and tree plantings, and other landscaping features.

(3) Street Access: No use shall be approved by the Board unless the lot and/or subdivision has suitable frontage on a street which is adequate to accommodate the potential traffic generation from such use.

(4) Utilities: No use shall be approved by the Board unless the use is served by an approved public sanitary sewerage system and supplied with water from an approved public water supply.

3.13.2.12 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.13.3 Accessory Uses: The following accessory uses shall be allowed:

3.13.3.1 Any accessory building or use as otherwise provided for principal uses in Section 3.13.2 above.

3.13.3.2 Accessory storage of equipment, material or supplies within completely enclosed buildings.

3.13.3.3 Other accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with the principal use.

3.13.3.4 Off-Street Parking and Loading: In accordance with the applicable provisions of Section 5.1, herein, subject to the following additional conditions and safeguards:

(1) Off-street parking shall be so located that it is within reasonable walking distance of any relationship to the use served. Off- street parking areas shall be set back at least 10 feet from any street or lot line and the space between said street or lot line and such parking area shall be suitably landscaped.

(2) Under no condition shall a parking lot be designed to contain more than 50 spaces, and if more spaces are required in the general area, a suitably landscaped area, at least 10 feet wide, shall separate the parking areas. Landscaping in parking areas shall conform with Article V, Section 5.14.

3.13.3.5 Signs: In accordance with the applicable provisions of Section 5.3, herein.

3.13.4 Lot and Building Requirements: The allowable uses shall comply with all applicable lot and building requirements governing such use as specified in Section 3.13.2, herein; except where the lot and building requirements as set forth hereinafter, are more restrictive. The Board shall determine which provisions may be construed to be more or less restrictive.

3.13.4.1 Minimum Lot Requirements:

(1) Lot Area: 2 acres

(2) Lot Width: Optional

(3) Lot Depth: 300 feet

(4) Water Frontage: At least 1/5 of the perimeter of the site must abut navigable tidal water body and/or public lands which abut said water body.

3.13.4.2 Minimum Yard & Open Space Requirements:

(1) Principal & Accessory Uses: Front, side and rear yards for:

(a) All residential and accessory residential buildings shall be not less than 30 feet and not less than the height of the building.

(b) All non-residential buildings shall be not less than 20 feet.

(2) Usable Open Space: Subject to all other applicable provisions and limitations of these Regulations, the Board shall require recreation areas suitable for all facilities.

3.13.4.3 Building Requirements:

(1) Design:..Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height:..No building or structure shall exceed the applicable height limitations governing such use as specified by reference to Section 3.3.4.3(3) in Section 3.13.2, herein.

(5) Building Area: A maximum of 30 percent; provided that no more than 20 percent of the lot shall be occupied by mid-rise residential buildings.

(6) Dwelling Units: The maximum permitted number of dwelling units to be contained in any combination of residential buildings shall not exceed a net density of 10 dwelling units per acre, nor 22 bedrooms per acre, where net density refers to the parcel of land exclusive of street rights-of-way. The Board shall determine which rooms may be construed to be bedrooms.

3.13.5 Prohibited Uses: Any building or use which will not comply with the Performance Standards of Section 5.11, shall be prohibited.

SECTION 3.14 OPEN SPACE DISTRICT: OS

Definition:

Land that is dedicated to remain largely in an undeveloped state for purposes of providing passive or active recreation, wildlife or nature preserves, farmland, forests, and other open space purposes, shall be classified as Open Space.

The following classes of land dedicated to remain in an undeveloped state shall be classified as Open Space:

3.14.1 Municipally owned beaches, forests, wetlands, parks or outdoor recreation areas, excluding recreation areas of public schools.

3.14.2 State or Federal parks, forests, wetlands, beaches, wildlife or nature preserves, and other areas permanently dedicated to open space.

3.14.3 Private forests, wildlife or nature preserves or other areas held in open space or conservation use in perpetuity by the Milford Land & Conservation Trust or similar organizations.

3.14.4 Farmland dedicated to farming through the transfer of development rights pursuant to Section 22-26CC of the Connecticut General Statutes.

3.14.5 Land reserved for open space in accordance with Section 3.10 of the Subdivision Regulations of the City of Milford.

Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

SECTION 3.15 BEACH EROSION ZONE: BEZ

The Beach Erosion Zone shall include all land area created by fill operations or other engineering works after January 1, 1955, as part of any beach improvement, beach maintenance, erosion control, or flood control program instituted by a public agency and located to the water side of the mean high watermark of Long Island Sound as it existed or exists on the date such project is begun, and as shall be more specifically determined by the Director of Public Works. Such map of the existing mean high watermark will be part of these Regulations.

