6.1

Application of General Regulations. The provisions of this Section 6 shall apply to all property in all zoning districts, unless expressly noted otherwise. If this section conflicts with a more definitive requirement for a specific use found elsewhere in these regulations, such more definitive requirement shall apply.

6.2

Calculation of Total Lot Area. The following shall not be included in calculation of Total Lot Area for uses as required by these regulations:

6.2.1

The area of any utility or drainage easement, except that such easements located within wetlands and required yards may be included. Only one-half (½) of the area of any conservation easement may be included in calculating minimum lot area.

6.2.2

The area of any right-of-way used for driveway and parking purposes.

6.2.3

Seventy-five (75) percent of the area classified as a wetland by a certified soil scientist.

6.3

Wetland/Non-Wetland/Slope Requirements.

a)

Building lots in each of the following residential zoning districts shall be underlain by contiguous non-wetland soils as specified below.

R-18 District—An area of at least 11,250 square feet that will accommodate a rectangle 70 feet by 95 feet.

R-40 District—An area of at least 30,000 square feet that will accommodate a rectangle 100 feet by 185 feet.

R-65 District—An area of at least 48,750 square feet that will accommodate a rectangle 100 feet by 185 feet.

MF District—Individual lots containing single- or two-family dwellings shall meet the requirements of the R-18 District stated above.

b)

Building lots in each of the following zoning districts shall contain a contiguous area having a pre-development slope of twenty-five (25) percent or less and located within the building setback lines as follows:

R-18 District—At least 6,000 square feet.

R-40 District—At least 15,000 square feet.

R-65 District—At least 25,000 square feet.

MF District—Individual lots containing one- and two-family dwellings shall meet the R-18 standards stated above.

6.4

Accessory Buildings. The following shall apply to the R-18, R-40, R-65, and one- or two-family dwellings in the MF District:

a)

There shall be no more than three (3) accessory buildings of any type per lot. Accessory buildings of any type are prohibited in the required front yard. Accessory buildings shall meet the building setback requirements of their respective districts except small buildings as stated in Section 6.14.1.

b)

The total lot area of all accessory buildings located on a lot shall not exceed as follows::

c)

Portable structures (car ports) consisting of a frame with a fabric cover with area of two hundred forty (240) square feet shall be at least ten (10) feet from a side or rear lot line. No such structures shall be permitted in the front yard.

d)

Storage containers, dumpsters are allowed on a temporary basis only for a period of three (3) months, except that this period may be extended for an additional three (3) months for cause. Only one (1) ninety-day extensions are permitted. The Zoning Enforcement Officer may extend beyond the time-periods allowed in the case of a hardship, specifically those losses due to fire, natural disasters, for a period of up to eighteen (18) months.

6.5

Corner Lots.

a)

The owner has the option of selecting the location of the front and rear yards and one (1) of the side yards through his choice of building orientation. In a subdivision, the designer may designate side and rear yards. In all cases, the required setback from each street shall be maintained.

b)

All corner lots shall be subject to a triangular sight line easement within which nothing may be permitted to obstruct vision at any point between a height of three (3) feet and ten (10) feet back from the intersecting line of the paved street. This easement shall be bounded on two (2) sides by a line fifty (50) feet in length measured from the point of intersection of the two (2) street lines, and on the third (3 ^rd ) side by a straight line connecting the two (2) ends of the fifty (50) foot lines.

6.6

Drainage.

a)

Definitions. For purposes of this section, "drainage facilities" are defined as structures intended to convey rain, ground or surface water, including but not limited to roof drains, under drains, relief drains, interceptor drains, storm drainage pipes and drainage swales. Wetlands and watercourses are each as defined in Connecticut General Statutes § 22a-38.

b)

No land shall be altered or graded in such a manner as to divert, concentrate, or direct natural sheet flow on to an adjacent street or property. If the natural flow of ground or surface water is altered by grading or construction, proper drainage facilities shall be provided so that there is no increase in run off on to adjacent properties.

c)

Outlets from drainage facilities shall meet one of the following conditions:

1.

Be connected to the Town storm drainage system in a manner approved by the Town Engineer, in his or her sole discretion.

2.

Be discharged into a wetland or watercourse.

3.

Be located sufficiently distant from a public street or adjacent property so that outflow is dispersed and there is no concentrated discharge of water leaving the property.

4.

Outlet protection such as riprap pads or level spreaders or by any method deemed required by the Town Engineer.

5.

