Chapter 214

ZONING

[HISTORY: Adopted 3-19-1990 by the Zoning Commission of the Town of Somers. Amendments noted where applicable.]

GENERAL REFERENCES

Flood and Erosion Control Board — See Ch. 29.

Town property — See Ch. 51.

Building construction — See Ch. 88.

Inland wetlands and watercourses — See Ch. 211.

Subdivision of land — See Ch. 213.

ARTICLE I

General Provisions

§ 214-1. Statutory authority; purpose; construal of provisions.

A. These Zoning Regulations for the Town of Somers are and have been adopted in accordance with and for the purposes set forth in Chapter 124 of the Connecticut General Statutes[1] and more specifically for the following purposes:

(1) To protect and promote the public health, safety, welfare, convenience and property values.

(2) To lessen congestion in the streets.

(3) To secure safety from fire, panic, flood, environmental damage and other dangers.

(4) To provide adequate light, air and water.

(5) To prevent overcrowding of land.

(6) To avoid undue concentration of population.

(7) To facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements.

(8) To preserve and protect the unique character of the Town of Somers.

(9) To protect sites and features of historic and archaeological significance.

(10) To conserve and protect existing and potential surface water and groundwater drinking supplies and other valuable natural resources.

(11) To prevent unnecessary soil erosion and sedimentation.

(12) To provide adequate housing opportunities for all citizens of Somers consistent with soil types, terrain, infrastructure capacity and the rural character of the Town.[2]

§ 214-2. Comprehensive Zoning Plan.

These Zoning Regulations established hereunder, including the Official Zoning Map, are in accordance with and are hereby declared to embody the Comprehensive Zoning Plan of the Town of Somers.

ARTICLE II

Word Usage; Definitions

§ 214-3. Word usage.

For the purpose of these Zoning Regulations, the following terms, phrases, words and their derivations shall have the meanings given therein. When not inconsistent with the context, words used in the present tense include the future, and the singular includes the plural. The word "shall" is always mandatory and not merely directory, and the word "may" is permissive. In case of any difference of meaning or implication between the text of these regulations and any caption, illustration, summary, table or illustrative table, the text shall control. The terms "used" and "occupied" include the meanings "intended, arranged or designed to be used (or occupied)."

§ 214-4. Definitions.

For the purposes of these regulations, the terms, phrases and words listed below have the meanings thereafter stated:

ACCESSORY BUILDING OR STRUCTURE — A supplemental building or structure, the use of which is subordinate or incidental to that of the principal building or structure and which is located on the same lot or a contiguous lot under the same ownership.

ACCESSORY USE — A use of land, or of all or a portion of a building or structure, which is subordinate or incidental to the principal use of the land, building or structure and which is located on the same lot as the principal use or on a contiguous lot under the same ownership.

ADJOIN or ADJOINING — Lots or parcels of land which either have a common boundary or which are separated only by a street or other existing or proposed public or private right-of-way.

AGRICULTURAL BUILDINGS AND STRUCTURES — Buildings or structures used in connection with agriculture, including shelter for livestock and storage for farm machinery, equipment and supplies.

AGRICULTURE — The cultivation of land, including planting and harvesting of crops, tillage, horticulture and forestry, and the raising and management of livestock.

AQUIFER — A geological formation, such as bedrock, sand and gravel or glacial till, capable of yielding usable amounts of groundwater.

AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community subject to one-percent or greater chance of flooding in any given year.

BARN — A building where hay, tools and equipment are kept and livestock may be sheltered.

BASE FLOOD

A. The flood having a one-percent chance of being equaled or exceeded in any given year.

B. The one-hundred-year flood as portrayed on the Somers Flood Insurance Rate Map, effective May 1, 1980, as amended.

BASEMENT or CELLAR — A portion of a building partially or completely below finished grade, but having at least three feet of its wall height below grade plane for at least one-half (1/2) of its perimeter. The minimum height of said "basement" shall be seven feet, eight inches. For the purposes of the National Flood Insurance Program only, a "basement" means that portion of a building having its floor subgrade (below ground level) on all sides.

BED-AND-BREAKFAST — A dwelling, part of which is occupied by the owner of the building as a permanent residence, in which rooms and breakfast meals only are provided on a daily basis to transients for compensation.

BOARDINGHOUSE — A dwelling, part of which is occupied by the owner of the building as his permanent residence, in which rooms and meals are offered or provided for compensation to no more than three persons. [Amended 6-17-1991]

BUFFER AREA — A strip or strips of land densely planted (or having equal natural growth) with shrubs and/or trees at least four feet high at time of planting, of a type that will form year-round dense screening. Such area must be without buildings, structures, parking or other accessory uses, except that a public road right-of-way may pass through a buffer as close to 90° as possible.

BUILDABLE AREA — The portion of a lot remaining after required yards have been provided, not including wetlands, watercourses, flood-prone areas or slopes greater than 25%.

BUILDING — Any structure having a roof, supported by columns or walls, and intended for the shelter, housing or enclosure of persons, animals or materials. The word "building" shall also refer to any modification, addition or alteration to an existing building.

BUILDING AREA — The ground area enclosed by the walls of a building, together with the area of all covered porches and other roofed portions.

BUILDING COVERAGE — See "lot coverage."

BUILDING HEIGHT — The vertical distance from the mean level of ground (finished grade) to the highest point of the roof.

BUILDING LINE — A line parallel to a street at a distance equal to the required front yard or at a greater distance when otherwise established by the Town of Somers and recorded in the land records of the Town of Somers.

BUILDING PERMIT — A permit which must be obtained from the Building Official before construction starts.

BUILDING, PRINCIPAL — A building in which is conducted the primary or principal use of the lot on which said building is situated.

CERTIFICATE OF OCCUPANCY/USE — A certificate granting the right to occupy or use a building, structure or land and attesting to the applicant's having met all the requirements of these regulations and other applicable laws. Such certificate may be issued only after a final inspection by the Building Official.

CLUB — An organization catering exclusively to members and their guests, provided that the purpose of the club is not conducted primarily for gain and that no commercial activities are conducted except as required generally for the membership and purposes of the club.

COMMISSION — The Zoning Commission of the Town of Somers.

CONDITIONS — Necessary requirements or stipulations to ensure compliance with the objectives of these Zoning Regulations.

CONVALESCENT HOME — A home for the aged, or any establishment, other than hospitals, where three or more persons suffering from, afflicted with or convalescing from any infirmity, disease or ailment are habitually kept, boarded or housed for remuneration, but not including a "group home."

CORRAL — A fenced enclosure for containing livestock.

DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or permanent storage of materials.

DWELLING — A building designed and used exclusively as living quarters for not more than two families. The terms "dwelling," "attached dwelling," "detached dwelling" and "dwelling unit" shall not be deemed to include a hotel, motel, inn, boarding- or rooming house, convalescent or nursing home, mobile home trailer, tourist home or tent. In the case of buildings having two or more portions divided by party walls forming a complete separation above the basement, each such portion shall be considered to be a separate dwelling.

DWELLING UNIT — One or more rooms in a building which are arranged, designed, used or intended for use by one or more persons living together and maintaining a common household and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof. [Amended 7-11-1994]

EARTH REMOVAL — Removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar material, or combinations thereof.

ENERGY EFFICIENT — That type and quality of construction as envisioned by Connecticut General Statutes Section 8-2, the Basic Building Code of the State of Connecticut and ASHRAE 90-75, with the determination of whether a proposed building is to be designated "energy efficient" to be made by the Somers Zoning Commission after consultation with the Somers Building Inspector.

FAMILY — One or more persons related by blood, adoption, marriage or legal guardianship living, sleeping, cooking and eating on the same premises as a single housekeeping unit under one head of household, including domestic servants. A number of persons, but not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall also be deemed to constitute a family unit.

FARM — A tract of land containing five acres or more, with a minimum of three acres used principally for agricultural purposes. A "farm" may include premises used for the raising and keeping of livestock and other domestic animals when permitted by these regulations.

FARM WORKERS' HOUSING [Added 10-15-2001, effective 11-2-2001; amended 6-30-2003, effective 8-1-2003] — A building or dormitory to house farm workers at an active farm, provided:

A. Such farm employs at least six workers at any given time during the year, including seasonal or otherwise.

B. The number of workers housed shall not exceed two workers per cultivated acre. Applicable acreage must be within the Town of Somers and owned by the applicant.

C. Adequate documentation shall be submitted in order to determine that the above criteria are met and maintained before construction or use of any such facility.

FLOOD INSURANCE RATE MAP (FIRM) — The map of Somers on which the Federal Insurance Administration has delineated special flood hazard areas and risk premium zones, effective May 1, 1980, as amended.

FLOOD-PRONE AREA — Any area which is designated as a special flood hazard area or a Zone A on the FIRM.

FLOODWAY — The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as shown on the Floodway Map of Somers effective May 1, 1980, as prepared and amended by the Federal Insurance Administration.

FLOOR AREA — The floor area for dwelling units shall be measured by the outside dimensions of the walls enclosing the dwelling unit, but it shall not include porches, breezeways, basements, garages, uninhabitable or unfinished attic space or any common areas serving several dwelling units. Party walls serving two dwelling units shall be equally divided between the dwelling units for the purpose of determining the floor area. Only that portion of the floor area which is finished for living purposes shall be counted in meeting the above requirements. Second-floor areas may be left unfinished but shall not be included in calculating floor area.

FLOOR, LOWEST — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's "lowest floor."

FRONTAGE — See "lot frontage."

FUNCTIONALLY DEPENDENT FACILITY — A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.

GARAGE, PRIVATE — A building or part thereof accessory to a primary building, providing for the storage of motor vehicles and personal property belonging to the occupants of the premises and in which no occupation or business for profit is carried on.

GOLF CENTER — A recreational facility, including, but not limited to, more than one of the following uses: golf driving range, golf putting green, golf sand trap, miniature golf. Golf centers may include non-golf related uses as otherwise permitted under these regulations. [Added 4-20-1998, effective 4-27-1998]

GOLF COURSE — A par-three or regulation golf course containing nine or more holes, designed by a professional golf course architect, and expressly excluding miniature golf courses.

GRADE, FINISHED — The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

GREENHOUSE — A structure devoted to the production of plants and flowers, including the seasonal retail sale of products raised exclusively on the site.

GROSS FLOOR AREA — The sum of the horizontal area of all floors of a building, measured by exterior dimensions.

GROUNDWATER — All water beneath the surface of the ground found in the pore spaces between particles of soil. The "maximum groundwater level" is defined as the level to which the water table rises for a duration of one month or longer during the wettest season of the year.

GROUP CARE FACILITY — A supervised residence facility which houses persons who are aged, disabled or in need of rehabilitation but are not acutely ill and are provided services to meet their needs. It does not include an institution as defined in Section 19a-490 of the Connecticut General Statutes and required to be licensed pursuant to the provisions of Sections 19a-490 through 19a-503 of the Connecticut General Statutes.

HAZARDOUS MATERIAL OR WASTE — Any substance or combination of substances which, because of quantity, concentration or physical, chemical or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed of into or on any land or water in the Town of Somers. "Hazardous material or waste" includes, but is not limited to, the following:

A. Any chemical, substance or material identified as a "hazardous waste" in Connecticut General Statutes Section 22a-448 or any regulations promulgated pursuant to Connecticut General Statutes Sections 22a-448 through 22a-457.[3]

B. Any chemical, substance or material identified as a "hazardous chemical" in Connecticut General Statutes Section 29-336 or any regulations promulgated under Connecticut General Statutes Sections 29-336 through 29-341.

C. Any chemical, substance or material identified as a "hazardous waste" in 42 U.S.C. § 6903 or in any regulations (including but not limited to 40 CFR 261) promulgated under the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), as amended.

HOME FOR THE AGED — An establishment, other than a hospital, which furnishes food, shelter, laundry and other nonmedical services to three or more persons over the age of 60 years for remuneration.

HOME OCCUPATION

A. Customary home occupation for gain carried on entirely within the dwelling by residents thereof and requiring only customary home equipment, provided that:

(1) The use is clearly incidental and secondary to the use of the building for dwelling purposes.

(2) The use does not change the residential character of the dwelling in any visible manner.

(3) The use does not create objectionable noise, odor, vibrations or unsightly conditions noticeable off the premises.

(4) The use does not create interference with radio and television reception in the vicinity.

(5) The use does not create a health or safety hazard.

(6) No more than one nonresident is employed for that purpose.

(7) No trading in merchandise is carried on.

(8) No personal physical service of any kind is performed.

(9) No external or internal alterations or construction features not customarily found in a home are required.

(10) No more than one commercial-type vehicle shall be used in connection with the home occupation.

(11) Not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

B. Tearooms, antique shops, barbershops and beauty shops shall not be permitted as "home occupations."

HOTEL, INN, MOTEL or MOTOR COURT — A building or group of buildings designated as a temporary abiding place for more than 15 persons or providing five or more sleeping rooms in which lodging is provided for compensation with or without meals.

