ARTICLE 6. WATERFRONT, COMMERCIAL, INDUSTRIAL DISTRICTS, AND RESERVED LAND

6.1. PLANNED WATERFRONT DISTRICT (PW)

6.1.1. Statement of Purpose

The Planning and Zoning Commission of the Borough of Stonington recognizes the central importance of the harbor and other waterfront areas of the Borough, as stated in the Plan of Conservation and Development. Pursuant to the said Plan of Conservation and Development, these Regulations have been designed to: preserve the waterfront, and especially the harbor area for those uses which are dependent upon marine access, and not merely enhanced by it; preserve public access to waterfront areas; preserve waterfront vistas; and permit a flexible mix of compatible marine-oriented uses, subject to strict architectural and site plan review.

6.1.2. Permitted Uses and Use Categories

6.1.2.1. Permitted Principal Uses

Single, two, and multi-family dwellings existing on September 15, 1986

Professional offices only for:

Marine architects

Marine surveyors

Yacht brokerages

Marine insurance brokers

Marine engineering companies

Marine contractors

Museums

Schools

Boat storage and sales yards

Marine hardware, equipment and supplies

Sail lofts

6.1.2.2. Permitted Accessory Uses

Buildings, structures and uses accessory to permitted uses

6.1.2.3. Special Permit Uses

Two and multi-family dwellings, subject to Section 6.1.4

Marinas

Boat-building yards

Marine repair facilities

Commercial fishing operations

Fish fillet plant

Yacht clubs

Tourist homes

Inns

Class II Restaurants

6.1.2.4. Alternate Uses of Existing Buildings

In the Planned Waterfront District, a limited number of existing historic buildings are not generally well suited for water-dependent or water-related uses. Within buildings existing on August 1, 1976, the effective date of adoption of original Zoning Regulations for the Borough of Stonington, the Commission may, by Special Permit, consider and approve any of the following alternate uses, provided that the proposed alternate use will not reduce the potential for future water-dependent or water-related uses for the property.

Museums

Retail trade, as permitted in Section 6.2.2.1 of these Regulations

Professional or business offices, supplies and services

Personal services, as permitted in Section 6.2.2.1 of these Regulations

6.1.2.5. Special Permit Accessory Uses

Tourist homes, as accessory to marinas

Retail sale of gasoline and lubricants, as accessory to marinas

Uses accessory to commercial fishing operations

6.1.3. Bulk Requirements

Minimum required lot area: 20,000 square feet

Minimum frontage: 80 feet

Maximum lot coverage: 35 percent (35%)

Minimum yard widths:

Front: 10 feet

Side: There shall be a minimum of two side yards for every principal building with each side yard having a minimum width of 10 feet, except that the Commission may specifically allow side yards having a combined minimum width of 20 feet where the Commission finds that adjacent lots are being developed in accordance with a single comprehensive plan and applicable building codes are met.

Rear: 10 feet

Maximum building height: 20 feet, except that the Commission may, by Special Permit, consider and approve buildings not to exceed a height of 30 feet.

6.1.4. Conversion to Two or Multi-Family Dwellings

No application for a Special Permit to allow a two or multi-family dwelling shall be accepted by the Commission except for the establishment of such use in a building existing on December 1, 1981. No such conversion to two or multi-family dwellings shall be approved by the Commission unless the requirements of Section 5.3.4 of these Regulations are met.

6.1.5. Additional Requirements for Industrial Uses

The following shall apply to all industrial uses in the Planned Waterfront District:

All outdoor loading or storage areas shall be screened from adjacent residential districts or uses by either a landscaped hedge no less than eight feet in height and having a planting bed no less than six feet in width, which bed shall be protected from any adjacent parking area or driveway by a steel or substantial wood guardrail, or a brick or stone wall having a height of no less than six feet and a base protected from vehicles in the same manner as the aforementioned hedge.

6.1.6. Requirements for Marinas

The following shall apply to all marina uses in the Planned Waterfront District:

6.1.6.1 Marinas shall contain no more than one berth or slip for every five hundred square feet of adjacent land area owned by said marina and utilized for permitted accessory marina uses, parking and open space.

6.1.6.2 Every marina shall provide a pump-out facility for marine sanitary devices, which dump station shall be connected to municipal sewer or to a septic system approved by appropriate health officials, and where required, by the Connecticut Department of Environmental Protection.

