ARTICLE 2.

GENERAL PROVISIONS

2.1. Conflicting Regulations

When any provision of these Regulations imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other applicable ordinance, statute or law, or the approval of any other governmental agency, including other agencies of the Borough or Town of Stonington, the provisions of these Regulations shall apply and govern.

2.2. Covenants Not Annulled

These Regulations are not intended to abrogate or annul any easement, covenant, or other private agreement which may touch or concern the land within the Borough.

2.3. Permitted Uses

No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered in such manner as to be designed, arranged, intended or used for any purpose other than the uses permitted in the zone in which the building or structure is located, except as provided in Section 2.9 (Non-Conforming Uses and Structures) of these Regulations. Likewise, no parcel of land shall be used, designed or arranged for any purpose other than the uses permitted in the zone in which that land is located, except as provided in Section 2.9 of these Regulations.

2.4. Permitted Area, Yards and Lot Coverage

No building or structure shall be erected, enlarged, or otherwise modified except

In conformity with the area, frontage, yards and lot coverage requirements of the district in which building or structure is located, except as may be otherwise specifically authorized elsewhere within these Regulations.

2.4.1. Yards and Open Space Required for Each Building

No space which has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required for any building under these Regulations may be counted or calculated to satisfy yard or open space requirements for any other building.

 

2.4.2. Projections Into Required Yard Areas

In determining compliance with the minimum setback requirements established within these Regulations, the controlling distance on each lot shall be measured between the applicable lot line and the closest point thereto on any building or structure erected on said lot, and no portion of any roof overhang, chimney, cornice, heat pump, or other similar architectural or mechanical feature shall project into any required yard area, that architectural design features including eaves, gutters, cornices, entablatures, lintels, sills and other decorative features may project not more than twelve inches from the wall of a structure into the required yard area, provided that no additional interior space is created. Utility meters are exempt from this requirement. Any addition to a structure with a non-conforming setback shall fully conform to setback requirements in both ground floor and elevated additions, except as provided in Section 2.4.2.1.

2.4.2.1. The Commission may, by Special Permit, allow an addition to a structure with a non-conforming setback to be erected in a required yard area, if the Commission finds that such a projection is necessary for one or more of the following reasons:

a. The addition must be designed to meet Building Code requirements which have been enacted since the structure was originally constructed;

b. The addition is necessary in order to protect public health or safety;

c. Conformance with the required setback would result in incompatible and inappropriate architectural design or construction.

2.5. Determination of Required Lot Area

In all zones, land which has been mapped by the U.S. Department of Agriculture,

Soil Conservation Service, as “inland wetlands”, or by the State of Connecticut Department of Environmental Projection as “tidal wetlands” shall not be used to satisfy more than twenty-five percent (25%) of the requirements of minimum lot area. No submerged land or property which is seaward of the mean high tide line at the time of adoption of these Regulations shall be used in satisfying the requirements of minimum lot area.

2.6. Design Overlay Zone

 

2.6.1. Purpose

The purpose of this Design Overlay Zone is to allow development which will protect, preserve, and enhance the unique historical and architectural qualities of the Borough, and impose limited design controls in order to retain the Borough's distinctive architectural character and scale.

 

2.6.2. Conformance

Within this zone, uses and development shall be in conformance with the Borough's Plan of Conservation and Development and Section 2.6, as applicable.

 

2.6.3. Applicability

Applies to: Section 5.1 – Residential District One (R-1), Section 5.2 – Residential District Two (R-2), Section 5.3 – Residence Preservation District (RP).

 

2.6.4. Preservation and Protection of Distinctive Characteristics

Renovations, substantial improvements, and new construction shall promote the cultural, economic, educational, and general welfare of the citizens of Stonington Borough through the preservation and protection of the distinctive characteristics of buildings or structures and places significant in the history of Stonington Borough.

2.6.4.1. Renovations, substantial improvements, and new construction shall preserve and protect the Borough's historic character.

2.6.4.2. Use and reuse of properties shall be developed to allow safe access and movement of pedestrians and vehicles; stabilize, improve, and protect property values; strengthen the local economy; and promote and protect the public health, safety, and welfare.

