City of New Haven - File #: OR-2026-0050

• File #: OR-2026-0050
• Version: 1
• Type: Ordinance
• Status: In Committee
• File created: 11/6/2026
• In control: Board of Alders
• Title: ZONING ORDINANCE TEXT AMENDMENT OF THE NEW HAVEN BOARD OF ALDERS TO COMPLY WITH THE ZONING REQUIREMENTS OF PUBLIC ACT NO. 22-25 (“AN ACT CONCERNING THE CONNECTICUT CLEAN AIR ACT”) AND TO REQUIRE ADDITIONAL INFRASTRUCTURE FOR ELECTRIC VEHICLE READINESS IN APPLICATIONS TO THE CITY PLAN COMMISSION SUBJECT TO SITE PLAN REVIEW CONTAINING NEW OFF-STREET PARKING SPACES.

Date	Ver.	Action By	Action	Result
11/16/2026	1	Board of Alders	Referred

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ZONING ORDINANCE TEXT AMENDMENT OF THE NEW HAVEN BOARD OF ALDERS TO COMPLY WITH THE ZONING REQUIREMENTS OF PUBLIC ACT NO. 22-25 (“AN ACT CONCERNING THE CONNECTICUT CLEAN AIR ACT”) AND TO REQUIRE ADDITIONAL INFRASTRUCTURE FOR ELECTRIC VEHICLE READINESS IN APPLICATIONS TO THE CITY PLAN COMMISSION SUBJECT TO SITE PLAN REVIEW CONTAINING NEW OFF-STREET PARKING SPACES.

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WHEREAS, Public Act 22-25, An Act Concerning the Connecticut Clean Air Act, was passed by the Connecticut General Assembly and signed into law by Governor Lamont on May 10, 2022; and

WHEREAS, all municipalities in the State of Connecticut must require new construction with thirty or more parking spaces to include electric vehicle charging infrastructure to support electric vehicle charging in ten percent of such spaces; and

WHEREAS, a municipality may, through its legislative body, requiring additional electric vehicle charging infrastructure beyond the minimum requirement above, and

WHEREAS, the City of New Haven’s Vision 2034 comprehensive plan’s Move Together strategy 6.5 calls for the City to adopt electric vehicle charging infrastructure requirements beyond the minimum requirement above; and

WHEREAS, pollution from transportation is the largest single source of greenhouse gas emissions both in New Haven and in the state of Connecticut; and

WHEREAS, residents struggle with affordability and health issues due to the rising price of gasoline and prevalent asthma and respiratory illnesses that result from fossil fuel combustion; and

WHEREAS, total registrations of electric vehicles in New Haven and Connecticut have more than doubled between July of 2023 and January of 2026; and

WHEREAS, electric vehicles are becoming increasingly affordable as used electric vehicles become more common and New Haven residents are currently eligible for state rebates of $4,500-$5,000 on electric vehicles; and

WHEREAS, access to convenient and affordable charging options remains a barrier to EV adoption; and

WHEREAS, electric vehicle readiness requirements for new construction can help encourage electric vehicle adoption by providing access to reliable and affordable electric vehicle charging; and

WHEREAS, electric vehicle readiness requirements avoid the much larger cost of installing EV charging infrastructure after a building is constructed.

NOW THEREFORE BE IT ORDAINED that the Board of Alders of the City of New Haven act such that the enclosed text amendments are hereby adopted with modifications of the existing zoning requirements as described in the attached hereto and made a part of this Ordinance; and

BE IT FURTHER ORDAINED by the Board of Alders of the City of New Haven that the aforesaid zoning ordinance text amendments shall take effect upon publication of said amendments pursuant to the requirements of the New Haven Charter and Connecticut law.

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Section 1. Definitions.

The following definitions shall apply to all parts of the zoning ordinance. Words not defined in this ordinance shall be as defined in the most current edition of Webster's New World Dictionary, College Edition. Words in boldface italic in this ordinance are defined in this Article I or in an applicable section if their use is limited.

ACCESS CORRIDOR: A portion of the site providing access from a street and having a minimum dimension less than the required lot width, except that no portion of a site having side lot lines radial to the center of curvature of a street from the street property line to the rear lot line shall be deemed an access corridor. The area of an access corridor shall not be included in determining the lot area.

ACCESSORY BUILDING: See BUILDING, ACCESSORY.

ACCESSORY RESIDENTIAL BUILDING, STRUCTURE OR USE: See RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE.

ACCESSORY USE: See USE, ACCESSORY.

ADAPTIVE REUSE: means the process of taking an existing structure and updating or adapting it for a new use or purpose.

ADULT CABARET: An establishment that regularly features topless dancers, go-go dancers, exotic dancers, nude dancers, male or female impersonators, or similar entertainers.

ADVERTISING SIGN: See SIGN, ADVERTISING.

AFFORDABLE HOUSING: The term "affordable housing," "affordable rental housing" or "housing affordable to rental households" is housing that costs no more than 30 percent of household income for rent and utilities, for households earning 60% or less of area median income. Unless otherwise specified by funding sources, or other agreement made with the City of New Haven, deed restricted units shall remain affordable for a period of 40 years after following issuance of the last certificate of occupancy for the qualifying development. In multi-phased qualifying developments, the period of affordability may begin upon issuance of the last certificate of occupancy for each phase, at the discretion of the Affordable Housing Commission.

AREA: See LOT AREA.

AREA MEDIAN INCOME: The term "area median income or "AMI" is the household income for the median household, according to the U.S. Department of Housing and Urban Development (HUD), calculated annually for the City of New Haven.

AREA OF SIGN: See SIGN, AREA OF.

AREA PER DWELLING UNIT: See LOT AREA PER DWELLING UNIT.

AREA PER SLEEPING ROOM: See LOT AREA PER SLEEPING ROOM.

ARTISAN MANUFACTURING means small-scale businesses that produce artisan goods such as artisan leather, glass, wood, paper, ceramic, textile, or yarn products; specialty foods; or baked goods, primarily for direct sales to consumers. This land use includes the design, processing, fabrication, assembly, treatment, and packaging of products as well as the incidental storage, sales, and distribution of such products.

ASSISTED LIVING FACILITY: A facility consisting of private residential units which provides a managed group living environment, including the provision of assisted living services as described in Regs., Conn. State Agencies § 17b-342-2(c)(1).

ATTACHED DWELLING: See DWELLING, ATTACHED.

AUTOMATIC TELLER MACHINE: Any electronic machine that enables customers to withdraw paper money or carry out other banking transactions on insertion of an encoded plastic card.

AUTOMATIC LOAD MANAGEMENT SYSTEM ("ALMS") means the electronic power management system permitting multiple EVSE to share a circuit or panel, automatically allocating at least 1.92kW of power to each EVSE when all EVs connected to the ALMS are charging concurrently. AVERAGE HEIGHT (OF A BUILDING): See HEIGHT, AVERAGE.

AVERAGE LOT WIDTH: See LOT WIDTH, AVERAGE.

BELT SIGN: See SIGN, BELT.

BOARDER: See ROOMER, BOARDER OR LODGER.

BOARDING HOUSE: See ROOMING, BOARDING OR LODGING HOUSE.

BRIGHT COLOR means bold and intense in nature, and typically visually striking and noticeable due to their hue and saturation.

BUFFERING means protecting or separating an area of land from the visual effects of another area by way of physical means, which may include trees, shrubs, walls, fences, berms/mounds, space or related landscaping features required under this ordinance for buffering lots or parcels from adjacent properties or rights-of-way for the purpose of increasing visual shielding or other aspects of privacy or aesthetics.

BUILDING: A structure which is completely enclosed by a roof and by solid exterior walls along whose outside faces can be traced an unbroken line for the complete circumference of the structure, which is permanently affixed to a lot or lots, and used or intended for the shelter, support of enclosure of persons, animals or property of any kind.

The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building. A building may occupy more than one lot, but in the case of a series of two or more attached and/or semi-detached dwellings, the building which such dwellings comprise shall be considered to occupy a single lot, regardless of ownership, for purposes of determining lot area, average lot width, lot area per dwelling unit, floor area ratio, the number of parking spaces and other pertinent requirements, if the resulting parking spaces are usable open space are and will continue to be available in the same proportion to all occupants of the building or buildings on the lot; otherwise, each such dwelling shall be considered to occupy a separate lot.

BUILDING, ACCESSORY: A building located on the same lot as a principal building and devoted or intended to be devoted to an accessory use. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.

BUILDING, NONRESIDENTIAL: A building that is devoted to one or more of the commercial or industrial uses listed in section; 42B.-T. and/or the nonresidential uses permitted in residential districts, which is not a mixed-use building.

BUILDING, PRINCIPAL: A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.

BUILDING COVERAGE means the proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross section of a building or buildings. Structures which are below the finished lot grade, including shelters for nuclear fall-out, shall not be included in building coverage.

BUILDING FOUNDATION WALL means a wall of the foundation upon which a building rests.

BUILDING FRONTAGE means the length of an outside building wall along a dedicated public or private street.

BUSINESS SIGN: See SIGN, BUSINESS.

CARSHARING PARKING SPACE means a parking space that is reserved for the parking of a vehicle that is available to multiple users.

CAT CAFÉ means any premises used to house or contain homeless, orphaned, or unwanted cats and that is owned, operated, or maintained by an organization that is licensed by the State as an animal shelter and devoted to the welfare, protection, and humane treatment of animals for the purpose of adoption, and which incorporates retail sales to support the interaction of patrons with cats, such as a café, bookshop, or other permitted use.

CHILD DAYCARE CENTER: See DAYCARE.

COASTAL JURISDICTION LINE (CJL) means that defined in Connecticut General Statutes § 22a-359 as amended.

COMMON AMENITY SPACE:

(1)                     Common amenity interior space that is available to all residents of a residential principal building or a mixed-use building for their use and enjoyment, such as bicycle rooms, business centers, gyms, laundry rooms, common restrooms, lobbies, party rooms, indoor pools, shared overnight guest quarters, theaters, libraries, game rooms, common recreational/function rooms, conference rooms, but not including utility or similar rooms, corridors, or in a mixed-use building, commercial space;

(2)                     Storage space not located within a dwelling unit but which is assigned to an individual dwelling unit; and

(3)                     Usable open space that is provided in addition to the usable open space that is required to be provided under this ordinance.

COMPACT PARKING SPACE: A parking space that measures 7.5 feet x 15 feet.

CONFERENCE CENTER: A building or group of buildings used for business and professional conferences and seminars accommodating up to 500 people along with associated accessory functions, such as lodging and facilities for eating and recreation designed to be used primarily for conference attendees. The provision of rooms for rent and meals generally available to the public shall not be considered associated accessory uses.

CONNECTOR means the plug and associated wiring which provides the connection between an electric vehicle and a receptacle or electric vehicle charging station to transmit electricity to charge the vehicle. 

CONSTRUCTION STAGING AREA means the use of a structure or lot, in whole or in part, for the storage of materials and supplies associated with an off-site transportation, public works and/or private sector construction project.

CONVENIENCE STORE means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

CONVENTION CENTER means a building or group of buildings designed to accommodate 300 or more people used for business or professional conventions, conferences, seminars, product displays, trade shows, special events, recreational activities, and entertainment or athletic functions, along with accessory functions, including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption, excluding the provision of rooms for rent.

CORNER LOT: See LOT, CORNER.

COURT means a horizontal open space between the exterior walls of a single building that face one another on an angle of less than 60 degrees, excluding shafts designed solely for ventilation.

COVERAGE: See BUILDING COVERAGE.

CUSTODIAL CARE FACILITY means a facility which provides custodial care and treatment in a protective living environment for persons accused or convicted of a misdemeanor or a non-violent felony and residing voluntarily or by court placement, including, without limitation, correctional and post correctional facilities, halfway houses, transitional housing, juvenile detention facilities and temporary detention facilities, such as alternative to incarceration programs approved by the Chief Court Administrator in accord with the Connecticut General Statutes Sec. 53a-39a. This provision is not intended to address disabled individuals pursuant to the Fair Housing Act.

DATA PROCESSING CENTER OR SERVICES means establishments primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a main frame computer.

DAYCARE means the term daycare includes any of the three specifically defined daycare uses listed below. The following definitions conform to the daycare permit categories defined by Public Act 82-35.

(1)                     Child daycare center. Any premises used for care of more than 12 children and meeting all standards of the Connecticut Department of Health Services.

(2)                     Group daycare home. Any premises used for the care of not less than seven nor more than 12 related or unrelated children and meeting all standards of the Connecticut Department of Health Services.

(3)                     Family daycare home. A private family home caring for not more than six children, including the provider's own children not at school full time, and meeting all standards of the Connecticut Department of Health Services.

(4)                     Special workplace daycare. Any of the above-described uses primarily serving employees of the immediate zoning district in which the workplace is located.

DETACHED DWELLINGS: See DWELLING, DETACHED.

DIRECTLY ILLUMINATED SIGN: See SIGN, DIRECTLY ILLUMINATED.

DORMITORY: A building or part of a building operated by an institution containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.

DRUG PARAPHERNALIA means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of the State of Connecticut or of the United States. The term includes, but it not limited to:

(1)                     Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2)                     Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(3)                     Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4)                     Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(5)                     Scales and balances used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(6)                     Diluents and adulterants, such a quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;

(7)                     Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(8)                     Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

(9)                     Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

(10)                     Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;

(11)                     Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12)                     Objects used, intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

a.                     Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b.                     Water pipes;

c.                     Carburetion tubes and devices;

d.                     Smoking and carburetion masks;

e.                     Roach clips, meaning objects used in holding burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

f.                     Miniature cocaine spoons, and cocaine vials;

g.                     Chamber pipes;

h.                     Carburetor pipes;

i.                     Electric pipes;

j.                     Air-driven pipes;

k.                     Chillums;

l.                     Bongs; and

m.                     Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court, zoning officer, zoning board, building department, or other authority should consider, in addition to all other logically relevant factors, the following:

1.                     Statements by an owner or by anyone in control of the object concerning its use;

2.                     Prior convictions, if any, of an owner, or of anyone in control of the object, under a state or federal law relating to any controlled substance;

3.                     The proximity of the object, in time and space, to a direct violation of such law;

4.                     The proximity of the object to controlled substances;

5.                     The existence of any residue of controlled substances on the object;

6.                     Direct or circumstantial evidence of the intent of an owner, of anyone control of the object, to deliver it to persons whom it knows, or should reasonably know, intend to use the object to facilitate a violation of any law of the State of Connecticut or of the United States; the innocence of the owner, or of anyone in control of the object, as to a direct violation of such law shall not prevent a finding the object is intended for use, or designed for use as drug paraphernalia;

7.                     Instructions, oral or written, provided with the object concerning its use;

8.                     Descriptive materials accompanying any object which explain or depict its use;

9.                     National or local advertising concerning its use;

10.                     The manner in which the object is displayed for sale;

11.                     Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

12.                     Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

13.                     The existence and scope of legitimate uses for the object in the community; and

14.                     Expert testimony concerning its use.

DRUG PARAPHERNALIA CENTER means any store, restaurant, bar, premises or other establishment which, in addition to any other trade, business or service conducted therein, includes a significant amount of drug paraphernalia. For the purposes of this zoning ordinance, an amount of drug paraphernalia shall be deemed significant as to any store, restaurant, bar, premises or other establishment if:

(1)                     Ten percent or more of the square footage or active display area of such store, restaurant, bar, social club, premises or other establishment is devoted to or occupied by drug paraphernalia; or

(2)                     Ten percent or more of the monthly gross revenue of such store, restaurant, bar, social club, premises or other establishment is or can reasonably be expected to be attributable to the sale or rental of drug paraphernalia; or

(3)                     Ten percent or more of the value of the inventory and equipment or of such store, restaurant, bar, social club, premises, or other establishment consists of drug paraphernalia.