JUNK — Any worn-out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered "junk."

JUNKYARD — A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition or discarded solid materials, including garbage, scrap metal, junk and refuse materials, including inert matter and landscape refuse.

KENNEL — One pack or collection of dogs kept under one ownership on a single premises bred for show, sports or sale. [Amended 6-30-2003, effective 8-1-2003]

KENNEL, COMMERCIAL — A kennel maintained as a business for boarding or grooming dogs or cats, including, but not limited to, a veterinary hospital which boards or grooms dogs or cats for nonmedical purposes. [Added 6-30-2003, effective 8-1-2003]

LIVESTOCK — Includes such domestic animals as horses, cows, goats and sheep.

LOT — A plot or parcel of land which was created before the adoption of zoning regulations in the Town of Somers or which, when created, was of at least sufficient size to meet the then-existing minimum zoning requirements for use, coverage and area, all parts of which are in the same ownership, occupied or capable of being occupied by one principal or primary building and the accessory buildings or uses customarily incidental to it, including such yards, other open spaces and buffer areas as are required by these regulations.

LOT AREA — The actual area, in square feet, enclosed by boundaries of the lot.

LOT, CORNER — A lot having two adjoining sides facing a street or streets so that the interior angle of the intersection is not more than 120°. "Corner lots" shall be considered as having two front yards, two side yards and no rear yard, and frontage requirements must be met along both street lines.

LOT COVERAGE — The part or percentage of the total lot area occupied by buildings, surface structures and parking lots.

LOT DEPTH — The mean horizontal distance from the front lot line to the rear lot line.

LOT FRONTAGE — The footage required of a lot along a town-approved or state-approved road between lot side lines measured along the street line.

LOT LINE — The established division line between lots, or between a lot and a street or other proposed or dedicated public right-of-way.

LOT LINE, FRONT — All lines dividing the lot from the street or streets.

LOT LINE, REAR — The lot line which is generally opposite the front lot line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the "rear lot line" shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front line.

LOT LINE, SIDE — Any lot line which is not a front lot line or a rear lot line, as defined herein, extending from a street and dividing separate lots.

LOT OF RECORD — A lot which is part of a subdivision recorded in the office of the Town Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of Chapter 213, Subdivision of Land.

MANUFACTURED HOME — For the purposes of the National Flood Insurance Program, a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For purposes of these regulations, the term includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MOBILE HOME — See "trailer."

MOBILE OFFICE — Similar to a mobile home except that such vehicle is not intended for dwelling purposes.

NONCONFORMING BUILDING — A building which does not conform to all of the applicable requirements of these regulations and which is legally and actually in existence on the effective date of these regulations or any amendments thereof.

NONCONFORMING LOT — A lot which does not conform to all of the applicable requirements of these regulations but which, when created, conformed to all then-existing zoning requirements.

NONCONFORMING USE — A use of any land, building or structure which does not conform to all of the applicable requirements of these regulations but which, when commenced, conformed to all then-existing zoning requirements.

NURSING HOME — See "convalescent home."

OPEN SPACE — Undeveloped land.

OWNER OF RECORD — The owner whose name is recorded in the street books in the office of the Assessor at the time when any required mailing lists and notices are prepared.

PARK — An area of land and/or water, primarily in its natural state, except for man-made recreation facilities or other improvements related to the purposes hereafter stated, and dedicated and used for nonprofit recreation, scenic, leisure, conservation, historic or ornamental purposes. A "park," as used herein, does not include an amusement park or any type of park with mechanical rides, games, arcades or the like, for profit or gain, either directly or indirectly.

PARKING AREA — An open space used for parking motor vehicles exclusively, in which no gasoline or motor vehicle accessories are sold or no other business is conducted.

PASSIVE GEOTHERMAL — A dwelling specifically designed to use natural and architectural components to collect and store the heat of the earth's interior without using any external mechanical power.

PASSIVE SOLAR — A dwelling specifically designed to use natural and architectural components to collect and store solar energy without using any external mechanical power.

PERSON — Any legal entity, including but not limited to a natural person, partnership, corporation, organization, association or syndicate.

PLANNING COMMISSION — The Planning Commission of the Town of Somers.

RECREATIONAL VEHICLE — Any motorized vehicle which can be registered for highway use and which is capable of being occupied, with sleeping and/or cooking accommodations, on a temporary basis and may or may not contain sanitary facilities.

RESTAURANT — Space in a suitable and permanent building kept, used, maintained, advertised and held out to the public to be a place where hot meals are regularly served.

ROOM, HABITABLE — A room or enclosed floor space arranged for living, eating or sleeping purposes, with a minimum dimension of seven feet and a minimum area of 70 square feet, and in compliance with the building and fire codes.

ROOMING HOUSE — A dwelling, part of which is occupied by the owner of the building as his permanent residence, in which rooms are offered or provided for compensation to no more than three persons. [Amended 6-3-1991, effective 6-17-1991]

SCREENING — Natural or man-made materials used to prevent a structure or land use from being visible from a road or from nearby property.

SEPTAGE — Domestic wastes which are pumped from septic tanks.

SEPTAGE LAGOON — A shallow pond holding septage.

SIGN — Any device for visual communication used to announce, advertise, identify or attract attention to any object, project, place, person, activity, institution, organization or business. The term "sign" includes any structure or natural object, such as a tree or rock, which is utilized as a visual communication device. For the purposes of these regulations, the term "sign" shall also include interior signs, if located on a window or within three feet from a window and if obviously intended for viewing from the exterior, but shall not include the flag, pennant, badge or insignia of any government or governmental agency; or signs directing or guiding traffic and parking on private property but bearing no advertising matter; or official traffic signs; or notices required by law. Merchandise or facsimile merchandise shall not be considered a "sign."

SIGN, GROUND — Any sign affixed to the ground by its own support and/or foundation.

SIGN, PORTABLE — Any sign used or intended to be used in different locations.

SITE DEVELOPMENT PLAN — That part of a certified plan for development which clearly defines all buildings, parking areas, driveways, walkways, utilities and proper water drainage, and including all other items required by the Commission as per these regulations.

SOIL SCIENTIST, CERTIFIED — An individual duly qualified in accordance with standards set by the Office of Personnel Management (formerly the United States Civil Service Commission) and who maintains an office in the State of Connecticut or who demonstrates familiarity with Connecticut inland wetlands classifications to the satisfaction of the Commission.

SPECIAL USE — A use of property that would not be appropriate generally or without restriction throughout the zoning district but which may be allowed by the Zoning Commission in accordance with procedures established by statute, upon determination that all requirements and standards set forth in these Zoning Regulations are met and that the Commission finds that such specific use, structure(s) and required facilities are in harmony with the neighborhood and the town as a whole.

STABLE — A building in which horses are sheltered.

START OF CONSTRUCTION — The date the building permit was issued, provided that the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date, including substantial improvement. The "actual start" means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure.

STORAGE TRAILER — A vehicle without means of propulsion which can be used for hauling or storing of materials or goods and is capable of being readily moved by a tractor or other vehicle.

STORY — That portion of a building, other than a cellar or a mezzanine, included between the surface of any floor and the surface of the next floor above or, if there is no floor above, then the space between the floor and the next ceiling above.

STREET — Includes streets, avenues, boulevards, roads, lanes, highways, places and other thoroughfares, including all land dedicated as a public right-of-way, which afford a principal means of access to abutting property and which are dedicated and accepted by the town or the state.

STREET LINE or HIGHWAY LINE — The line separating the street right-of-way from adjoining property and, if not established, at least 25 feet off the center line of the existing traveled way, or such other width as established by the Selectmen.

STRUCTURE — Anything constructed, erected or assembled which requires a location on or within the ground or attachment to something having a location on the ground. The term "structure" includes, but is not limited to, buildings, manufactured homes, paved areas, storage tanks, signs, walls, retaining or otherwise, swimming pools, fences and other man-made utilities and infrastructures, excluding a public utility pole or a flagpole.

SUBSTANTIAL IMPROVEMENT — Any combination of repairs, reconstruction, alteration or improvements to a structure in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.

TAVERN/INN — A structure designated for combined use as a restaurant and inn and containing sleeping rooms offered for compensation.

TOWN — The Town of Somers, Tolland County, in the State of Connecticut.

TRAILER — Any vehicle or similar movable structure which is or can be used for sleeping, living or working quarters and which is, has been or can be mounted on wheels, whether or not resting upon a temporary or permanent foundation. The term "trailer" expressly excludes manufactured homes having as their narrowest dimension 22 feet or more and built in accordance with federal manufactured home construction and safety standards. As used in these regulations, the term includes, but is not limited to, park trailers, travel trailers, camper trailers and mobile homes.

UNIT OF OCCUPANCY — Any structure, or part thereof, that is intended to be or is used to house one family, business, industry or corporate entity for the purpose of carrying out the business appurtenant thereto.

USE, PRINCIPAL — The primary purpose for which land, water or a building or structure is designed, arranged or intended or for which it is or may be occupied or maintained.

VARIANCE — A relaxation of the terms of these regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these regulations would result in unnecessary and undue hardship.

WAITING POSITION — A space in line of approach nine feet wide by 20 feet long.

WATERCOURSE — Any rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and other bodies of water, natural or artificial, public or private, vernal or intermittent, which are contained within, flow through or border upon the town or any portion thereof, not regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut General Statutes, as amended.

A. BOGS — Usually distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage and highly acidic conditions.

B. MARSHES — Areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.

C. SWAMPS — Areas with soils that exhibit aquic moisture regimes and are dominated by wetland trees and shrubs. Red maple is the most characteristic tree of the wooded swamps, with black gum and black ash as frequent associates. A conspicuous shrubby understory of highbush blueberry, spicebush, sweet pepperbush, clammy azalea and other wetland shrubs may be present, and a rich diversity of wildflowers, such as marsh-marigold, skunk-cabbage, jewelweed, violets and cardinal flower, may also be present. Shrub swamps represent another swamp type, where alders, willows, buttonbush and other shrubs can form relatively pure or mixed stands. Occasionally trees may be associated to a shrub swamp. However, a high water table often favors certain shrubs, such as buttonbush, over trees. In swamps, the underlying deposits are often relatively shallow and usually highly organic. Swamps may develop through the gradual invasion of marshes by woody species or directly, as in poorly drained depressions.

D. For further information, see Inland Wetland Plants of Connecticut, Niering, W.A. and R. H. Goodwin, The Connecticut Arboretum, Connecticut College, New London, CT, May 1973.

WATER TABLE — The level in the ground below which all voids and pore spaces are filled with groundwater.

WETLAND or INLAND WETLAND — Any land, including submerged land, not regulated pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, as amended, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture (USDA). Such areas may include filled, graded or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.

YARD — An open space or undeveloped area on the same lot with a building or structure which lies between said building or structure and the nearest lot line and which is unoccupied, except as may be specifically authorized in these regulations. In measuring a yard, as hereafter provided, the line of structure shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a structure nearest to such lot line.

YARD, FRONT — A yard extending across the full width of the lot and lying between the front lot line and the nearest line of any building or structure.

YARD, REAR — A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of any building or structure.

YARD, SIDE — A yard between the side line of a lot and the nearest line of the building or structure and extending from the front yard to the rear yard or, in the absence of either such yards, to the front or rear lot line, as the case may be.

ZONE — One of the different districts into which the Town of Somers has been divided for the purposes set forth in § 214-1 of these regulations.

ZONING PERMIT — A permit issued by the Zoning Enforcement Officer, upon application, certifying that a proposed land use or any extension or alteration thereof conforms to requirements of these Zoning Regulations. A zoning permit is required prior to the issuance of a building permit.

ARTICLE III

General Regulations

§ 214-5. Applicability; conformity with regulations required; prohibited uses. [Amended 6-3-1991, effective 6-17-1991]

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly provided that no land, building, structure or premises, or part thereof, shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, constructed, reconstructed, extended, enlarged, moved or altered, except in conformity with all of the regulations herein prescribed for the zone in which it is located. Uses that are not expressly permitted are prohibited.

§ 214-6. Substandard lots.

A. The lot frontage and lot area requirements of these regulations or amendments thereto shall not prevent construction of a permitted building or establishment of a permitted use on a lot that was owned separately from any adjoining land prior to December 12, 1953, as evidenced by deed recorded in the Somers land records, or was lawfully established in conformance with the lot frontage and lot area requirements of these Zoning Regulations that were in existence at the time the lot was established or was shown on a plan of subdivision or resubdivision approved by the Planning Commission after December 12, 1953, provided that such lot has its frontage on a street and that sanitary sewage disposal and a potable water supply can be assured without hazard to public health, and provided, further, that any deviation from current side or rear yard requirements shall require a variance from the Zoning Board of Appeals.

