§ 3-34. Requirements for structures not on a public street.

(a)

No building permit shall be issued for the erection of a building or structure unless such building or structure is to be located on a lot having frontage on a state highway, other than a limited access state highway, an accepted city highway or street, a highway [or street shown on a map approved by the municipal] planning commission and filed in the office of the city/town clerk and either constructed in accordance with the requirements of the municipal planning commission or guaranteed to be so constructed by a bond in full force and effect.

(b)

Notwithstanding the provisions of subsection (a) of this section building permits may be issued for the erection of farm buildings or farm-related structures not used for human occupancy or for the erection of additions to or buildings or structures accessory to an existing building or structure, provided that such addition or accessory building or structure is not designed or intended to achieve conversion of a seasonal cottage dwelling to a year-round dwelling or to permit occupancy of a dwelling by additional families.

(c)

Notwithstanding the provisions of subsection (a) of this section, building permits may be issued for the erection of buildings or structures to be owned or leased by the city, the state or United States government or of a public utility company as defined in section 16-1 of the general statutes when the provisions of chapter 354 of the general statutes are applicable to such buildings or structures, provided that the access to such governmental or utility company buildings or structures is approved by the board of aldermen after finding that the access specified in subsection (a) of this section is not necessary or appropriate to the use of such building or structure and the access provided is sufficient for any existing building or structure also relying upon such access.

(d)

Notwithstanding the provisions of subsection (a) of this section, building permits may be issued for the erection of buildings or structures located on a lot having frontage on a street or highway, or portion thereof, which fails to meet the requirements of subsection (a) if such street or highway, or portion thereof, is already actually in daily use for travel to an existing building on the effective date of the ordinance from which this section derives, provided that all of the following requirements are met:

(1)

Such street or highway, or portion thereof, shall be shown on a map filed in the office of city/town clerk, and shall have a right-of-way not less than fifty (50) feet in width unless a lesser width is approved by the board of aldermen, such width being not less than forty (40) feet.

(2)

Such street or highway, or portion thereof, shall have been improved with a travelway not less than thirty (30) feet in width and consisting of a uniform gravel or broken stone base, or equivalent, eight (8) inches or more in depth after compaction except where ledge rock is encountered the depth shall have been increased to twelve (12) inches, with a surface course, meeting the requirements of the public works director uniformly graded and rolled and treated with a coating of bituminous material, meeting the requirements of the public works director and applied at a rate of not less than three-quarters gallon per square yard. Such bituminous material shall be covered with clean, sharp sand. The travelway shall be provided with adequate drainage.

(3)

The above required improvements shall be subject to the approval of the board of aldermen, and the requirements of subsections (d)(2) and (d)(3) of this section shall be applicable to the entire length of such street or highway or portion thereof, where the lot has frontage and from such frontage to a street or highway meeting the requirements of subsection (a) of this section.

(e)

Building permits may be issued for the erection of buildings or structures located on a lot having frontage on a street or highway, or portion thereof, already actually in daily use for travel to an existing building and even though such street or highway fails to meet the above requirements, provided that construction plans for the above required improvements are submitted to and approved by the board of aldermen and either such improvements are so constructed or a bond in sufficient amount and with satisfactory surety and conditions is presented to and accepted by the board of aldermen to guarantee completion of such improvements.

(f)

Notwithstanding the provisions of subsection (a) of this section, building permits may be issued for the erection of buildings or structures located on a lot having frontage on a street or highway, or portion thereof, which fails to meet the requirements of subsection (a) even though such street or highway, or portion thereof, is not already actually in daily use for travel to an existing building on the effective date of the ordinance from which this section derives, provided that all of the following requirements are met:

(1)

Such street or highway, or portion thereof, shall be shown on a map, filed in the office of the city/town clerk, and shall have a right-of-way not less than fifty (50) feet in width.

(2)

Construction plans shall be submitted to and approved by the board of aldermen showing proposed construction of a travelway, drainage, curbs, sidewalks and other improvements meeting city specifications for new streets and either such improvements are so constructed or a bond in sufficient amount and with satisfactory surety and conditions shall be presented to and accepted by the board of aldermen to guarantee completion of such improvements.

(3)

The above requirements shall be applicable to the entire length of such street or highway, or portion thereof, where the lot has frontage and from such frontage to a street or highway meeting the requirements of either subsection (a) or subsection (d) of this section.

(g)

For the purpose of this section the term "frontage" is defined as a line which is both the boundary of a lot and the right-of-way, easement or taking line of a street or highway, other than a limited-access state highway, when such "frontage" has a length of twenty (20) feet or more and is practicable for use for vehicular access as determined by the building inspector.

(h)

The provisions of this section shall not be construed to abrogate or lessen any other regulations, codes or ordinances of the city pertaining to the issuance of building permits.

(i)

This section is enacted under the provisions of section 8-27 of the general statutes and is intended to promote the development of a street and highway system in the city that is safe and convenient and to assure that all buildings and structures will have ingress and egress satisfactory for fire trucks, ambulances, police cars and other emergency vehicles.

(Ord. No. 203, §§ 1—8, 1-14-74; Ord. No. 690, 6-8-95; Ord. No. 731, 2-11-99)

Cross reference

Acceptance of new streets, § 14-14.