6.1.7. Waterfront Public Access

Public access to properties in the Planned Waterfront District shall be provided as follows:

6.1.7.1. No public access shall be required for any existing or proposed single-family or two-family dwelling.

6.1.7.2. For marinas, boat storage and sales yards, boat-building yards, boat rental liveries, marine repair facilities, commercial fishing operations, and fish fillet plants, no site plan or Special Permit shall be approved unless the plan therefor shall designate an area for public access, provided such public access can be designed or located so as to be compatible with the proposed use. Said public access shall, where required, be as close to the high tide line as is feasible, and shall be of a width suitable to permit public viewing of the water and the marine activities adjacent to it. In applying this requirement, the Commission shall attempt to reconcile the need for public safety and unhindered operation of marine activities with the desire of the public to view a vanishing part of the marine landscape.

6.1.7.3. For all other uses permitted with the Planned Waterfront District, no site plan or Special Permit shall be issued unless the plan therefor shall designate an area for public access. Such public access shall be parallel to the high tide line, shall be located not more than forty feet distant from the high tide line, and shall be designed so that it retains an unobstructed view of the subject marine frontage along its entire length. The width of the waterfront public access shall be as wide as is feasible, considering the size and shape of the parcel, but in no case less than five feet width. The public access shall be improved as a pedestrian walkway and otherwise landscaped and improved as the Commission may require pursuant to its review under Section 9 of these Regulations.

Regardless of its location, the public access shall be connected to a public street by a public right-of-way having a minimum width of five feet, which public right-of-way shall be improved as a pedestrian walkway.

Both the public access and the connecting right-of-way shall be monumented in the field prior to the issuance of a Certificate of Occupancy, and shall be made to run with the land by granting a permanent easement to the Borough of Stonington.

6.1.8. PAD Eligibility

The Planned Waterfront District shall be eligible for consideration of an application for Planned Area Development, pursuant to Section 7 of these Regulations.

6.1.9. Requirements for Restaurants

The following requirements shall apply to all restaurants in the Planned Waterfront District:

6.1.9.1. Class II Restaurants permitted, Special Permit required.

6.1.9.2. There shall be no drive-in, curb service or take-out window permitted.

6.1.9.3. Any restaurant shall be primarily contained within a permanent building, and any outside seating must be approved by the Commission.

6.1.9.4. Any restaurant which utilizes an open grill or other exposed heat source for cooking shall provide whatever equipment may be required to minimize the emission of smoke, noxious odor, or grease from the building.

6.1.9.5. Vents for emission of smoke, odor, or grease shall only be permitted from the side of the building directly onto a street or above the roofline of the building. In no case shall a vent be permitted within twenty feet of a residential unit.

6.1.9.6. There shall be no live or recorded sound played or projected outside the restaurant building unless permitted as a condition of the site plan, the special permit, or a zoning permit.

6.2. PLANNED COMMERCIAL DISTRICT (PC)

6.2.1. Statement of Purpose

The Planning and Zoning Commission of the Borough of Stonington wishes to protect its central business district along Water Street, and to prevent the sprawl of commercial development in other parts of the Borough because of the deterioration which this would cause to the existing commercial area and the inevitable traffic congestion which scattered commercial development would entail for the Borough’s fragile circulation system. In keeping with the goals of the Plan of Conservation and Development, the commercial area of the Borough is to be preserved for primarily local service needs, as opposed to a major tourist orientation, while still preserving the architectural character of the areas most frequented by the public, and which give the Borough its attractiveness both as a place to live and a place to visit.

6.2.2. Permitted Uses and Use Categories

6.2.2.1. Permitted Principal Uses

Single, two and multi-family dwellings existing on September 15, 1986

Not more than one dwelling unit, on other than the ground floor of any building

Retail trade of:

Alcoholic beverages for off-premises consumption

Art and craft goods

Books and paper goods

Clothing, dry goods and accessories

Drugs and sundries

Electrical appliances and housewares

Furniture and antiques

Gifts and general merchandise

Groceries and food

Hardware

Marine supplies

Music and musical instruments

Pharmacy

(and other retail uses of similar nature and impact as determined by the Commission)

Class 1 Restaurants

Professional or business offices, supplies and services

Personal services:

Athletic club

Barber shop or beauty shop

Dry-cleaning without on-premises cleaning

Tailor shop

Appliance and equipment repair

Garage, parking

6.2.2.2. Permitted Accessory Uses

Buildings, structures and uses accessory to permitted principal uses

6.2.2.3. Special Permit Uses

Two and multi-family dwellings, on other than the ground floor of any building, and further subject to Section 6.2.4 of these Regulations

Class II Restaurants

Schools, profit and non-profit

6.2.3. Bulk Requirements

Minimum required lot area: 6,000 square feet

Minimum frontage: 65 feet

Maximum lot coverage: 50 percent (50%)

Minimum yard widths:

Front: no requirement

Side: 6 feet, except that the Commission may specifically allow side yards having a combined minimum width of twelve feet, where the Commission finds that adjacent lots are being developed in accordance with a single unified and comprehensive plan and the applicable building codes are met.