3.15.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following uses, but not including buildings, in Beach Erosion Zones, subject to Site Plan Approval in accordance with ARTICLE VII, herein.

3.15.1.1 Public parks or playgrounds or public beach facilities, and accessory uses to such public facilities.

3.15.1.2 Private beach or recreation facility accessory to a residential use located on the same lot or an adjoining lot, provided such facility shall not be operated as a club.

3.15.1.3 Private beach or recreation facility accessory to a club, association, or similar organization not operated for compensation.

3.15.1.4 Parking area accessory to a use allowed on the lot or an adjoining lot.

3.15.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may permit the following structures or uses, subject to Special Permit and Site Plan approval in accordance with ARTICLE VII, herein.

3.15.2.1 Structures, piers, seawalls, bulkheads, docks or fences constructed as part of a public program for beach maintenance or protection.

3.15.2.2 Groins or jetties constructed by non-public persons, clubs or associations, for the purpose of preventing erosion, may not be erected higher than two feet above mean high watermark. Groins and jetties shall comply with the Milford Coastal Management Plan and the Connecticut Coastal Management Act, where applicable.

3.15.2.3 Such other structures intended and designed to protect the beach and/or uplands from erosion, may be constructed after Special Exception and consent of the Planning and Zoning Board.

3.15.2.4 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.15.3 Accessory Uses: Only accessory structures or uses as provided in Section 3.15.1 and 3.15.2 above, shall be permitted in Beach Erosion Zones.

3.15.4 Lot and Building Requirements: Structures and uses shall comply with all lot and building requirements, as determined by the Board; except for approved flood and erosion control works and structures.

3.15.5 Prohibited Uses: Any building, structure, or use which will not comply with the Flood Hazard Regulations of Section 5.8, shall be prohibited.

SECTION 3.16.. CORRIDOR DESIGN DEVELOPMENT DISTRICT 1 – COMMUNITY DESIGN: CDD-1

Purpose: The purpose of the Corridor Design Development District 1 – Community Design is to enhance a section of U.S. Route 1 which serves as a gateway to Milford as well as a location of uses which support the tax base, provide goods and services, and housing development which transitions to adjacent neighborhoods. As is the case with all Corridor Design Development Districts, a high level of design is established for the review of development proposals within the Site Plan review procedure.

3.16.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings or uses in the Corridor Design Development District 1 – Community Design, subject to Site Plan Approval in accordance with ARTICLE VII, herein.

3.16.1.1 Stores for sale of goods or for performance of personal services, provided that the floor area shall not exceed 10,000 square feet nor have a drive-up window service.

3.16.1.2 Food or beverage service establishments, without the sale of alcoholic liquor, except as otherwise provided herein. This shall not include fast food restaurants as defined in Article XI, 11-2.

3.16.1.3 Offices for business, financial, professional or personal services or other similar offices, provided that the floor area shall not exceed 10,000 square feet.

3.16.1.4 Building equipment, merchandise, materials or supply businesses, provided that the principal use is within a completely enclosed building.

3.16.1.5 Printing or publishing establishments, provided that the floor area shall not exceed 3,000 square feet per establishment.

3.16.1.6 Metal, woodworking or other similar shops or repair services, provided that the floor area shall not exceed 3,000 square feet per shop.

3.16.1.7 Self-service laundry not using steam, provided that the floor area shall not exceed 1,500 square feet per establishment.

3.16.1.8 Dry cleaning or dyeing establishments using non-flammable solvents, provided that the floor area shall not exceed 3,000 square feet per establishment and subject to approval of the cleaning solvents by the Fire Department and approval of the method of waste disposal by the Departments of Public Works and Public Health.

3.16.1.9 Off-street parking garages or lots.

3.16.1.10 Mixed Use buildings containing two or more Permitted Uses.

3.16.1.11 Sale of alcoholic liquor subject to the applicable provisions of Section 5.5 herein.

3.16.1.12 Commercial schools as defined herein.

3.16.1.13 Health centers or clubs, including reducing salons, steam baths or other similar uses.

3.16.1.14 Outdoor places of entertainment, amusement, recreation or assembly such as miniature golf, golf driving range or other similar open space uses.

3.16.1.15 Drive-in establishments, as defined herein and including retail sales with curb service and carry out food service.

3.16.1.16 Eating places containing a minimum floor area of 2,000 square feet, subject to the provisions of Section 5.5 herein, notwithstanding Sections 5.5.1.2 and 5.5.4.1.