Any amount above such a threshold shall be deemed a separate use, subject to the provisions of the New Haven Zoning Ordinance.

DWELLING means a building containing one or more dwelling units; but in the case of a building having two or more portions divided by one or more party walls forming a complete separation, each such portion shall be considered a separate building.

DWELLING, ATTACHED: A dwelling having any portion of each of two walls in common with adjoining dwellings.

DWELLING, DETACHED: A dwelling having open space on all sides.

DWELLING, MULTI-FAMILY means a dwelling having three or more dwelling units.

DWELLING, SEMI-DETACHED means a dwelling having any portion of one wall in common with an adjoining dwelling.

DWELLING, SINGLE-FAMILY means a dwelling having only one dwelling unit from ground to roof and having independent outside access.

DWELLING, TWO-FAMILY: A dwelling having two dwelling units, one above the other.

DWELLING UNIT means any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.

ECO ROOF (also known as a green roof, living or vegetated roof) means an Eco roof is the area atop a roof surface on a building or a parking structure, open to the sky and air, which is surfaced with soil and living plant materials for the purpose of retaining rainwater and absorbing heat from sunlight. An Eco roof is planted over a roofing system with waterproofed membrane and provision for drainage and is created by adding layers of growing medium and plants. Extensive Eco roofs generally have a soil depth of less than six inches. Intensive Eco roofs typically have a soil depth of more than six inches. An Eco roof may be accessible only for maintenance or may be accessible to public. At-grade or partially at grade green spaces over subsurface structures such as tunnels, parking structures, and basements may be considered as an Eco roof for bonuses if constructed and performing in the same manner as an Intensive Eco roof, and approved by the City Plan Commission taking into consideration advice of the City Plan Department and the Department of Engineering, or by the City Plan Department, taking into consideration the advice of the Department of Engineering, where only administrative site plan review is required. Eco roofs must be installed by an accredited Green Roof Professional (GRP).

EFFICIENCY UNIT means a dwelling unit having only one room exclusive of bathroom, water closet compartment, kitchen, laundry, pantry, foyer, communicating corridor, closets or any dining alcove with less than 70 square feet of floor space. In no event shall the gross floor area of the efficiency unit (the one room plus all other elements designated above) exceed 500 square feet.

ELDERLY HOUSING UNIT means a dwelling unit specifically designed for the needs of an elderly person or persons and conforming to the requirements of state and/or federal programs providing for housing for the elderly.

ELECTRIC VEHICLE or EV means a motor vehicle for on-road use powered by an electric motor drawing current from a rechargeable storage battery.

EV CAPABLE SPACE means a parking space that is provided with conduit sized for a dedicated branch circuit of at least 40-amp, 208/240-Volt from a building electrical panelboard to the parking space and with sufficient capacity in the building electrical panelboard and equipment room to accommodate a 40-amp, dual-pole circuit breaker.

ELECTRIC VEHICLE SUPPLY EQUIPMENT or EVSE means a charging station with a hard-wired connector that provide a connection between the premises wiring and the electric vehicle to provide electric vehicle charging. 

EVSE INSTALLED SPACE means a parking space with electric vehicle supply equipment capable of supplying a dedicated branch circuit of at least 20-amp rated at 208/240 Volt from a building electrical panelboard. ELECTRIC VEHICLE CHARGING SPACE means a space designated by the City for charging electric vehicles.

ELEVATED BUILDING means a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

ENCLOSURE means an area that is enclosed on all sides by walls. Enclosed areas are permitted below the lowest floor provided the enclosed areas meet certain use restrictions (used only for parking of vehicles, building access, or storage) and construction requirements related to flood resistance, including use of flood damage-resistant materials and installation of openings to allow for automatic entry and exit of floodwater.

ENTRANCE, PRINCIPAL means a point of access for pedestrians to a building, which entrance faces a street and determines a property address for the building. A building may have more than one principal entrance.

FAMILY means a person living alone, or any of the following groups living together, with any domestic servants or gratuitous guests thereof, as a single non-profit housekeeping unit and sharing common, bathing, sleeping, cooking and eating facilities, sharing at least one common living room space:

(1)                     Any number of people related by blood, marriage, adoption or legally recognized foster relationship;

(2)                     A group of up to four people who need not be so related with up to an additional four people related to a person in the group by blood, marriage, adoption or legally recognized foster relationship;

(3)                     Not more than eight people who are disabled as defined in the Fair Housing Act, 42 U.S.C. § 3602 (h) and this ordinance as well as one facility manager. This definition does not include those persons currently illegally using a "controlled substance" as defined in the Controlled Substances Act, 21 U.S.C. § 802(6) or those persons claiming to be disabled solely on the basis of having been adjudicated a juvenile delinquent, having a criminal record or being a sex offender.

Exceptions: "Family" does not include and shall not be interpreted to include the following facilities addressed in this and other sections of this ordinance: Convalescent Homes (including hospices), Rest Homes, Nursing Homes and Sanitariums, Rectories, Convents, Rooming, Boarding or Lodging Houses, Fraternities, Sororities, Custodial Care Facilities or Dormitories.

Note: For the purposes of this Ordinance, the term "disabled" shall have the same meaning as the term "handicapped" as contained in the Fair Housing Act.

Note: Occupancy limits established under the Housing Code may further limit the number of people living in one dwelling unit.

FAMILY DAYCARE HOME: See DAYCARE.

FINISHED LOT GRADE: See LOT GRADE, FINISHED.

FLOOR AREA, GROSS means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls (and from the center lines of party walls if the portions of the building separated by such party walls are to be treated separately), including:

(1)                     Basement space where more than one-half the basement height is above the finished lot grade average along the exterior walls of the building;

(2)                     Elevators and stairwells at each floor;

(3)                     Attic space, whether or not a floor has been laid, over which there is structural headroom of seven foot or more; and

(4)                     Enclosed porches, interior balconies and mezzanines, and penthouses; and excluding floor space permanently devoted to mechanical equipment used in the operation and maintenance of the building, and floor space permanently devoted to a parking space or parking spaces.

FLOOR AREA, NET means the total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven feet or more, whether above or below the finished lot grade, excluding (a) elevators, stairwells, hallways, walls and partitions, and (b) floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms, or other items permanently preventing the floor space from being occupied by persons while engaged in the use.

FLOOR AREA RATIO means the ratio of the gross floor area to the principal building or principal buildings on a lot to the total lot area.

FOUNDATION WALL: See BUILDING FOUNDATION WALL.

FRONT LOT LINE: See LOT LINE, FRONT.

FRONT YARD: See YARD, FRONT.

GAME MACHINE means any machine or device operated by the insertion of a coin, token or similar object, or other means of payment for the purpose of amusement, recreation skill, or chance, such as electronic game machines, video games, pin ball, pool tables or other similar devices. The term game machine shall not include a bowling alley or juke box.

GAME ROOM means a building or portion thereof whose principal use or intended use is for operation of three or more game machines for the use by the general public or specific invitees.

GREEN STORMWATER INFRASTRUCTURE means infrastructure including a range of soil-water-plant systems that intercept stormwater, infiltrate a portion of it into the ground, and/or transfer a portion of it into the air through evapotranspiration.

GROSS FLOOR AREA: See FLOOR AREA, GROSS.

GROUND SIGN: See SIGN, GROUND.

GROUP DAYCARE HOME: See DAYCARE.

HEALTH CARE CLINIC means an outpatient clinic licensed by the Connecticut Department of Public Health pursuant to Regs., Conn. State Agencies § 19-13-D45 or an outpatient clinic that provides the services described in said regulation which is operated by a partnership or an individual and licensed by the Connecticut Department of Public Health, an outpatient hospital clinic, a medical walk-in clinic, a physical therapy office, an occupational therapy office, an outpatient chronic dialysis center, a community health center, a public health center, an industrial health facility as that term is defined in Regs., Conn. State Agencies § 19-13-D1.(b)(3)(F), an occupational health clinic, a clinic operated by a union exclusively for its members and their dependents, a family planning and reproductive health service center, a primary care clinic, a clinical or diagnostic laboratory, a sports medicine clinic, an emergency services clinic, a wellness center, a dental clinic, an imaging center, and/or a mental health center, but not including an Outpatient Surgical Center listed in Section 42, Use Regulations for Business and Industrial Districts.

HEALTH PRACTITIONER'S OFFICE means an office of a physician, osteopath, dentist, audiologist, naturopath, optometrist, psychologist, social worker, chiropractor, and/or nurse practitioner but not including an office which is defined as a Health Care Clinic or an Outpatient Surgical Center listed in Section 42, Use Regulations for Business and Industrial Districts.

HEIGHT means the vertical distance from the average elevation of the finished lot grade to the highest point of the ceiling of the top story of a building or structure in the case of a flat roof, to the deck line of a mansard roof, and the average height between the eaves and ridge of a gable, hip or gambrel roof.

HEIGHT, AVERAGE means the total volume of a building or structure (enclosed by the outer faces of building or structure walls, the outer faces of roofs, and the finished lot grade), divided by the area of the maximum horizontal cross-section of the building or structure. Average height for a portion of a building or structure is measured in an equivalent manner as to that portion.

HIGH-RISE BUILDING means a freestanding structure with a minimum height of ten stories.

HIGH TECHNOLOGY EQUIPMENT DESIGN AND FABRICATION means a use which has as its principal function the research, development, engineering, design, assembly, fabrication, machining and/or light manufacturing of high technology equipment used in high technology uses, instrumentation and computer software and the associated warehousing of such equipment.

HIGH TECHNOLOGY USES means a use, including a research and/or development laboratory, which has as its principal function the research, development, engineering, design, assembly, fabrication, or machining and/or light manufacturing of high technology uses, including but not limited to uses associated with agricultural technology, biological or pharmaceutical technology, software technology, telecommunications, biomedical technology, defense and aerospace technologies or other technology oriented or emerging industrial or business activity and the associated warehousing of such products as permitted by applicable state and/or federal law.

HIGH TECHNOLOGY SERVICES means a use which has as its principal function the providing of services to high technology uses, including but not limited to computer information transfer, communication, distribution, management, processing, administrative, experimental, developmental, technical, or testing services.

INDIRECTLY ILLUMINATED SIGN: See SIGN, INDIRECTLY ILLUMINATED.

LEED means the series of Leadership in Energy and Environmental Design (LEED) rating systems developed by the Green Building Council.

LEED ACCREDITED PROFESSIONAL means any person who has passed the LEED Professional Accreditation Exam administered by the Green Building Council.

LEED CERTIFIED-LEVEL means the lowest level of the LEED rating systems.

LEED GOLD RATING means the second highest level of the LEED rating systems.

LEED PLATINUM RATING means the highest level of the LEED rating systems.

LEED RATING SYSTEM means the particular LEED rating system that applies to a building.

LEED SCORECARD means the checklist developed by the Green Building Council for the purpose of calculating a score on the LEED rating system.

LEED SILVER RATING means the second lowest level of the LEED rating systems.

LETTER OF MAP AMENDMENT (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA).

LETTER OF MAP CHANGE (LOMC) means a general term used to refer to the several types of revisions and amendments to the Federal Emergency Management Agency's (FEMA) maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F).

LETTER OF MAP REVISION (LOMR) means the FEMA official modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both.

LETTER OF MAP REVISION BASED ON FILL (LOMR-F) means FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

LIVE-WORK CONVERSION AND LIVE-WORK UNIT means a unit that contains both a residential use and a commercial/work activity including but not limited to Home Occupations and residences with a professional office described in Subsection 13(b)(2)a as well as other commercial and fabrication uses subject to the requirements of Section 18A, Live-Work Loft Conversions, and Section 18B, Live-Work Units (post 1963 and new structures).

LOADING SPACE means an off-street space available for the standing, loading or unloading of one truck, excluding adequate maneuvering area.

LOBBY means a space designed to provide separation and control access between public spaces and commercial or residential spaces, including access to dwelling units. The term includes vestibules, foyers, and spaces or areas that provide access to elevators.

LODGER: See ROOMER, BOARDER OR LODGER.

LODGING HOUSE: See ROOMING, BOARDING OR LODGING HOUSE.

LOT means a parcel of land in the same ownership, or any part thereof designated by its owner or owners as a separate lot having a frontage on a street. The lot shall have access on an accepted street that is determined by the city engineer, police, public works, fire and traffic and parking departments to be adequate for the needs of the departments. The beneficiaries of a private easement cannot consider the area of the easement for calculation of lot area for purposed of this ordinance. For purposes of this ordinance, a lot may or may not have boundaries identical with those shown on New Haven Land Records.

Notwithstanding the provisions of this ordinance, the following shall be deemed to constitute a lot: any parcel of land subject to a declaration recorded prior to the enactment of this amendment under the Common Interest Ownership Act as delineated in the General Statutes of the State of Connecticut, as amended from time to time, to which the declarant rights are retained by the declarant or its successor to any lands or real property described in said declaration, surveys or schedules attached thereto and which has, in whole or part, been subject to previously approved or permits for development and use including, but not limited to, building permits or certificates of occupancy for any portion of the land or real property subject to said declaration, either in the text, description or maps attached thereto.

Contiguous parcels occupied or proposed to be occupied entirely by public or institutional uses may be considered to make up a single lot whether under the same ownership or not, if joint application for building permits is made by all the owners of such parcels.

A series of two or more attached and/or semi-detached dwellings may under certain conditions be considered to occupy a single lot regardless of ownership (see BUILDING definition).

Corner Lot

Lot Area

Note-A series of two or more attached and/or semi-detached dwellings may under certain conditions be considered to occupy a single lot regardless of ownership (see definition of BUILDING).

Note-Lot area as used in all sections of this ordinance shall not include the following categories of land area:

1.                     State-designated tidal wetlands defined and mapped under Sections 22a-29(a)(2) and 22a-30 of the Connecticut General Statutes (CGS).

2.                     Wetlands and water courses defined under Sections 22a-38(15) and (16) of the CGS and appearing on the U.S.D.A. Soil Conservation Service Soil Survey of New Haven County.

3.                     Any land below the mean high-water mark.

LOT AREA PER DWELLING UNIT means the amount of lot area, whether occupied by structures or not, that exists for each dwelling unit located on the lot.

LOT AREA PER SLEEPING ROOM (ROOMING, BOARDING OR LODGING HOUSE) means the amount of lot area, whether occupied by structures or not, that exists for each sleeping room located on the lot.

LOT, DOUBLE FRONTAGE means an interior lot having a frontage on more than one street.