B. In no case of division or combination shall any residual lot or parcel be created which does not meet the zoning requirements.

§ 214-7. Change of use.

No change shall be made in the use of any building, structure or land unless the Commission or its authorized agent, upon proper application, issues a permit for such change in accordance with these regulations.

§ 214-8. Lot frontage.

No building or zoning permit shall be issued for any building, structure or land use unless the lot for which the permit is sought has the required frontage on either a town-approved or state-approved street or street under construction which shall have been approved by the Planning Commission and complies with the frontage requirements stated in Article XVII of these regulations. Corner lots shall be considered as having two front yards, two side yards and no rear yard, and frontage requirements must be met along all street lines.

§ 214-9. Height regulations.

The height limitations of these regulations shall not apply to church spires, belfries and domes not used for human occupancy, nor to chimneys, skylights, water tanks, bulkheads, solar panels, silos, scenery towers, antennas, air-conditioning equipment, ventilating equipment, elevator structures and similar features usually carried above the roof level, except as may be specifically modified by other provisions of these regulations or other regulations. Such features, however, must be an integral part of the primary structure, must occupy in the aggregate no more than 10% of the building area, must not be used for human occupancy and may be erected only to such height as is reasonable and necessary to accomplish the purpose that they are intended to serve.

§ 214-10. Maximum number of buildings per lot.

In all residential zones only one principal building or structure shall be placed on a lot. In nonresidential zones, the Commission may approve a plan for more than one principal building or structure on a lot (but not more than one principal residential building) if the buildings or structures and land otherwise comply with all other requirements of the zone in which they are located. In the case of public, commercial or industrial buildings or structures, but not in the case of multiple dwellings, a group of buildings under the same ownership may be considered as occupying the same lot.

§ 214-11. Frontage of lot used for residential purposes; yards and open space.

A. No lot shall be occupied for residential purposes unless it has the required frontage in the applicable zone on a town-approved or state-approved street.

B. No yard or other open space on a lot shall be considered as a yard or other open space on any other lot.

§ 214-12. Drainage.

No structure shall be used, erected or expanded and no land shall be graded or hard-surfaced unless provisions have been made and approved by the Somers Town Engineer or his agent for the proper disposal of drainage water, particularly from parking areas and driveways, from areas contiguous to property lines and from low areas which tend to collect drainage water. Said disposal shall not increase peak runoff onto nearby properties or public roadways, except as permitted by law. Disposal of driveway surface water onto a town roadway is prohibited. Cellar or groundwater interceptor drains shall not be permitted to drain onto public roadways and shall be disposed of in a manner approved by the Building Inspector.

§ 214-13. Building restoration.

Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any part of a building or structure declared unsafe by the Building Official or where required by any lawful order.

§ 214-14. Building lines.

No structure (with the exception of an appropriate driveway) or accessory building shall be erected or altered, except in accordance with these regulations, on any lot nearer to the street than the building line.

§ 214-15. Corner lots; visibility at intersections.

The minimum street frontage for the district in which such lot is located shall be met on all streets on any corner lot. No obstruction, such as vehicles, machinery, materials, signs, hedges, trees, shrubs or other growth, shall be created, established or erected which interferes with a clear view of drivers of vehicles on a curve or at any street intersection and which endangers the safety of those traveling upon such streets. The Commission or its authorized agent may order the removal of any object which unreasonably obstructs the clear view of drivers or which otherwise endangers the safety of those traveling on a street. For minimum vision clearance, no structure or other object shall be created, established or erected to a height exceeding three feet above the street grade for a distance of at least 50 feet back from two intersecting street lines on local roads. A greater distance may be required upon higher volume roads.

§ 214-16. Obstructions in yards; reduction of yards for solar access.

A. No structures or projections from structures shall be permitted in any required yard, except as follows:

(1) Minor projections of structures, such as window or door frames and sills, belt courses, cornices or other architectural features, may project not more than one foot into any required yard.

(2) Major projections of structures in A and A-1 Zones, such as chimneys, bay windows not longer that 25% of the wall from which they project, eaves, roofs over doorways, hatchways, steps, areaways and fire escapes, may project not more than five feet into any required yard.

B. The yard requirements of these regulations shall not be deemed to prohibit any necessary retaining walls nor any fence, wall or other required barrier to contain noise or provide screening. However, in any residence zone, no wall or fence shall exceed eight feet in height, measured above the natural grade.

C. Where it can be demonstrated that solar access, protection or control of the south facing wall of a dwelling will be hindered by the required minimum distance between the structure and the lot line, said yard may be reduced by the Zoning Commission not more than 10 feet in order to accommodate passive solar facilities for homes that are one year old or older.

D. No structure shall be erected between the building line and the street line, except:

(1) A wall or fence not over three feet in height and not more than one-half (1/2) solid, excluding stone walls and agricultural fences taller than three feet in height.

(2) Signs as specified in Article X of these Zoning Regulations.

(3) As in Subsection C above.

(4) An appropriate driveway.

§ 214-17. Outdoor lighting.

Any outdoor lighting for illumination of signs, spotlighting or floodlighting shall be so shielded that the light source cannot be seen from adjoining properties or the street or produce an objectionable visual disturbance to obstruct scenic views. There shall be no spillover of light beyond the property line exceeding one-half (1/2) footcandle. The lighting of any outdoor recreation facilities shall be subject to the approval of the Zoning Commission.

§ 214-18. Topsoil.

The removal or destruction of topsoil of more than 20 cubic yards on any lot shall not be permitted except in connection with construction, regrading or landscaping work. After completion of such work the topsoil shall be replaced and seeded according to accepted landscaping practices and the Connecticut Guidelines for Soil Erosion and Sediment Control.

§ 214-19. Storage of recreational vehicles, boats and trailers.

A recreational vehicle, boat and/or trailer may be stored by its owner in the rear or side yard of a lot occupied by his permanent residence, but no unit may be used for sleeping, living, cooking or for carrying on a business in any district except as provided elsewhere in these regulations. Screening shall be provided for such unit, when stored, to substantially reduce the visibility of the unit from the street and from nearby properties.

§ 214-20. Sewers and water.

All lots shall provide for an adequate potable water supply and for proper sewage disposal for the users intended. Where a private water system and/or sewage disposal system are planned, a statement of the systems to be used shall be filed with the application for a zoning permit and the system(s) installed shall have the written approval of the Somers Sanitarian before a certificate of occupancy may be issued.

§ 214-21. Driveways.

Driveways are permitted in front yards, and entrances to a street shall be so located as to provide maximum visibility and safety to the general public. No obstructions will be permitted near a driveway which interfere with visibility of those using such driveway or those passing by. The location of any driveway serving a home occupation shall be subject to review and approval of the Zoning Commission. Residential driveways shall be located no nearer than 10 feet to a side lot line and meet the requirements of Chapter 104, Driveways.

§ 214-22. Streets.

All streets, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting such streets. Where the center line of a street serves as a zone boundary, the zoning of such street shall be deemed the same as that of abutting property up to such center line, unless otherwise specifically designated.

ARTICLE IV

Zoning Districts

§ 214-23. Division of town into zones.

For the purpose of these regulations, the Town of Somers is hereby divided into the following zones:

Residential A (A)

Residential A-1 (A-1)

Business (B)

Industrial (I)

§ 214-24. Zoning Map.

The boundaries of the zones established hereunder are indicated on the map entitled "Zoning Map, Town of Somers," dated 1967, revised 1974, 1978, 1983, 1988 and 1989, and on file in the office of the Somers Town Clerk. The Zoning Map and any amendments thereto are hereby made a part of these regulations.

§ 214-25. Zoning district boundaries.

Unless otherwise indicated on the Zoning Map, the zone boundary lines are the center lines of streets; or the middle of the channels of waterways; or the center lines of utility rights-of-way; or the boundary lines of state forests and/or reservations. Where a zone boundary is shown parallel to a street, such boundary shall be interpreted as running parallel to the nearest street line and at such a distance measured from the street line therefrom as indicated on the Zoning Map. In case of uncertainty as to the location of any zone boundary line, the determination thereof shall be made by the Commission.

§ 214-26. Lot in more than one district.

In the case of a lot of record lying in more than one district, the provision of the less restrictive district may be applied for a distance of not more than 25 feet into a more restrictive district, provided that such lot has frontage on a street in the less restrictive district and said twenty-five-foot strip shall be utilized as a buffer.

ARTICLE V

Nonconforming Uses

§ 214-27. Continuance.

Any nonconforming use, including nonconforming buildings, structures and lots, lawfully existing as of the effective date of these regulations or any amendment thereof shall be permitted to continue notwithstanding any other provision of these regulations or any amendment thereof.

§ 214-28. Change of use.

No use which conforms to these regulations may be changed to a nonconforming use. A nonconforming use may be changed only to a conforming use. Whenever a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a use which does not conform to these regulations.

§ 214-29. Extension or enlargement.

No nonconforming use shall be extended or enlarged inside or outside any building or structure except as otherwise provided herein. No extension or enlargement of any nonconforming building or structure shall be made which increases the nonconformity of such building or structure, except that a nonconforming building or structure containing a permitted use may be extended or enlarged within the applicable yard requirements or within a line which is not nearer to the lot lines than the existing building, provided that such extension or enlargement provides for a permitted use containing no more dwelling units than the existing building. The extension or enlargement of any building within a special flood hazard area shall meet the Flood Damage Prevention Regulations.[4]

§ 214-30. Moving.

No such nonconforming use shall be moved in whole or in part to any other portion of the property occupied by such use at the effective date of adoption or amendment of these regulations.

§ 214-31. Alterations and repairs.

A building or structure containing a nonconforming use may be altered or improved, but not extended or enlarged, and may be repaired or reconstructed as made necessary by wear and tear or deterioration. The alteration or repair of any building within a special flood hazard area shall meet the Flood Damage Prevention Regulations.[5]

§ 214-32. Restoration.

Any building or structure which is in conformance with these regulations but which contains a nonconforming use and which has been destroyed or damaged by fire, explosion, act of God or public enemy may be restored to the same dimensions, floor area and cubic volume existing immediately prior to such damage or destruction, provided that such restoration is commenced within six months after such damage or destruction.

A. Any nonconforming building or structure which has been destroyed or damaged by fire, explosion, act of God or public enemy and which has thereby been reduced more than 50% in fair market value may be restored or rebuilt only in accordance with these regulations.

B. A building or structure suffering such damage or destruction but retaining 50% or more of its fair market value may be restored or rebuilt to the same dimensions, floor area, cubic volume, density, bulk and/or site location as existed immediately prior to the damage or destruction only if such restoration or repair is commenced within six months after such damage or destruction; otherwise, such restoration or repair must comply with these regulations.

C. The restoration or repair of any building or structure within a special flood hazard area must comply with Article XV of these regulations.

§ 214-33. Discontinuance or abandonment. [Amended 6-15-1998, effective 7-1-1998]

Any nonconforming use which has been voluntarily abandoned or discontinued shall thereafter conform to the provisions of these regulations. In determining whether a nonconforming use has been voluntarily abandoned or discontinued, the Commission shall examine various factors, including the length of the period of nonuse and the intent of the property owner.

§ 214-34. Illegal use.

Nothing in these regulations shall be interpreted as authorization for or approval of the continuation of any use of land, building, structure or premises which, when commenced or first established, was in violation of the zoning regulations then in effect and which has never subsequently been legally validated by any amendment to such regulations or by any provision of state law.

§ 214-35. Unsafe buildings.

Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

§ 214-36. Effect of adoption or amendment of regulations.

A. Nothing in these regulations, or any amendment thereof, or in any subsequent change in zoning classification shall be deemed to require any alteration in the plans, construction or designated use of a building, structure or premises for which a zoning permit and building permit have been issued before the effective date of the relevant regulations, amendment or change in zoning classification and substantial construction has been commenced, provided that the entire building or structure is completed within two years from such effective date. If any of the foregoing provisions are not complied with, such zoning permit shall become null and void.

B. Nothing in these regulations, or any amendment thereof, or in any subsequent change in zoning classification shall be deemed to require any change in the plans, construction or designated use of a building, structure or premises for which a special permit or variance has been issued prior to the effective date of the relevant regulations, amendment or change in zoning classification, provided that a building permit is obtained from the Building Official within one year from such effective date, substantial construction is commenced within one year of the date of issuance of such building permit and the entire building or structure is completed according to the approved plans within two years from the date of issuance of the building permit. If any of the foregoing provisions are not complied with, such special permit or variance shall become null and void.

C. Notwithstanding the foregoing provisions, no improvements or proposed improvements shown on a site plan for residential property which has been approved prior to the effective date of a change in these Zoning Regulations or zoning classification and filed or recorded with the Somers Town Clerk shall be required to conform to such change.

