Mago Point Draft Zoning Regulations (PDF)

Waterford Zoning Regulations – Mago Point District 
REVISED DRAFT – September 15,August 5, 2016 
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14a Mago Point District (MPD) 
 
14a.1 
Purpose 
 
The purpose of the Mago Point District (MPD) is to allow a mixture of land uses which maintain a waterfront village 
ambiance, enhance the vitality of the district and attract visitors to the area in accordance with the Plan of 
Conservation and Development, with emphasis on waterfront access.  The Mago Point District is designed to 
achieve the most appropriate use of land and structures in this waterfront area consistent with the Mago Point 
Design Guidelines and in plans adopted by the Planning and Zoning Commission.  
 
 
 
Mago Point District Boundary 
 
 
 
14a.2 
Designation As Village District 
 
As recommended in the Plan of Conservation and Development, the Mago Point District is hereby designated as a 
Village District as authorized by CGS Section 8-2j and any new construction, substantial reconstruction and 
rehabilitation of the exterior of a property shall be reviewed in accordance with these Regulations.   
 
In addition, any new construction or remodeling of the exterior of a building shall be reviewed in accordance with 
the Mago Point Design Guidelines.  
 

Waterford Zoning Regulations – Mago Point District 
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14a.3 
Permitted Principal Uses & Structures  
To promote compatible uses without requiring the need for further subdivision of land, multiple uses and 
structures may be allowed on a single parcel, provided that the site is designed to meet all parking, 
stormwater, pedestrian and landscaping requirements of the Mago Point District.  A Special Permit is 
required for the entire site when any of the proposed uses is permitted by Special Permit. 
 
 
Permitted 
(No Permit Required) 
Permitted By  
Zoning Permit 
Permitted By  
Site Plan Approval 
Permitted By  
Special Permit 
Open Space-Related Uses 
 
 
 
 
1. Public and private parks and playgrounds. 
 
 
 
 
Residential Uses  
 
 
 
 
2. Residential uses in existence as of <<effective date>> and any future 
additions or renovations thereto. 
 
 
 
 
3. Multifamily residential where no commercial uses are proposed, located 
on secondary, tertiary and other streets.  
 
 
 
 
Temporary Uses  
 
 
 
 
4. Mobile Food Vendors and Vendor Carts on site for a period of 30 
consecutive days. No more than four Mobile Food Vendors and Vendor 
Carts may be located in the district at any given time, unless specifically 
authorized under section 14a.3.5 or as shown on an approved site plan. 
No mobile food vendor or vendor cart permitted as a temporary use may 
be located in the district for more than 120 calendar days per year.  
 
 
 
 
5. Carnivals / fairs or other special events authorized by the Town of 
Waterford that do not exceed 14 consecutive days per event. 
 
 
 
 
Retail / Service / Hospitality Uses 
 
 
 
 
6. Retail stores and service establishments. 
 
 
 
 
7. Restaurants and/or banquet halls (separation distances between 
establishments with liquor licenses shall not apply). 
 
 
 
 
8. Cafes (separation distances between establishments with liquor licenses 
shall not apply).  
 
 
 
 
9. Outdoor dining and/or outdoor entertainment, including seasonal 
facilities not associated with permanent structures.  
 
 
 
 
10. Offices.  
 
 
 
 
11. Bed and breakfast establishment. 
 
 
 
 

Waterford Zoning Regulations – Mago Point District 
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Permitted 
(No Permit Required) 
Permitted By  
Zoning Permit 
Permitted By  
Site Plan Approval 
Permitted By  
Special Permit 
12. Hotels and motels. 
 
 
 
 
 
(continued on next page) 

Waterford Zoning Regulations – Mago Point District 
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(continued from preceding page) 
 
 
Permitted 
(No Permit Required) 
Permitted By  
Zoning Permit 
Permitted By  
Site Plan Approval 
Permitted By  
Special Permit 
Mixed Use Buildings 
 
 
 
 
13. Mixed use buildings are allowed anywhere in the Mago Point District. 
Along Mago Point Way west of Niantic River Road and along River Street, 
business uses are required, at a minimum, on the first floor.  
 