LOT, FLAG OR CORRIDOR means a lot connected to a street by an access corridor having a width of not less than 16 feet or more than 25 feet and having a length not exceeding 250 feet.

LOT GRADE, FINISHED means the lot surface as graded and prepared for building, and such surface if imagined to be extended through any structure on the lot.

LOT LINE means any boundary of a lot, except where a lot contains a body of water or inland or tidal wetlands the lot line shall be the mean high-water mark or the boundary of the inland or tidal wetland.

LOT LINE, FRONT means a street line, or in the case of a flag or corridor lot the lot line closest to the street shall be considered the front lot line.

LOT LINE, REAR means any lot line which is parallel to or within 45 degrees of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of odd shape, only the one lot line furthest from any street shall be considered a rear lot line.

LOT LINE, SIDE means any lot line which is not a street line or a rear lot line.

MEAT PROCESSING means establishments primarily engaged in processing, preserving, cutting and packaging meat and meat byproducts. Meat processing excludes slaughtering and rendering.

MICRO-BREWERY means an establishment engaged in on-site brewing of beer and sales of beer by the glass for on-premise consumption. These establishments are primarily used to produce beer and ale and may include retail and food service as an accessory use. The brewing operation processes the ingredients to make beer and ale by mashing, cooking, and fermenting. The brewing operation does not include the production of any other alcoholic beverage.

MICRO-DISTILLERY means an establishment primarily engaged in on-site distillation of spirits and may include retail and food service as an accessory use. The distillery operation processes the ingredients to make spirits by mashing, cooking, fermenting and distilling. The micro-distillery operation does not include the production of any other alcoholic beverage.

MICRO-MANUFACTURING means the manufacturing of products in small quantities using small manufacturing facilities.

MID-RISE BUILDING means a freestanding structure ranging from five to nine stories.

MIXED USE means a land use where more than one classification of land use (for example, commercial office, retail and service, public, institutional, medical) permitted within a zoning district is combined on a lot or within a structure.

MIXED-USE BUILDING means a building that incorporates two or more use types within a single building, provided each use type is permitted within the applicable zoning district in the building.

MIXED-USE DEVELOPMENT means a tract of land or structure developed for two or more different uses, such as, but not limited to, residential, office, retail, institutional, public, or entertainment. Such uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access.

MULTI-FAMILY DWELLING: See DWELLING, MULTI-FAMILY.

MULTI-LOT RESIDENTIAL DEVELOPMENT means a residential or mixed-use development located in a RM-1, RM-2, RH-1, RH-2, or RO District, on more than one lot, which is to be developed, operated and maintained as a single development and which contains at least one of the following: (i) one or more residential accessory buildings, structures or use(s) that are available to all residents of the development or (ii) common usable open space within the development which is available to all residents of the development or (iii) parking spaces on a lot in the development which are available to residents of another lot in the development. A multi-lot residential development may be developed in phases.

NEIGHBORHOOD PLANNING AGENCY means any incorporated neighborhood-based organization (a) having the staff capability to do comprehensive neighborhood planning and to make reports; and (b) having applied for and received official "neighborhood planning agency" designation from the Board of Alders. Such designations shall be granted only to organizations which identify in the application with specificity the geographic area they represent and show they are representative of community residents or have a process for including community participation and demonstrate objectivity in their approach to neighborhood matters and any other relevant facts. Such designation shall be effective for two-year periods and organizations may apply for redesignation.

NET ZERO means zero net energy consumption, meaning the total amount of energy used by a building(s) on an annual basis is roughly equal to the amount of renewable energy created on the site.

NONCONFORMING USE: See USE, NONCONFORMING.

NON-ILLUMINATING SIGN: See SIGN, NON-ILLUMINATED.

NON-RESIDENTIAL BUILDING means a building that has a commercial or other non-residential use. This excludes residential uses.

NON-RESIDENTIAL EV READY SPACE means a parking space that is provided with a dedicated branch circuit with 40-amp, 208/240-volt that is terminated at a Receptacle, junction box, or EVSE.

NURSERY: See DAYCARE.

OPEN SPACE, USABLE means space on a lot or on or attached to a building or located in a multi-lot residential development which is unoccupied by principal or accessory buildings and is not devoted to a parking structure, a parking lot (although landscaped islands in a parking lot can be counted toward satisfying usable open space requirements) or service driveways. Usable open space includes but is not limited to parks, lawns, running trails, wildlife viewing areas, ponds, balconies, patios, courtyards, gardens, private yards, plazas, greens, squares, paths and walkways, rooftop green spaces and patios, terraces, playgrounds, swimming pools, tennis courts, and other outdoor spaces devoted to recreation, relaxation or gathering opportunities and which meet the following minimum standards:

(1)                     Common usable open space shall be so located and designed to emphasize convenience of tenant access and ease of use.

(2)                     All common grade level usable open space shall be landscaped and otherwise developed to maximize recreational utility. Landscape improvements shall include trees, shrubs, ground cover and, wherever possible, the retention of existing landscape features.

(3)                     Any usable open space provided above grade level, either in the form of a roof terrace or deck, shall include as improvements at least the following: a wearing surface in addition to a standard rooftop finish, safety railings or walls, passive recreational facilities such as benches, sheltered arbors and vegetative landscaping, and lighting.

PARKING, SHARED means an arrangement in which two or more uses or structures with different peak parking demands use the same off-street parking spaces to meet off-street parking requirements. Publicly shared parking is an arrangement where at least 50 percent of the off-street parking provided for a building is available for public use, in terms of allocation of time when the parking spaces are available to the public. Privately shared parking is an arrangement where two or more uses and/or structures agree to share the same parking spaces.

PARKING STRUCTURE means a structure designed to accommodate parking spaces that are fully or partially enclosed or located on the deck surface of a building. The phrase includes parking garages, deck parking, and underground or under-building parking areas.

PARKING SPACE means an off-street space available for the parking of one automobile (excluding adequate driveways and aisles) and meeting the ordinance requirements of the appropriate district in which such parking space is located. The term parking space shall include garages, carports, and other enclosed and semi-enclosed spaces for the parking of automobiles.

PEDESTRIAN PRIORITY AREA means the area between streets and buildings and other improvements designed for the use of pedestrians.

PERMEABLE or PERVIOUS means surfaces which allow for the percolation of water into the underlying soil. Permeable surfaces include but are not limited to grass, mulched groundcover, planted areas, permeable paving as well as porches and decks erected on pier foundations that maintain the covered lot surface's water permeability. Pervious surfaces do not include any structure or building, any porch or deck that limits the covered lot surface from absorbing water, or any outdoor stairs, on-grade surface sports court, swimming pool, artificial turf, sidewalk or patio constructed of concrete, asphalt, brick, compacted gravel or other material that impedes the infiltration of water directly into the subsurface of the lot.

PODIUM CONSTRUCTION means a construction method that divides a building into lower and upper portions for which the lower portion, the "podium", is one or two stories that are built of a robust structural system, such as steel or reinforced concrete. The upper portion, which may be a maximum of five residential stories or six business stories, according to the International Building Code (IBC), is built of a more economical structural system, such as wood light frame construction (WLFC). The horizontal separation created by the podium is deemed to be "grade" for the purposes of determining the number of stories that can be built above the podium.

POLE SIGN: See SIGN, POLE.

POLLUTION REDUCTION FACILITIES mean any structure or drainage device that is designed, constructed, and maintained to collect and filter surface water runoff during and after a storm event for the purpose of protecting, maintaining, or improving surface and/or groundwater quality.

PRINCIPAL BUILDING: See BUILDING, PRINCIPAL.

PRINCIPAL USE: See USE, PRINCIPAL.

PROJECTION means any structure attached to a principal or accessory building and extending beyond the face of a building foundation wall, including roofs, cornices, chimneys, bay windows, shading devices, shelters, carports, balconies, outside stairways, fire escapes, steps and open porches, but excluding fences, flag poles, latticework, drying and recreational equipment, and landscape planting.

REAR LOT LINE: See LOT LINE, REAR.

REAR YARD: See YARD, REAR.

RECEPTACLE means a female outlet into which a Connector may be plugged to enable electric vehicle charging. RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE means a building, structure or use clearly incidental or subordinate to, and customary in connection with the residential principal building(s) located either on the same lot with a residential principal building or in a residential neighborhood development including but not limited to:

(1)                     Buildings such as storage sheds, pool houses, maintenance garages, and private greenhouses;

(2)                     Structures such as fences, walls, private swimming pools, and permitted signs;

(3)                     Parking spaces for the parking of passenger automobiles; but excluding parking of commercial vehicles other than vehicles not exceeding one-half ton loading capacity that are needed for travel to and from work by residents of the principal building, are completely enclosed within a building, and are without materials or equipment; and also excluding repairs, sale of gas, and other such commercial uses; and

(4)                     The keeping of one roomer, boarder or lodger as an accessory use to any dwelling unit, if such roomer, boarder or lodger is within the residential principal building.

RESIDENTIAL ANCILLARY USES means use areas such as lobbies and/or offices used by building management, and mail rooms for residents, as well as common areas used by residents for non-residential purposes such as meeting rooms, swimming pools, and exercise facilities.

RESIDENTIAL BUILDING means a building designated for habitation. A residential building means a non-commercial building designed for habitation by one or more families or a mixed-use building that qualifies as a single-family, two-to-four family, or other residential building.

RESIDENTIAL EV READY SPACE means a parking space that is provided with either 1) a dedicated branch circuit delivering at least 1.92 kW of power that is terminated at a Receptacle, junction box, or EVSE or 2) power through an Automatic Load Management System.

RESIDENTIAL MIXED-USE BUILDING means a building that incorporates residential and at least one other use type within a single building, provided each use type is permitted within the applicable zoning district in which the building is proposed. A residential mixed-use building commonly includes a nonresidential use on the lower floors and one or more stories of residential use on the upper floors.

RESIDENTIAL PRINCIPAL BUILDING means any building containing one or more dwelling units, excluding residential accessory buildings for domestic servants and caretakers employed on the premises and for occasional gratuitous guests.

RESTAURANT means a space in a suitable and permanent building kept, used maintained, advertised and held out to and known by the public as primarily a food service establishment where hot meals are regularly served. If alcoholic drink is served in any restaurant, it shall be as an adjunct function of serving food and operate under a Restaurant Liquor Permit as provided in C.G.S. Section 30-22, as amended, and comply with all Liquor Control Commission Regulations pertaining thereto. Restaurants shall be open during regularly posted hours which are clearly marked and shall have no regular and recurring unusual barriers to entry such as cover charges or age restrictions.

ROOMER, BOARDER OR LODGER means a person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator who is not the husband or wife, son or daughter, mother or father, or sister or brother of such person. Any person occupying such room or rooms and paying such compensation without pre-arrangement or for less than a week at a time shall be classed for purposes of this ordinance not as a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (tourist home, hotel or motel).

ROOMING, BOARDING OR LODGING HOUSE means a building, or any part of a building (other than an institutional building) occupied or intended to be occupied by four or more roomers, boarders, or lodgers. See also, RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE.

SEMI-DETACHED DWELLING: See DWELLING, SEMI-DETACHED.

SIDE LOT LINE: See LOT LINE, SIDE.

SIDE YARD: See YARD, SIDE.

SIGN means any structure, part thereof, or device or inscription attached thereto or painted or represented thereon, which is located upon any land, or any building, or on the outside or inside of a window, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry.

But this definition shall not include the flag, emblem, insignia, poster or other display of any nation or political subdivision including traffic or similar regulatory devices; or legal notices, warnings at railroad crossings, signs or tablets which are primarily memorials, or emblems of religious institutions that are attached to buildings.

SIGN, AREA OF means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all such faces shall be included in determining the sign area, except that where two such faces are placed back-to-back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of the larger of the two faces.

SIGN, BELT means a sign placed flat against the front wall of a building.

SIGN, BUSINESS means a sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted, other than incidentally, on the premises upon which such sign is located, or to which it is affixed.

SIGN, DIRECTLY ILLUMINATED means a sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign including, but not limited to, neon and exposed lamp signs.

SIGN, GROUND means a free-standing sign resting upon the ground or attached to it by means of two or more poles or standards.

SIGN, INDIRECTLY ILLUMINATED means a sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere than on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.

SIGN, NON-ILLUMINATED means a sign which is not illuminated, either directly or indirectly.

SIGN, POLE means a free-standing sign attached to the ground by means of a single pole or standard.

SIGN, PROJECTING or BLADE means a sign attached to and projecting out from a building face or wall, generally at right angles to the building, including signs that project into the right-of-way.

SINGLE-FAMILY DWELLING: See DWELLING, SINGLE-FAMILY.

SLEEPING ROOM means any room used or intended to be used for sleeping purposes.

STORY means that part of a building which is between the surface of a floor and the ceiling immediately above and has structural headroom of seven feet or more, excluding any such space which is contained in a cellar that is not more than one-half above the finished lot grade averaged along the building's exterior walls, and also excluding any such space that is not suitable for human habitation but devoted permanently to mechanical equipment used in the building's operation and maintenance.

STREET means a right-of-way for pedestrian, vehicular and bicycle traffic, whether designated as a sidewalk, path, street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or otherwise designated which has been dedicated or acquired for public uses and has been accepted by the Board of Alders as a public right-of-way.

STREET LINE means the line separating private property from a street or alley existing or dedicated in public ownership.

STRUCTURE means anything constructed or erected, including a building, which has a permanent location on the ground, or anything attached to something having a permanent location on the ground.

STRUCTURED PARKING - See Parking Structure.

SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the value as appraised by the City of New Haven's Assessor's office before the start of construction of the improvement.

SURFACE PARKING means any portion of a lot used for at-grade transient parking of operable motor vehicles, which is connected with a street or alley by a driveway which affords ingress and egress for motor vehicles.

TRANSPARENCY means the percentage of a street-facing building façade, measured between three and eight feet above the ground surface, that is covered by transparent elements (e.g., transparent windows and doors).

TRANSPORTATION STUDY (TS) or a Multi-Modal Transportation Analysis means a document inclusive of illustrations and narrative that is prepared by a qualified traffic engineering firm to assess the potential effects of a proposed development on the surrounding roadway, transit and pedestrian networks. The analysis is conducted to preserve the operational capacity and function of transportation infrastructure and to ensure that proposed development will support and make provisions for the safe travel of all road users, and to identify any necessary mitigation measures, (e.g., dedication of additional right-of-way, construction of turning lanes, or construction of traffic control facilities, etc.). In some cases, a TS may also be used to assess the potential impacts of an existing development that is experiencing significant changes in motorized traffic patterns. A TS shall consider applicable factors including, but not limited to, existing and forecasted traffic counts, intersection level of service, trip generation, impacts on major intersections, turning movements, traffic control, roadway capacity, sight distance and site ingress/egress and circulation.

TWO-FAMILY DWELLINGS: See DWELLING, TWO-FAMILY.

USABLE OPEN SPACE: See OPEN SPACE, USABLE.

USE means any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

USE, ACCESSORY means a use that is clearly incidental or subordinate to, and customary in connection with the principal use and is either located on the same lot with a principal use or in a multi-lot residential development.

USE, ACCESSORY, RESIDENTIAL: See RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE.

