Land Use Regulations

Table of Contents

Introduction
Zoning Regulations Overview
          Single Use Districts
          Mixed Use Districts
          Special Districts
                    Overlay Districts
                    Floating Zones
          CT Statutory Requirements
          MA Statutory Requirements
Innovative Zoning Techniques
          Transfer of Development Rights
          Form-Based Zoning
          Streamlined Zoning
          Performance Zoning
Subdivision Regulations Overview
          In Connecticut 
                    CT Statutory Requirements
          In Massachusetts
                    MA Statutory Requirements
          Conservation Subdivisions
QSHC Examples
Helpful Links
References

Zoning Regulations Overview

“Zoning has three main purposes:

• To separate conflicting land uses, such as industrial and residential;
• To ensure that new development is located according to a general community plan; and
• To promote quality development which will not harm the health, safely and welfare of the public.”  (Daniels, Keller & Lapping, 1995)
  
  

Zoning districts typically include:

• Single Use Districts
• Residential – single family, multi family – these districts are often further divided by minimum lot size requirements, e.g. R-40, R-2 (40,000 square feet and two acres, respectively)
• Commercial – neighborhood, retail, entertainment, etc.
• Business - downtown business, professional office, etc.
• Industrial – light or heavy industrial, research & development
• Institutional – government owned facilities, schools & hospitals
• Agricultural (The towns of Wethersfield, Windsor and Salem, CT all have special agricultural zones)

• Mixed Use Districts
• Village Districts – In CT, village districts can be established to preserve existing village centers and encourage new construction compatible with existing character.   “Specifically, village districts shall protect the distinctive character, landscape and historic structures.” (CGS 8-2j). For more detail click here

• Planned Unit Development – These districts can be flexible and tailored to a specific project. In MA, a special permit is required for a planned unit development which allows a mix of uses, including residential, commercial, open space and industrial.  For more detail see http://www.mass.gov/legis/laws/mgl/40a-9.htm.  

• Special Districts
  • Overlay Districts – This type of district is placed over another base district or multiple base districts.  Overlay Districts are often used for regulating large areas that include multiple single use districts.  Additional restrictions concerning building and site development can be imposed within the overlay districts and uses which conflict with the goals of the overlay district can be eliminated.  The intent and purpose of the overlay district must be clearly laid out in your zoning regulations.
    
    Overlay districts can offer additional protection for natural features such as habitat corridors or can be used to promote certain types of development such as mixed use. An example of how an overlay district works can be easily illustrated with a River Corridor Overlay District:

     

A community is interested in implementing specific building restrictions in the vicinity of a river to protect water quality and riparian habitat.  The river runs through a large part of the community and therefore, through multiple zoning districts.  One overlay district could be used to impose additional restrictions onto each of the base zoning districts along the river.  In this example, the River corridor Overlay District is shown as a blue grid; the underlying zones (Commercial, R-15, R-40 and R-80) would have additional restrictions within the Overlay District.

In the QSHC, the Town of Killingly has a Five Mile River/Protection Overlay District that limits certain activities such as clear cutting (Town of Killingly Zoning Regulations, 2006). Other river corridor overlay district in CT include three towns along the Farmington River – Canton, Barkhamsted and New Hartford. In a 100’ buffer along the river, the Town of Canton limits new permitted uses and strictly regulates uses allowed in underlying districts by permitting them as special exceptions. Special exception approval requires site plan review demonstrating minimal disturbance and prohibiting clear cutting (For additional information see The Farmington Wild and Scenic River, Overlay Protection Districts).

 

Overlay districts can also be used to regulate areas that might pose a natural hazard such as floodplains (Daniels, Keller & Lapping, 1995). Regulations within such a district would be designed to protect development from flooding.

In New York State, overlay districts have been used to place additional requirements on development in the vicinity of vernal pools and other areas of significant biodiversity (For additional information see Conservation Area Overlay District, A Model Local Law, Metropolitan Conservation Alliance, http://www.wcs.org/mca).

 

In 2006, the Town of Brunswick, Maine adopted Rural Brunswick Smart Growth Overlay Districts which identify Wildlife Habitat Block Districts and Wildlife Corridor Districts.  The purpose of these districts is to minimize fragmentation of large habitat blocks (150+) and connecting corridors by encouraging open space subdivisions with a density bonus or requiring mitigation.  Mitigation requirements involve permanently protecting other land in the same block or corridor as the disturbance.  The amount of mitigation required is directly related to the amount of habitat block or corridor that is disturbed. (Chapter 217, Town of Brunswick Zoning Ordinance, updated 2006).  (For more detail click here)

In CT in 2003, the Town of Columbia developed a Columbia Lake Watershed Protection Overlay Zone on a residential agricultural district because the lake is highly susceptible to increased enrichment from stormwater runoff.  Within this zone, all new development must comply with strict regulations designed to protect the water quality of Columbia Lake by preventing nutrient enrichment and contamination.  There are three overlay zones serving the immediate, intermediate and remote watershed areas.  The overlay zones require best management practices (BMPs) to reduce the amount of phosphorus exported from a site.  The amount of phosphorus generated can be reduced by increasing stormwater infiltration and by the detention of stormwater before it reaches the lake. Example BMPs include permeable pavements, bioretention structures and vegetated swales.  To obtain a building permit within the overlay zone, a landowner must show that the total amount of phosphorus exported from a project site is less than the allocation defined in the Columbia Lake Watershed Management Plan or they are required to implement BMPs (Section 21.4, Columbia Zoning Regulations, 2003).

Overlay Districts have also been used to promote mixed use development and implement design regulations.  The Towns of Windsor Locks and East Windsor in CT have used overlay districts to promote mixed use development in areas adjacent to major highway interchanges (Windsor Locks and East Windsor Zoning Regulations).  The Borough of Stonington has a Design Overlay Zone that applies to three residential districts.  This district is designed to protect the unique architecture and historic character of the Borough (Section 2.6, Borough of Stonington Zoning Regulations, 2000) (For more detail click here)

In the QSHC in 2003, the Town of Chaplin implemented a Corridor Overlay District, designed to “…promote the establishment of village nodes, discourage the establishment of strip development and promote community character.”   This corridor is located along Route 6, the major highway through Chaplin.  Mixed use buildings, second floor apartments and accessory uses are allowed in addition to uses allowed in the underlying district.  Design review is required for special permit uses within the district.  Design review addresses building and site design, including traffic circulation, signage, lighting and stormwater runoff.  (Section 5.9, Chaplin Zoning Regulations, 2003) 

See also Community Planning Fact Sheet #6, Innovative Zoning Techniques – Overlay Districts.

• Floating Zones – This type of zone is not mapped when it is adopted.  Its location is determined at a later date, usually at the request of a landowner.  However, the type of development, its density and building size are all designated when the zone is adopted (Tondro, 1992).  Floating zones are used when a town has identified a need but has not identified an appropriate location.  The site must be rezoned to adopt the floating zone.  These zones have often been used for mobile home parks, shopping centers and multifamily developments (Daniels, Keller & Lapping, 1995).  In CT, the Town of Salem developed a Special Agricultural Floating Zone to promote active agriculture.