 
 
 
Other Uses 
 
 
 
 
14. Municipal facilities and other public uses including public restrooms. 
 
 
 
 
15. Recreational uses such as arcades, miniature golf, pools, and similar 
facilities. 
 
 
 
 
16. Art galleries, studios, performance spaces, and similar uses  
 
 
 
 
Maritime-Related Uses  
 
 
 
 
17. Boat docks, slips, piers, and wharves for boats including boats for hire 
carrying passengers on excursions, pleasure, or fishing trips. 
 
 
 
 
18. Retail sale or rental of boating, fishing, diving, and bathing supplies and 
equipment. 
 
 
 
 
19. Sales, display or storage of boats or marine engines and equipment inside 
a building. 
 
 
 
 
20. Outside sales, display, or storage of boats and trailers. 
 
 
 
 
21. A yard for building, repairing or servicing boats or marine equipment. 
 
 
 
 
22. Base operations for fishing, shellfishing and lobstering business, including 
as an accessory use of such business a store or market for the sale of fish, 
shellfish, and other related food products.  Base operations shall not 
include commercial processing of finfish or shellfish.   
 
 
 
 
23. Dockside facilities for dispensing fuel, restrooms, and laundry facilities to 
serve overnight patrons.  
 
 
 
 
 

Waterford Zoning Regulations – Mago Point District 
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14a.4 
Permitted Accessory Uses & Structures 
 
Uses and/or structures customarily incidental and subordinate to a permitted principal use are permitted by 
zoning permit provided that they do not alter approved parking or stormwater designs for the site. Such uses and 
structures shall be reviewed for consistency with the Mago Point Design Guidelines.  
 
 
14a.5 
Site and Bulk Requirements 
 
Site plans shall conform to the requirements of Section 22 of the Waterford Zoning Regulations. Special Permits 
shall conform to the requirements of Section 23 of the Waterford Zoning Regulations.   
For the purposes of this Section, streets within the Mago Point District shall be categorized as follows:  
 
Primary Streets  
 
 
Mago Point Way 
Secondary Streets  
 
 
Second Street  
 
Avenue B 
 
River Street 
 
Niantic River Road (from Mago Point Way to the Rope 
Ferry Road overpass) 
Tertiary Streets 
 
 
Avenue A 
 
Remainder of River Street 
 
Fourth Street 
 
Millstone Road 
Other Streets 
 
Streets not listed  
 

Waterford Zoning Regulations – Mago Point District 
REVISED DRAFT – September 15,August 5, 2016 
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Waterford Zoning Regulations – Mago Point District 
REVISED DRAFT – September 15,August 5, 2016 
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1. Minimum Lot Size - The minimum lot size for any lot shall be 10,000 square feet or the area of that lot on 
<<effective date>>, whichever is less.  The minimum lot size may be reduced to 56,000 square feet by special 
permit when theif the Commission finds that the following conditions are met:  
a. Parking lot access, drive aisles that serve parking spaces and pedestrian amenities are designed 
to contribute to a functional communal approach to parking and circulation.  This may be 
achieved by:  
 Parking lot access drives are shared between the subject property and one or more 
abutting properties.  
 Where the proposed lot abuts pedestrian ways, (including sidewalks, boardwalks or 
passages through parking lots or buildings), the lot shall be designed to connect 
pedestrian ways to abutting pedestrian ways.  
b. Evidence shall be provided at the time of subdivision that the proposed lot(s) can support all 
other requirements of these regulations, including stormwater management, parking, 
dimensional requirements and landscaping.   
 
2. Minimum Lot Frontage - No lot shall have less than 50 feet of frontage on a public street, or the frontage in 
existence on <<effective date>>. . 
 