USE, NONCONFORMING means a use, structure or lot which existed lawfully, whether by variance or otherwise, on the date this Zoning Ordinance or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations in the zoning ordinance or such amendment thereto.

USE, PRINCIPAL means the main use on a lot.

UTILITY means public or private infrastructure serving a limited area with no on-site personnel, including on-site stormwater retention or detention facility, neighborhood serving telephone exchange/switching center, gas/ electric/telephone/cable transmission lines, water and wastewater pump station or lift station, gas gates, reservoir, control structure, drainage well, water supply water well, utility and public service uses.

VEHICLE FLEET MANAGEMENT OPERATION means the processes that go into transporting items, using resources such as vehicles, drivers, fuel, spare parts, and so on. Fleet management means organizing and coordinating these resources and the operations. It helps streamline processes involved in the logistics of goods.

WALK-UP SERVICE means a facility used to provide goods and services to customers on foot (as opposed to a drive-in or drive-through) through windows or stations arranged and oriented to allow service and provision of goods without requiring customers to enter a building.

WALKING DISTANCE means the distance between an outside entrance to a building or part thereof or to an outdoor use, and a parking space assigned to such building, part thereof or outdoor use, along the shortest, most convenient pedestrian walkway open to the user or users of such parking space.

WASTE PROCESSING AND TRANSFER means uses that receive solid or liquid wastes for processing, storage, treatment or disposal on-site or for transfer to another location; uses that collect sanitary wastes; uses that treat contaminated materials; uses that process materials for recycling; and uses that manufacture or produce goods or energy from the composting of organic material. Examples of such uses include energy recover plants, portable sanitary collection equipment, storage and pumping, recycling operations, sewer treatment plants, waste composting, waste incineration, transfer stations for solid, bulk, medical or biomedical waste.

Accessory uses include offices, recycling of materials, and repacking and transportation of byproducts, but exclude motor vehicle junkyards and collection facilities for ties and oil within gas stations and repairers.

WATER-DEPENDENT USE means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and which cannot be located away from these waters.

YARD means an open space unobstructed from the ground up, on the same lot, with a principal building, extending along a lot line or street line and inward to the principal building. The size of a required yard shall be measured as the shortest distance between the outer face of the building foundation wall and a lot grade, including shelters for nuclear fall-out, shall not be deemed to occupy required yards.

YARD, FRONT means a yard between a principal building and a street line and extending the entire length of the street line.

In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. In any case where a building line requirement has been established by the Building Lines Commission which is different from the front yard requirement, the stricter of the two requirements shall control.

YARD, REAR means a yard between a principal building and a rear lot line and extending the entire length of the rear lot line.

YARD, SIDE means a yard between a principal building and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard. Where there are three or more side yards on the same lot and two different side yard requirements exist in the District Regulations, only one such yard must meet the larger of the two requirements.

ZERO LOT LINE DEVELOPMENT means three or more single family dwellings that are attached dwellings, with one common side yard of zero feet for end dwelling units and two common side yards of zero feet each, for interior dwelling units, located on individual lots.

Definition of Yard Types

Lot and Yard Types

(Ord. No. 1367, § 1, 12-6-04; Ord. No. 1368, §§ 1, 2, 2-7-05; Ord. No. 1614, § 1, 3-1-10; Ord. No. 1665, 10-3-11; Ord. No. 1685, Sched. D, 8-6-12; Ord. No. 1726, Sched. A, 12-2-13; Ord. No. 1751, Sched. A, § 1, 8-6-14; Ord. No. 1820, Sched. B, 6-5-17; Ord. No. 1857, Sched. A, 4-15-19; Ord. No. 1886, Sched. C, 1-17-20; Ord. No. 1899, Sched. A, 7-6-20; Ord. No. 1918, Sched. A, 10-4-21; Ord. No. 1927, 1-18-22; Ord. No. 1931, 5-3-22; Ord. No. 1940, 8-1-22; Ord. No. 1944, 9-19-22; Ord. No. 1969, 6-5-23; Ord. No. 1975, 9-19-23)

Section 29. Parking.

(a)                     In any residence district parking spaces and bicycles spaces shall be provided in the amount and location specified by the regulations of that district. Where parking requirements are expressed as a ratio to beds, employees, floor area, etc., any fraction of the stated amount of beds, employees, floor area, etc., shall require one parking space or bicycle space, but after the first such parking space or bicycle space, only a fraction of ½ or greater shall require an additional parking space or bicycle space.

(b)                     All parking spaces shall be 9 feet × 18 feet exclusive of adequate driveways and aisles, except, thirty (30%) of all parking spaces may be compact car spaces if located in a parking lot or structure that contains 20 or more parking spaces. All parking spaces shall have direct access to a circulation aisle, alley or street, be suitably surfaced and drained and be provided with bumper or wheel guards where needed. All parking areas containing three or more parking spaces shall include a turnaround designed and located so that vehicles can enter and exit the area without backing into the public right-of-way.

(c)                     No parking space shall be located within any required front yard, except that: parking spaces (whether enclosed or not) may be permitted to be located within a required front yard by special exception under subsection 63(d) of this ordinance upon finding, among other things, that such parking spaces are necessary to the use with which they are connected, that they cannot be practically located elsewhere on the lot, that their location within a required front yard will not depreciate property values or cause vehicular or pedestrian traffic hazards or substantially decrease the open aspect of the street, and that such parking spaces are properly screened and otherwise arranged in accordance with the requirements of this ordinance.

A parking space or bicycle space may be located within a required side yard or rear yard, provided that no such parking space or bicycle space shall extend within two feet of any side of any side lot line or rear lot line; but a parking space or bicycle space within an accessory building shall follow the requirements of section 25 as to location within required side and rear yards.

(d)                     A site shall provide two bicycle spaces for the first ten required or proposed parking spaces and one additional bicycle space for each additional ten required or proposed motor vehicle parking spaces or fraction thereof.

In any case of a use in a residence district for which ten or more motor vehicle parking spaces are required one bicycle parking space may be substituted for one motor vehicle parking space per each ten required motor vehicle parking spaces or fraction thereof.

(e)                     Bicycle parking spaces shall comply with designs approved by the City of New Haven Department of Transportation, Traffic and Parking and at a minimum must provide a bicycle rack that permits the locking of a bicycle frame and one wheel while supporting the bicycle in a stable position that will not damage the bicycle or its components or interfere with pedestrian access to the sidewalk and ingress and egress to buildings or facilities. Required bicycle parking spaces are also subject to the additional following standards:

(1)                     Short-term bicycle parking is intended to encourage bicycle use for shoppers, customers and visitors by providing convenient bicycle parking located adjacent to main entrances of buildings. It should be located within 50 feet of each main building entrance as measured by the most direct pedestrian access route.

(2)                     Long-term bicycle parking provides safe and weather protected places for users requiring longer periods of bicycle storage such as residents, employees and students. Specific requirements include:

a.                     Long-term bicycle must be located on or within 100 feet of the site.

b.                     At least 50 percent of required spaces must be covered.

c.                     The area must be locked or secured.

(3)                     Short and long range parking by use.

a.                     Multi-family residential: Short term-10%, long term-90%

b.                     Retail, restaurant: Short term-66%, long term -33%

c.                     Office: Short term-20%, long term-80%

d.                     Manufacturing and warehouse: Long term-100%

e.                     Medical uses: Short term-66%, Long term-33%

f.                     Other uses: To be determined by City Plan Commission

(f)                     In the case of any use in a residence district for which three or more parking spaces are required, all parking spaces not within a building shall be provided with a suitable fence, wall or evergreen planting at least five feet in height, designed to screen noise, odors, visibility and headlight glare, and located between such parking spaces and any other lot in a residence district that abuts directly or across a street or alley. This requirement shall not apply to parking spaces located on a lot owned by a public housing authority.

(g)                     All artificial lighting used to illuminate any parking space or spaces shall be so arranged that all direct rays from such lighting fall entirely within such parking space or spaces and shall comply with the requirements of Section 60.1 of these regulations regarding exterior lighting.

(h)                     No sales or servicing or dead storage of automobiles or automotive equipment shall be carried on in any parking space.

(i)                     The Board of Zoning Appeals shall have the power to lessen the requirements of this ordinance as to the number of parking spaces required and/or increase the maximum allowable walking distance to such parking spaces, but only upon a finding that either particular circumstance or mitigative measures qualify such action. Particular circumstance may include, but not be limited to availability of public parking, proximity to public transit or significant levels of pedestrian access. Mitigative measures may include, but not be limited to van and/or car pooling, public parking validation programs, flexible work schedules or other transportation demand management measures. All deviations from normal requirements by means of this paragraph shall be considered as special exceptions under subsection 63(d) of this ordinance. In the case of any religious or educational institution or any hospital, which has an overall parking plan for all of its facilities which has been approved by the Board of Zoning Appeals, the limit of 300 feet walking distance shall not apply. Amendments to a parking plan that covers an area which include a planned development must be submitted for approval per section 65 of this ordinance. All deviations from normal requirements by means of this subsection 29(i) shall be considered special exceptions under subsection 63(d) of this ordinance, and the Board of Zoning Appeals may impose time limits where it finds that the continued adequacy of such other parking standards cannot be fairly predicted.

(j)                     Where it is proposed that two or more uses for which a parking space or spaces are required make joint use of the same parking space or spaces, such joint use shall not be permitted unless:

(1)                     A special exception is granted under the provisions of subsection 63(d), upon a finding, among other things, that the proposed joint use of parking will meet the requirements of this ordinance for the two or more uses involved at the time when such uses are in operation.

(k)                     Two parking spaces may be subtracted from the quantity of parking spaces required for a use or a structure for each carsharing parking space provided in a parking lot or structure containing 50 or fewer parking spaces serving such use or structure, provided, however, that in no event shall the number of parking spaces provided for a use or a structure (excluding carsharing parking spaces) be reduced by more than five percent of the parking spaces required for such use or structure. Five parking spaces may be subtracted from the quantity of parking spaces required for a use or a structure for each carsharing parking space provided in such parking lot or structure containing in excess of 50 parking spaces, provided, however, that in no event shall the number of parking spaces provided for a use or a structure (excluding carsharing parking spaces) be reduced by more than ten percent of the parking spaces required for such use or structure. Fifty percent of carsharing parking spaces at the same location may be compact parking spaces.

(l)                     Once any required parking space has been established within the provisions of this section 29, whether on the same lot as the structure or use to which it is assigned or on a separate lot, such parking space shall not be discontinued if the result would be a reduction below the amount of parking required by this ordinance. Any such discontinuation of a parking space shall constitute a violation of this ordinance, and any existing building permit or certificate of occupancy that could not have been issued without the assignment of such parking space to the structure or use for which it was issued shall become null and void.

(m)                     Electric Vehicle Charging Infrastructure. The requirements for the installation of electric vehicle charging infrastructure are set forth in Article VII, Section 60.4. The installation and use of EVSE is incidental to any parking use as permitted by this ordinance, including their installation and use for individual off-street parking spaces and for parking lots.

Parking, Etc., Requirements in Residential Zones

Section 45. Regulations for parking, loading, automotive and drive-in establishments.

The following regulations shall apply to all uses and zone districts described in section 42 of this ordinance.

In any case where provisions of this section 45 are applicable, the plans submitted shall be sufficient in scope and character to determine that all relevant requirements of this section are adhered to.

In any case in which the zoning enforcement officer is uncertain as to the applicability of standards or the adequacy of facilities, such questions shall be referred to the department of traffic and parking for an opinion. Where further refinement of the provisions of this section 45 is necessary, reference shall be made to The Traffic Engineering Handbook, Institute of Traffic Engineers, in its latest edition, or to A Policy on Arterial Highways in Urban Areas, American Association of State Highway Officials, in its latest edition.

(a)                     Parking and loading.

(1)                     Off-street parking and off-street loading spaces shall be furnished in the following quantities for new uses and expansion of existing uses except where otherwise indicated in Section 45.

a.                     Quantity of parking spaces. The quantity furnished shall be in accordance with the following table. For the sake of clarity, the appropriate key letter in the first column below appears with each use in the Table of Use Regulations in section 42.

Table 45(a)(1)a
Key Letter	General Description of Uses	Minimum Quantity of Parking Spaces
a	Motel, Hotel, Tourist Home, Bed and Breakfast	One per unit
b	Rooming or Boarding House Fraternities and Sororities	One per three sleeping rooms
c	Dwelling, Unit	One-half per dwelling unit, except for one per dwelling unit in BA and BA-1 Districts
d	Assisted Living and Elderly Housing	One-third per dwelling unit
e	Live Work Loft	One per unit
f	Custodial Care	See Section 19
g	Religious institutions	One for each eight seats in the largest place of assembly based upon the maximum occupancy of both fixed and movable seats
h	Cultural activities including art galleries, libraries and museums	One per each eight seats in each place of assembly based upon the maximum occupancy of both fixed and movable seats
i	Public and private elementary and secondary schools	One for each eight seats in each place of assembly commonly having events open to the public, based upon the maximum occupancy of both fixed and movable seats
j	Public and private colleges and universities	Minimum parking: One parking space for each two full-time faculty members or the equivalent (two part-time members equaling one full-time member), plus one parking space for each three employees, plus one parking space for each three non-resident students, plus one parking space for each six beds if residents are allowed to keep automobiles, plus one parking space for each eight seats in each place of assembly (other than classrooms) commonly having one-half or more of its attendance made up of students (and otherwise having one parking space for each four seats) based on the maximum occupancy of both fixed and movable seats
k	General and Special Inpatient Hospitals	Minimum parking: One parking space for each four patient beds (excluding bassinets), plus one parking space for each staff or visiting doctor (based on the average number of such doctors at the hospital or health care clinic at peak times), plus one parking space for each four employees in the largest shift including nurses; plus, in the case of health care clinics, a number of parking spaces for patients equal to twice the number of parking spaces required for doctors
l	Nursing Homes/Rest Homes/Residential Care Homes	One per patient bed
m	Health Care Clinic	Three per 1,000 sq. ft. of gross floor area
n	Retail sales and services	One per 400 sq. ft. of gross floor area
o	General office, including Research Labs and High Technology Services	One per 750 sq. ft. of gross floor area
p	Place of assembly, eating or drinking place, funeral home	One per four seats (total capacity)
q	Indoor Amusement including Game Rooms as defined in subsection 42(f)	One per four persons present at such facilities when they are filled to capacity
r	Vocational, trade or business school	One per two students present at one time
s	Industrial, heavy commercial, transportation, marine, miscellaneous services	One per two employees on the largest shift
t	Game room, as defined in section 42.2	One per two game machines
u	Marina	One per slip

1.                     Exceptions.

A.                     BA-1 and BA-2 Exceptions. In the business A-1 and A-2 zone the following parking standards shall apply to all properties and buildings:

1.                     All residential uses-In the BA-1 zone, one space per unit. In the BA-2 zone, one half (.5) spaces per dwelling unit.

2.                     In the BA-1 and BA-2 zone, nonresidential uses of 2,000 square feet or less gross floor area-No requirement.

3.                     In the BA-1 and BA-2 zone, nonresidential uses of greater than 2,000 square feet gross floor area-Two spaces per 1,000 square feet.