Rear: 10 feet

Side yards, total: both sides 12 feet, one side 6 feet

Floor area ratio: 80 percent (80%)

Maximum building height: 30 feet

6.2.4. Conversion to Two or Multi-Family Dwellings

No application for a Special Permit to allow a two or multi-family dwelling shall be accepted by the Commission except for the establishment of such use in a building existing on December 1, 1981 (the date of adoption of this provision). No such conversion to two or multi-family dwellings shall be approved by the Commission unless the requirements of Section 5.3.4 of these Regulations are met.

6.2.5. Requirements for Restaurants

The following requirements shall apply to all restaurants in the Planned Commercial District:

6.2.5.1. Class I and II Restaurants permitted

6.2.5.2. Class I Restaurant - Site Plan required

Class II Restaurant - Special Permit required

6.2.5.3. There shall be no drive-in, curb service or take-out window permitted.

6.2.5.4. Any restaurant shall be primarily contained in a permanent building, and any outside seating must be approved by the Commission.

6.2.5.5. Any restaurant which utilizes an open grill or other exposed heat source for cooking shall provide whatever equipment may be required to minimize the emission of smoke, noxious odor, or grease from the building.

6.2.5.6. Vents for emission of smoke, odor, or grease shall only be permitted from the side of the building directly onto a street or above the roofline of the building. In no case shall a vent be permitted within 20 feet of a residential unit.

6.2.5.7. There shall be no live or recorded sound played or projected outside the restaurant unless permitted as a condition of the site plan, the special permit, or a zoning permit.

6.2.6. Off-Street Parking

Off-street parking will be provided in accordance with Section 2.8 of these Regulations.

6.2.7. Signs

All signs shall be in accordance with Section 3.7 of these Regulations.

6.2.8. Environmental Protection

All development is subject to the requirements of Section 3.3 of these Regulations.

6.2.9. Uses Exempt from Site Plan Review

With the following exceptions, all uses in this district are subject to the site plan review requirements of Section 9 unless such requirements are specifically waived by the Commission under Section 9.2.

6.2.10. PAD Eligibility

The Planned Commercial District shall be eligible for consideration of an application for Planned Area Development, pursuant to Section 7 of these Regulations.

6.3. PLANNED INDUSTRIAL DISTRICT (PI)

6.3.1. Statement of Purpose

The Planning and Zoning Commission of the Borough of Stonington recognizes the historical importance of industrial uses within the Borough and supports the continuation of such uses where it is practical to do so. At the same time, the Commission wishes to prevent the extension of industrial development to other areas of the Borough, due primarily to the traffic congestion that would result from the impact of scattered industrial development on the fragile traffic circulation system and narrow roads within the Borough.

In keeping with the Goals and Objectives of the Plan of Conservation and Development, most specifically those dealing with “Economic Development”, the Commission encourages the creative reuse of any industrial properties which have, or may have become vacant or obsolete, while emphasizing the preservation and enhancement of the historic architectural character of existing industrial areas. It is further recognized that any development in industrial areas must be compatible with adjacent uses, and that industrial sites must be made as attractive, quiet and otherwise unobtrusive as their nature allows.

6.3.2 Permitted Uses and Use Categories

6.3.2.1. Permitted Principal Uses

Manufacturing, processing and assembly operations located entirely within a building or buildings, but excluding basic processing and manufacturing of materials or products predominantly from extracted raw materials

Printing and publishing establishments

Research laboratories and related offices

Marine science facilities

Art and craft galleries and studios

Business and professional offices

Warehouse and distribution facilities

6.3.2.2. Permitted Accessory Uses

Retail sale of products or goods manufactured, produced or warehoused on the premises, provided that the sale and display of such products or goods shall be located wholly within the same space in which those items have been manufactured, produced or warehoused, and provided

that said retail sale is subordinate and incidental to the principal use. If more than one principal use is being conducted on the premises, the term “same space,” as used in this section, shall refer only to the portion of the premises occupied by the specific principal use in which the products or goods to be sold were manufactured, produced or warehoused.

6.3.2.3. Special Permit Uses

Yard for building, storing, repairing, selling, renting or servicing boats, which may include offices for the sale of marine equipment or products, and other facilities normally found as a part of a boatyard.

Retail trade uses that are listed in Section 6.2.2.1 (Permitted Principal Uses in Planned Commercial District) and that are not generally permitted pursuant to Section 6.3.2.1.