3. Streetscape Configuration – South Side of Mago Point Way - Any portion of a lot fronting on the south side of 
a “primary street” shall comply with the following requirements as measured from the street centerline: 
a. 11’ wide travel lane and .8’ wide on-street parking lane to a granite curb to be installed by the developer.  
b. 8’ wide concrete sidewalk to be installed by the developer.   
c. 
For any new building to be constructed, at least 50% of the width of the property shall consist of a 
building façade built at the “build-to line” at 40 feet back from the centerline of the street. 
d. The area between the sidewalk and the building façade may be used for any purpose approved by the 
Commission (including a deck, boardwalk or landscape area but excluding driveways or parking). To 
facilitate pedestrian connectivity between parcels, boardwalks may be constructed in this area at the 
elevation of FEMA minus two feet with such potential boardwalk capable of being connected to adjacent 
property(ies) in a location and configuration acceptable to the Commission. 
e. Except for a Town or State parking facility, no new driveway shall be established to or from Mago Point 
Way for access or egress to any property. Sites shall be designed to prioritize rear vehicle entry to the 
parcel and to limit traffic entering and exiting directly onto Mago Point Way. Any existing driveway shall 
be removed unless otherwise approved by the Commission (such as an interim driveway until adjacent 
parcels are developed, or evidence provided by the applicant demonstrating that removal of the driveway 
would adversely affect safe access to and from the parcel). Driveways existing as of << effective date>> 
may remain until the parcel is redeveloped.  
f. 
Each property may provide a side yard of zero feet (0’) provided a party wall agreement is executed by the 
adjacent property owners, and shall provide a rear yard setback of 15 feet. 
 
 
4. Streetscape Configuration – North Side of Mago Point Way - Any portion of a lot fronting on the north side of 
a “primary street” shall comply with the following requirements as measured from the street centerline: 
a. 11’ wide travel lane. 
b. 8’ wide on-street parking lane to a granite curb to be installed by the developer.  
c. 
8’ wide concrete sidewalk to be installed by the developer.   

Waterford Zoning Regulations – Mago Point District 
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d. A 5-foot wide planting area or equivalent designed to provide pedestrian amenities, such as benches and 
to screen any parking areas.  
e. Each property may provide a side yard of zero feet (0’) provided a party wall agreement is executed by the 
adjacent property owners. 
f. 
Since the pedestrian experience is so important, new driveways on Mago Point Way are discouraged.  The 
Commission may allow the use of an existing driveway or approve a new driveway when the following 
conditions are met:  
i. The driveway will provide a significant benefit to the overall development of the area (such 
as providing access to multiple sites and/or parking areas or improving the flow of traffic). 
ii. A 6’ wide crosswalk installed in accordance with the Mago Point Design Guidelines is 
provided. 
iii. Landscaping and lighting on the site does not obstruct pedestrians from the view of vehicles 
entering and exiting the site. 
 
 
 
 
5. Streetscape Configuration – Secondary Street- Any portion of a lot fronting on a “secondary street” shall 
comply with the following requirements as measured from the street centerline: 
a. 11’ wide travel lane. 
b. 3’ wide on-street bike lane to a granite curb to be installed by the developer. 
c. 
6’ wide concrete sidewalk to be installed by the developer. 
d. Any remaining land in the public right-of-way shall be landscaped with grass except for a driveway in a 
location approved by the Commission. On-street parking is prohibited.  
e. The building façade shall be setback at least 25 feet from the street centerline. 
f. 
A developer may choose to build a wooden boardwalk on private property connecting to other 
boardwalks in the area provided that, for any boardwalks that connect, the owners of each parcel shall 
provide the Town with a pedestrian easement over the boardwalk which allows for public use of the 
boardwalk. 
g. 
Each property shall provide a side yard of 10 feet and a rear yard setback of 15 feet. except that the 
Commission may, by Special Permit, allow a reduction in the side yard setback to zero feet (0’) when: 
i. 
A party wall agreement is executed by the adjacent property owners. 

Waterford Zoning Regulations – Mago Point District 
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ii. 
Such a reduction will achieve at least one of the following:  
 
Preserve unobstructed views from a public way to the Niantic River. 
 
Provide shared public space in the form of boardwalks, plazas, decks or other outdoor space 
that would not be possible without the reduction. Enable adjacent properties to achieve 
greater efficiency in shared parking, traffic circulation and stormwater management than 
would be possible without the reduction. 
 