§ 214-37. Nonconforming lots of record and in subdivisions.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of these regulations, a single-family dwelling and customary accessory buildings may be erected on any single lot of record not having lost such status by virtue of Section 8-26c of the Connecticut General Statutes, as amended, at the effective date of adoption of amendments of these regulations. This provision shall apply even though such lot fails to meet the requirements for area or lot frontage, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or frontage, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals.

ARTICLE VI

Accessory Uses

§ 214-38. Use; location; height regulations.

A. Accessory structures customarily incidental to any use permitted herein are allowed, provided that such accessory structures shall not include any advertising signs, signboards or posters, except for small announcement signs or a farm name as provided under §§ 214-57 and 214-58.

B. An accessory building, including those attached to a main building by means of a breezeway or a roofed passageway or other connection, shall not be used for residential purposes, except as specifically provided elsewhere in these regulations.

C. A barn, stable or garage may be erected to the same height limits as the main building.

D. Accessory buildings on a residential lot may include private garages in which not more than one space may be occupied by a commercial vehicle.

E. Greenhouses as accessory buildings are limited to one structure, not exceeding 200 square feet in area on a residential lot. More than one greenhouse as an accessory use may be allowed on a farm without restriction as to size.

F. Accessory buildings for commercial or industrial uses shall observe the same yard and height requirements as a main building.

G. Accessory buildings that are less than 10 feet in height may be located only in the rear half of any lot, but not nearer than 75 feet to any street and not less than 25 feet from the side or rear lines of said lot.

H. Accessory buildings to farming use and buildings housing farm animals are not permitted less than 100 feet from a street line. Buildings housing farm animals shall be not less than 200 feet from side or rear lot lines. Other farm buildings shall be not less than 100 feet from side or rear lot lines.

I. Stables for horses shall be at least 100 feet from property lines. Corrals shall be at least 10 feet from property lines.

J. Accessory buildings to a proposed main building may be erected on a then-vacant residential lot, if so placed as to not interfere with the eventual practicable and conforming location of the principal building.

§ 214-39. Professional offices, home occupations and bed-and-breakfast establishments.

The Commission, as a special use, may permit a professional office, home occupation or bed-and-breakfast facility as an accessory use to a residence in an A-1 Zone. The following shall apply as applicable:

A. Said accessory uses are restricted to the residential owner.

B. A certified site plan shall be submitted in accordance with § 214-101 of these regulations.

C. Adequate off-street parking shall be provided on the premises.

D. Professionals and a bed-and-breakfast establishment may have one nonresident employee, except that a medical doctor or dentist may have two nonresident employees.

E. Office use and home occupations shall not occupy more than 25% of the total floor area of a residence.

F. The Commission shall establish reasonable requirements in respect to screening, time limits, hours of use and other factors which control such special use.

ARTICLE VII

Performance and Environmental Standards

§ 214-40. Purpose; penalties for offenses.

A. In accordance with the purposes described in § 214-1 of these regulations, and more specifically to promote and protect the public health, safety and welfare by minimizing noise, glare, odors, heat and vibrations and by minimizing the discharge of toxic substances and other pollutants into the air, surface water, soil and groundwater, the following performance and environmental standards are hereby established to apply to all buildings, structures and uses in all zones within the Town of Somers.

B. No permit shall be issued for a building, structure or use under these regulations if the Commission determines that such building, structure or use would not comply with these standards.

C. If the Commission determines that any building, structure or use established after the effective date of these regulations is or has been in violation of these standards, the Commission may issue any order or seek any remedy or penalty provided by state or municipal law for the violation of zoning regulations.

§ 214-41. General standards.

A. No treated or untreated sewage, hazardous or industrial materials or wastes or other waste or refuse shall be discharged into any watercourse or wetlands. All methods of sewage and waste treatment and disposal shall comply with regulations of the State of Connecticut and the Town of Somers for maximum protection of groundwater. No effluent shall contain acids, oils, dust, toxic metals, corrosive or other toxic substances, grease or phosphates, in solution or suspension, which would create odors or which would discolor, poison or otherwise pollute a watercourse, wetlands or groundwater.

B. No operation or activity shall be carried on which would produce heat perceptible from any property line of the lot on which the operation is located.

C. No vibration shall be transmitted outside the property where it originates.

D. No mining, extracting, filling or soil-stripping operations shall be allowed except as provided in Article XII.

E. No construction, excavation or other use of land shall be allowed which is unreasonably or unnecessarily destructive to sites having historical or archaeological significance.

§ 214-42. Noise.

A. Definitions. The following definitions are applicable to the noise standards set forth in this section:

BACKGROUND NOISE — Noise which exists at a point as a result of the combination of distant sources, individually indistinguishable.

CONSTRUCTION — The assembly, erection, substantial repair, alteration, demolition or site preparation for or of public or private rights-of-way, buildings or other structures, utilities or property.

DAYTIME HOURS — The hours between 7:00 a.m. and 9:00 p.m., Monday through Saturday, and the hours between 9:00 a.m. and 9:00 p.m. on Sunday.

DECIBEL — A unit of measurement of the sound level.

EMERGENCY — Any occurrence or set of circumstances which involves actual or imminent physical trauma or property damage and which demands immediate action.

EMITTER — The zone from which the sound is created or sent, or the person or thing creating the sound.

EXCESSIVE NOISE — Any sound, the intensity of which exceeds the standards set forth in Subsection B of this section.

IMPULSE NOISE — A sound of short duration, usually less than one second, with an abrupt onset and rapid decay.

MOBILE SOURCE — Nonstationary sources of sound, including but not limited to moving aircraft, automobiles, trucks and boats.

MOTOR VEHICLE — A vehicle as defined in Subdivision (30) of Section 14-1, Connecticut General Statutes, as amended.[6]

NIGHTTIME HOURS — All hours not listed as being daytime hours.

RECEPTOR — The zone in which sound is received, or the person or thing receiving the sound.

SOUND — A transmission of energy through solid, liquid or gaseous media in the form of vibrations which cause alterations in pressure or position of the particles in the medium and which, in air, evoke physiological sensations, including but not limited to an auditory response when impinging on the ear.

SOUND LEVEL — A frequency-weighted sound-pressure level as measured with a sound-level meter using the A-weighting network. The level so read is designated "dBA."

SOUND-LEVEL METER — An instrument used to measure sound levels. A "sound-level meter" shall conform, at a minimum, to the American National Standards Institute's Operational Specifications for Sound-Level Meters S1.4-1971 (Type S2A).

SOUND-PRESSURE LEVEL — A number equal to 20 times the logarithm to the base 10 of the ratio of the pressure of a sound to the reference pressure of twenty micronewtons (0.00002 newton) per square meter. The number is expressed in decibels (dB).

B. Standards. No sound shall be emitted beyond the boundaries of the lot or parcel on which such sound originates which exceeds the sound levels specified below:

		Commer- cial and Retail	Receptor Residential and All Other Zones
Emitter	Industrial	Trade	Day- time Hours	Night time Hours
Industrial	70 dBA	66 dBA	61 dBA	51 dBA
Commercial and retail trade	62 dBA	62 dBA	55 dBA	45 dBA
Residential and all other zones	62 dBA	55 dBA	55 dBA	45 dBA

C. High background noise levels and impulse noise.

(1) In those individual cases where the background noise caused by sources not subject to these regulations exceeds the standards contained herein, a source shall be considered to cause excessive noise only if the sound emitted by such source exceeds the background noise levels by five dBA, provided that no source subject to the provisions of these regulations shall emit sound in excess of 80 dBA at any time; and provided that this section does not decrease the permissible levels of other sections of these regulations.

(2) No impulse noise shall be caused or allowed in excess of 80 dB peak sound-pressure level during nighttime hours in any residential zone.

(3) The emission of impulse noise shall not be caused or allowed in excess of 100 dB peak sound-pressure level at any time in any zone.

D. Exclusions. These standards shall not apply to unamplified sounds emitted by or related to the human voice, natural phenomena or wild or domestic animals; bells or chimes from a clock in any building or from a school or church; a public emergency sound signal; and sounds created by farming equipment or farming activity, any emergency and snow removal.

E. Exemptions. The following shall be exempt from the provisions of this section, subject to the conditions noted:

(1) Noise created by the operation of property maintenance equipment during daytime hours.

(2) Noise generated by any construction equipment operated during daytime hours.

(3) Noise created by any recreational activities which are sanctioned by the town, including but not limited to parades, sporting events, concerts, fireworks displays and local public celebrations.

(4) Noise created by blasting, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m. local time and provided that a permit for such blasting has been obtained from appropriate state authorities and the Zoning Commission.

(5) Noise created by refuse and solid waste collection and disposal, provided that such activity is conducted between 8:00 a.m. and 6:00 p.m.

(6) Noise created by a fire alarm or intrusion alarm.

(7) Noise created by public facility maintenance during daytime hours and snowplowing whenever necessary.

(8) Noise created by church bells.

F. Noise level measurement procedures. For the purpose of determining sound levels as set forth in these standards, the following guidelines shall be applicable:

(1) A person conducting sound measurements shall have been trained in the techniques and principles of sound measuring equipment and instrumentation.

(2) Instruments used to determine sound-level measurements shall be sound-level meters as defined under Subsection A.

(3) The following steps shall be taken when preparing to take sound-level measurements:

(a) The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed.

(b) Measurements to determine compliance with these standards shall be taken at a point that is located about one foot beyond the boundary line of the lot or parcel on which the sound is emitted and within the lot or parcel on which the sound is received.

§ 214-43. Sites of historical and archaeological significance.

A. If during the course of any construction, excavation, removal or filling activities any sites or materials are discovered which appear to have been made, used or handled by persons, or which otherwise suggest the past use or habitation of the site, and which may reasonably be suspected of having historical or archaeological significance, such discovery shall be immediately reported to the Commission. The Commission may order a suspension of all or any portion of the activities for a period not to exceed four months for the purpose of allowing further investigation of any such discovery.

B. If within such four-month period the Commission determines that the site has historical or archaeological significance, the Commission may revoke any existing permit or site plan pertaining to the property. If the Commission does revoke any permit or site plan pursuant to this section, it shall, within 10 days after revocation, issue an amended permit and, if a site plan was involved, approve a modified site plan which will allow the work specified in the original permit and/or site plan to proceed subject only to such restrictions or conditions as the Commission may reasonably deem necessary to protect the historical or archaeological value of the site.

ARTICLE VIII

Prohibited Uses

§ 214-44. Prohibited uses. [7]

The following buildings, structures and uses are prohibited in all zoning districts:

A. The production, use, storage or disposal of hazardous materials or wastes, except as these regulations may specifically allow. The use or storage of reasonable amounts of such materials as determined by the Commission, when clearly incidental to the principal use of a building, structure or land shall be exempt from this regulation.

B. The following uses involving commercial processing or incineration of animal and vegetable products: breweries and distilleries; slaughterhouses; stockyards; fat rendering; soap manufacturing; glue manufacturing; tanneries; paper manufacturing; wool scouring and cleaning; cotton textile sizing, scouring, bleaching, dyeing and similar operations; paint and varnish manufacturing; and creosote and creosote products manufacturing.

C. Facilities for metal heat treatment, annealing, descaling or plating processes.

D. Dry-cleaning establishments.

E. Furniture stripping establishments.

F. Commercial laboratories and commercial photographic developing and processing.

G. Trailer parks.

H. Junkyards.

I. Racetracks, animal and vehicular.

J. Amusement parks.

K. Drop forges.

L. Nuclear power plants.

ARTICLE IX

Screening and Landscaping Standards

§ 214-45. Purpose.

The following standards are intended to enhance the appearance and natural beauty of the town and to protect and increase property values through preservation of existing vegetation and planting of new screening and landscaping material. Specifically, these standards are intended to reduce excessive heat, glare and accumulation of dust, to provide privacy from noise and visual intrusion, and to prevent the erosion of soil, excessive runoff of drainage water and the consequent depletion of the groundwater table and the pollution of water bodies.

§ 214-46. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

COMPLETE VISUAL SCREENING — A type of screening which affords a year-round effect and through which the screened object is obscured.

EFFECT — The visual impression desired from screening and landscaping.

GROUND COVER — A medium used in a confined area to check or prohibit the growth of undesirable plant materials. "Ground cover" may consist of plants such as Pachysandra and Myrtle or materials such as white gravel, brick or stone paving, in combination with live planting materials.

HEDGE — A hedge shall provide complete visual screening and consist of evergreens at least four feet in height at the time of planting and it shall be maintained at a height of at least six feet.

LANDSCAPED or LANDSCAPING — An area shall be at least covered with grass or ground cover. Any additional planting is either specifically required by the regulations or left to the discretion of the property owner.

LARGE TREES — Deciduous shade trees such as Sugar Maple, Pin Oak, London Plane or Linden and conifers such as White Pine, Austrian Pine or Canadian Hemlock. All of the required large trees shall be at least two and one-half (2 1/2) to three inches in caliper at the time of planting.

PARTIAL VISUAL SCREENING — A type of screening through which the screened object is partially visible.