4.                     In all cases, the off-street parking provided on a lot for non-residential uses may not exceed three spaces per 1,000 square feet gross floor area.

5.                     Mixed-use buildings may share parking requirement between residential and non-residential uses. Up to half the residential parking requirement may be counted toward daytime non-residential parking requirements so long as there is reasonable evidence that such uses will not adversely affect residential tenants.

6.                     Off-street parking shall be located to the rear of the principle building and otherwise attractively screened to not negatively impact on the view from the public right-of-way. There shall be no front yard parking.

7.                     Sidewalk curb-cuts should be minimized. Where possible, adjacent lots should share parking access from the public right-of-way. If new curb cuts are required for a development project, pre-existing disused curb cuts must be restored per city standards.

8.                     Drive-in or drive-through establishments are prohibited.

B.                     BD, BD-1, BD-2, and BD-3 Exceptions. In the Business D, D-1, D-2 and BD-3 Districts subsection 45(a)(1)a shall not apply to any except the following uses:

a.                     General and Special and Hospitals.

b.                     Health Care Clinics, Nursing Home or Recovery Care Center.

c.                     Dwellings (including elderly and assisted living and live/work lofts).

d.                     Establishment not meeting the definition of "Restaurant" under Article I, Section 1 of these regulations and selling or serving alcoholic beverages for immediate consumption on or off premises, including accessory entertainment, or permitting immediate consumption of alcoholic beverages on or off premises, including accessory entertainment. (BD and BD-1 Districts only).

C.                     MULW, CGD, and TOC Exceptions. In the MULW, CGD, and TOC zones (but not including parcels in the Light Industrial Coastal Overlay), the following parking standards shall apply:

(1)                     All off-street parking spaces must be located to the rear of principle buildings. (CGD only).

(2)                     Parking requirements are as follows:

Use	Parking Maximum1
Residential	1 per unit
Childcare	5 off-street loading spaces, 7 parking spaces per classroom.
Restaurant	0.5 per seat
Medical	4 spaces for every 4 beds/treatment spaces (excluding bassinets)
All Other Commercial	1 per 1,000 sq. ft.
1.See subsection 3 below. This supersedes all other parking requirements. For uses not listed here, there is no minimum or maximum parking requirement.

a.                     Shared parking arrangements are encouraged, see section 45(a)(6). Designation of spaces for electric vehicles and/or shared vehicles is strongly encouraged.

(3)                     For any development proposing more than the maximum off-street, car parking spaces, a travel demand management study must be submitted. When more than the maximum spaces are proposed, at least one space per every 25 spaces provided must be designated for electric vehicle charging; and one space must be designated for shared vehicles, or a shared vehicle passenger loading space must be provided within 50 feet of a public entrance to the building.

(4)                     New buildings larger than 50,000 sq. ft. or exceeding 50 residential units, that are further than 1,000 feet from a transit stop, are required to provide at least one space for passenger loading for shared and/or autonomous vehicles within 100 feet of a public entrance to the building.

(5)                     Secure (covered and enclosed) bicycle parking is required for residential uses. One bicycle parking space per ten car parking spaces or 0.25 bicycle parking spaces per residential unit, whichever is greater.

(6)                     Temporary bicycle parking is required and shall be provided in publicly accessible areas. Temporary bicycle parking requirements are as follows:

Use	Minimum Required Temporary Bicycle Parking
Residential	0.2 spaces per residential unit
Childcare	5% of the number of children/students
Restaurant	7% of the number of seats
Medical	2% of the number of beds/treatment spaces (excluding bassinets)
All Other Commercial	1 per 10 car parking spaces or 1 per 2,500 sq. ft., whichever is greater

D.                     TOC Exceptions. To promote public transit and alleviate automobile congestion, parking spaces in the TOC zone are limited and subject to the following standards:

(1)                     Eighty-five (85) parking spaces per (1) acre of land shall be permitted as of right;

(2)                     Any parking spaces in excess of eighty-five (85) per acre shall require a special permit.

2.                     In the ratios above, any fraction of the stated amount of floor area, seats, etc., shall require one parking space, but after the first such parking space, only a fraction of one-half or greater shall require an additional parking space.

3.                     Where one building has two or more distinct uses, such uses shall be measured separately for the purpose of determining the quantity of spaces required.

4.                     To be credited to the quantity of parking spaces required for a use, any parking space not on the same lot as such use shall be within 1,000 feet walking distance of such use, except that in the BA and BA-1 Districts such spaces must be within 300 feet of the subject lot. In the BA-2 District, such spaces must be within 650 feet walking distance of the subject lot. All such arrangements shall comply with paragraph 45(a)(5) below.

5.                     The quantity of parking required may be satisfied in whole or in part by transition parking described in subparagraph 13(b)(3)c, if permitted by special exception.

6.                     To be credited to the quantity of spaces required, each parking space shall have an area of not less than nine feet by 18 feet in the case of self-service parking, or eight feet by 18 feet in the case of garage or attendant parking, exclusive of adequate driveways and aisles except that in all districts up to 30 percent of required parking spaces may be compact parking spaces. No area shall be credited as a parking space which is in any part also credited or used as a loading space.

7.                     In all districts two required parking spaces may be subtracted from the quantity of parking spaces required for a use or a structure for each carsharing parking space provided in a parking lot or structure containing 50 or fewer parking spaces serving such use or structure, provided, however, that in no event shall the number of parking spaces provided for a use or a structure (excluding carsharing parking spaces) be reduced by more than five percent of the required parking spaces for such use or structure. Five required parking spaces may be subtracted from the quantity of parking spaces required for a use or a structure for each carsharing parking space provided in a parking lot or structure containing more than 50 parking spaces, provided, however, that in no event shall the number of parking spaces provided for a use or structure (excluding carsharing parking spaces) be reduced by more than ten percent of the required parking spaces. Fifty percent of carsharing parking spaces at the same location may be compact parking spaces.

8.                     In all districts, for any nonresidential use and residential uses in BA, BA-1, and BA-2 districts the site shall provide two bicycle spaces for the first ten required parking spaces and one additional bicycle space for each additional ten required motor vehicle parking spaces or fraction thereof per Table 45(a)(1)a, exceptions in subsection 45(a)(1)a(1) notwithstanding. For any residential use in other nonresidential districts the site shall provide four bicycle spaces for the first ten required parking spaces and one additional bicycle space for each additional ten required motor vehicle parking spaces or fraction thereof per Table 45(a)(1)a, and in any case of a use for which ten or more motor vehicle parking spaces are required, one bicycle parking space may be substituted for one motor vehicle parking per each ten required motor vehicle parking spaces or fraction thereof.

A.                     Bicycle parking spaces shall comply with designs approved by the City of New Haven Department of Transportation, Traffic and Parking and at a minimum must provide a bicycle rack that permits the locking of a bicycle frame and one wheel while supporting the bicycle in a stable position that will not damage the bicycle or its components or interfere with pedestrian access to the sidewalk and ingress and egress to buildings or facilities. Required bicycle parking spaces are also subject to the additional following standards:

1.                     Short-term bicycle parking is intended to encourage bicycling for shoppers, customers and visitors by providing convenient bicycle parking located adjacent to main entrances of buildings. It should be located within 50 feet of each main building entrance as measured by the most direct pedestrian access route.

2.                     Long term bicycle parking provides safe and weather protected places for users requiring longer periods of bicycle storage such as residents, employees and students. Specific requirements include:

a.                     Long term bicycle parking must be located on or within 100 feet of the site.

b.                     At least 50 percent of required spaces must be covered.

c.                     The area must be locked or secured.

3.                     Short- and long-range parking by use.

a.                     Multi-family residential: short term-10%, long term-90%.

b.                     Retail, Restaurant: short term-66%, long term-33%.

c.                     Office: short term-20%, long term-80%.

d.                     Manufacturing and warehouse: long term-100%.

e.                     Medical uses: short term-66%, long term-33%.

f.                     Other uses to be determined by City Plan Commission.

b.                     Quantity of loading spaces. The quantity furnished shall be in accordance with the following table, provided, however, that the requirements of this paragraph shall not apply to any establishment within the Business D-3 District or to any establishment within the Business D-1 District having a gross floor area of less than 10,000 square feet. Any such establishment within the Business D-1 and D-3 Districts having a gross floor area of less than 10,000 square feet shall have available to it adequate off-street loading spaces, with centralized joint use of loading spaces permitted. In the Business D-3 District, a nonresidential building or a mixed-use building with a gross floor area of 10,001-200,000 square feet will require one loading space. For each additional 200,000 square feet of gross floor area of a nonresidential building or the ground floor of a mixed-use building more than 200,000 square feet, an additional loading space will be required in the Business D-3 District, provided however that no more than four loading spaces shall be required for any nonresidential building or mixed-use building in the Business D-3 District. In the Business D-3 District, a centralized shared loading space system shall be established for each nonresidential building and for the nonresidential uses in each mixed-use building. For the sake of clarity, the appropriate key letter in the first column below appears with each use in the Table of Use Regulations in section 42.

Key Letter	General Description of Uses	Gross floor Area (in square feet)	Quantity of loading spaces
x	Use which is primarily concerned with the handling of goods	2,400-20,000	1
		20,001-50,000	2
		50,001-80,000	3
		Each add'l 45,000	1 additional
y	Use which is not primarily concerned with handling goods	2,400-75,000	1
		75,001-200,000	2
		200,001-333,000	3
		Each add'l 150,000	1 additional

1.                     Except in the Business D-3 District, where one establishment has two or more distinct uses, such uses shall be measured separately for the purpose of determining the quantity of spaces required.

2.                     In order to be credited to the quantity of loading spaces required for a use, any loading space not on the same lot as such use shall be in an area immediately adjacent to such lot or (1) connected to it by underground tunnel of sufficient size to accommodate the types of materials intended for loading and unloading and (2) part of a centralized loading space system to provide the regular loading space service to such use.

3.                     Each loading space shall be sufficient in size and arrangement to accommodate trucks of the type servicing the establishment. Aisles in off-street parking areas may be used as loading spaces or maneuver area for entry into loading spaces if the efficient operation of the off-street parking area is not affected thereby.

4.                     In any case where an off-street loading space or spaces have been established, loading shall thereafter take place in such space or spaces in preference to any public street or sidewalk.

(2)                     All parking and loading areas shall have adequate access to a street or alley, be suitably surfaced and drained, and be provided with bumper or wheel guards where necessary to prevent encroachment of vehicles beyond property lines. Sufficient off-street maneuvering area shall be provided. Required yards may be used for parking, provided all other requirements of this ordinance are adhered to.

(3)                     Except in the Business D-3 District, where property in a business or industrial district abuts a residence district, either directly or across a street or alley, the following requirements shall apply to parking and loading areas on such property in such business or industrial district:

a.                     There shall be a buffer strip of land at least five feet in width within such business or industrial district, between the parking or loading area and such residence district.

b.                     There shall be a suitable fence, wall or evergreen planting at least five feet in height, designed to screen noise, odors, visibility and headlight glare, between the parking or loading area and such residence district (except that such fence, wall or planting shall conform to the sight distance requirement in subparagraph (4)c below).

(4)                     Free flow of traffic and protection of pedestrian areas:

a.                     Access and egress shall be always arranged for the free flow of vehicles, to prevent the blocking or endangering of vehicular or pedestrian traffic through the stopping or standing of vehicles on sidewalks or streets. If a reservoir of vehicle standing area on the property is necessary to prevent such blocking of traffic, an adequate reservoir shall be provided.

b.                     Facilities shall be so arranged that no vehicle is allowed to stand or be parked on any sidewalk or other area between the curb and the street line, or on any other area which is privately owned but used by the public as a sidewalk.

c.                     Adequate sight distances shall be maintained for vehicles and pedestrians.

d.                     No access or egress shall be so arranged that vehicles can enter or leave the area only by backing on or across any sidewalk or to or from any street.

e.                     An access or egress driveway shall cross a sidewalk only in such a way that its width at the inner edge of the sidewalk is no greater than its width at the curb (excluding any curved or tapered section known as "curb return"). Any portion of a parking or loading area (or other area for maneuvering or standing of vehicles) abutting a sidewalk at a point other than a permitted driveway shall be provided with suitable copings, wheel stops, bumper guards or other devices to prevent encroachment of parked, standing or moving vehicles upon any sidewalk area not contained within a permitted driveway.

f.                     The construction specifications for curb cuts for driveways (such as line and grade materials) shall be determined by reasonable standards established by the Department of Public Works, and by the City of New Haven Ordinance entitled An Ordinance to Regulate the Laying of Walks, Curbs, Combined Curbs and Gutters, and any amendments thereto. The number, location and length of curb cuts for driveways shall be determined by reasonable standards established by the department of traffic and parking.

(5)                     Any parking or loading space not located on the same lot as the structure or use to which it is assigned, to be credited to the quantity of parking or loading spaces required for such structure or use, must be either:

a.                     Owned by or under long-term lease to the owner of such structure or use, with appropriate deed restrictions and long-term leases recorded on the New Haven Land Records; or

b.                     Made available on a long-term basis by a public agency or agencies, with written certification from such public agency or agencies as to such availability.

(6)                     Shared Parking. Where it is proposed that two or more uses for which a parking or loading space or spaces are required make joint use of the same parking or loading space or spaces, such joint use shall not be permitted unless:

a.                     An appropriate contract between the parties concerned, providing for long-term joint use of such parking or loading, is recorded on the New Haven Land Records; and

b.                     A special exception is granted under the provisions of subsection 63(d), upon a finding, among other things, that the proposed joint use of parking or loading will meet the requirements of this ordinance for the two or more uses involved at the time when such uses are in operation.

c.                     In addition to the circumstances set forth in subsections a and b, in the Business D-3 and Mixed-Use Long Wharf (MULW) Districts, shared parking will be allowed as follows:

1.                     The building is a mixed-use building, and there is evidence established to the reasonable satisfaction of the Department of Transportation, Traffic and Parking, which shall provide a report to the City Plan Commission in connection with a site plan application for the building that one-half of the residential requirement for such building, if counted toward the non-residential parking requirements of the building, will not adversely affect the residential use in the building.

2.                     The on-site parking provided for a nonresidential building is publicly shared parking, in which case the parking requirements for the uses in the nonresidential building shall be reduced by 15 percent.

3.                     Two or more uses and/or structures agree to shared parking, an agreement providing for the shared use of parking executed by the parties involved is filed on the land records of the City of New Haven, and the parking for such uses or structures occur at alternating time periods, which shall be established to the reasonable satisfaction of the Department of Transportation, Traffic and Parking which shall provide a report to the City Plan Commission in connection with the site plan applications for such uses and/or structures. In such case, the number of parking spaces required for each use or structure shall be reduced by 25 percent.

(7)                     Parking in the MULW, Mixed-Use Long Wharf District.

a.                     Parking located beneath a building shall be screened by an architectural treatment to provide no less than 70 percent opacity.

(8)                     Electric Vehicle Parking.

a.                     A parking space served by electric vehicle supply equipment or a parking space designated as a future electric vehicle charging space shall count as one standard parking space for the purpose of complying with minimum parking space requirements of this Section.

b.                     An accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as two standard parking spaces for the purpose of complying with minimum parking space requirements of this Section.