3.16.1.17 Veterinary hospitals.

3.16.2 Special Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board may allow the following buildings or uses, subject to Special Permit and Site Plan Approval in accordance with ARTICLE VII herein.

3.16.2.1 Mixed use buildings containing dwelling units, subject to the following conditions and safeguards:

(1) No mixed use building shall have more than 67% of the total gross floor area devoted to residential use.

(2) Each dwelling unit shall comply with the following minimum floor area requirements:

(a) Efficiency bedroom unit: 425 square feet

(b) One bedroom unit: 575 square feet

(d) Three bedroom units: 925 square feet

(e) Plus 175 square feet for each additional bedroom over three.

3.16.2.2 Multi-family residential buildings when at least 30% of the units are defined as affordable housing in accordance with Section 8-30g of the Connecticut General Statutes.

(1) Such developments shall be limited to efficiency, one bedroom and two bedroom units.

(2) The maximum number and designation of all units by type shall be determined by allocating the total area of the tract of land in accordance with the following schedule:

(a) 1,000 square feet per one bedroom or efficiency unit; and

(b) 2,000 square feet per two-bedroom unit.

(3) The maximum building coverage shall be twenty five percent (25%); maximum lot coverage shall be sixty percent (60%).

(4) The minimum size of the living area of each type of unit shall be determined in accordance with the following schedule:

(a) Two-bedroom Units - 900 sq. ft. minimum;

(b) One-bedroom Units - 800 sq. ft. minimum;

(5) The minimum lot size shall be 40,000 square feet.

(6) No building shall exceed three (3) stories nor forty (40) feet in height.

3.16.2.3 Commercial garage, gasoline station, vehicle repair and/or service garage, vehicle dealership, vehicle washing establishment, or other similar uses; subject to all applicable provisions of Section 5.4 herein.

3.16.2.4 Hotels or motels containing a minimum of fifty (50) rooming units, subject to the following conditions and safeguards:

(1) Rooming Units: Each rooming unit shall have a minimum floor area of 250 square feet and shall contain private bathing, lavatory and flush toilet facilities.

(2) Common Floor Area: There shall be provided lobby and common floor area, excluding hallways, equal to at least 5% of the total floor area of all rooming units, but not less than 300 square feet.

(4) Utilities: No hotel or motel shall be approved by the Board unless the building is served by an approved public sanitary sewerage system.

(5) Minimum Lot Requirements: Lot Area per rooming unit: 1,100 square feet.

(6) Minimum Yard and Open Space Requirements:

(a) Principal Uses: Front Yards: 50 feet; Side and Rear yards: 10 feet, or 25 feet if contiguous to any Residential District.

(b) Accessory Uses: Front, side and rear yards for parking, loading and vehicular access areas shall not be less than 10 feet. Front, side and rear yards for other accessory uses, exclusive of signs, shall not be less than the principal use yard requirements.

(7) Building Requirements: Building requirements shall be subject to the provisions of Section 3.16.4.3 herein, except that the building area shall not exceed 25 percent.

3.16.2.5 Clubs, lodges or fraternal organizations in accordance with the provisions of Section 3.8.2.1 herein.

3.16.2.6 Churches or religious institutions.

3.16.2.7 Public charitable institutions.

3.16.2.8 Library, community center or other public buildings.

3.16.2.9 Parks, playgrounds or other public facilities.

3.16.2.10 Public utility buildings or facilities.

3.16.2.11 Mixed use buildings containing one or more Special Uses.

3.16.2.12 Indoor places of entertainment, amusement, recreation or assembly, such as theaters, billiard rooms, bowling or other similar indoor uses.

3.16.2.13 The manufacturing, fabricating, assembling or processing of goods and products; provided that the use, as well as storage and accessory uses, are completely within an enclosed building.

3.16.2.14 Stores for sale of goods or for the performance of personal services when the floor area exceeds 10,000 square feet or has drive-up window service.

3.16.2.15 Fast food restaurants as defined in Article XI, 11-2.

3.16.2.16 Restaurants with an outdoor customer dining area as defined in Section 11-2.

3.16.2.17 Offices for business, financial, professional or personal services or other similar offices when the floor area exceeds 10,000 square feet.

3.16.2.18 Accessory buildings or uses clearly subordinate and customarily incidental to and located on the same lot with any of the foregoing Special Uses may be approved by the Board in the same manner as a Permitted Use, unless the Board requires a public hearing. Those not complying with 3.16.3.3 shall require a Special Permit.