2.6.4.3. Construction and development of new buildings or structures within the zones shall be permitted in a manner which will not be detrimental to existing structures within the zone and which will ensure the preservation of the general characteristics of the historic character of Stonington Borough by adhering to consistent design standards.

2.6.5. Renovations and Substantial Improvements of Existing Buildings

The exterior renovations and substantial improvements of a building or structure visible from the frontage road shall be subject to review and approval by the Commission. Design drawings for exterior building or structure renovations shall specify appropriate materials intended to maintain or restore the integrity of the architectural character of a given building or structure. Excessive uniformity, dissimilarity, inappropriateness, or poor quality of design in the exterior appearance of buildings or structures shall be avoided. Buildings or structures to be renovated shall satisfy the following criteria:

2.6.5.1. Every reasonable effort shall be made to provide a compatible use for a structure which requires minimal alteration of its site, environment, or originally intended purpose.

2.6.5.2. The distinguishing original qualities or character of a building or structure, its site, and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

2.6.5.3. All buildings, structures, and sites shall be recognized as products of their own time. Renovations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

2.6.5.4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, its site, and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

2.6.5.5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

2.6.5.6. Deteriorated architectural features shall be repaired or replaced to the extent practicable. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture, and other visual qualities when feasible. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

2.6.5.7. Renovations and additions which destroy significant historical, architectural, or cultural characteristics shall be discouraged.

2.6.5.8. Design shall be generally compatible with the size, scale, material, and character of the original structure, and with structures within two hundred feet of the lot.

2.6.5.9. Whenever possible, new additions or renovations to buildings and structures shall be done in such a manner that if such additions or renovations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

2.6.6. Construction of New Buildings or Structures

The construction of new buildings or structures shall be subject to the review and approval of the Commission. Design drawings for exterior building or structure renovations shall specify appropriate materials intended to maintain or restore the integrity of the architectural character of a given building or structure. Excessive uniformity, dissimilarity, inappropriateness, or poor quality of design in the exterior appearance of buildings or structures shall be avoided. Designs for buildings or structures shall include appropriate materials and style intended to maintain the historical integrity of the architectural character of the Borough and for buildings and structures within two hundred feet of the lot.

2.6.6.1. Exterior building materials used in new construction shall be similar to materials used on existing buildings or structures within two hundred feet of the lot or shall be materials which are normally associated with materials found in buildings or structures of the architectural period of such neighboring buildings or structures. Other materials may be used which provide for compliance with other regulatory requirements or which promote consideration, such as energy efficiency.

2.6.6.2. The architectural design, including scale, proportions, and architectural rhythm of new construction, shall be compatible with the architectural design exhibited by adjacent buildings or structures within two hundred feet of the lot.

2.6.6.3. The placement and size of windows and doors in new multi-family dwellings shall retain the character of a single-family dwelling.

2.6.7. Standards for Design Review of Buildings and Structures

In addition to all other requirements of the Zoning Regulations, the applicant for all buildings or structures and sites subject to a review by the Commission, or its staff, shall submit scaled elevation drawings of the proposed structures for a design review. The scale of such drawings shall not be smaller than one-eighth inch equals one foot (l/8” =1'0”). The drawings shall locate and identify exterior materials, fixtures, roof pitch, and building or structure height and include dimensions and architectural characteristics.

 

2.6.8. Determination of Appropriateness

The Commission shall review all plans for renovations, substantial improvements, and construction of new buildings or structures for a determination of appropriateness of the design. All determinations will be based on a review of structures within two hundred feet of the lot.

 

2.6.9. Criteria as Guidelines

The following criteria shall be guidelines to be used by the Commission in the determination of appropriateness, in keeping with the architectural fabric of theBorough of Stonington:

2.6.9.1. Scale: Scale of construction, which must relate to human scale, and the scale of structures within two hundred feet of the lot.

 

 

2.6.9.2. Proportion of Buildings' Front FaÁades: Proportion of buildings' front faÁade is defined as the relationship between width and height of the front elevation of the building.

 

2.6.9.3. Proportion of Openings Within the FaÁade: Proportion of openings within the faÁade is defined as the relationship of width to height of windows and doors.