(9) Electric Vehicle Charging Infrastructure. The requirements for the installation of electric vehicle charging infrastructure are set forth in Article VII, Section 60.4. The installation and use of EVSE is incidental to any parking use as permitted by this ordinance, including their installation and use for individual off-street parking spaces and for parking lots.

(10)                     The Board of Zoning Appeals shall have the power to lessen the requirements of this ordinance as to the number of parking or loading spaces required and/or increase the maximum allowable walking distance to such parking spaces, but only upon a finding that either particular circumstance or mitigative measures qualify such action. Particular circumstance may include, but not be limited to availability of public parking, proximity to public transit or significant levels of pedestrian access. Mitigative measures may include, but not be limited to van and/or carpooling, public parking validation programs, flexible work schedules or other transportation demand management measures. All deviations from normal requirements by means of this paragraph (7) shall be considered as special exceptions under subsection 63(d) of this ordinance. In the case of any religious, educational or medical institution which has an overall parking plan for all of its facilities which has been approved by the Board of Zoning Appeals the 300- or 1,000-foot parking distance set forth in this ordinance, including this Section 45, shall not apply.

(11)                     Once any required parking or loading space has been established within the provisions of paragraph (1) above, whether on the same lot as the structure or use to which it is assigned or on a separate lot, such parking or loading space shall not be discontinued if the result would be a reduction below the amount of parking or loading required by this ordinance. Any such discontinuance of a parking or loading space shall constitute a violation of this ordinance, and any existing building permit or certificate of occupancy that could not have been issued without the assignment of such parking or loading space to the structure or use for which it was issued shall become null and void.

(b)                     Automotive establishments. The following requirements shall apply to automotive establishments as indicated regardless of the district in which they are located. Where requirements of State Statutes, the Connecticut Motor Vehicle Commissioner, the Board of Zoning Appeals or some other authority also apply, the strictest of the requirements shall control.

(1)                     Gasoline stations.

a.                     All pump islands shall be located at least 13 feet from any street line.

b.                     The provisions for free flow of traffic and protection of pedestrian areas in paragraph 45(a)(4) above shall apply. Sight distances shall not be obstructed by temporary or permanent signs, racks, displays or other materials or equipment.

c.                     Facilities shall be so arranged that no servicing of any vehicle shall take place on any public street or sidewalk, and no storage of any vehicle shall take place on any sidewalk. Adequate area for parking, storage and servicing of vehicles shall be provided on private property.

d.                     Servicing other than retail sale of gasoline and oil, and minor services customarily incidental thereto, shall be conducted within a building.

(2)                     Repair and limited repair of vehicles.

a.                     The provisions for free flow of traffic and protection of pedestrian areas in paragraph 45(a)(4) above shall apply.

b.                     Facilities shall be so arranged that no servicing or repair of any vehicle shall take place on any public street or sidewalk, and no storage of any vehicle shall take place on any sidewalk. Adequate area for parking, storage and servicing and repair of vehicles shall be provided on private property.

c.                     All repairs other than minor emergency repairs, and all servicing other than customary outdoor services such as tire and chain work shall be conducted within a building. All vehicles which are inoperable by reason of collision shall be stored within a building or be screened in such a manner as to be hidden from view from streets and surrounding properties.

(3)                     Sale of new or used vehicles.

a.                     The provisions for free flow of traffic and protection of pedestrian areas in paragraph 45(a)(4) above shall apply.

b.                     Adequate area for storage of vehicles and for parking of employee and customer automobiles shall be provided on private property.

c.                     Any repairing of vehicles shall conform to paragraph 45(b)(2) above.

(4)                     Car or truck wash (a/k/a Auto laundries).

a.                     The provisions for free flow of traffic and protection of pedestrian areas in paragraph 45(a)(4) above shall apply. Compliance with such provisions shall be assured by adequate design of the establishment, including a reservoir of vehicle storage and standing area on the property, outside the car or truck wash, of at least one-fifth the hourly capacity in vehicles of such facilities.

b.                     Drive-in establishments. The following requirements shall apply to drive-in restaurants, drive-in banks, drive-in laundries, customer pick-ups, drive-in vending machines, and other facilities serving customers either sitting in their vehicles or stepping out briefly to pick up or deliver goods or conduct other business.

The provisions for free flow of traffic and protection of pedestrian areas in paragraph 45(a)(4) above shall apply. Compliance with such provisions shall be assured by adequate design of the establishment, with particular attention to provision of sufficient vehicle stacking capacity.

ARTICLE VII. SITE REQUIREMENTS

Section 60. Stormwater management plans.

(a)                     Purpose and authority. Increased development without proper consideration of stormwater impacts can be a significant source of pollution to Long Island Sound, its tributaries, and other waters of the state. The state's water resources are valuable natural, economic, recreational, cultural, and aesthetic resources. The protection and preservation of these waters is in the public interest and is essential to the health, welfare, and safety of the citizens of the City of New Haven. It is, therefore, the purpose of this ordinance to protect and preserve the waters within New Haven from nonpoint sources of pollution through the proper management of stormwater flows and minimization of inputs of suspended solid, pathogens, toxic contaminants, nitrogen, and floatable debris to these flows.

(b)                     Definitions.

Aquifer: Geologic formation, group of formations, or part of a formation that contains sufficient saturated, permeable materials to yield significant quantities of water to wells and springs.

BMPs-best management practices: Techniques or structural devices that are effective practical ways of preventing or reducing pollution.

First inch of rain: The first inch of rainfall during a single event.

Groundwater: Water found beneath the ground surface that completely fills the open spaces between particles of sediment and within rock formations.

Impervious surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

Sediment: Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site or origin by erosion.

Site: A single parcel, together with any adjacent waters, which is the subject of an application for zoning approval, coastal site plan review, or an inland wetlands permit.

Trash hood: Feature in a catch basin which traps debris such as litter and keeps it from being discharged from the catch basin.

Urban stormwater runoff: Precipitation that falls onto the surfaces of roofs, streets, parking lots, roads, and the grounds of developed areas. Urban precipitation is not absorbed by the ground or retained in its surface, but collects and runs off, carrying a wide variety of pollutants such as oil-based contaminants, heavy metals (copper and lead), nutrients, and bacteria.

(c)                     Application requirements. A stormwater management plan shall be included as a part of any application for zoning approval (including but not limited to special permit and special exception), coastal site plan review, or an inland wetlands permit where:

(1)                     The application pertains to a development or construction disturbing one-half or more acres of total land area on a site; or

(2)                     The application pertains to any site with one-half acre or more of existing and/or proposed impervious cover; or

(3)                     The application proposes new residential development of three or more units; or

(4)                     The application pertains to any new or expanding industrial or commercial use which increases the amount of on-site impervious surface by more than 500 square feet; or

(5)                     The application pertains to any site within the coastal boundary as defined in section 22a-94 of the General Statutes; or

(6)                     The commission which has jurisdiction over the application has required submission of a stormwater management plan pursuant to written findings by that commission that the activity proposed in the application has the potential to cause significant nonpoint source pollution to groundwater or surface water drinking supplies, or to Long Island Sound, or any other waters of the state.

If the commission which has jurisdiction determines that the activity proposed in an application may result in significant nonpoint source pollution to groundwater or surface water drinking supplies, or to Long Island Sound or any other waters of the state, it may refer the application, including the stormwater management plan, to the Commissioner of Environmental Protection for a determination as to whether a discharge permit under section 22a-130 of the General Statutes, or other state authorization, is required.

The commission which has jurisdiction over the application may, upon request, waive some or all of the requirements of this section if it makes a finding based on the proposed project that such requirements are not necessary to determine the impact of the proposed project on the surface or groundwater of the state.

(d)                     Contents of stormwater management plan. Where a stormwater management plan is required, such plan shall provide, at a minimum, the following information:

(1)                     Soil characteristics of the site.

(2)                     Location of the closest surface water bodies and wetlands to the site, and the depth to any groundwater or aquifer areas on or adjacent to the site. In the case of tidal waters, provide the mean high water and high tide elevations.

(3)                     DEP ground and surface water quality classification of waterbodies on and adjacent to the site.

(4)                     Identification of any waterbodies on and adjacent to the site documented by DEP as not meeting water quality standards.

(5)                     Location and description of all proposed stormwater control BMPs for both construction activities and post-construction, long-term stormwater control.

(6)                     Proposed operation and maintenance manual and a schedule for maintaining any trash hoods, catch basins, or other BMP devices used to prevent runoff, facilitate sheet flow or infiltration, or treat stormwater.

(7)                     Calculations of stormwater runoff rates, suspended solids removal rates, and soil infiltration rates before and after completion of the activity proposed in the application.

(8)                     A hydrologic study of pre-development site conditions. Hydrology studies shall be conducted at a level of detail commensurate with the probable impact of the proposed activity and should extend downstream to the point where the proposed activity causes less than a five percent change in the peak flow rates.

(e)                     Standards and criteria for decision. In order to approve any application for which a stormwater management plan is required, the commission shall find the stormwater management plan consistent with the following criteria:

(1)                     Direct channeling of untreated surface water runoff into adjacent ground and surface waters shall be prohibited.

(2)                     No net increase in the peak rate or total volume of stormwater runoff from the site, to the maximum extent possible, shall result from the proposed activity.

(3)                     Design and planning for site development shall provide for minimal disturbance of pre-development natural hydrologic conditions, and shall reproduce such conditions after completion of the proposed activity, to the maximum extent feasible.

(4)                     Pollutants shall be controlled at their source to the maximum extent feasible in order to contain and minimize contamination.

(5)                     Stormwater management systems shall be designed and maintained to manage site runoff in order to reduce surface and groundwater pollution, prevent flooding, and control peak discharges and provide pollution treatment.

(6)                     Stormwater management systems shall be designed to collect, retain, and treat the first inch of rain on-site, so as to trap floating material, oil, and litter.

(7)                     On-site infiltration and on-site storage of stormwater shall be employed to the maximum extent feasible.

(8)                     Post-development runoff rates and volumes shall not exceed pre-development rates and volumes for various storm events. Stormwater runoff rates and volumes shall be controlled by infiltration and on-site detention systems designed by a professional engineer licensed in the state of Connecticut except where detaining such flow will affect upstream flow rates under various storm conditions.

(9)                     Stormwater treatment systems shall be employed where necessary to ensure that the average annual loadings of total suspended solids (TSS) following the completion of the proposed activity at the site are no greater than such loadings prior to the proposed activity. Alternatively, stormwater treatment systems shall remove 80 percent TSS from the site on an average annual basis.

(10)                     Use of available BMPs to minimize or mitigate the volume, rate, and impact of stormwater to ground or surface waters.

(Ord. No. 1662, 9-19-11)

Section 60.1. Exterior lighting.

(a)                     Purpose. To require useful and necessary outdoor lighting within the City that promotes energy efficiency; reduces Light Pollution, Light Trespass, Glare and other offensive light sources; protects and retains the visual character of the City and its neighborhoods; and reduces impacts to the residents' public health, safety, and welfare. The health, safety, and welfare of wildlife and the environment should be considered.

(b)                     Applicability. The standards herein apply to all new and renovated Exterior Lighting. Renovations include changes in light type, mounting height, location, size, brightness, and number of light sources. Renovations do not include, without limitation, routine maintenance such as changing lamp or bulb, ballast, starter, photo control, housing, lenses, and other similar components, and are permitted, provided such renovations do not result in a higher lumen output. This Section also applies to lighting for Indirectly-Illuminated Signs, as defined in Section 60.3.

(c)                     Lighting Plan, Defined. A Light Plan must include (a) a plan sheet identifying the location and height of all new, existing, proposed and renovated Exterior Lights (including but not limited to area, architectural, canopy, soffit, landscape, flag and Sign lights), type of fixture, type of light, and brightness (in lumens and/or footcandles, as appropriate), (b) manufacturer specifications or cut sheets for each lighting fixture, and (c) a photometric plan. A Light Plan is required as a part of any application for zoning approval (including but not limited to site plan, special permit, special exception and planned developments).

(d)                     Design Standards. All Exterior Lighting must be designed, located, installed, and directed in the following manner unless otherwise exempt or prohibited:

(1)                     In general, all exterior light sources must be directed downward. The lighting must also be, as much as physically possible, contained within the target area.

(2)                     Parking Lot and Security Lighting. All outdoor light fixtures within a parking lot, vehicular circulation area, or pedestrian area must be of a Full Cutoff or Fully-Shielded type.

(3)                     Architectural Lighting. Lighting for building facades and Indirectly Illuminated Signs is permitted subject to the following:

a.                     Uplighting does not exceed 900 lumens.

b.                     Upward aimed light is Fully-Shielded and fully-confined from projecting into the sky, eaves, roofs, or overhangs. The light must be fully confined within the vertical surface of the wall being illuminated.

(4)                     Unshielded Lighting. Floodlighting is discouraged, and if used, must be shown that the type of fixture proposed is not objectionable because it (a) prevents Glare for drivers and pedestrians and light above a horizontal plane, and (b) mitigates light trespass beyond the property line. Unshielded, motion activated lighting will not be triggered off the property on which the fixture is located and must go off within five minutes of activation. Unshielded lighting creating Glare or Light Trespass is required to be re-aimed and/or fitted with a shield device to block the Glare.

(5)                     Lighting Curfew. On all parking fields, including surface lots, parking decks and top levels of parking garages which contain a minimum of four light poles, the lighting must be reduced by at least 50 percent of full operational levels within 30 minutes after the close of business. Because certain minimum lighting levels are recommended for safety and security, parking field lighting does not need to be reduced to less than an average .2 footcandles as measured horizontally at the surface on which the light pole is mounted in accordance with Illuminating Engineer Society (IES) Standards

(6)                     Height. Exterior Lighting must not exceed 20 feet in height from the point on the ground directly below the fixture to the highest point on the fixture. Lighting mounted higher than 20 feet may be permitted through the site plan review process, either by Staff or the Commission, as applicable, depending on the site conditions.

(7)                     Maximum Light Levels at the Property Line.

a.                     The maximum light level at any point on the property line cannot exceed: .1 footcandles within or adjacent to a property with a residential use or .2 footcandles when adjacent to properties with other uses. Where the adjacent property is a residential use or mixed-use and the first floor is not residential, the maximum light levels at the property line cannot exceed .2 footcandles.

b.                     Color. Because blue light brightens the night sky more than any other color of light, lighting must have a color temperature of no more than 3000 Kelvins. Exterior Lighting that has warmer light spectrums are preferred.

c.                     The Staff or the Commission, as applicable, may determine that certain light fixtures are exempt from these requirements of this Section because they do not adversely affect an adjacent property owner or the night sky or because they are necessary for the functioning of the use.

(e)                     Exempt Lighting. The following Exterior Lighting is exempt from the provisions of this Section:

(1)                     Lighting required by the Federal Aviation Authority;

(2)                     Temporary lighting associated with an event authorized by the City of New Haven with duration of less than 15 days;

(3)                     Temporary traditional seasonal lighting;

(4)                     Temporary lighting used for emergency purposes by the New Haven Police Department or New Haven Fire Department;

(5)                     National, state and municipal flag lighting;

(6)                     Monument lighting;

(7)                     Sport stadium and athletic field lighting, not including tennis court, basketball court and similar court games not located in a stadium, provided stadium and athletic field lighting applications must submit a photometric plan demonstrating compliance with Maximum Light Levels at the Property Line. Scoreboards are governed by subsection 60.3(j) pertaining to Outdoor Sports Lighting;

(8)                     Lighting required by building code.