SCREENING FENCE or SCREENING WALL — Devices for complete visual screening. They shall be at least six feet in height and a maximum of eight feet in height and three-fourths (3/4) solid.

§ 214-47. General screening standards.

A. Landscaping, trees and screening plants required by these Zoning Regulations shall be planted and in a growing condition according to accepted horticultural practices and they shall be maintained in a healthy growing condition. Any landscaping, trees and screening plants which are in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season for the particular plant material.

B. A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of use of the property.

C. All landscaping, trees and screening material adjacent to parking areas, loading areas or driveways shall be properly protected by barriers, curbs or other means from damage by vehicles.

D. To the extent that existing healthy trees, if properly located, are preserved, they shall be fully credited against the requirements of these Zoning Regulations. The Commission may determine which trees shall be preserved as part of the site plan.

E. Structures in nonresidential districts shall be suitably landscaped.

§ 214-48. Screening specifications.

The following are considered as prototypes. In order to comply with the stated desired effect, the number and spacing of required trees and the width of the screening strip may be varied.

A. Type A Screening. The desired effect is partial visual screening. The width of the screening strip may be varied; however, it shall be at least five feet. Plant material shall consist of large trees spaced about 20 feet on center or a mixture of both. Where a continuous landscaped screening strip is impractical, the trees may be located in islands at least 20 square feet in area.

B. Type B Screening. The desired effect is partial visual screening between zoning districts of different classification. Plant material shall be the same as specified for Type A Screening except that one-half (1/2) of the trees shall be evergreens and double the number of trees are required.

C. Type C Screening. The desired effect is complete visual screening of parking and loading areas. The screening material shall consist of a hedge, screening fence, screening wall, or a combination thereof. The screening strip shall be at least five feet wide for a fence or wall and landscaped and at least 10 feet for a hedge, unless a greater width is required elsewhere in these Zoning Regulations.

D. Type D Screening. The desired effect is separation and partial visual screening without creation of visual obstructions for traffic. The screening material shall consist of planting materials with low growth habits interspread with flowering trees about 20 feet on center and deciduous shade trees spaced 40 feet on center. Said strip shall not be less than 10 feet in width within the property line.

§ 214-49. Modifications.

The Zoning Commission may consider and approve such modification in the above standards where the Commission makes a finding that equivalent or superior screening will be provided in a specific case.

ARTICLE X

Signs

§ 214-50. Measurement of sign area.

The area of a sign shall be considered to be that of the entire communication device, exclusive of the supports, unless such supports are also used to advertise.

§ 214-51. Location.

A. All nonresidential signs must be located on the same lot as the business location.

B. A sign shall project not more than 18 inches from the face of a structure and not more than 12 inches into any street and it shall be at least 10 feet above the level of any walkway it may overhang.

C. Signs shall be located only along or in back of (as these regulations may permit) the street line of the street providing access to the property.

D. Each unit of occupancy above the first floor may only display a sign on the inside of each window serving said unit of occupancy, provided that the combined area of such signs shall not exceed six square feet.

§ 214-52. Height regulations.

A. Ground signs, including supports, shall not exceed a height of six feet in a residential district, or 15 feet in a business or industrial district, above the surface of the ground where located.

B. No sign attached to a structure shall project more than two feet over the top of the exterior wall of such structure at the location of the sign, except that in an industrial district, a sign may project up to six feet over the top of the exterior wall of such structure, provided that the sign is not within 500 feet of the boundary of a residential district.

C. Where more than one sign is permitted on a building, such signs shall be of uniform height and shape.

§ 214-53. Temporary signs.

A. Political signs. Signs pertaining to candidates, political parties or political issues in a national, state or municipal election for a period of 60 days prior to said election shall be allowed subject to the following:

(1) No political signs shall be allowed on government property.

(2) All political signs shall be removed within five days after the election.

B. Special event signs for public, charitable, educational or religious events. One sign not exceeding 20 square feet in area at the site of the event may be posted, provided that the sign is posted no sooner than 14 days prior to the event and removed at the close of the event. Directional signs may be posted, provided that they do not exceed four square feet and are posted not earlier than 14 days before the event and are removed at the close of the event.

C. Signs temporarily attached or temporarily painted on a door, window or wall announcing sales or special features are permitted, provided that they do not exceed 25% of the area of said door, window or wall. Temporary signs shall be removed immediately after the termination of such sale or special feature and shall be permitted for a period of not over 30 days.

§ 214-54. Illuminated and moving signs.

A. A sign may be illuminated if illumination is confined to or directed to the surface of the sign only. No flashing, rotating or intermittent illumination shall be permitted except signs indicating time and/or temperature by means of white, intermittent lighting, provided that the longest dimension of such a sign does not exceed five feet.

B. All light sources of signs shall be so designed and shielded that they cannot be seen from beyond the property lines on which such sign is located. No neon signs visible from the exterior of the building shall be permitted.

C. No sign or any part thereof shall be mechanically rotated or moved except traditional signs of barber shops, provided that the longest dimension of such sign does not exceed three feet.

D. No floodlights of the magnitude typically used as search lights or airport beacons shall be permitted.

E. No sign or lighting shall be higher than the surrounding tree line so as to obstruct or interfere with a scenic view from afar.

F. Internally lit signs are not permitted.

§ 214-55. Nonconforming signs; modifications.

Signs existing at the time of the adoption of these regulations must be maintained in their existing size, shape and illumination and cannot be structurally altered, enlarged, expanded or moved, and no lights may be added thereto, except as such changes may keep or bring the signs into conformance with these regulations.

§ 214-56. Approval; maintenance; discontinuance of tenancy.

A. All signs under these regulations shall require the approval of the Zoning Enforcement Officer unless otherwise noted and shall meet all requirements of the Building Code and these Zoning Regulations.

B. All signs shall be properly maintained and shall not be allowed to fall into disrepair. Failure to maintain signs shall be considered a violation of these regulations.

C. Upon discontinuance of tenancy it shall be the responsibility of the property owner to eliminate signs pertaining to a removed use, business or proprietor within 30 days of such discontinuance.

§ 214-57. Residential districts.

The following signs shall be permitted in residential districts, and all other signs are expressly prohibited:

Signs in Residential Districts
Type of Sign	Max- imum Sign Area (square feet)	Max- imum Number of Signs	Location (see also § 214-51 of these regula- tions)	Permit Required
a. Signs giving name and address of the property and/or the occupant	1	1 per lot	Back of street line	No
b. Signs pertaining to a profession or occupation permitted as an accessory use of the lot	4	1 per lot	Back of street line	Yes
c. Signs giving the name of the farm on a wall of an accessory building	No larger than 3 for every running foot of wall where displayed	1 per farm	30 feet back of street line	Yes
d. Signs in connection with special use permits authorized by Zoning Commission [Amended 11-1-1999, effective 11-18-1999]	15	1 per lot	15 feet back of street line	Yes
e. Signs pertaining to the sale, lease or rental of property on which they are located	6 per sign	2 per lot	Back of street line	No
f. Signs pertaining to and during the construction or repair of property on which they are located	25 aggre- gate	2 per lot	15 feet back of street line	Yes
g. Signs on the premises offering lots and/or homes for sale within approved subdivisions; these signs shall not be displayed for more than 12 months	25 per sign	2 per subdivi- sion	15 feet back of street line	Yes
h. Signs of civic and nonprofit organi- zations on the premises for not more than 90 days within any 12-month period	25	1 per lot	15 feet back of street line	Yes
i. Holiday decorations without commercial advertising	----	----	Back of street line	No
j. Private directional signs	2	----	Back of street line	No
k. Directional signs or traffic signs	6	----	Within street line; police approval required	No
l. 1 sign on each major highway near the town line serving as a common directory for civic, educational and religious organiza- tions located in Somers; the erection of signs under this subsection shall be subject to Zoning Commission approval	50; 6 per sign	1 per locale	Within street line; approval of Highway Department having jurisdiction required	Yes
m. Temporary signs (see § 214-53A and B)	----	----	----	Yes

§ 214-58. Business and industrial districts.

The following signs are permitted in any business or industrial district and all other signs are expressly prohibited:

A. Any sign permitted in a residential district.

B. Signs advertising the use of the land and building upon which displayed and the sale of goods or services on the premises and the name and location of the proprietor, as follows:

Signs in Business and Industrial Districts
Maximum Area of Sign	Location (see also § 214-51 of these regulations)	Permit Required
1. The total permitted exterior sign area on any premises shall be computed as follows: the total combined sign area for each unit of occupancy on the first floor and permanent ground signs shall not exceed 2 square feet for each linear front foot of exterior building wall.	Back of street line	Yes
2. 1 detached double-faced sign may be erected on each lot or on each 200 linear feet of building frontage, whichever is the more restrictive. Such signs shall not exceed 20 square feet in total area per lot per sign face. A detached sign shall not exceed 15 feet in height nor be within 20 feet of a side lot line.	20 feet back of street line	Yes
3. Within 10 feet of each entrance of a building, 1 common sign may be provided allowing not more than 1 square foot of sign area for each unit of occupancy which is served by said entrance. The total area of each common sign shall not exceed 24 square feet.	Back of street line	Yes
4. Each unit of occupancy above the first floor may only display a sign on the inside of each window serving said unit of occupancy, provided that the combined area of such signs shall not exceed 6 square feet.	----	No
5. 1 portable sign may be placed on a business property during business hours only. The total display area of such movable sign shall not exceed 6 square feet. Lighted portable signs are not permitted except by government agencies in conjunction with road construction or maintenance. The Zoning Enforcement Officer may require the immediate removal of any sign which endangers pedestrian or vehicular movement.	Back of street line	No
6. Temporary signs (see § 214-53)	----	Yes
7. Other outdoor advertising devices. Outdoor advertising devices, including but not limited to plaques, banners, pennants and streamers, are permitted for a period of not more than 2 weeks after the opening of a new business.	Back of street line	No

ARTICLE XI

Off-Street Parking and Loading

§ 214-59. Adequate spaces to be provided; access for emergency vehicles.

A. All buildings, structures and uses of land shall be provided with a sufficient number of off-street motor vehicle parking spaces to meet the needs of persons who may reasonably be expected to use such buildings or structures or to make such uses of land. Sufficient provisions must also be made for access to the buildings, structures or uses by emergency vehicles, such as police, fire and medical vehicles.

B. For all nonresidential uses in business and industrial districts there shall be provided adequate space in suitable locations for the loading and unloading of goods and materials. In determining the adequacy and suitability of such space, the Commission shall be guided by the nature and intensity of the use, the volume of traffic expected to use such space and the location of buildings and structures in relation to the street.

§ 214-60. Unregistered motor vehicles.

Parking or storage of more than two unregistered motor vehicles shall not be permitted on any residential property except within a building. Vehicles used on a farm are exempted, but such vehicles shall not be kept in front of any building or front building line. Unregistered motor vehicles may not be stored on residential property for purposes of private sale, except that storage for one such sale may be allowed every six months, provided that prior notification is given to the Zoning Enforcement Officer of the dates of such storage and further provided that such storage shall not exceed a period of 30 consecutive days. The six-month period described above shall commence on the last day of the most recent allowed storage of a vehicle for sale.

§ 214-61. Parking and loading plan.

Applications for building and/or zoning permits shall be accompanied by a certified plot plan, drawn to scale, showing the location, size and arrangement of off-street parking and loading facilities required by these regulations, the means of access to said facilities from the public street and any separate egress from such facilities. Such parking plan shall also show proposed screening, landscaping, lighting, drainage and other improvements. The parking plan shall be submitted to the Zoning Commission for review and approval as complying with these Zoning Regulations, including adequate relationship of entrances and exits to the flow of traffic on the public streets, safeguarding of pedestrians in the public way and in the parking facility itself and adequacy of vehicular and pedestrian circulation. The parking plan shall be approved before a building or zoning permit is issued. The Commission or its designated agent may waive the requirements of this section in accordance with § 214-101E.

§ 214-62. Location of facilities.

The parking and loading facilities which are required by these regulations shall be provided on the same lot or premises with the structure or land use they are to serve. This requirement shall not apply to the temporary use of land for special events authorized or sponsored by the Town of Somers.

§ 214-63. Design specifications.

A. Parking and loading facilities shall be designed to provide for safe circulation of vehicular and pedestrian traffic within the parking area and in relation to adjacent streets. Where trucks are to be admitted to parking lots, suitable turning and maneuvering geometry shall be provided as recommended by the Trucking Institute and American Association of State Highway and Transportation Officials (AASHTO).

B. Parking and loading facilities shall be laid out so that vehicles shall enter and leave the public street or right-of-way only at the approved entrances and exits. Parking emptying onto a state road also requires a state permit.

C. All parking spaces in parking areas of more than 25 cars and all loading spaces shall be so located that vehicles entering or leaving such spaces do not block any entrance drive to the parking facility within 20 feet of any street line.