 

2.6.9.4. The Rhythm of Solids to Voids in the FaÁade: Rhythm of solids to voids in the faÁade, this rhythm is defined as an ordered, recurrent alternation of openings to solid walls.

 

2.6.9.5. Rhythm of Spacing of Buildings on the Street: Rhythm of spacing of buildings on the street, or the occurrence of building masses to spaces between them.

 

2.6.9.6. Buildings and Structures and Relationship of Materials To Be Used: Relationship of materials to be used in buildings and structures, or the mixture of exterior materials, such as wood, brick, glass, or slate, to those materials used within two hundred feet of the lot.

 

2.6.9.7. Relationship of Textures: Relationship of textures of the predominant material used, which shall reflect the types used within two hundred feet of the lot, such as rough (brick and tooled joints) or smooth (horizontal wood siding).

 

 

2.6.9.8. Relationship of Roof Shapes: Relationship of roof shapes, which should be compared to the majority of roofs within two hundred feet of the lot. For example: gable, gambrel, or hip.

 

 

2.6.9.9. Walls of Continuity: Walls of continuity, described as the physical ingredients that form screens or enclosures around the project (such as brick walls, iron/wood fences, evergreen screens, berms, and hedges).

 

 

2.6.9.10. Relationship of Landscaping: Relationship of landscaping to the blending of the project with the environment within two hundred feet of the lot, or to the needs to buffer, screen, or soften a project from adjoiners or for site users.

 

 

2.6.9.11. Directional Expression: Directional expressions of the elevation's structural shape, or placement of details and openings of the front faÁade, which may have a vertical, horizontal, or a non-directional character.

 

2.6.10. Compliance

The Commission shall develop a set of findings and required changes that will be forwarded to the applicant. Failure to receive a determination of appropriateness shall be a basis for denial of the application.

 

2.6.11. Modification

Substantial changes to the proposal after formal approval must be reviewed by the Commission for approval. Minor changes that would not materially affect the applicant's compliance with any of the criteria may be approved by the Zoning Officer.

2.7. Increases in Height

2.7.1. Increase in Height of Buildings or Structures Above Maximum Height Limit

No building or structure shall be erected, enlarged, reconstructed, or structurally altered to exceed the maximum height limit as established in these Regulations for the district in which the building or structure is located; except that the Commission may, by Special Permit, allow the following to project above the maximum height limit for that district: roof structures for the housing of elevators or stairs; skylights, towers, domes, church steeples, spires, belfries, cupolas, and similar ornamental architectural features; flagpoles, chimneys, smokestacks, and silos; television, radio or microwave towers. Notwithstanding the provisions of this Section, a chimney on a residential building may project no more than three feet into the permitted height limit without the requirement for a Special Permit.

2.7.2. Increase in Height of Existing Building or Structure

No existing building or structure shall be increased in height except after review by the Commission. The Commission may deny a height increase if it determines that such increase is not consistent with the purposes set forth in these Regulations and in the Plan of Conservation and Development.

2.8. Off-Street Parking

2.8.1. Statement of Purpose

As found in the Plan of Conservation and Development, streets in Stonington Borough are generally narrow, residential densities are high, and off-street parking is very limited. The resulting traffic congestion is severe, and is most serious in the commercial districts during the summer months and weekends when on-street parking is most prevalent. Although little vacant land remains in the Borough, it is necessary that new commercial and residential development at least provide off-street parking and loading areas required for that use, and preferably some surplus to relieve existing off-street parking shortages. In addition, such parking areas should be designed so as to be safe for both vehicles and pedestrians, attractive, and usable by the widest possible number of uses.

 

2.8.2. General Requirements

Any new building or use established after the effective date of these Regulations shall provide off-street parking and loading in accordance with these Regulations. Any intensification of use or change of use shall require compliance with this Section except as provided in Section 2.8.5.12 below.

 

2.8.3. Parking and Loading Standards

2.8.3.1. Parking Space: Each and every parking space shall have a minimum width of nine feet and a minimum length of eighteen feet, and shall be indicated on the pavement by painted stripes or other readily visible demarcation. Said space shall be made accessible in non-residential uses by a maneuvering lane no less than twenty-two feet wide for two-way traffic movement, and no less than eleven feet wide for one-way traffic movement. Said space shall be made accessible in residential uses by a maneuvering lane no less than eleven feet wide.