6.3.2.4. Special Permitted Accessory Uses

Sales of goods from warehouses located on the same lot, subject to the following restrictions and limitations:

A. Such sales must occur entirely within the building in which the principal use is conducted.

B. The sales area of the building shall be clearly identified by the owner on a building plan and shall be a maximum of five thousand (5,000) square feet exclusive of the halls and public access area. The sales area must be within the warehousing area.

C. The parking area proposed for use during the sales event shall be clearly delineated on the site plan.

D. The entity conducting the sales event shall provide, at its own cost, such traffic and safety control measures, including but not limited to traffic patrolmen and traffic signs, as the Commission may find to be necessary to avoid undue traffic congestion and hazards.

E. Sales shall be allowed only in periodic events of short duration. No sales event shall exceed three consecutive calendar days in duration. For example, a sale begun at any time on a Friday must be concluded no later than the following Sunday. No more than four sales events may occur on any lot in any calendar year, regardless of the number of tenants or principal uses on the lot. No sales shall occur on the lot except as provided in this section or in Section 6.3.2.2.

F. No sales event may be commenced unless the commission has received written notice of the event at least fourteen (14) days before the beginning of the event. The mailing of a notice to the Commission shall not be deemed to satisfy this requirement if the Commission does not actually receive the notice. It shall be the applicant’s responsibility to assure that the Commission has actually received the notice at least fourteen (14) days before the beginning of the proposed sales event.

6.3.3. Bulk Requirements

Minimum required lot area: 20,000 square feet

Minimum frontage: 80 feet

Maximum lot coverage: 50 percent (50%) of total lot area

Maximum floor area: 100 percent (100%) of total lot area

Minimum yard widths:

Front: 10 feet

Side: 10 feet

Rear: 20 feet

Side yards, total: total both sides 30 feet, one side 10 feet

Floor area ratio: 80 percent (80%)

Maximum building height: 30 feet

6.3.4. Additional Use Requirements

In addition to requirements elsewhere in these Regulations, the following requirements shall apply to all uses in the Planned Industrial District:

6.3.4.1. To the greatest extent practicable, redevelopment of existing industrial sites shall include creative re-use of existing industrial buildings of significant historic and architectural interest.

6.3.4.2. All new construction shall be designed to complement the character of existing development on site and within the surrounding area, and should relate to the surrounding area with regard to texture, scale, mass, proportion and color.

6.3.4.3. For all new uses or changes of use requiring a total of fifty or more parking spaces, the applicant shall provide a written traffic impact analysis, prepared by a recognized traffic engineer, indicating the expected average daily vehicular trips, peak hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, and the effect upon the level of service on the street or streets giving access to the site.

6.3.5. Off-Street Parking

Off-street parking will be provided in accordance with Section 2.8 of these Regulations.

6.3.6. Signs

All signs shall be in accordance with Section 3.7 of these Regulations.

6.3.7. Environmental Protection

All development is subject to the requirements of Section 3.3 of these Regulations.

6.3.8. Uses Exempt from Site Plan Review

All uses in this district are subject to the site plan review requirements of Section 9 unless such requirements are specifically waived by the Commission under Section 9.2.

6.4. RESERVED LAND (RL)

6.4.1. Statement of Purpose

The Planning and Zoning Commission of the Borough of Stonington recognizes that land which is owned by public and quasi-public agencies must be used for public purposes in ways which do not fit into normal land use patterns of the Borough. The purpose of the Reserved Land District is to provide such agencies with the flexibility which they require in order to serve the public welfare within the limits of their respective functions and yet to insure that the Borough will have full control over activities which are outside the normal operational activities of said public or quasi-public agencies, or which may have an impact on the character or public welfare of the Borough.

6.4.2. Permitted Uses and Use Categories

6.4.2.1. Permitted Principal Uses

Libraries

Public parks and playgrounds

Utilities, including underground pipes or conduits for the transmission of gas, electricity, water, sewerage, cable television, and the like.

Transportation facilities including railroad tracks, commercial fishing docks/piers, and yards for the maintenance thereof, and any above-ground buildings associated therewith

6.4.3. Bulk Requirements

Minimum required lot area: no requirement

Minimum frontage: no requirement

Maximum lot coverage: 60 percent (60%)

Minimum yard widths:

Front: no requirement

Side: 6 feet per side

Rear: 6 feet

Side yards, total: both sides 20 feet, one side 10 feet

Floor area ratio: none

Maximum building height: 20 feet

6.4.4. Other Requirements

All development is subject to the requirements of Section 3.3 of these Regulations and other applicable provisions elsewhere in these Regulations, including the site plan review requirements of Section 9.