D. Any area of 100 square feet or more in a parking lot which is not required for a parking space, loading space, aisle, driveway or walkway shall be landscaped. In every parking area at least one tree shall be provided for each 10 parking spaces provided in said parking area. The trees shall be distributed over the entire parking lot.

E. Provisions shall be made to prevent vehicles from overhanging any walkway and from damaging trees or other landscaping materials, however, use of concrete wheel stops shall be prohibited in the direct path of pedestrians. If a parking lot abuts a street line, a landscaped strip at least 10 feet wide shall be provided on the interior side of the property line to prevent encroachment on the street or any sidewalk. A sidewalk within the right-of-way may be required by the Commission if, in its opinion, circumstances warrant such facility.

F. Dimensions of parking spaces and aisles shall be at least as follows:

(1) Width of space: nine feet, or 10 feet if adjacent to wall or column.

(2) Length of space: 20 feet.

(3) Width of aisle:

Width of Aisle	Two-Way (feet)	One-Way (feet)
Space angle 80° or greater to aisle	24	24
Space angle 70° to 79° to aisle	20	19
Space angle 60° to 69° to aisle	20	18
Space angle 40° to 59° to aisle	20	13
Space angle 39° or less to aisle	20	12

§ 214-64. Off-street parking requirements.

The following schedule of parking requirements shall apply (singularly for a single use and in combinations for more than one use):

	Use	Spaces Required
a.	Dwelling	2 per dwelling unit
b.	Dwelling with medical or dental office	2 per dwelling unit, 1 per employee, plus 4
c.	Dwelling with professional office	2 per dwelling unit, 1 per employee, plus 2
d.	Dwelling with home occupation	2 per dwelling unit, plus 1
e.	Housing for the elderly	2 per 3 dwelling units
f.	Roadside stands, residence zone	Minimum of 4
g.	Theater, assembly hall or auditorium having fixed seats and restaurants	1 per 3 seats
h.	Churches and other places of public assembly or recreation	1 per 6 legal occupants
i.	Lodging facilities	1 per guest sleeping room, plus office, restaurant and dwelling requirement where applicable
j.	Meeting or conference rooms	1 per 3 persons/design capacity
k.	Convalescent or nursing home	2 per 3 beds and 1 per 3 employees
l.	Business offices and banks	1 per 200 square feet of building floor area, excluding basement storage, utility areas, stairs and halls
m.	Retail and personal service stores	1 per 150 square feet of gross floor area, excluding utility and storage areas
n.	Physician/dentist office, clinics	1 per doctor, 1 per employee and 2 per examining room
o.	Industrial uses, including wholesale and storage	2 per 3 employees employed or intended to be employed on the largest shift when the capacity of building is in full use
p.	Senior high school	4 per classroom, plus parking required for auditorium
q.	Drive-in bank window	At least 5 waiting positions between the street line and said window for cars approaching and at least 1 waiting position for cars leaving said window; waiting spaces shall not block other circulatory aisles, obstruct visibility for entrances or exits or cross pedestrian walks or paths

§ 214-65. Off-street loading space requirements.

Loading spaces shall be not less than 10 feet wide, 25 feet long and 14 feet high. All building areas are gross floor areas.

	Use Classification and Building Size	Number of Spaces
a.	Retail store buildings (square feet):
	2,000 to 4,999	1/2
	5,000 to 24,999	1
	25,000 to 50,000	2
	Each additional over 50,000	1 additional
b.	Office, institution, theater and public assembly building (square feet):
	5,000 to 24,999	1/2
	25,000 to 100,000	1
	Each additional over 100,000	1 additional
c.	Industrial and warehousing buildings (square feet):
	0 to 49,999	1
	50,000 to 100,000	2
	Each additional over 100,000	1 additional

ARTICLE XII

Earth Removal and Filling

§ 214-66. Purpose.

The purposes of this Article are to preserve a cover crop on the land, to prevent erosion and to control any excavation or filling operations that may create a safety or health hazard to the public or the nearby property owners or be detrimental to the immediate neighborhood or to the Town of Somers.

§ 214-67. Special use permit required.

No excavation or removal of sand, gravel, clay, soil, humus, quarry-stone, rock or other earth materials and no filling of land shall be allowed in any zone without a special use permit, except as hereafter provided.

§ 214-68. Exemptions.

A special use permit shall not be required for the necessary and incidental excavation or removal of 1,000 cubic yards or less of material on or from a lot or parcel, or for any filling activity, only if such activity occurs in connection with one of the following:

A. A bona fide construction or alteration of a structure for which a zoning permit or special use permit has been issued and the amount of material to be removed or filled has been approved by the Commission. Topsoil or loam may only be removed to the extent necessary to allow permitted building or other construction activities. Such topsoil or loam shall be retained on the property and shall be respread on the property following the completion of construction activities. Such topsoil and loam shall then be reseeded or otherwise stabilized to prevent erosion. Topsoil or loam may be removed from the property only if the applicant demonstrates to the Zoning Commission that such materials cannot be practically reused on the property.

B. The landscaping of a lot having one or more existing structures.

C. Normal agricultural operations.

D. The construction of ponds for agricultural or conservation purposes, provided that the material removed is left on the site, that the excavation or construction does not affect any watercourse or wetlands drainage or flow and will not cause soil erosion or sedimentation problems and that any other state or municipal permits required for such activity have been issued.

E. A bonded or otherwise secured subdivision approved by the Planning Commission.

§ 214-69. Site plan requirements.

In addition to any other requirements for site plans under these regulations, the site plan for an excavation, removal or filling activity shall include the following information:

A. Location of area to be excavated or filled and proposed commencement and completion dates.

B. A detailed statement of the nature, extent, timing and purpose of the operation.

C. Depth of existing topsoil at various locations.

D. Depths to water table before and after the operation.

E. Proposed truck routes. Access and egress to and from the property must be at least 100 feet from side and rear lot lines.

F. Proposed truck circulation within the property.

G. Existing and proposed drainage on the premises.

H. Proposed measures for control of runoff, soil erosion and sedimentation.

I. Existing topographic contour lines on the premises and proposed final contour lines resulting from the intended excavation, removal or filling, shown on a map, drawn to scale of not more than 40 feet to the inch, and with contour intervals of no greater than five feet. Contour lines must be shown for all areas within, and within 100 feet of, the site of the proposed excavation, removal or filling.

J. All existing buildings or structures on the site and any buildings, structures or uses being applied for.

K. Surrounding properties and streets.

§ 214-70. Issuance and renewal of special use permit.

A. The Zoning Commission may issue or renew a special use permit for excavation, removal or filling operations involving earth products and shall establish an expiration date for any special use permit issued pursuant to this article which shall not exceed one year from the date of issuance. This special use permit shall be filed in accordance with § 214-102H(6) of these regulations prior to commencement of any operations.

B. The Zoning Commission may renew a special use permit if it determines that the operation, as carried on, is in compliance with these regulations and with any and all conditions set forth in the permit. No special use permit shall be renewed until the Commission or its authorized agent has inspected the work under the previous permit. A project may be divided into stages and approval shall be required by the Commission before each stage is undertaken if deemed necessary or desirable by the Zoning Commission. [Amended 4-16-2001, effective 5-12-2001]

C. No special use permit shall be issued or renewed pursuant to this article unless the following conditions are met:

(1) The activity shall not result in the creation of any sharp declivities, pits or depressions, soil erosion, soil fertility problems or permanently depressed land values, or create any drainage or sewage problems or other conditions which would impair the use or reuse of the property or neighboring property in accordance with these Zoning Regulations or which would create a nuisance.

(2) The activity shall be in harmony with the general purpose and intent of these regulations and shall not have an adverse affect on any existing or potential surface water or groundwater supplies.

(3) The premises shall be excavated and graded in conformity with the proposed plans as approved.

(4) During the period of excavation and removal, adequate barricades and/or woven fences with middle posts, four feet in height, shall be erected for protection of vehicles and pedestrians.

(5) No heavy equipment other than for digging, leveling, loading and carting excavated material shall be used on the site, and no material shall be processed on the site, unless permission, in writing, is first obtained from the Zoning Commission.

(6) At all stages of operation, proper drainage will be provided to avoid the occurrence of stagnant water and to prevent interference with and contamination of surface water and groundwater.

(7) During and after the excavation, removal or filling, the site shall be cleared of debris.

(8) Silt and sediment shall not be permitted to run off the site and settlement basins shall be used to control sedimentation.

(9) All arable soil from any excavation or fill area shall be set aside and retained on the premises, and shall be respread over the affected area and permanently seeded upon completion of the entire operation or any part thereof.

(10) Unless a plan for removal is coordinated with the owner of an adjacent tract and approved by the Commission, no activity involving or related to the removal of earth materials or the filling of land shall be conducted nearer than 100 feet from any property line. If the final grade of any excavated or filled area will be below the established elevation of a street, no activity involving or related to the removal of earth materials or the filling of land shall be conducted nearer than 100 feet from such street line. Such prohibited activities include, but are not limited to, excavation, removal, stockpiling and clearing. Measurement shall be made from the property line or street line, as appropriate, to the nearest point of such removal, filling or other activity. [Amended 6-15-1998, effective 7-1-1998]

(a) In areas in which the natural vegetation within any such one-hundred-foot buffer area is not, in the opinion of the Commission, sufficient to provide screening of adjacent properties or streets from dust, noise, erosion, drainage or other potential problems arising from the activity, the Commission may require that suitable plantings or other screening be provided by the applicant.

(b) Notwithstanding the foregoing provisions, the Commission may allow any buffer area to be crossed by a driveway or other accessway not to exceed 28 feet in width and as close to 90° through the buffer area as possible if such access is necessary to allow the conduct of the proposed activity, or if it would be more reasonable and prudent than any alternative access. The length, cost, location and other characteristics of any alternative access may be considered by the Commission in determining whether such access would be more reasonable or prudent.

(11) Earth products removal operations shall not be permitted to excavate to a depth any closer than five feet above the site's high-water table.

(12) Proper measures shall be taken to minimize the generation of dust on access roads or driveways, and to minimize the nuisance of noise, flying dust and rocks, both on and off the premises, including any nuisance created by trucks hauling away or delivering material. If considered necessary by the Zoning Commission, a limitation may be placed upon the stockpiling of excavated or fill material. Local streets shall be kept clean by the permittee of the bank at all times.

(13) Upon completion of an approved operation, the final grades in any area excavated or filled shall not be steeper than three to one (3:1), horizontal to vertical, or whatever lesser slope is necessary to maintain stability under particular soil conditions, and this area shall be covered with not less than six inches of topsoil, and, unless put under cultivation, it shall be treated with two tons of lime per acre, 1,000 pounds of 10-10-10 fertilizer per acre and permanently seeded. A permanent grass mixture and/or trees spaced apart not more than seven feet on center shall be planted on the restabilized area. These plans shall be referred to the Tolland County Soil Conservation District for recommendations.

(14) Machines and trucks working in, to and from the pit area shall be properly muffled and covered at all times.

(15) All trucks shall be required to take the shortest distance to a state road.

(16) Topsoil or loam shall not be removed from any property except in accordance with § 214-68.

(17) The site will be subject to continuously conform to the State of Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.

§ 214-71. Blasting; operation standards and hours.

A. Blasting for the removal of earth products shall not be permitted unless written approval is granted by the Zoning Commission and any other local or state agency having jurisdiction over blasting operations. An applicant for any activities involving blasting shall be required to show that the blasting will not cause a nuisance or damage to nearby property.

B. At no time shall more than one undivided area, which area shall not exceed three acres in size, be opened within the lot, it being the intent of these regulations that the remainder of the lot either shall be undisturbed land or shall have been restored or stabilized in accordance with § 214-70C(13). Boundary stakes shall be maintained at all times for the purpose of inspection for compliance.

C. No excavation or filling shall be permitted within 50 feet of a wetland or watercourse unless the applicant demonstrates that such excavation or filling will not adversely affect the water quality of such wetlands or watercourse or cause erosion of or sedimentation into such wetland or watercourse. The applicant should be aware that a permit from the Somers Conservation Commission may be required in such cases.

D. No activity connected with any excavation, removal or filling operation may be undertaken on any Sunday or any legal holiday; or earlier than 7:30 a.m. nor continue after 5:30 p.m. Monday through Friday; or earlier than 8:00 a.m. nor continue after 12:00 noon on Saturday. No processing of earth products shall take place on Saturdays. Processing of earth products in cases of emergencies may be granted by special permission of the Zoning Commission.

E. As a condition for granting a special use permit, the Zoning Commission shall decide on the total number of acres to be excavated and the depth of the operation.

F. Filling operations shall be carried on in such a manner as to prevent the breeding or harboring of insects, rats or other vermin, and to prevent the transport of fill or excavated material, or any waste or debris, off the premises by wind, water or other causes.