2.8.3.2. Pedestrian Walkways and Sidewalks: All pedestrian walkways and sidewalks for commercial and multi-family uses shall be no less than five feet in width, and shall be paved according to the recommendations in Section 9.6 of these Regulations.

2.8.3.3. Driveways: All parking and loading areas shall be accessible from a public street by a driveway having a minimum width of thirty feet for two- way traffic movements, and fifteen feet per lane for one-way traffic movements. Said driveways shall be clearly marked as to entrance and exit lanes, and no sign or other visible obstruction shall be established or maintained within a triangular area measured along the street line for ten feet in each direction from any driveway, and ten feet distance from the curb measured along said driveway.

2.8.3.4. Loading Area: Any loading area shall have a minimum width of ten feet, a maximum length of fifty feet, and a minimum vertical clearance of fifteen feet. No such loading area shall be counted in meeting the off-street parking requirements of this Section.

2.8.3.5. Location: All off-street parking and loading areas required by this Section shall be located on the same lot as the building or use for which they are required, and shall be located as conveniently as practical to said building or use, and shall be readily accessible thereto by the use of pedestrian walkways.

2.8.3.6. Additional requirements for industrial, commercial, and multi-family parking areas are as follows:

a. Illumination shall be in accordance with the requirements of Section 9.

b. Parking for the handicapped shall be in accordance with provisions the Connecticut General Statutes and the Basic Building Code of the State of Connecticut. Required handicapped spaces shall be considered part of the parking spaces required under Section 2.8.5 and not in addition thereto.

c. Parking shall be suitably separated from the building served in such a way as to assure safe movement of pedestrian traffic to all major entrances of the building. A walkway shall be provided adjacent to the building being served and shall be protected from vehicles by wheel stops or other suitable devices. In parking lots containing fifty spaces or more, parking is prohibited adjacent to the front of the building unless a minimum ten-foot wide landscaped area is provided in addition to the walkway. (See also 2.8.3.2 and 9.6.3.)

d. Fire lanes shall be provided as recommended by the Fire Marshal. No parking shall be permitted in those areas designated as fire lanes on any site plan approved under these Regulations or otherwise established by the Fire Marshal.

e. All off-street parking areas shall be surfaced and maintained with durable and dustless all-weather material, as may be approved by the Commission.

f. Parking areas shall be graded and drained to dispose of all surface water within the parking area, sufficient for a twenty-five year storm, and to trap any sediment or debris. No surface water from any off-street parking or loading area shall be permitted to drain onto any adjoining property or onto any public street without first obtaining an easement to drain.

g. Landscaping and screening of parking areas shall be provided in accordance with Section 3.2 and Section 9 of these Regulations.

2.8.4. Continuing Character of Obligation

The requirements for provision of off-street parking and loading areas shall be the continuing obligation of the owner of the property upon which any structure or use is located for as long as any such structure or use is in existence and its requirement for off-street parking and loading continues. It shall be a violation of these Regulations for any owner of any structure, use, or real property to discontinue, obstruct, or in any way remove from full and free use any parking or loading spaces required by these Regulations.

2.8.5. Off-Street Parking Requirements

The following off-street parking requirements are minimums, and the Commission may require additional parking spaces where the nature of the development, its location, and any unique features of the development or the surrounding area require such additional parking spaces. In determining the appropriate use category or categories to be applied, the decision of the Commission shall be final. In buildings or lots containing mixed uses, the Commission shall apply the appropriate standard to each such use, and shall aggregate the total parking spaces required. Whenever the term “floor area” is used, it shall refer to gross floor area. Where fractional spaces result from calculation of parking space requirements, the parking spaces required shall be the next highest whole number. The parking herein is in addition to space which is required for the storage of trucks or other vehicles used in connection with a business, commercial, or industrial use:

2.8.5.1. Single and Two-Family Dwellings: Two spaces for each dwelling unit; driveways may be included as required space.