(f)                     Definitions pertaining to Exterior Lighting.

(1)                     EXTERIOR LIGHTING: Fixed artificial lighting to illuminate outdoor areas

(2)                     FULL CUTOFF or FULLY-SHIELDED: A light fixture designed to control the view of direct light, in which the light source is enclosed, and hidden from view on all sides except the light-emitting opening.

(3)                     GLARE: Excessive brightness that interferes with vision. Glare interferes with pedestrians' and drivers' ability to safely navigate and poses a public health and safety concern. Glare from Exterior Lighting at the time of the passage of this ordinance must come into conformance with the operational requirements for lighting under this Section.

(4)                     LIGHT POLLUTION: That portion of artificial lighting which is directed or cast outward or upward and does not illuminate the ground or structure for which the lighting was designed or intended but rather aims into the sky, adjoining properties, public rights-of-way, and other areas in a way that impacts others' enjoyment of their personal property, public spaces and dark sky.

(5)                     LIGHT TRESPASS: Light pollution affecting adjoining or nearby property.

(6)                     UPLIGHT or UPLIGHTING: Illumination from a light fixture aimed generally upward (including at angles upward) rather than illumination from above.

(Ord. No. 1662, 9-19-11; Ord. No. 1870, 9-3-19)

Section 60.2. Reflective heat impact from hardscape or paved surfaces.

(a)                     Purpose. The purpose of this section is to reduce the amount of heat reflected by hardscape or paved surfaces, reduce the temperature difference between developed and undeveloped areas and minimize the impact from such differences.

(b)                     Reduction in reflected heat. An applicant shall be required to satisfy the conditions of this section where:

(1)                     The application pertains to any site with one-half acre or more of impervious cover;

(2)                     The application proposes new residential development of three or more units; or

(3)                     The application pertains to any new industrial or commercial use or expansion of an existing industrial or commercial use which expands the amount of impervious surface by more than 500 square feet.

(c)                     Standards.

(1)                     Applicants shall provide that at least 50 percent of all on site non-roof hardscape or paved areas will be either (1) shaded (based on a five year grow out period for all planned and existing vegetation) or (2) be constructed using a material with a Solar Reflective Index of at least 29 and calculated consistent with ASTM E 408 or ASTM C 1371 and ASTM E 903, ASTM E 1918 or ASTM C 1549.

(2)                     Shade coverage shall be the average value based on shading calculated for 10:00 a.m., 12:00 p.m. and 3:00 p.m. on the summer solstice.

(3)                     The requirements of this section may be waived by the commission with jurisdiction based on a showing that the applicant cannot achieve the 50 percent level using reasonable methods but has otherwise maximized the percentage achieved and provided that the applicant cannot reach the equivalent level of reduction using high SRI value material on flat roof surfaces.

(Ord. No. 1662, 9-19-11)

Section 60.3. Signs.

(a)                     Purpose. To promote appropriate and attractive signage that protects public health, safety and welfare; reduces traffic and pedestrian hazards; promotes economic development; protects property values; provides adequate wayfinding for multimodal transportation; preserves neighborhood aesthetics; and furthers the general purpose of the zoning ordinance.

(b)                     Applicability. The standards herein apply to all signs in the following situations:

(1)                     New and renovated signage. Renovations include, without limitation, changes to mounting height, location, size, and quantity and conversion to digital or lit displays. Renovations do not include routine maintenance such as cleaning, substantially similar replacement, or changing or replacing of like-kind lighting components that do not result in a greater lumen output.

(2)                     A change of use.

(3)                     Signage associated with applications otherwise subject to site plan approval under Section 64(f) of the zoning ordinance.

(4)                     No vested right is ever created in existing electronic signage such that if the ordinance governing operational aspects of such signage (e.g. dwell time, transitions, illumination, brightness) are modified, then sign owners and operators are required to bring signs into compliance.

(5)                     Any sign authorized in this ordinance can contain non-commercial copy in lieu of other copy.

(c)                     Illumination. A sign may be illuminated if illumination is confined to or directed toward the surface of the signs. There will be no flashing, shimmering or glittering lights located on or adjacent to such sign. Signs may be directly lit or indirectly lit. In no event will glare be visible on adjacent properties or public areas. The illumination of any sign, Directly-Illuminated Sign or Indirectly-Illuminated Sign, cannot exceed 250 nits at the sign face during the day and 125 nits between dusk and dawn, with no greater than .1 footcandles of light trespass onto adjacent property. For Directly-Illuminated Signs, including back-lit signs, to reduce light trespass from the translucent sign surface, the sign must consist of a dark colored background with light-colored lettering, logos, or symbols. Illumination of Dynamic Displays must comply with the provisions of subsection 60.3(i). Indirectly-Illuminated Signs must comply with the provisions of Section 60.1.

(d)                     Reserved.

(e)                     Permitted Sign Types by Zoning District.

Table 60.3.5 Summary of Permitted Sign Types by Zoning District

KEY: R-Permitted As-of-Right; SP-Special Permit; SE-Special Exception; X-Not Permitted
	RS-1 & RS-2	RM-1, RM-2 & RO	RH-1 & RH-2	BA Zones	BB	BC	BD Zones	BE	Industry Zones
Wall Sign	X	R	R	R	R	R	R	R	R
Awning Sign	X	R	R	R	R	R	R	R	R
Canopy-Mounted Signs	X	X	SP	R	R	R	SP	X	R
Marquee Signs	X	X	X	SP	SP	X	R	SP	X
Pole Sign	X	X	R	R	R	R	R	R	R
Roof Sign	X	X	X	X	X	X	X	X	X
Window Sign	X	X	X	R	R	R	R	R	R
Blade Sign	X	R	R	R	R	R	R	R	X
Monument Sign	X	X	SP	SP	X	X	SP	X	SP
Painted Signs	X	X	SP	SP	SP	SP	SP	SP	SP
Dynamic Display	X	X	X	SP	X	X	SP	SP	SP
Tem-  porary Sign	R	R	R	R	R	R	R	R	R
Mini-Panel Signs	X	X	X	X	X	X	X	X	X

Note: Off-Premises Signs are permitted in accordance with subsection 60.3(h).

(f)                     On-Premises Signs in Residential Zoning Districts.

(1)                     Size. On-Premises Signs in Residential Zoning Districts cannot exceed six square feet except for those signs associated with establishments providing goods or services under Section 31 of this ordinance or providing accessory retail goods or services in an RH-2 District, which signs are not to exceed six square feet or ten percent of the area of the ground floor wall surface on which such sign is located, including window and door area, whichever is greater.

(2)                     Number. One sign is permitted per lot, except if it is a one-, two-, or three-dwelling unit lot, then no sign is permitted. Two signs are permitted for corner lots.

(3)                     Illumination. Signs may be non-illuminated signs, Indirectly-Illuminated Signs, or Directly-Illuminated Signs, except in the RS-1 and RS-2 zoning districts where Directly-Illuminated Signs are not permitted. Indirectly-Illuminated Signs must comply with Section 60.1 of the ordinance.

(4)                     Additional Requirements. Signs in Residential Districts must meet the following design and location requirements:

a.                     No sign can be located above the ground floor of any building or more than 20 feet high, whichever is less. The maximum height of Signs will be measured from grade below the sign, except for pole-mounted signs, which will be calculated from the grade of the curb at the closest point to the pole-mounted sign to the top of the sign.

b.                     No Pole Sign can be can be located closer to the street than one-half of the front yard required in that zoning district. Where the front yard is non-conforming, this calculation is based off the required front yard. Where it is infeasible to comply with this provision, a special exception may be requested at the Board of Zoning Appeals to request a feasible, appropriate alternative distance from the street.

c.                     Where the public entrance is not on the front façade, the Staff, the Commission, or the Board of Zoning Appeals, as applicable, may permit a secondary entrance sign of a permitted type, no more than three square feet in area.

(5)                     Notwithstanding the other provisions of this Section, signs for churches, schools, or other public or semi-public institutions and civic bodies must be located at least 10 feet inside any lot line and not to exceed 20 square feet in area. These uses fronting on two or more streets are entitled to a sign on each street.

(6)                     Directional signage required by building code or the Department of Transportation, Traffic and Parking is exempt.

(g)                     On-Premises Signs in Business, Downtown, and Industrial Districts.

(1)                     Size.

a.                     The total area for all on-premise Signs cannot exceed:

BB, BC, BE, and Industrial Zones	2 square feet per linear foot of front building wall (or length of the portion of the building that is devoted to such establishment).
BA Districts	3 square feet per linear foot of front building wall (or length of the portion of the building that is devoted to such establishment).
BD Districts	4 square feet per linear foot of front building wall (or length of the portion of the building that is devoted to such establishment).

b.                     If such establishment is operating without a building, or in a building covering less than 100 square feet of lot area, the maximum total area of on-premise signs is one square foot per linear foot of street frontage.

c.                     If such building fronts on two or more streets, the sign area is calculated based on the linear length one the longest building wall fronting on a street.

d.                     If such establishment does not occupy any floor area on the ground level of the building (other than an entryway), the maximum area of On-Premise Signs is one square foot per linear foot of the front building wall.

e.                     Window Signs on the inside or outside of windows are excluded from the computation, unless the area of the Window Sign is equal to or greater than 50 percent of the area of the window it occupies. De minimus signage displaying the hours of operation, and whether open or closed, does not count toward the computation. Window signs may be Directly-Illuminated Signs. No more than 20 percent of continuous windows may be covered with signs.

f.                     Wall Signs must be mounted against the building wall or within five feet of the building wall, and notwithstanding the other provisions of this Section, may not exceed one-third the area of the wall (including windows and doors) on which it is located. Wall signs may not extend past the edge of any wall.

(2)                     Number. Each lot may have up to three signs, or one sign per business on the lot, whichever is greater. The area of all signs on the lot must not exceed the total area permitted in subsection (g)(1), above. Lots may have a mix of sign types as permitted in subsection 60.3(e). However, a lot may never have more than one Pole Sign or electronic sign and never both. The Board of Zoning Appeals may grant a Special Exception for more than one Pole Sign or electronic sign or both on a single lot in its discretion if the proposed signs do not conflict with the purpose of this Section.

(3)                     Illumination. Signs may be non-illuminated signs, Indirectly-Illuminated Signs, or Directly-Illuminated Signs. Illuminated Signs must comply with the relevant provisions of this section. Indirectly Illuminated Signs must comply with Section 60.1 of the ordinance.

(4)                     Additional Requirements.

a.                     The maximum height of signs will be measured from average grade directly below the sign, except for pole-mounted signs, which will be calculated from the grade of the curb at the closest point to the pole-mounted sign to the top of the sign.

b.                     Where the public entrance is not on the front façade, the Staff, the Commission, or the Board of Zoning Appeals, as applicable, may permit a secondary entrance sign of a permitted type, no more than three square feet in area.

c.                     Directional signage required by building code of the Department of Transportation, Traffic and Parking is exempt.

(h)                     Off-Premises Signs.

(1)                     Off-Premises Sign Development Standards.

Maximum Sign Area (Sq. Ft.)	900
Typical Height x Width (Ft.)	18 x 48
Maximum Height (Ft.)	30
Minimum Spacing	1,500 feet1
Permitted Locations	BA, BB, BE, IL, IH2

¹ Minimum Linear Spacing in feet between Off-Premises Signs on the same side of a limited access highway within the Bulletin and Spectacular Sign Zoning Map Overlay District only.

² Within the Bulletin and Spectacular Sign Zoning Map Overlay District.

(2)                     Locations Prohibited for Off-Premises Signs.

 a.                     Within any Residence District (RS-1, RS-2, RM-1, RM-2, RH-1, RH-2, RO) or the BA-1, BC, BD, BD-1, or BD-3 Business Districts;

b.                     On the roof of any building more than two stories in height, whether the building is in use or not;

c.                     Directly painted on a wall of any building unless otherwise approved by Special Permit;

d.                     On or over a public right-of-way or public property;

e.                     In or within 250 feet of any PARK district;

f.                     In or within 250 feet of any National Register Historic District or local historic district;

g.                     Within 1,500 feet of another off-premises sign, measured from the closest points between such signs on the same side of a limited access highway oriented to the same travel direction;

h.                     State Route 15 (SR-15);

i.                     Interstate 95 (I-95) from Howard Avenue easterly to Water Street; or

j.                     Interstate 91 (I-91) northbound side from Quinnipiac River to Foxon Boulevard (SR-80).

(3)                     Height Restrictions. The maximum height of a sign is 30 feet. The permitted maximum height is calculated from the closest curb of the local street or limited access highway to which the Off-Premises Sign is oriented, to the top of the sign.

(4)                     Design Restrictions. Off-Premises Signs cannot contain any of the following:

a.                     Moving parts; or

b.                     Appendages, cut-out letters of figures that exceed 20 percent of the permitted off premises sign area or that protrude more than 12 inches beyond the flat surface of the sign face; or

c.                     Lights that flash, shimmer, glitter or lights that give the appearance of flashing, shimmering or glittering. Exceptions to this restriction include time, temperature and smog index units, provided the frequency of change is more than a five-second interval; or

d.                     Walls or screens at the base of the off premises sign which create a hazard to public safety or provide an attractive nuisance; or

e.                     Devices which emit audible sound, odor or particulate matter.

(5)                     Performance Standards.

 a.                     Maintenance. All Off-Premises Signs and components thereof must be maintained in good repair and in a safe, neat and clean condition.

b.                     Unsafe Off-Premises Signs. The Building Official may cause to have removed or repaired immediately without written notice any off premises sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and as such, presents an immediate threat to public safety. If such action is necessary to render an Off-Premises Sign safe, the owner or lessee bears the cost of emergency removal or repair.

c.                     Abandoned Off-Premises Signs. Any Off-Premises Sign located on property which becomes vacant and is unoccupied for a period of two years or more is deemed abandoned. Owner or lessee of the property on which the Off-Premises Sign is located must remove it. If the owner or lessee fails to remove the Off-Premises Sign, the Zoning Enforcement Officer will give the property owner or lessee written notice to remove it within 15 days. Upon failure to comply with this notice, the zoning enforcement officer may initiate such action as may be necessary to gain compliance with the provisions herein.

d.                     Lighting. All external lighting must be directed onto the display surface only. Glare may not shine onto adjacent properties or public areas. All service wiring in excess of 250 feet length for Off-Premises Signs must be underground.

e.                     Clearance. Off-Premises Signs projecting over a driveway or driving aisle must have a minimum clearance of 16 feet between the lowest point of the off premises sign and driveway grade and over a pedestrian walkway a minimum clearance of eight feet six inches between the lowest point of the off premises sign and the walkway grade.

(i)                     Dynamic Displays.