G. No crushing or separating operations shall be permitted unless, after a public hearing is held, written approval is granted by the Zoning Commission.

H. Failure to meet any requirement shall bar the issuing of a permit, regardless of whether such failure was caused by the applicant, any predecessor in title or any other person.

§ 214-72. Performance security. [Amended 6-16-1997, effective 7-1-1997]

The applicant shall file with the Commission a detailed estimate of the cost of the work to be performed a part of the special use permit to be reviewed and approved by the Commission. The estimate shall include, but not be limited to, all excavation, removal and filling, as well as all sedimentation and erosion control measures to be installed and continuously maintained, and all work necessary to completely restore the ban as required by these Zoning Regulations.

A. As a condition of the special use permit, the applicant shall post security in the amount equal to the cost estimated by the applicant and approved by the Commission, plus a contingency of 20% of that amount. Minimum bonding of $10,000 per site will be required. Such security shall be in the form of a continuous surety bond, irrevocable letter of credit, cash or passbook acceptable to the Commission.

B. In order to ensure the faithful performance and completion of the work pursuant to the conditions of the special use permit approval, any security provided under this section shall be filed with the Town Planner in a sum and form satisfactory to the Town Engineer, Town Attorney and the Commission and shall be in force until canceled by the Commission. Such security may be canceled only with the approval of the Zoning Commission and only if notice of such proposed cancellation is provided to the Commission at least 30 days in advance of such proposed cancellation.

C. Prior to any transfer of deed involving an active gravel bank or prior to the complete restoration of a gravel bank, the present owner, responsible for the restoration of the gravel bank, must show proof that new security, satisfactory to the Commission, is in force before the present security is released, and must also be in compliance with § 214-74 of these regulations.

§ 214-73. Fees; permit renewal; abandonment.

A fee of $600 per year shall be levied upon the permittee to defray the expenses of inspections and monthly reports. No permit shall be renewed unless an updated, certified engineered site plan has been approved by the Zoning Commission and is in compliance with § 214-70 of these regulations. Cessation of operations for a six-month period shall be considered as abandonment and a permit shall terminate and the security in place shall be forfeited.

§ 214-74. Transfer of permit.

No special use permit issued in accordance with this Article shall be transferable or assignable to any other person, corporation or legal entity. Any alienation of title to the premises concerning which a permit has been issued, whether by sale, lease, gift, devise or other means, shall operate as a revocation of said permit, and any subsequent owner, lessee or sublessee must apply for a new permit before any excavation, removal or filling operations may be conducted upon said premises. No such permit shall be issued unless all conditions stated in these regulations, and in any previous permits, have been met.

§ 214-75. Revocation of permit.

If it appears to the Commission or its authorized agent at any time after the issuance of a special use permit under the provisions of this Article and prior to the completion of the work thereunder, that any of the work is not in accordance with these regulations or the terms of the special use permit, the Commission or its authorized agent may serve a notice on the violator stating the nature of the violation and giving not more than 30 days for the violation to be corrected. If the violation is not corrected within the time specified in the notice, the Commission or its authorized agent may revoke the permit and take such other action as it or he may reasonably deem necessary to bring the work into compliance with these regulations and the terms of the special use permit, including but not limited to calling the performance bond. These provisions are in addition to, and not in lieu of, the provisions of § 214-108 of these regulations.

§ 214-76. Existing operations.

Existing excavation, removal or filling operations may continue as nonconforming uses until the expiration of their yearly permit, but the operator must file with the Commission a statement setting forth the area included in the operation and the nature, extent and purpose of the operation now being carried on. After such a statement is filed with and approved by the Commission, any extension, change or renewal of the operation shall be considered a new operation and shall require compliance with these regulations.

ARTICLE XIII

Groundwater Protection

§ 214-77. Purpose.

Approximately 60% of the land in the Town of Somers consists of stratified drift sediments capable of yielding large amounts of water. The various subregional drainage basins discharge centrally into this sediment requiring uniform controls throughout the town in order to ensure an adequate supply of safe drinking water.

§ 214-78. Hazardous waste contingency plan.

Any commercial or industrial application which uses or generates any hazardous materials shall furnish a hazardous waste contingency plan to the Somers Water Pollution Control Authority and the Somers Fire Marshal for their review and approval, in addition to any other requirements found elsewhere in these regulations. This plan shall include, but is not limited to, the following:

A. A general description of the facilities with a site plan and floor plan showing the inside and outside locations of any hazardous materials.

B. The amount and composition of any hazardous materials that will be handled, stored, generated, treated and/or disposed of on the property.

C. Provisions for treatment, storage and/or disposal of any hazardous materials.

D. Provisions for containment and emergency procedures in the event of a sudden or non-sudden discharge of hazardous materials, fire or explosion.

E. Distance to nearest public water supply wells or AA streams (tributary to public water supply).

§ 214-79. Storage of potential water contaminants.

A. Commercial underground tanks and storage systems shall be designed, constructed and installed in accordance with the standards of the State Building and Fire Codes, National Fire Prevention Association (NFPA 30), American Society For Testing Materials, Connecticut Regulations For Control of Nonresidential Underground Storage And Handling of Oil and Petroleum Liquids and the Department of Environmental Protection.

B. The burial of fuel tanks intended for residential fuel oils or other petroleum products shall be discouraged. Where possible, fuel tanks shall be located in basements, garages or in approved structures aboveground. Where extenuating circumstances exist (buildings on slab construction, replacement of existing underground tanks, larger than normal tank installation with limited placement possibilities) which create the need for an underground storage tank, new and replacement domestic underground fuel oil or other petroleum product storage tanks shall be designed, constructed and installed in accordance with the standards of the State Building and Fire Codes, National Fire Prevention Association (NFPA 30), American Society For Testing Materials, Connecticut Regulations For Control of Nonresidential Underground Storage And Handling of Oil and Petroleum Liquids and the Department of Environmental Protection.

C. New and enlarged sites for the accommodation or storage of chemical fertilizers, pesticides, salt and herbicides shall:

(1) Have a roof which shall prevent precipitation from coming into contact with these materials.

(2) Have a liquidtight floor with no drains.

(3) Be located so that the surface water runoff drains away from the storage area.

D. Plans for new and enlarged manure storage sites shall be submitted for review to the Department of Environmental Protection and the United States Department of Agriculture no later than the day of submission of any application for a zoning permit for such site.

E. Any aboveground storage tank shall be on an impervious, structurally diked area to contain any leaks or spills, with no drains, and shall be suitably covered to prevent precipitation accumulation.

F. Any of the facilities described above shall be shown on a plot plan filed with the Town Fire Marshal and Sanitarian.

§ 214-80. Inspection of new and existing uses.

The Town Sanitarian, the Building Inspector, the Fire Marshal and/or the Zoning Enforcement Officer, as the case may be, shall check all nonresidential facilities at least once a year at random, including but not limited to:

A. Metal plating, industrial manufacturing and printing operations.

B. Gasoline stations, auto body shops and small engine repair shops.

C. Aboveground and below-ground fuel or chemical storage facilities.

D. Chemical fertilizer, pesticide, salt and herbicide storage facilities.

E. Junkyards and landfill operations.

F. Commercial animal farms.

G. Town operated and controlled septage lagoons.

§ 214-81. Corrective action.

Should the Town Sanitarian, Building Inspector or Fire Marshal upon inspection determine that a facility is not in compliance with this Article, said official shall immediately notify the Zoning Enforcement Officer. He/she shall notify, in writing, the owner of said facility of such noncompliance and the reasons for the same. The owner shall have 15 days from the date of said notification to cure such noncompliance. If not corrected within said period, the certificate of occupancy for the property shall be revoked. Upon revocation of said certificate of occupancy, the Zoning Enforcement Officer shall notify the owner of said facility and undertake appropriate enforcement action with the concurrence of the Zoning Commission.

ARTICLE XIV

Inland Wetlands and Watercourses

§ 214-82. (Reserved) [8]

§ 214-83. (Reserved) [9]

ARTICLE XV

Flood Damage Prevention

§ 214-84. Areas of special flood hazard.

A. This Article shall apply to all areas of special flood hazard within the jurisdiction of the Town of Somers. The areas of special flood hazard, identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS) or Flood Insurance Rate Map (FIRM), dated August 17, 1981, with accompanying floodway maps and other supporting data, and any revisions thereto, are adopted by reference and declared to be a part of this Article.

B. In all areas of special flood hazard the following provisions are required:

(1) Permit procedures. An application for any building, structure or use in a special flood hazard area shall be made to the Town Sanitarian as part of the zoning permit application process.

(2) Water supply and sanitary sewage systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(3) In A-Zones where base flood elevations have been determined, but before a floodway is designated, no development, including fill, shall be permitted which would increase base flood elevations more than one foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.

(4) Floodways. In areas where floodways have been designated or determined, encroachments, including fill and other developments, shall be prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. When utilizing data other than that provided by the Federal Emergency Management Agency, the following standard applies: select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designated to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any one point.

§ 214-85. Provisions for flood hazard reduction.

New construction or substantial improvements of residential structures, nonresidential structures and manufactured homes shall be prohibited except for restorations as in § 214-32 of these regulations. All restorations which are substantial improvements in special flood hazard areas must meet the following provisions:

A. General standards. In all areas of special flood hazard where base flood elevation data has not been provided (Zone A), the following provisions are required:

(1) All restorations which are substantial improvements shall be:

(a) Anchored to prevent flotation, collapse or lateral movement of the structure.

(b) Constructed with materials and utility equipment resistant to flood damage.

(c) Constructed by methods and practices that minimize flood damage.

(d) Constructed with electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(2) Manufactured homes. All manufactured homes within Zone A on the town's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

B. Specific standards. In all areas of special flood hazard where base flood elevation data has been provided, as set forth in § 214-84 or as determined in § 214-86D, the following provisions, in addition to those in Subsection A, are required:

(1) Residential structures. Residential structures shall have the lowest floor, including basement, elevated to or above the base flood elevation.

(2) Nonresidential structures. Commercial, industrial or nonresidential structures located in a special flood hazard area shall have the lowest floor, including basement, elevated to or above the level of the base flood elevation.

(3) Floodproofing. Nonresidential structures located in all A Zones may be floodproofed in lieu of being elevated, provided that, together with all attendant utilities and sanitary facilities, the areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall review and/or develop structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provisions of this subsection.

(4) Elevated buildings. Elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

(a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(b) The bottom of all openings shall be no higher than one foot above grade.

(c) Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic flow of floodwaters in both directions.

(5) Manufactured homes. Manufactured homes shall have the lowest floor elevated to or above the base flood level. They shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored.

§ 214-86. Powers and duties of Town Sanitarian.

A. Duties of the Town Sanitarian shall include, but not be limited to:

(1) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

(2) Advise permittee that additional federal or state permits may be required. Notify abutting communities and the Department of Environmental Protection, Water Resources Unit, prior to any alteration or relocation of a watercourse. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(3) Record the elevation (in relation to mean sea level) of the lowest floor, including basement, or floodproofing level of substantially improved restorations. When floodproofing is utilized for a particular structure, the Town Sanitarian shall obtain certification from a registered professional engineer or architect at the applicant's expense.

(4) When base flood elevation data or floodway data have not been provided, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this Article.

(5) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard, make the necessary interpretation.

B. All records pertaining to the provisions of this Article shall be maintained in the office of the Town Sanitarian.

ARTICLE XVA

(Reserved) [10]

ARTICLE XVI

Special Uses

§ 214-87. Alcoholic beverages.

After a public hearing, the Zoning Commission may grant a special use permit for the use of property for the sale of alcoholic beverages, subject to State Liquor Commission control and restrictions under this section.

A. No building or premises shall be used for the purpose of sale or exchange of alcoholic liquors at retail if the main entrance to that part of the building subject to licensing is within 750 feet of a church or public school or another establishment having a liquor control permit. Notwithstanding the foregoing provision, an establishment allowing only on-premises consumption of beer, wine and cider not exceeding six percent liquor by volume may be located less than 750 feet but not less than 100 feet from a church or public school.

B. Grocery stores with beer and wine permits shall be considered or regarded as a package store outlet.

C. Except as limited above, the bottling and wholesale sale and storage of alcoholic liquors is permitted in the Industrial District, without limitation of distance from any liquor outlet.

D. In residential districts, the sale of alcoholic liquors for consumption on the premises is permitted, subject to Subsection A above, only by special use permit issued by the Zoning Commission as follows:

(1) A club under a club permit.

(2) At a public golf course or golf center under a restaurant permit, a restaurant permit for beer only, a restaurant permit for beer and wine only or a cafe permit, as defined in the Connecticut General Statutes. [Amended 4-20-1998, effective 4-27-1998]

§ 214-88. Greenhouses.