2.8.5.2. Multi-Family Dwellings: One and one-half spaces for each dwelling unit.

2.8.5.3. Tourist Homes: One space for each guest unit, plus two spaces for the owner.

2.8.5.4. Restaurants: Class II Restaurants: one parking space for every fifty square feet of floor area including kitchen, pantry, storage, and restrooms. Class I Restaurants: no requirement for parking

2.8.5.5. Industrial Uses: One parking space for every two hundred fifty square feet of floor area, except warehousing uses shall have one parking space for every four hundred square feet of floor area.

2.8.5.6. Retail Commercial Uses: One space for every one hundred fifty square feet of floor area.

2.8.5.7. Business or Professional Offices, Except Medical: One space for every one hundred and fifty square feet of floor area; medical and dental offices: one space for every one hundred square feet of floor area.

2.8.5.8. Marinas: Five spaces for each marina, plus one additional space for each boat slip, off-shore mooring, or rental boat. Separate areas shall be designated for parking boat trailers, and for storage cradles, blocking, and similar materials. When a vessel licensed commercially to carry persons for hire is docked at the subject premises, one space shall be provided through the operating season for every three persons the vessel is licensed to carry.

2.8.5.9. Commercial Fishing Docks: Five spaces for each commercial fishing dock, plus one additional space for each berth.

2.8.5.10. Customary Home Occupations, As Per Section 3.5: Two spaces, in addition to spaces required for the dwelling or other requirements.

2.8.5.11. Clubs, Places of Worship, Theatres, Places of Public Assembly: One space for every four seats, or one space for every one hundred and twenty-five square feet of floor area if not served by permanent seating.

2.8.5.12. Parking for Existing Structures: As a result of historic development patterns, many existing uses do not conform to the parking requirements of this Section. Existing high-density development often prevents compliance with this Section without disturbing the historic character of existing structures. Within structures existing on August 1, 1976, the effective date of adoption of Zoning Regulations for the Borough of Stonington, any existing use may be changed to any other use permitted within the district, without satisfying the minimum parking requirements, provided that the new use does not result in a significant intensification of use. Intensification includes an increase in floor area, hours of operation, additional customer seating, or an increase in the number of dwelling units. New uses which result in an intensification will be evaluated for their impact on available parking within the immediate area.

2.8.5.13. Inns: One and one half spaces per room. One half space per non-registered guest for meeting/conference attendees.

 

2.8.6. Joint Use of Off-Street Parking Spaces

Notwithstanding the provisions of Section 2.8.5 above, the Commission may, after site plan review as required in Section 9 of these Regulations, allow abutting landowners to utilize one parking area, provided that:

a. Said parking area shall contain the minimum number of parking spaces required by these Regulations for each use; and

b. Each property owner and applicant shall sign cross-easements which will run with the land, binding present and future owners to permit common use of said parking area and requiring said owners to apportion the costs of maintenance of said parking area.

 

2.8.7. Off-Street Loading Requirements

Every commercial or industrial use, and every multi-family residential building shall have one off-street loading space for each five thousand square feet of floor area. The foregoing off-street loading requirement is a minimum, and the Commission may require additional loading spaces where the nature of the development, its location, and any unique features of development or the surrounding area require such additional loading space.

2.9. Non-Conforming Uses and Structures

2.9.1. Non-Conforming Uses

For purposes of these Regulations, a non-conforming use shall be defined as use of land and/or buildings which lawfully existed, whether by variance or otherwise, prior to the enactment of the Zoning Regulations, or any amendment thereto, which does not comply with the use restrictions applicable to the district in which it is situated, and which is continuously maintained after the effective date of such enactment.

2.9.1.1. Nothing in these Regulations, including the provisions of this section, shall be interpreted as authorization for, or approval of, the continuation of the use of land, buildings, or structures which is in violation of any zoning regulations in effect prior to the effective date of these Regulations.

2.9.1.2. No non-conforming use of land shall be enlarged, extended, or altered except in changing the use to one which is permitted in the district in which such use is located. No non-conforming use of an existing structure shall be extended to occupy land outside such structure or space in another structure.

2.9.1.3. No non-conforming use of land shall be moved to another part of a lot or outside the lot, and no non-conforming use of a structure shall be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became non-conforming, and no structure containing a non-conforming use shall be moved, unless the result of such move is to end the non-conforming use.

