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