Detention and/or retention basins that collect water from public streets shall not be allowed on lots in private ownership.

6.7

Driveways.

a)

Number of Driveways. The number of driveways per lot shall be based on lot frontage as follows:

i.

125 feet of frontage or less: One (1) driveway.

ii.

126 feet to 250 feet of frontage: Two (2) driveways.

iii.

251 feet to 500 feet of frontage: Three (3) driveways.

iv.

More than 500 feet of frontage: Four (4) driveways.

b)

Corner Lots. Driveways on corner lots shall be located at least thirty (30) feet from the intersection of the street lines. If a lot does not have enough frontage to meet this requirement or if there are physical constraints to driveway location, the driveway shall be located as far from the intersection as practical.

c)

Setbacks. Driveways shall be set back at least two (2) feet from a side or rear lot line. Driveways on the same lot shall be separated by at least twenty (20) feet at the curb line. Driveways shall be located and aligned so that the apron does not extend beyond the extension of the side lot line.

d)

Aprons. That portion of the driveway between the curb and the street line and within the Town right-of-way shall be paved in accordance with Town standards set forth by the Town Engineer. All driveways and or accessways from a Town road must have a hot applied bituminous material or concrete product from curb line to a minimum distance of ten (10) feet into property for its entire width, with a one and one-half (1½) inch lip at the gutter line on the public roadway.

e)

Grade. Grading shall avoid the concentration and direct discharge of storm water on to an adjacent property or street. The grade between the curb and the street line shall slope upwards at a minimum of two (2) percent and a maximum of five (5) percent for the first ten (10) feet. The grade on the remainder of an unpaved driveway shall not exceed twelve (12) percent. A paved driveway may be up to fifteen (15) percent after the first ten (10) feet. Vertical alignment shall be sufficiently flat to prevent the undercarriage of a vehicle from striking the ground.

f)

Interior Lot Driveways. Driveways shall either have a paved or gravel surface at least fifteen (15) feet in width within the area of the twenty-five (25) foot accessway and at least twelve (12) feet in other locations. Grade shall not exceed twelve (12) percent. Driveways shall be at least two (2) feet from the side lot lines within the twenty-five (25) foot accessway.

g)

Sight Distance. In general, all driveways shall have a sight distance of at least two hundred twenty (220) feet in both directions. If these requirements cannot be met because of site conditions or road geometry, the driveway shall be located on that part of the lot that provides the best sight distance. Sight distance shall be based on an eye and object height of three (3) feet at ten (10) feet back from the intersecting line of the paved roadway.

h)

Entrance. Driveways shall intersect with the street at an angle of ninety (90) degrees if possible, but in no instance, less than sixty (60) degrees measured at its most acute point. The curb radius of a private driveway for a dwelling shall be at least five (5) feet. The curb radius of commercial and industrial driveways shall be designed to accommodate the type of vehicles expected to use the driveway. Driveways to retail centers containing fifty thousand (50,000) square feet or more of floor area shall have a curb radius of at least twenty-five (25) feet or as needed to safely accommodate the largest anticipated truck movement.

i)

Vertical Clearance. All driveways shall have a vertical clearance between the ground and any overhead obstruction of at least fourteen (14) feet for their entire length.

j)

Turnarounds. Interior lot driveways and all other driveways more than two hundred (200) feet in length shall have a turnaround at the end of the driveway. The turnaround shall have one dimension of at least thirty-five (35) feet.

k)

Drainage. Driveways shall be designed and located to avoid the concentration and direct discharge of storm water on to an adjacent property or street. Curbing may be required to control the discharge of storm water. Section 6.6 standards apply.

l)

The driveway to a detached, one-family dwelling shall be located on the same lot therewith for its entire length.

m)

Turns shall have a minimum radius of fifteen (15) feet at the inside curb.

n)

Driveways on lots other than interior lots shall have a minimum width of twelve (12) feet.

6.7.1

Private Roads:

a.

Upon written request of the applicant, the Commission may classify a proposed street, right-of-way, or common driveway as a permanent private street or right-of-way if the Commission shall find that such street or right-of-way will not carry more traffic than is expected on a minor street and that such street or right-of-way will not impair the orderly development of the neighborhood or the safe and convenient circulation of vehicles and pedestrians in the neighborhood.

b.

Private roads can be allowed for up to a maximum of four (4) residential lots.

c.