2.9.1.4. No non-conforming use of land or of a structure shall be changed to a use which is substantially different in nature and purpose from the former non-conforming use, except such uses as are permitted in the district in which they are located.

2.9.1.5. When a non-conforming use has been changed to a conforming use, it shall not hereafter be changed to any use not permitted in the district in which such use is located.

2.9.1.6. Any non-conforming use which has been abandoned shall not thereafter be reestablished. Any structure or land, or structure and land, in combination, which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land is located. The term “abandonment,” as used herein, shall mean the voluntary discontinuance of a use, when accompanied by an intent not to reestablish such use.

2.9.1.7. For purposes of these Regulations, failure to meet the required parking or loading requirements, failure to provide required buffer areas, and/or failure to provide adequate landscaping as required in these Regulations shall be deemed to constitute a non-conforming use. However, nothing in these Regulations shall prohibit a property owner from improving his property in such a way as to eliminate the non-conformity.

2.9.2. Non-Conforming Structures

For purposes of these Regulations, a non-conforming structure shall be defined as a structure which existed lawfully prior to the enactment of these Regulations, or any amendment thereto, which does not comply with the restrictions as to size, nature of construction, location of the structure on the land, or location of the structure in proximity to other buildings required by the Regulations adopted subsequent to its construction, and which is continuously maintained after the effective date of such Regulations, or amendments thereto.

2.9.2.1 Any non-conforming structure lawfully existing at the time of the adoption of these Regulations may be continued to be used, as long as such use is either permitted within the district in which it is located, or is a legal, non-conforming use. Such structure may be renovated, providing the following conditions are met:

a. No new non-conformity or increased encroachment results.

b. No non-conforming use is established or expanded.

c. The work meets the definition of renovation in Section 1.3.

d. A Special Permit is obtained which satisfies the conditions of Section 10, however no Special Permit is required if (a) the work consists solely of exterior renovations which only require approval under Section 2.6 or (b) site plan requirements are waived per Section 9.2.1.

2.9.3. Restoration and Repair

2.9.3.1. Nothing in these Regulations shall be deemed to prohibit the restoration of any non-conforming structure and its use where such structure has been destroyed by means out of control of the owner, provided the restoration of such a structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within one year after the date of such destruction and all construction is diligently pursued to completion within two years following the date of such destruction.

2.9.3.2. In order to insure that structures containing non-conforming uses will be maintained in a safe and decent condition for so long as such non-conforming uses continue, nothing in these Regulations shall be deemed to prohibit the following:

a. Work to be done on ordinary repairs, or on repair or replacement of walls, ceilings, floors, fixtures, wiring, or plumbing, in the non-conforming structure or non-conforming portion of the structure, as the case may be, provided such work does not expand or increase the extent of non-conformity.

b. Any work required by the codes and ordinances of the Town of Stonington as ordered by any Town or Borough official charged with protecting the public health, safety, or welfare, if such work does not enlarge or extend a non-conforming use or otherwise increase any non-conformity.

2.9.4. Compatibility

In order to assure that the restoration and repair is compatible with the immediate area, the following conditions shall be met:

2.9.4.1. Character of the Immediate Area: The proposed change will not weaken nearby permitted uses, endanger property values, strengthen other nearby non-conformities, or in any way result in conflict with the existing character of the immediate area.

2.9.4.2. Adverse Effects: The proposed change will not adversely affect the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

2.9.4.3. Traffic Movement: The proposed change will not impair the movement of through traffic along the adjoining thoroughfares through congestion and/or reduction of street capacities or through storage or backup of vehicles in public rights-of way while awaiting service on the subject site.

2.9.4.4. Orderly Development: The proposed change will not result in a fragmentation of the existing development pattern, thereby creating unnecessary additional points of vehicular conflict with the adjoining highway and adversely affecting the orderly development of the surrounding neighborhood.

2.9.4.5. Property Values and Character: The proposed change will not tend to depreciate property values or adversely affect the character and extent of development on adjoining properties.

2.9.4.6. Parking and Loading: The proposed change will provide adequate off-street parking and loading facilities, as determined by the Commission.