 
 
6. Streetscape Configuration – Tertiary Street- Any portion of a lot fronting on a “tertiary street” shall comply 
with the following requirements as measured from the street centerline: 
a. 11’ wide travel lane.  
b. 3’ wide on-street bike lane to a granite curb to be installed by the developer. 
c. 
4’ wide concrete sidewalk to be installed by the developer. 
d. Any remaining land in the public right-of-way shall be landscaped with grass except for a driveway in a 
location approved by the Commission.  On-street parking is prohibited. 
e. The building façade shall be setback at least 25 feet from the street centerline. 
f. 
A developer may choose to build a wooden boardwalk on private property connecting to other 
boardwalks in the area provided that, for any boardwalks that connect, the owners of each parcel shall 
provide the Town with a pedestrian easement over the boardwalk which allows for public use of the 
boardwalk. 
g. 
Each property shall provide a side yard of 10 feet and a rear yard setback of 15 feet except that the 
Commission may, by Special Permit, allow a reduction in the side yard setback to zero feet (0’) when: 
iii. 
A party wall agreement is executed by the adjacent property owners. 
iv. 
Such a reduction will achieve at least one of the following:  
 
Preserve unobstructed views from a public way to the Niantic River. 
 
Provide shared public space in the form of boardwalks, plazas, decks or other outdoor space 
that would not be possible without the reduction. 
 
Enable adjacent properties to achieve greater efficiency in shared parking, traffic circulation 
and stormwater management than would be possible without the reduction. 
 
 

Waterford Zoning Regulations – Mago Point District 
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7. Streetscape Configuration – Driveway Location- Notwithstanding any other section of the regulations, a 
driveway or curb cut may be located within 40 feet of a street intersection provided: 
a. such location is consistent with the purposes of the Mago Point regulations, 
b. the establishment of a driveway or curb cut in that location will not substantially interfere with the 
primary objective of providing for a meaningful pedestrian environment in Mago Point, and  
c. 
such location is approved by the Commission. 
 
 
 
8. Building Elevation Requirements –  
a. The bottom of the lowest structural member of the first occupied floor of the building shall be at the Base 
Flood Elevation on FEMA’s most recently adopted Flood Insurance Rate Maps plus 2 feet. 
b. Parking areas under buildings shall provide at least 8’-2” of clear headroom to allow for handicapped 
vehicle access. 
 
9. Other Streets –  
a. Setbacks on other streets and properties shall be as follows: 
i. 
Each property shall provide a front yard setback of 20 feet, a side yard of 10 feet and a rear yard 
setback of 15 feet.  
ii. 
Each property may provide a side yard of zero feet (0’) provided a party wall agreement is executed 
by the adjacent property owners. 
iii. 
The setback to the Rope Ferry Road overpass shall be 20 feet. 
 
10. Niantic River– New buildings and parking shall be located at least 25 feet landward from the edge of the 
bulkhead, seawall, or other coastal structure or resource adjacent to the Niantic Riverer. unless the 
improvements are associated with a water-dependent use. 
 
11. Pedestrian Ways - Where a lot to be developed abuts pedestrian ways, (including sidewalks, boardwalks or 
other pedestrian access), the proposed lots shall be designed to connect proposed pedestrian amenities to 
abutting pedestrian ways. 
 

Waterford Zoning Regulations – Mago Point District 
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12. Access to Coastal Resources -- Access, in the form of a permanent easement, shall be at least 12 feet wide 
from a public street to the waterfront and at least 8 feet wide along the width of the property landward and 
adjacent to the edge of the bulkhead, seawall, or other coastal structure or resource bordering the Niantic 
River.  Access easements between the public street and the waterfront may be shared between properties.   
 
13. Maximum Building Coverage - The aggregate building coverage on any lot in the Mago Point District shall not 
exceed 50% of the total area of said lot. Decks and boardwalks shall not count toward building coverage. The 
Commission may allow greater than 50% lot coverage if the following provisions are met: 
a. Where multiple buildings or uses are proposed on a single parcel, a common pedestrian amenity is 
provided to connect said buildings or uses.  
b. The lot is subject to the requirements of a Community Parking Agreement pursuant to section 14a.8. 
 
14. Maximum Floor Area Ratio - The ratio of gross floor area of any building(s) and any lot in the Mago Point 
District shall not exceed 150% of the total area of said lot. 
 