After a public hearing, a special use permit may be granted for greenhouse operations or expansions which are proposed as the principal use of farm property. Prior to issuance of a special use permit, the Commission shall make findings that the plan of the proposed land use as approved will be:

A. In harmony with the actual or permitted development of nearby properties and immediate neighborhood.

B. For agricultural purposes with any on-premises sales limited to products raised on the premises.

C. Adequately buffered from nearby residential properties and appropriately located on the property to protect the residential character of the area.

§ 214-89. Horses and ponies.

A. For commercial purposes. The Commission, as a special use, may permit the keeping of horses and ponies for breeding, boarding and/or instruction for commercial purposes.

(1) The premises shall not be less than 10 acres in area.

(2) The use may be conducted only by the resident of the premises as an accessory use.

(3) Buildings housing horses or ponies and areas of concentrated storage of waste shall be not less than 200 feet from any street line and not less than 200 feet from side and rear lot lines. [Amended 7-13-1998, effective 7-25-1998]

(4) A single dwelling for a full-time caretaker or watchman may be allowed on the premises, but shall be limited to three rooms, including a kitchen. Said dwelling shall not be freestanding and shall be an integral part of a building housing horses or horse facilities.

(5) In considering such special use, the Commission shall weigh the agricultural and rural, as well as the residential, character and potential of the area, and shall find that the granting of such land use shall result in an appropriate use of the land and will not have a detrimental effect on the value or enjoyment of existing residential or other uses in the area.

B. For pleasure.

(1) The lot shall contain not less than two acres for one horse and one additional acre for each additional horse. The provisions of Subsection A(1) shall apply for more than three horses.

(2) Buildings housing horses and areas of concentrated storage of waste shall be not less than 100 feet from any street line and not less than 100 feet from side and rear lot lines. [Amended 7-13-1998, effective 7-25-1998]

§ 214-90. Restaurants.

Alcoholic drink may not be served in any restaurant, except as an adjunct to the primary function of serving food and operating under a restaurant liquor permit as provided in Section 30-22a of the Connecticut General Statutes, as amended. Such service of alcoholic drink shall comply with all Liquor Control Commission regulations appertaining thereto. All establishments serving food and nonalcoholic drink must be housed in an enclosed structure and must provide seats for their customers either at a counter or at separate tables.

§ 214-91. Permanent public uses.

The Commission may permit the following uses in any zone if it finds such use to be essential to the public convenience and welfare:

A. Firehouses.

B. Libraries.

C. Cemeteries.

D. Churches open to the public.

E. Town parks and playgrounds.

F. Public utility lines, substations and buildings, provided that:

(1) The location, construction and right-of-way of any transmission line shall be such as to prevent hazard to the public and surrounding property.

(2) Gas booster stations shall be located on a site at least one acre in area and having no dimension less than 100 feet.

(3) A utility substation shall be located on a lot at least 10,000 square feet in area. There shall be suitable fencing to protect the public and landscaping to effectively screen the substation from surrounding property. Yard setbacks of the district in which the substation is located shall be met. In addition, there shall be adequate off-street parking areas providing at least two parking spaces.

(4) Minor structures, such as hydrants, telephone or light poles or similar equipment, shall not be subject to these regulations.

§ 214-92. Temporary uses.

A. Any church, school, civic association, volunteer fire department or other nonprofit organization may hold a fair, carnival, circus, athletic meet, sporting event or similar event on its own premises for a period not exceeding seven days if the profits are to be used for civic, religious or philanthropic purposes.

B. School bus shelters may be located 20 feet from the street line subject to the following:

(1) Approval of Building Inspector and Zoning Enforcement Officer.

(2) Certification of construction by the Building Inspector.

(3) Verification of use for a school approved bus stop.

(4) Building to be in place only from September to June.

(5) Permits to be issued to current owner only. Permit is automatically void upon transfer of title.

(6) A permit is required for each school year.

(7) The shelter may not exceed 24 square feet in floor area, nor seven feet in ceiling height.

C. The Commission may issue a special use permit for up to one year, which may be renewed by the Zoning Commission or its agent after a public hearing for the limited use of trailers or mobile homes for the following purposes: [Amended 6-30-2003, effective 8-1-2003]

(1) Mobile homes used as an office to service a construction project, which may include facilities for a watchman, for up to one year.

(2) Temporary uses other than for residential purposes which in the judgment of the Commission warrant such special use permit.

§ 214-93. Temporary commercial uses.

A. The Commission may issue a special use permit for auctions, food festivals, music jamborees and flea markets, provided that:

(1) The activities are an accessory and secondary use to an existing commercial use in an A-1, B or I Zone.

(2) The proposed activities shall be conducted on property situated adjacent to a state highway.

(3) Said permit shall be valid up to one year or any other shorter time period approved by the Commission. A minimum written notification of 45 days to the Zoning Commission or its agent shall be given if there is no prescheduled date for an approved event(s). Written notification to the Zoning Commission or its agent shall be given no later than 45 days prior to the holding of an approved event if such event has been approved without prescheduled dates. The special use permit may be renewed annually and a public hearing may be waived by the Commission. The fee for renewal shall be equal to the special use permit fee.

B. Prior to issuance of a special use permit, the Commission shall make findings that the plan of the proposed land use as approved will be:

(1) In harmony with the actual or permitted development of nearby properties and immediate neighborhood.

(2) Adequately buffered from nearby residential properties and appropriately located on the property to protect the character of the area.

(3) In accordance with §§ 214-102 and 214-103 of these regulations. The Commission shall consider conditions of the permit, including but not limited to parking, hours of operation, type and size of signs and length of permit. The applicant is responsible for police and traffic control if required for his/her event.

C. The granting of a permit under this section does not supersede the conditions set forth herein or other permits which may be necessary. All required permits must be obtained and conditions met prior to the commencement of any event. Any permit for any event which threatens the health, safety or welfare of the community may be revoked by the Zoning Commission or its agent in accordance with § 214-108 of these regulations. [Amended 8-10-1993]

§ 214-93.1. Adult-oriented establishments. [Added 2-16-1999, effective 3-1-1999]

All adult-oriented establishments, as that term is defined in Chapter 72 of the Town of Somers Code, as may be amended from time to time, shall be subject to the following regulations:

A. The lot on which such establishment is located shall be a minimum of 1,000 feet from any lot that is zoned for residential uses or any lot that contains other adult-oriented establishments or any lot containing an existing residential use or from any building or premises used for the purpose of a hotel, motel, public schools (or a duly authorized school other than a public school, conducted for the instruction of children under 18 years of age and giving instruction at least eight days a week for eight or more months a year), a church, charitable institution (whether supported by public or private funds), hospital, convalescent home, cemetery, library, museum, child day-care center, park or recreation facility, public playground, municipal fire or police station or municipal Town Hall. The required minimum distance shall be determined by measuring along a radius from the property of the use in question to the nearest property line of any protected use.

B. Adult-oriented establishments are permitted only in the Business Zoning District and shall be subject to the special permit and site plan review provisions of Article XVII of the Somers Zoning Code. The following specific site plan criteria shall apply to anv adult-oriented establishment:

(1) No exterior sign shall contain any photographic or artistic representation of specified anatomical areas.

(2) All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent view into the interior of the building from any public right-of-way or adjacent property.

(3) No adult use shall be established in any building of which any part is used for residential purposes.

(4) No residential use shall be established in any building of which any part is used as an adult use establishment.

(5) Stairways, sloping or rising paths and building entrances and exits shall be illuminated. Spotlight-type fixtures attached to the building should be avoided.

(6) Adequate lighting shall be provided on a site to ensure the safe movement of persons and vehicles and for security purposes.

(7) All lighting shall be shielded to prevent direct glare and/or light trespass onto adjoining properties. All building lighting for security or aesthetics shall be full cut-off or shielded type, not allowing for any upward distribution of light. Flood lighting is prohibited. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security. Nonessential lighting includes display, aesthetic, parking and sign lighting. The use of motion detection lighting for security is preferred over a constant light source.

(8) Parking. One parking space for every 100 square feet of gross floor area devoted to the adult-oriented establishment shall be provided.

ARTICLE XVII

Minimum Requirements in Zoning Districts

§ 214-94. Residential districts.

A. Purpose of residential districts.

(1) The predominant character of the town as it exists and as planned is residential, which is provided for by two districts which vary only as to permitted uses and dwelling size to meet the needs and desires of the town's residents, and also to recognize the prevailing character of existing residential and agricultural areas which fit into the Comprehensive Zoning Plan. Said districts are designated "Residence A" and "Residence A-1."

(2) These districts are intended to provide areas for those residents who desire individual dwelling structures surrounded by open space which can be landscaped and developed with facilities for outdoor family living while at the same time preserving those areas which are capable of supporting agricultural pursuits and those areas which are recognized as being incapable of urban development because of natural physical factors.

(3) In keeping with these purposes it is intended that nonresidential uses in such districts be limited to those which are primarily necessary or desirable to serve the residents of these districts and are compatible with residential uses when located in their midst.

B. Residential basement requirements. All residential buildings shall have full basements with a ceiling height in compliance with the State Building Code and these regulations, except that:

(1) Any split-level style or raised ranch dwelling shall have a basement area of at least one-half (1/2) the first floor area of said dwelling.

(2) By special use permit, this requirement may not apply where a basement would substantially hinder or prevent the construction of proposed energy efficient passive solar or geothermal dwellings.

(3) Additions to an existing residential building need not have a basement, provided that the original building has the required minimum floor area. Such additions shall not exceed 50% of the original floor area.

§ 214-95. Business District.

The Business District in these regulations is established in order to provide areas for convenience goods and services and commercial uses which are considered necessary to serve the residents and businesses of the town.

§ 214-96. Industrial District.

This district permits a variety of uses allowed in other districts and provides for a number of uses that would not be desirable in residential or business areas. In addition, certain types of uses that are incompatible and/or undesirable are prohibited, or would be prohibited due to physical capabilities of the land.

§ 214-97. Prohibited uses. [11]

The following buildings, structures and uses are prohibited in all zoning districts:

A. Abattoir, meat packing, distillation of bones, offal or dead animals, rendering or dumping.

B. Blast furnaces or smelting of copper, iron, lead, tin or zinc, drop forging or foundries.

C. Coal or petroleum distillation or derivation of by-products.

D. Manufacture of cement, lime, gypsum, plaster of Paris, creosote, chlorine or carbolic, hydrochloric, nitric, picric or sulfuric acid.

E. Manufacture, storage or disposal of hazardous materials and wastes.

F. Manufacture or storage of explosives or nuclear products or their development or assembly.

G. Fertilizer manufacture, except in connection with the operation of a sewage disposal plant.

H. Refining and recovery of products from fish or animal refuse.

I. Plastics or rubber manufacture or paint or lacquer.

J. Petroleum gas manufacture and storage by other than a public utility, except that the storage for distributing purposes and the distribution of liquefied petroleum gas may be permitted by the Zoning Commission as a special use and provided that the standards established by the National Board of Fire Underwriters, NBFU pamphlet 58 and 59, and applicable state laws, including revisions, are complied with. Nothing shall prevent the storage for use on the premises of liquefied petroleum gas when installed and used in accordance with applicable Connecticut state laws.

K. Junkyards, motor vehicle salvage and processing.

L. Leather tanning.

M. Dry-cleaning establishments and similar uses using chemicals.

N. Hazardous waste dumps.

O. Private septage lagoons.

P. Photographic processing.

Q. Furniture stripping.

R. Fiberglass manufacture.

S. Electroplating.

T. Smelting.

U. Metalfinishing and heat treating.

V. Burial of stumps.

W. Similar uses to the above Subsections A through K which are dangerous by reason of fire or explosion or injurious, noxious or detrimental to the neighborhood because of emission of dust, fumes, odor, smoke, wastes, noise, vibrations.

X. Organizations in which compensation is charged for the privilege of hunting wild game on private property. [Added 6-3-1991, effective 6-17-1991]

Y. Commercial kennels. [Added 6-30-2003, effective 8-1-2003]

§ 214-98. Area, yard and bulk regulations; permitted uses and accessory uses.

A. Standards for districts. The following standards shall apply to all buildings, structures and uses in each applicable district:

	Standards for Districts
		Single-family Residence	Two-family Residence
		A	A-1	A-1	Business	Industrial
Lot area (square feet)	40,000	40,000	80,000	40,000	60,000
Contiguous	40,000	40,000	80,000	40,000	60,000
	buildable area (square feet)
Lot frontage	175	175	300	75	200
	(feet)
Minimum front	50	50	50	25	35
	yard (feet)
Minimum side yard (feet)
	Primary building	25	25	25	10	20
	Accessory building	25	25	25
	Parking area	10	10	10
Minimum rear yard (feet)
	Primary building	40	40	40	30	40
	Accessory building	25	25	25
	Parking area	10	10	10
Maximum height (feet)
	Primary building	35	35	35	35	40
	Accessory building	20	20	20
Maximum height (stories)
	Primary building	2 1/2	2 1/2	2 1/2	2	2