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
Delicatessen
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)
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 finds that a continuation of industrial uses within the Borough is necessary to maintain the Borough's historically diverse character. Existing industrial areas are to be retained for industrial uses, while preventing the extension of industrial development to other parts of the Borough because of the inevitable traffic congestion which scattered industrial development would entail for the Borough's fragile circulation system. In keeping with the goals of the Plan of Conservation and Development, the industrial areas of the Borough are intended for the maintenance of a diversified local economy, while encouraging the preservation and enhancement of the historic architectural character of the existing industrial areas. It is further recognized that any development in industrial areas must be compatible with adjacent uses, particularly residential 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 predominately from extracted raw materials
Printing and publishing establishments
Research laboratories and offices
Marine science facilities
6.3.2.2. Permitted Accessory Uses
Retail sale of products manufactured on the premises, provided that said retail sale is subordinate and incidental to the principal manufacturing use
Storage areas, whether indoor or outdoor, provided that any outdoor storage area shall be screened by landscaping or fencing which is in harmony with the principal structure which has been approved by the Commission
6.3.2.3. Special Permit Uses
Business and professional offices
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
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
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.
The Planned Industrial District located adjacent to Stonington Harbor shall be eligible for consideration of an application for Planned Area Development pursuant to Article 7 of these Regulations.
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.