(1)                     Definition. A sign or portion thereof that displays electronic, static images, static graphics, text information, or static pictures, with or without information, defined by a small number of matrix elements using combinations of light emitting diodes (LED), fiber optics, light bulbs, liquid crystal display (LCD) or other illumination devices within the display area. Dynamic Displays include computer programmable, microprocessor controlled electronic or digital displays.

(2)                     Applicability. Any sign with a dynamic display that is visible from the public right-of-way is subject to this subsection of the ordinance. It also applies to Digital Menu Boards.

(3)                     Size, Height.

a.                     Dynamic Display On-Premises Signs cannot be larger than 50 square feet. The area of the Dynamic Display counts toward the overall total allowable sign area permitted. The height of Dynamic Display On-Premises Signs must comply with the provisions of subsections 60.3(f) and 60.3(g).

b.                     Dynamic Display Off-Premises Signs must comply with the size and height requirements of section 60.3(h).

(4)                     Location.

a.                     Dynamic Displays are permitted in accordance with Table 60.3.5.

b.                     On-Premises Signs and Off-Premises Signs of the types in Table 60.3.5 may be Dynamic Displays.

c.                     The Location of Dynamic Displays must comply with the location requirements for the type of sign (e.g., Pole Sign, Wall Sign, etc.) otherwise set forth in this ordinance.

d.                     A Dynamic Display may not be within 500 feet of another Dynamic Display facing the same traveled way.

(5)                     Performance Requirements. All Dynamic Displays must comply with the following standards:

a.                     The maximum brightness may not exceed 5,000 nits during the day and may not exceed 250 nits between dusk and dawn.

b.                     All Dynamic Displays abutting a residential zone or use may not emit more than .1 footcandles above ambient light levels at the property line or zone boundary.

c.                     The Sign content must have a minimum dwell time of ten seconds and may not contain any movement, animation, audio, video, pyrotechnics, or other special effects.

d.                     Transitions must occur in one second or less and involve no animation or special effects.

e.                     The city, through appropriate personnel, may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed via Dynamic Displays. Upon notification, the sign operators will display in appropriate sign rotations: Amber Alerts, emergency information, and traffic information and anything else pertaining to health, safety and welfare in the judgment of the City. Emergency information messages are to remain in rotation according to the designated issuing agencies protocols.

f.                     If Dynamic Displays are not operating in accordance with these standards, the display must be adjusted. Failure to adjust may result in other enforcement actions by the City.

(5)                     Operational Requirements. Before the issuance of a permit, the applicant should provide written certification from the manufacturer, operator, or other qualified professional as to the functionality of the sign as part of an application for a Special Permit, stating that the Dynamic Display is equipped with the following standards.

a.                     Two brightness levels must be provided and adjusted for day and night conditions.

b.                     A digital sign must be turned off to render a blank dark screen or freeze the display in the event of a malfunction.

c.                     All digital signs must employ only non-flickering lights.

(j)                     Outdoor sports lighting.

(1)                     Applicability. The standards herein apply to all new and renovated outdoor sports arena/stadium and court lighting. Renovations include, without limitation, changes in light type, mounting height, location, size, brightness, and number of light sources. Renovations also include conversions from unlit scoreboards to Indirectly-Illuminated Signs, Directly-Illuminated Signs and Dynamic Scoreboards. Renovations do not include routine maintenance such as changing lamp or bulb, ballast, starter, photo control, housing, lenses, and other similar components, and are permitted, provided such renovations do not result in a high lumen output. This Section also applies to lighting for Indirectly Illuminated Signs.

(2)                     Size. Scoreboards can be no greater than 1,200 square feet.

(3)                     Height. Scoreboards can be mounted no higher than 20 feet from the highest point of the stadium, or in the case of the court, 20 feet higher than grade.

(4)                     Scoreboard Illumination. Scoreboards may be illuminated based on the provisions of this Section. Dynamic Scoreboards must comply with Performance and Operational Requirements for Dynamic Displays. Dynamic Scoreboards are exempt from Lighting Curfew, animation prohibitions, and other lighting reduction requirements.

(5)                     Lighting used for outdoor sports fields and outdoor playing courts must be, to the greatest extent possible, contained to the field/court area.

(6)                     All sports field/court lighting may be turned on no earlier than one hour before a sporting event and turned off after use, or no later than one hour after the end of a sporting event.

(7)                     A Lighting Plan, as defined in Section 60.1, is required for proposed outdoor sports lighting and scoreboards.

(k)                     Variances. In any case where special circumstances concerning the character, arrangement or location of structures warrant a modification of the standards of this section regarding size, placement or height of signs, the Board of Zoning Appeals shall have the power to permit such modification by variance under § 63(c) of this ordinance, if the same has met the standards enumerated below.

(1)                     The variance is necessary to achieve visibility due to specific physical constraints of the site or surrounding area.

(2)                     The sign or signs is keeping with the scale and massing of nearby structures and/or geographic features.

(3)                     The sign or signs will not require substantial alteration of the existing tree canopy to achieve clear view of the sign or signs.

(4)                     The sign or signs will not have a negative effect on views or vistas from or of Downtown, Long Wharf, East Rock, West Rock, New Haven Harbor, or the upper Quinnipiac River (Oyster Village).

(5)                     The sign or signs are necessary to promote the safety of drivers or pedestrians and the granting of the variance will not otherwise negatively impact safety.

(l)                     Law Governing Conflicts. Where any provision of federal, state, or municipal law or ordinance conflict with any provision of this Section, the most restrictive governs unless otherwise required by law.

(m)                     Definitions.

AREA OF SIGN. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all such faces are included in determining the sign area.

AWNING SIGN. A sign that is mounted, painted or otherwise affixed or attached to an awning. Area of the sign is calculated by drawing the smallest possible square or rectangle around the copy as described in the definition of Area of Sign.

BLADE SIGN. Also known as a Projecting Sign. A sign attached to and projecting out from a building face or wall, generally at right angles to the building, including signs that project into the right-of-way.

CANOPY-MOUNTED SIGN. A sign with individual alphanumeric characters and/or graphic elements mounted on top of a permanent canopy.

DIGITAL MENU BOARD. Exterior Menu Signs associated with drive-thru establishments, whether or not operated via touch screen. Digital Menu Boards must comply with Dynamic Display provisions of this ordinance.

DIRECTLY-ILLUMINATED SIGN. A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign including, but not limited to, neon and exposed lamp signs.

DYNAMIC DISPLAY. See Section 6.3(i)(1).

DYNAMIC SCOREBOARD. A scoreboard otherwise meeting the definition of a Dynamic Display in Section 6.3.(i)(1).

INDIRECTLY-ILLUMINATED SIGN. A sign illuminated with a light exterior to its surface and so shielded that the rays illuminate the sign.

MINI PANEL. Signs posted on street furniture, bus shelters, and benches that are part of the city-wide system.

MONUMENT SIGN. A freestanding sign on a permanent decorative or architectural base, typically constructed in a front yard or on a corner lot. Monument Signs have a maximum height of five feet and must not block any site lines.

POLE SIGN. A free-standing sign attached to the ground by means of one or more poles.

POSTER SIGN. See Temporary Sign.

PROJECTING MARQUEE SIGN. A sign with manually changeable copy or, where permitted Dynamic Display, and one (curved) to three faces. All faces will count toward the allowable area of the sign.

MINI PANEL SIGN. An Off-Premises Sign oriented to a local street, typically located on street furniture such as bus shelters or benches that are part of the city-wide system.

ROOF SIGN. A sign consisting of individual alphanumeric characters, graphic elements or other copy, erected on the roof of a building and projecting above the highest point of the roof line or parapet of the building. It is typically situated parallel to the adjacent street and does not project beyond the front facade of the building.

OFF-PREMISES SIGN. Signs containing copy that is not related to the use of the premises on which it is located, oriented to a limited access highway, either Directly Illuminated or Indirectly Illuminated.

ON-PREMISES SIGN. Signs containing copy related to the use of the premises on which it is located.

TEMPORARY SIGN. A sign not permanently affixed or attached to the ground or a structure for a period of less than 40 days, which can be removed without special handling.

WALL SIGN. Also known as Belt Sign or Band Sign. A sign that is mounted directly to the building face to which the sign is parallel.

WINDOW SIGN. A sign posted, painted, placed or affixed in or on a window for public viewing.

(Ord. No. 1871, 9-3-19; Ord. No. 1872, 9-3-19)

Section 60.4. Electric Vehicle Charging Infrastructure.

(a)                     Purpose. To promote the adoption of electric vehicles and plug in hybrid vehicles in order to reduce greenhouse gas emissions and improve air quality, public health, and welfare; to provide infrastructure for the affordable charging of plug-in vehicles; to comply with the requirements of Public Act 22-25; and to further the general purpose of the zoning ordinance.

(b)                     Applicability. On or after the effective date of this ordinance, the requirements of the standards herein shall apply to all applications to the City Plan Commission which provide for new off-street parking spaces and require Site Plan Review. 

(c)                     General Rule. The minimum requirements for the installation of electric vehicle charging infrastructure are as follows:

1.                     For all applications including Dwellings, Rooming, Boarding, or Lodging Houses, or commercial lodging establishments, including hotels, motels, tourist homes, and bed and breakfast establishments a minimum of one parking space or at least 25% of the total number of new parking spaces, whichever is greater, shall be Residential EV Ready Spaces.

2.                     For applications that do not include Dwellings or Rooming, Boarding or Lodging Houses, or commercial lodging establishments, including hotels, motels, tourist homes, and bed and breakfast establishments, a minimum of ten (10) percent of new parking spaces must be EV Capable Spaces. A minimum of five (5) percent of new parking spaces, and not less than one, must be Nonresidential EV Ready Spaces.

3.                     If ALMS is used to meet the minimum requirement, plans shall be stamped by a third-party licensed and qualified electrician or electrical engineer and shall include an electrical service load calculation demonstrating compliance.

4.                     If ALMS is not used to meet the minimum requirement, then documentation of the nameplate rating of the equipment by a qualified electrician or electrical engineer is sufficient to demonstrate compliance.

5.                     In site plan applications with 30 or more new parking spaces, 10% of the new parking spaces must still be supplied with 208/240-volt power, pursuant to the requirement of Connecticut General Statutes Chapter 60, Section 4b-77(c) as may be amended from time to time.

(d)                     Minimum Requirements. 

1.                     The percentage requirements set forth in the standards herein are calculated based on the number of approved new parking spaces for a development.

2.                     Where any percentage calculation required under the standards herein results in a fractional parking space greater than or equal to one half, it shall be rounded up to the next whole number. Where any percentage calculation required under the standards herein results in a fractional parking space less than one half, it shall be rounded down to the nearest whole number but in no event shall it be less than one.

3.                     The total number of EV Capable Spaces required shall decrease by the total number of Residential or Nonresidential EV Ready Spaces provided that exceed the minimum for Residential or Nonresidential EV Ready Spaces as required in the standards herein.

(e)                      Design. 

1.                     EVSE station outlets and connectors shall be no less than 36 inches and no higher than 48 inches from the surface of the floor. Receptacles may be no less than 15 inches and no higher than 48 inches from the surface of the floor. 

2.                     No EVSE may be placed within the dimensions of a parking space.

3.                     When cords and connectors are not in use, retraction devices or storage compartments shall be located sufficiently above the pedestrian surface and the parking lot so as to reduce conflicts with pedestrians and vehicle maneuvering.

4.                     EVSE must be designed and located so as not to impede pedestrian, bicycle, wheelchair or mobility device movement, or create safety hazards on sidewalks.

5.                     EVSE mounted on structures such as pedestals, lighting posts, bollards, or other devices shall be located in a manner that does not impede pedestrian, bicycle, wheelchair or mobility device movement or transit travel.

6.                     EVSE shall be protected by wheel stops or concrete-filled bollards. Wheel stops and bollards shall not impede the 36-inch path of travel as required for the accessibility of individuals using wheelchairs and other mobility devices. 

7.                     Upon a showing of good cause, alternative designs may be approved by the Director of City Plan or their designee.

(f)                     Signage.

1.                     Each Residential or Nonresidential EV Ready Space containing an EVSE or Receptacle shall be marked with signage in an unobstructed location. In parking spaces open to the public aside from Dwellings or Rooming, Boarding or Lodging Houses, signage shall be required to indicate that the space is only for Electric Vehicle charging purposes. 

2.                     Each Residential or Nonresidential EV Ready Space containing an EVSE or Receptacle shall include signage that complies with the standards applicable to Electric Vehicle charging contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways (FHWA MUTCD), as may be amended from time to time.  

3.                     Each accessible Residential or Nonresidential EV Ready Space, as distinguished in the City’s zoning ordinance, shall have signage that follows applicable accessibility guidelines from the U.S. Access Board, the Connecticut General Statutes, state and federal building codes, and/or Fair Housing Laws. If the requirements differ, the most stringent shall prevail.

4.                     Unless otherwise required by federal or state law or building codes, each accessible Residential or Nonresidential EV Ready Space, as distinguished in the City’s zoning ordinance, shall have a clearly legible sign that reads, "This is an accessible EV charging space: Persons with disabilities have preferred access. Persons without disabilities may only charge their EVs in this space if all other EV charging spaces are occupied.” Such signage is not necessary if there is only one EVSE or Receptacle total.

(g)                     Accessibility.

1.                     A minimum of 5% and not less than one (1) of the Residential or Nonresidential EV Ready Spaces at the building or facility shall be accessible and in compliance with the accessible EV charging guidelines promulgated by the U.S. Access Board, the Americans with Disabilities Act, and other applicable state and federal laws and building codes as may be amended from time to time. If the requirements differ, the most stringent shall apply. If there are no Residential or Nonresidential EV Ready Spaces required as per the standards herein, then there shall be no accessible Residential or Nonresidential EV Ready Spaces required. The accessible Residential or Nonresidential EV Ready Spaces shall be located on an accessible route and shall be the closest Residential or Nonresidential EV Ready Spaces to an accessible entrance to the building or facility. 

2.                     The accessible Residential or Nonresidential EV Ready Spaces shall be above and beyond the requirements for the number of statutorily required accessible parking spaces. Unless otherwise required by federal or state law or building codes, the accessible Residential or Nonresidential EV Ready Spaces shall not be reserved for persons with disabilities. However, persons with disabilities shall be given priority access to the accessible Residential or Nonresidential EV Ready Spaces. Persons without disabilities shall only use an accessible Residential or Nonresidential EV Ready Space if there is no other EVSE or Receptacle available at the building or facility.

3.                     If any of the Residential or Nonresidential EV Ready Spaces are outfitted with Receptacles or EVSEs, then the accessible Residential or Nonresidential EV Ready Spaces in that building or facility shall also be outfitted with at least the same Receptacles or EVSEs.

4.                     Accessible Residential or Nonresidential EV Ready Spaces must be 11’ wide, with a 5’ access aisle, and be 18’ long. The space must be designed to ensure that a person using a mobility device can easily navigate around all sides of the vehicle.

5.                     Accessible Residential or Nonresidential EV Ready Spaces and Charging Stations shall have all relevant parts located within accessible reach as per ADA Guidelines, and shall be connected to a barrier-free accessible route of travel with an aisle for the user to move freely between the EVSE or Receptacle and the EV.