2.9.4.7. Signs: The proposed change will not result in any additional non-conforming signs.

2.9.4.8. Additional Land: The proposed change shall affect only that lot or parcel on which a non-conformity existed prior to the adoption of these Regulations, or any amendment thereto, which created such non-conformity.

2.9.4.9. Increase in Number of Dwelling Units: Except as provided in Sections 5.1.4, 5.2.4, 5.3.4, 5.4.4, and 5.5.4, under no circumstances shall any proposed change applied for under the provisions of this section be permitted which would increase the total number of dwelling units in any building.

2.9.4.10. Buffering: The proposed change shall not result in any loss of buffering between the subject non-conforming property and non-conforming adjacent uses. When the proposed change occurs on a lot adjacent to a residential use, a buffer strip consisting of dense foliage or a fence shall be constructed so as to screen commercial uses from adjacent residential uses.

2.10. Building on Substandard Lot

Any lot which was separately described in the latest deed of record immediately prior to the effective date of these Regulations, or which was an approved lot shown on a subdivision map approved by the Commission and on file in the office of the Borough Clerk prior to said date, which does not meet the requirements of these Regulations as to lot area and/or frontage, may be utilized for any use permitted in the district in which such lot is located, provided that all other provisions and requirements of these Regulations are complied with as to such lot, and provided further that all applicable subdivision regulations, and health and building codes of the Borough or Town shall have been complied with as to such lot.

2.11. Division of Land

No parcel of land existing on the effective date of these Regulations shall be divided, nor shall any easement be granted to any person which has the effect of creating a new lot or reducing an existing lot which will be non-conforming under the provisions of these Regulations. Similarly, no division shall be permitted which causes an already non-conforming lot or structure to become more non-conforming in any manner with the exception of subdivisions on unaccepted streets under Section 2.15 of these Regulations.

2.12. Restoration of Unsafe Buildings

Nothing in these Regulations shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by the Building Official or where required by lawful order.

2.13. Prohibited Uses

Any use not specifically listed as permitted herein shall be prohibited. In addition, the following activities are expressly prohibited in the Borough of Stonington.

2.13.1. Any use which produces unreasonable noise, odor, vibrations, fumes, electrical interference, or other noxious effects deemed objectionable by the Commission, considering the purposes of these Regulations.

2.13.2. Manufacture of explosives, poison gasses, or substances, items of germ or biological warfare, the training of wild or vicious animals, and other inherently dangerous activities.

2.13.3. Industrial waste disposal or processing, junkyard, dump, or refuse disposal use, other than disposal facilities owned and operated by the Borough or Town of Stonington.

2.13.4. Commercial distillation of bones, rendering, reduction, or refining of fat or other animal matter.

2.13.5. The use of mobile homes or camper units for any residential purposes, whether permanent or temporary. Mobile (manufactured) homes are not allowed for any use within areas of Special Flood Hazard.

2.13.6. The use of any boat, barge, or other vessel for residential purposes for a period exceeding a continuous period of two weeks, or totaling more than two months during any calendar year.

2.13.7. A principal use consisting of a massage parlor, not including therapeutic massage accessory to a bona fide health or fitness club, or the office of a trained, licensed professional massage therapist.

2.13.8. A principal use consisting of coin-operated amusements.

2.14. Limitation on Number of Principal Uses

In all residential districts, only one principal structure or use shall be placed on a lot. In non-residential districts, the Commission may approve a plan for more than one principal structure or use on a lot if the Commission finds that such structures or uses comply with all other requirements of these Regulations and are compatible with each other and with uses and structures existing or reasonably anticipated on adjoining lots.

2.15. Subdivision of Land on Unaccepted Streets

Notwithstanding any provisions to the contrary set forth in these Regulations, the Commission may consider and may approve the subdivision of land into separate lots, which lots do not have frontage on a public street; provided that such lots have the minimum required frontage on a private street which has been deemed acceptable to the Commission under the provisions of the Subdivision Regulations of the Borough of Stonington. The private street right-of-way shall not be included as land used to satisfy the minimum lot area requirements for any lot over which it passes. Required front yard shall be measured from the boundary of the private street right-of-way. No private street shall be allowed to bisect a new subdivision lot. Such subdivision shall meet all other requirements of the Subdivision Regulations of the Borough.

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