Each individual lot shall have deeded frontage along a public street or private right-of-way owned by a legal homeowner's association registered in the State of Connecticut. Easements and association documents shall include a Restrictive Covenant establishing the private road and explaining the common land owner's maintenance requirements. The documents shall be reviewed and approved by the Commission, town counsel, town staff and recorded on the Seymour Land Records as a condition of approval. Said Restrictive Covenant shall contain a provision that the Restrictive Covenant shall be null and void if the subdivision is terminated in accordance with the Connecticut General Statutes § 8-26c, as amended.

d.

The deeds of each lot shall contain common perpetual ownership in the private road or easement with the right of ingress and egress and the duty to maintain. Maintenance shall include, but not limited to, service and construction of snowplowing, storm drainage, utilities, repairs, replacement, landscaping, etc.

6.7.2

Private Roads shall conform to the following design standards:

a.

For private roads accessing two (2) lots, the width of the easement or accessway shall be at least twenty-five (25) feet.

b.

For private roads accessing three (3) or four (4) lots, the width of the easement of accessway shall be at least thirty-five (35) feet.

c.

For private roads accessing two (2) lots, the width of the pavement shall be at least fifteen (15) feet.

d.

For private roads accessing three (3) or four (4) lots, the width of the pavement shall be at least eighteen (18) feet.

e.

For driveways in excess of three hundred (300) feet, eight (8) feet by 16-foot turnoffs shall be provided at least every three hundred (300) feet.

f.

The minimum radius of curvature at the center line of all private streets shall be one hundred fifty (150) feet, unless otherwise approved by the Town Engineer.

g.

The minimum vertical gradient at the center line of all private streets shall be a minimum of one (1) percent and a maximum of ten (10) percent.

h.

All private roads shall be paved with at least three (3) inches of hot mix asphalt, placed over a bed of at least fifteen (15) inches of compacted processed aggregate in accordance with state DOT standards.

i.

Storm drainage shall be designed for at least the 25-year storm event, or as required by the town engineer. Areas prone to flooding may be required to provide additional storm water management. Storm water quality shall be considered and shall follow the recommendations of the Connecticut Storm Water Quality manual, as amended.

j.

Sight lines at any roadway intersection with a private road shall be at least two hundred fifty (250) feet, or as required by the State of Connecticut Highway Design Manual.

k.

A turnaround with a minimum diameter of ninety (90) feet shall be provided at the closed end of a cul-de-sac of a private road servicing three (3) or four (4) lots. A hammerhead area can be provided for private streets that serve two (2) lots, provided emergency vehicles are shown to be able to maneuver. The design engineer shall submit evidence that the roadway turnaround can accommodate delivery vehicles and the largest emergency services apparatus.

l.

Trash collection shall be handled privately through the association or individually.

m.

Construction of the private road shall be overseen by a Professional Engineer licensed in the State of Connecticut and shall be certified by such upon completion.

6.8

Fences and Walls.

a)

Fences in residential zoning districts shall be a maximum of three (3) feet in height in the area between the front setback line and the street(s), and a maximum of six (6) feet in height on the remainder of the lot. Fences on residential properties adjacent to industrial zoning districts and/or industrial uses shall be a maximum of eight (8) in height on the remainder of the lot, following an approval from the Zoning Enforcement Officer.

b)

Fences in commercial or industrial zoning districts shall be a maximum of eight (8) feet in height. Fences and walls in commercial or industrial zoning districts over eight (8) feet in height are permitted subject to the issuance of a Special Permit from the Planning and Zoning Commission.

c)

The sight line easement specified in Section 6.5 b applies to fences and walls.

d)

No fence or wall, including a retaining wall, shall be in such a manner as to reduce sight distance along a public street to less than two hundred twenty (220) feet.

e)

Retaining walls may be erected to the height required to accomplish their intended purpose. The Town Engineer, Zoning Enforcement Officer or Building Official may require that a retaining wall over three (3) feet in height be designed and certified upon completion by a Professional Engineer.

f)

There are no specific setback requirements for fences or walls; however, they should be located so that repair or maintenance may be done without encroaching upon adjacent property.

g)

Fencing may be required to be added to the top of retaining walls to ensure safety as directed by the Building Official.

6.9

Horses.

a)

The keeping or boarding of horses or other equines is permitted as an accessory use to a detached single-family dwelling. The minimum required lot area shall be eighty thousand (80,000) square feet for the first animal and twenty thousand (20,000) square feet for each animal thereafter. The maximum number of animals permitted shall be five (5). Minimum required lot area shall be gross area and may include wetlands, steep slopes, easements, or rights-of-way.

b)

Buildings used for housing of animals and the open or covered storage of manure shall be at least one hundred (100) feet from any lot line or residential building. Outdoor riding areas, which may be fenced, shall not be required to meet this setback.