3.16.2.19 Extended stay hotels.

3.16.2.20 Other related or equivalent principal buildings or uses, which are not specifically listed and are not prohibited, may be permitted by the Board by Special Exception in accordance with Section 7.3.

3.16.2.21 Any building may be converted to 100% residential use exceeding the 50% limitation imposed by Section 3.16.2.1(1). Such building shall be subject to the provisions of 3.16.2.2.

3.16.3 Accessory Uses: The following accessory uses shall be allowed:

3.16.3.1 Converting, altering, finishing, cleaning, assembly or other processing of products which is clearly subordinate and customarily incidental to the principal use and where goods so produced or processed are used or sold exclusively on the premises; provided that the area used for such purposes shall be within a completely enclosed building.

3.16.3.2 Accessory outside storage of equipment, merchandise, materials or supplies which is clearly subordinate and customarily incidental to the principal use and where goods so stored are used or sold exclusively on the premises; provided that the area used for outside storage shall be limited to 15% of the lot area and shall be effectively screened on all sides by appropriate structures, fencing, walls or landscaping of suitable type, density and height, as determined by the Board.

3.16.3.3 Other accessory buildings or uses which are clearly subordinate and customarily incidental to and located on the same lot with the principal use, and that will not be hazardous to the public health, safety and welfare.

3.16.3.4 Off-street parking and loading in accordance with Section 5.1, herein; except that off-street parking, loading, and vehicular access shall be provided in the manner and to the extent determined by the Board to be adequate for any mixed use building notwithstanding the applicable provisions of Section 5.1.4, herein.

3.16.3.5 Signs: In accordance with Section 5.3, herein.

3.16.4 Lot and Building Requirements:..Buildings and uses shall comply with all lot and building requirements as set forth hereinafter.

3.16.4.1 Minimum Lot Requirements:

(1) Lot Area: 10,000 square feet

(2) Lot Width: 50 feet

(3) Lot Depth: 100 feet

3.16.4.2 Minimum Yard and Open Space Requirements:

(1) Principal Uses:

(a) Front Yard: 20 feet

(b) Side & Rear Yards: None required, but at least 4 feet if provided. Lots adjacent to any Residential District shall comply with 3.16.4.2(4).

(2) Accessory Buildings: Front yard same as for principal uses. Side and rear yards are not required, but shall be at least four (4) feet, if provided.

(3) Usable Open Space Per Dwelling Unit:

(a) Efficiency Unit: 300 sq. ft.

(b) One Bedroom Unit: 400 sq. ft.

(d) Three or More Bedroom Unit: 1,200 sq. ft.

(4) Buffer Strip: An adequate buffer strip, in accordance with Article V Section 5.14 shall be provided adjacent to any Residential District. Said buffer strip shall be equal to or greater than 10% of the average lot width for side yards or average lot depth for rear yards, whichever is applicable but not less than 20 feet; except that the Board may substitute, for a required 10 foot buffer, appropriate fencing or landscaped berm of suitable type and height which shall be installed and maintained by the applicant to effectively screen the use from adjoining Residential Districts.

3.16.4.3 Building Requirements

(1) Design: Buildings shall be designed in such a manner as to be compatible with the lot and in harmony with the general character and appearance of the surrounding neighborhood. Specific attention shall be given to the physical relationship to adjacent residential areas as well as the view from such areas.

(2) Length: Buildings shall not be of such unreasonable length as to adversely affect the general character and appearance of the surrounding neighborhood.

(3) Height: No building or structure shall exceed 40 feet in height.

(5) Building Area: A maximum of 50 percent or less as required by off-street parking and loading regulations.

(6) Floor Area Ratio: A maximum of 1.0 FAR, exclusive of accessory parking garages and structures.

(7) Access Management: The points of vehicular access to Route 1 shall be limited to one (1) for each fifty (50) feet of street frontage.

(8) Landscaping: All site landscaping must comply with the provisions of Article V, Section 5.14

3.16.5 Prohibited Uses: The following uses shall be expressly prohibited.

3.16.5.1 No required parking or loading area shall be used for the storage of new or used vehicles for sale or hire, or for the storage of unregistered vehicles.

3.16.5.2 No principal warehouse or storage, junk yard, or principal outside storage yards shall be permitted.

3.16.5.3 No trucking terminal facilities for handling freight or material with or without maintenance facilities shall be permitted; except for clearly subordinate and customarily incidental delivery departments or off-street loading facilities operated by business concerns for their own uses.