15. Maximum Building Height 
a. Building height in the Mago Point District shall be measured from the average ground level around the 
perimeter of the structure or from the Base Flood Elevation on FEMA’s most recently adopted Flood 
Insurance Rate Maps around the structure, whichever is higher. 
b. No building in the Mago Point District shall be constructed, reconstructed, extended, enlarged, moved, or 
altered in any way so as to have a maximum height in excess of 37 feet measured as indicated above. 
c. 
 Any floor level above two stories shall be located under a sloping roof or shall be set back from the front 
façade of the building by at least 10 feet. 
 
16. Maximum Building Width 
a. The total cumulative width of buildings, structures, fences, or walls more than 30 inches in height shall 
not occupy more than 40% of the width of a parcel as measured along a line parallel to and 25 feet from 
the edge of the bulkhead, seawall, or other coastal structure or resource adjacent to the Niantic River. 
b. The Commission may, by Special Permit, allow a greater cumulative width if permanent public access to 
the river is provided.  Such access, in the form of a permanent easement, shall be at least 12 feet wide 
from the street to the water and at least 12 feet along the width of the property landward and adjacent to 
the edge of the bulkhead, seawall, or other coastal structure or resource bordering the Niantic River.   
 
14a.6 
Design Guidelines 
 
The Commission shall evaluate proposed development for consistency with the Mago Point Design Guidelines and 
the design principles outlined below.  The Mago Point Design Guidelines are a separate document, approved by 
the Planning and Zoning Commission to address both design and the process for design review for new 
construction and exterior renovations of existing structures and sites.    Structures and sites shall be compatible 
with the distinctive characteristics of the district identified in the Waterford Plan of Conservation and 
Development.  
 
The following site and building design elements shall be evaluated as part of all required applications in Mago 
Point.   
 
1. The quality and extent of views from the adjacent public streets through the property to the water.  
 
2. The design and relationship of development to the waterfront as viewed from the water. 
 
3. The degree to which traffic, parking, pedestrian circulation and any associated easements promote 
connectivity between separate uses and protect and enhance access to the Niantic River. 
 
3.   

Waterford Zoning Regulations – Mago Point District 
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4. Any service areas (delivery, refuse, utility meters, etc.) shall be:  
a. located in the least visible areas of the property,  
b. shielded from view from public streets by fencing, landscaping or a combination thereof, and  
c. 
accessed from the rear of the property rather than directly from the street. Where properties front on  
multiple streets, service areas shall not be accessed from a primary street.  
 
14a.7 
Off-Street Parking 
 
 
1. Minimum Parking Space Requirements - off-street parking spaces shall be provided in accordance with the 
following provisions:  
a. A minimum of three (3.0) off-street parking spaces shall be provided per 1,000 square feet of gross 
commercial floor area. 
b. A minimum of one space per bedroom for hotels, motels, bed and breakfasts.  
c. 
A minimum of one space per boat slip. 
d. A minimum of one space per bedroom for apartments and condominiums.  
e. Off street parking may be provided on the same lot or may, with approval by the Commission, be located 
within 1,200 feet of the proposed use provided that pedestrian access is provided between the site and 
the parking that serves it. Parking located more than 1,200 feet from the proposed use may be allowed 
provided that a shuttle service, boat taxi or other means of transportation is provided between the 
parking area and the proposed use. 
 
 
 
2. All off street parking shall meet the following provisions:  
a. Where mixed uses are located on a single property, or on properties participating in a community parking 
agreement, the total number of required spaces for the combined uses may be reduced when the peak 
parking demand for uses occurs at different times of day.  
b. Off-street parking shall comply with the following provisions of Section 20 of the Waterford Zoning 
Regulations:  
i. 
Section 20.2,  
ii. 
Section 20.4(b),  
iii. 
Section 20.10,  
iv. 
Section 20.11,  
v. 
Section 20.12,  
vi. 
Section 20.16. 
c. 
Parking areas shall be surfaced and maintained with a durable, dustless all-weather material.  Surfaces 
that promote stormwater infiltration are encouraged.  
d. The arrangement of parking spaces shall provide for adequate width to provide for vehicle circulation and 
emergency access. Positive control of traffic direction is required for parking spaces angled at less than 90 
degrees.  Aisle widths shall be provided according to Diagram 1 below:  

Waterford Zoning Regulations – Mago Point District 
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Diagram 1 
 
 
 
14a.8 
Community Parking Agreement  
 
1. For the purpose of encouraging integrated development, any parcel may enter into a community parking 
agreement provided that 
a. The owner of such lot shall provide easement(s), filed in the Office of the Town Clerk, that provide the 
right of vehicle and pedestrian entrance, exit, passage, parking and loading between the subject property 
and one or more contiguous properties. The physical dimensions of the easement area shall be clearly 
shown on the approved site plan and the site plan shall be filed as an appendix to the easement in the 
Office of the Town Clerk. An operations and maintenance plan for the parking lot, including snow and ice 
management, landscaping, lighting and repairs shall be included in the easement language.  Draft 
easement language and the proposed easement area shall be provided at the time of application for a site 
plan or special permit.    
b. The site is developed with an integrated plan of buildings and parking and other improvements that 
contribute to establishing a functional communal parking approach in Mago Point. The Commission may 
require or limit use of access driveways to one or more parcels, whether or not under separate 
ownership, in order to assure safe traffic movement onto the street and to avoid congestion.  
 
 

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14a.9 
Stormwater Management 
 
1. A minimum 15% of the total lot area shall be pervious surface; designed to accept and infiltrate on-site 
stormwater run-off [Based on 1 ft. of permeable substrate depth with an average porosity of 0.3]. 
 
2. A minimum 5% of the total lot area shall contain bio-retention measures such as rain gardens and/or bio-
retention swales constructed with a graded minimum 6 inch depth depression to collect stormwater run-off 
and infiltrate it within a 72 hour period.  The bio-retention area may be part of the required pervious surface 
area.    
 
3. Other acceptable low impact development (LID) designs, capable of retaining the minimum run-off volume 
equivalent to the aforementioned bio-retention wet pool volume, (such as rain barrels, tree filters, green roof, 
or a combination thereof), may be used to meet the bio-retention volume requirement.   
 
4. The design shall, at a minimum, capture and treat the water quality volume from the site with LID stormwater 
treatment practices in accordance with the CT DEEP Stormwater Manual. 
 
5. The water quality improvement strategies identified in the Niantic River Watershed Protection Plan shall be 
addressed as part of any approval. 
 
14a.10 Village District Procedures  
 
Since the Planning and Zoning Commission has, as authorized by CGS Section 8-2j, designated the Mago Point 
District as a “village district,” the following procedures shall be utilized: 
 
1. All applications within the Mago Point District shall be subject to review and recommendation by the Design 
Review Board in Waterford which shall serve as the village district consultant provided the composition of the 
Committee shall conform to statutory requirements. 
 
2. The Design Review Board shall review an application and report to the Commission within thirty-five (35) days 
of receipt of the application. 
 
3. Such report and any recommendations shall be entered into the record and considered by the Commission in 
making its decision. 
 
4. Failure of the Design Review Board to report within the specified time shall not alter or delay any other time 
limit imposed by these Regulations. 
 
5. The Commission may seek the recommendations of any Town or regional agency or outside specialist 
including, but not limited to, the regional planning agency, the Waterford Historical Society, the Connecticut 
Trust for Historic Preservation and The University of Connecticut College of Agriculture and Natural Resources 
and any reports or recommendations from such agencies or organizations shall be entered into the public 
record. 
 

Waterford Zoning Regulations – Mago Point District 
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14a.11 Signs  
 
Except as provided in this section, signs shall be erected in conformance with Section 21 of the Waterford Zoning 
Regulations.  All signs shall be compatible with the Mago Point Design Guidelines.  
 
1. Wall mounted signs shall not exceed 20% of the area of wall upon which they are to be placed up to a 
maximum of 100 square feet total for all signs. Directory signs may be permitted in multi-tenant 
structures up to a maximum of 18 square feet in addition to the maximum wall sign area allowed.  
 
2. Freestanding  signs shall not exceed 10 square feet. Freestanding signs installed by the Town of Waterford 
in a public right of way or easement for the purposes of wayfinding and/or public information are exempt 
from this provision.  
 
3. Electronic message centers are prohibited.  
 
 
14a.12 Utilities 
 
All utilities shall be placed underground and shall, as appropriate, be sealed to protect them from flooding. Where 
locations for mobile food vendors or vendor carts are designated on an approved site plan, utility connections shall 
be provided to reduce the need for generators in the district.