3.16.5.4 Any building or use which will not comply with the Performance Standards of Section 5.11 shall be prohibited.

SECTION 3.17 CORRIDOR DESIGN DEVELOPMENT DISTRICT 2 – DEVON CENTER – NAUGATUCK AVENUE : CDD-2

Purpose: The purpose of the Corridor Design Development District 2 – Devon – Naugatuck Avenue Center is to establish the area as a neighborhood center to provide goods and services for the surrounding area as well as specialty retailing with a broader market area. Development in this area must balance this neighborhood center use with the corridor functions of Route 1 as well as Naugatuck Avenue. Development in Devon Center should be based around sound design principles as well as integration with adjacent residential areas. It must be recognized that successful development of Devon as a neighborhood center may require some expansion of the Corridor Design Development District boundaries into some residential districts.

3.17.1 Permitted Uses: Subject to all other applicable provisions and limitations of these Regulations, the Board shall permit the following buildings or uses in the Corridor Design Development District 2 – Devon – Naugatuck Avenue Center, subject to Site Plan approval in accordance with ARTICLE VII, herein.

3.17.1.1 Single family or two-family dwellings.

3.17.1.2 Stores for sale of goods or for performance of personal services, but not including health centers or clubs, including reducing salons, steam baths or similar uses provided that the floor area shall not exceed 5,000 square feet nor have a drive up window service.

3.17.1.3 Food or beverage service establishments without the sale of alcoholic liquor, except as otherwise provided herein.

3.17.1.4 Offices for business, financial, professional or personal services or other similar offices provided that the floor area shall not exceed 5,000 square feet.

3.17.1.5 Dry cleaning or dyeing establishments using non-flammable solvents; provided that the floor area shall not exceed 3,000 square feet per establishment, and subject to approval of the cleaning solvents by the Fire Department and approval of the method of waste disposal by the Departments of Public Works and Public Health.

3.17.1.6 Printing or publishing establishments; provided that the floor area shall not exceed 3,000 square feet per establishment.

3.17.1.7 Off-street parking garages or lots.

3.17.1.8 Mixed use buildings containing two or more permitted uses.

3.17.1.9 Mixed use building containing dwelling units as well as one other permitted use, subject to the following conditions and safeguards:

(1) Each dwelling unit shall comply with the following minimum floor area requirements:

(a) Efficiency bedroom unit 425 square feet

(b) One bedroom unit 575 square feet

ARTICLE I PURPOSES

SECTION 1.1 PURPOSES

ARTICLE II ESTABLISHMENT OF DISTRICTS

SECTION 2.1 LISTING OF DISTRICTS

SECTION 2.2 ZONING MAPS

SECTION 2.3 DISTRICT BOUNDARIES

SECTION 2.4 EXTENT OF DISTRICTS

SECTION 2.5 EFFECT OF ESTABLISHMENT OF DISTRICTS

SECTION 2.6 EFFECT OF ZONING CHANGES ON SUBDIVISIONS

SECTION 2.7 GENERAL REGULATIONS

ARTICLE III DISTRICT USE REGULATIONS

SECTION 3.1 ONE FAMILY RESIDENTIAL DISTRICTS: R-A, R-30, R-18, R-1 2.5, R-1 0, R-7. 5 AND R-5

SECTION 3.2 SINGLE FAMILY ATTACHED RESIDENTIAL DISTRICT: SFA-10

SECTION 3.3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS RMF-9 AND RMF-16

SECTION 3.4 RESIDENTIAL OFFICE DISTRICT: RO

SECTION 3.5 OFFICE DISTRICT: OD

SECTION 3.6 DESIGN OFFICE DISTRICTS: DO-10 AND DO-25

SECTION 3.7 BOATING BUSINESS DISTRICT: BB

SECTION 3.8 BUSINESS DISTRICT: BD

SECTION 3.8-1 BUSINESS DISTRICT: BD-1

SECTION 3.9 SHOPPING CENTER DESIGN DISTRICT: SCD

SECTION 3.10.. LIMITED INDUSTRIAL DISTRICT: LI

SECTION 3.11 INDUSTRIAL DISTRICT.. ID

SECTION 3.12 HOUSATONIC DESIGN DISTRICT HDD

SECTION 3.13 WATERFRONT DESIGN DISTRICT: WDD

SECTION 3.14 OPEN SPACE DISTRICT: OS

SECTION 3.15 BEACH EROSION ZONE: BEZ

SECTION 3.16.. CORRIDOR DESIGN DEVELOPMENT DISTRICT 1 – COMMUNITY DESIGN: CDD-1

SECTION 3.17 CORRIDOR DESIGN DEVELOPMENT DISTRICT 2 – DEVON CENTER – NAUGATUCK AVENUE : CDD-2