6.10

Interior Lots.

a)

Interior lots shall be permitted in the R-65, R-40, and R-18 Zoning Districts.

b)

Each lot shall have its own accessway to a public street. The accessway shall be at least twenty-five (25) feet in width and be in the same ownership as the lot served. The accessway shall not be a right-of-way or easement.

1.

No more than one (1) interior lot served by an accessway may be placed directly behind another interior lot served by an accessway that fronts the same street.

2.

No accessway shall lie next to another accessway, driveway or other common driveway. Accessways will be separated from other accessways by a lot that conforms to the minimum lot width requirements of the zone in which it is located.

3.

No accessway shall be located within thirty (30) feet of any intersection.

c)

Interior lot shall conform to one- and one-half times the minimum lot area for the district involved. The area of the accessway shall not be included in calculating minimum lot area in addition to land cited in Section 6.2. The wetland/slope standards of Section 6.3 apply to interior lots.

d)

Accessways to interior lots on the same side of the street shall be separated by a distance of at least the minimum lot frontage for the applicable zoning district.

e)

The minimum setback from any property line shall be equal to the minimum setback from the street for the district involved.

f)

The area within the building setback lines shall accommodate at least a sixty (60) square foot.

g)

Connection to public sanitary sewer and/or public water is required when an accessway, serving such interior lot adjoins a street having such facilities.

h)

Each interior lot shall be restricted to single family residences and such interior lot shall not be further subdivided or re-subdivided.

6.11

Outdoor Lighting. All outdoor lighting shall be shielded so that the source of illumination is not directly visible from any street or adjoining property. The circle of illumination cast by the lighting device shall be confined essentially to the lot.

6.12

Outside Storage/Display. Outside storage of materials, equipment, or inventory for commercial or industrial uses shall not be allowed in the required front yard or in any side or rear yard which abuts a residential zoning district. Such storage shall be in an area specifically designed for this purpose and defined by such means as an opaque fence, embankment, or plantings.

The display of merchandise offered for retail sale can occupy up to one-half (½) of the distance of the front yard setback line of any parcel in a commercial and/or industrial zoning district.

6.13

Slope. In general, the finished slope of any area excavated, filled or re-graded shall not exceed one (1) foot vertical for each two (2) feet horizontal. Slopes may exceed such slope in rock cuts or other areas after review of the proposed plans by the Town Engineer and a finding that the slope will be stable. Excavation, grading, removal, or deposition of earth materials on any lot or premises may be permitted within fifteen (15) feet of a property line to a slope not exceeding one (1) foot vertical for each three (3) feet horizontal. Where safety conditions or unforeseen circumstances warrant (as determined by the Town Engineer), an engineering analysis and approved engineered plan may be required. Retaining walls may be permitted as a manner to adjust grade conditions to allow for slope requirements. No land shall be re-graded to direct the flow of surface water towards a street or adjoining property unless proper provision has been made for the disposition of such water.

6.14

Yard Occupancy.

6.14.1

Except as specifically provided below no required front, side or rear yard may be occupied by a principal or accessory building. No more than two (2) accessory buildings having a total floor area of two hundred forty (240) square feet or less, and a height of not more than eight (8) feet to an eave height, are allowed in a required side or rear yard, but in no instance shall be less than ten (10) feet from the property line. Architectural projections of the principal building such as decks, overhangs, bay windows, stairs, porches, chimneys, and the like may encroach upon any required yard by up to two (2) feet. Handicapped ramps may be located as required by the Americans with Disabilities Act (ADA).

6.14.2

Yards may be occupied by driveways, fences, retaining walls, parking, stairways, landscaping, and similar features as may be elsewhere permitted in these regulations. On residential property, yards may also be occupied by certain accessory structures such as picnic tables, play equipment, dog pens and the like that are customarily associated with a dwelling.

6.15

Parcels in Adjacent Towns. A zoning permit may be issued for a parcel having land partially in Seymour and partially in an adjacent municipality provided that the total parcel area meets all of the requirements of the zoning district in Seymour in which it is located, vehicular access to the parcel is from Seymour and the principal building is located in Seymour.

6.16

Construction on and Completion of a Paper Street. This section applies when an applicant proposes to construct a building on a lot that fronts on a paper street and to construct such street to Town street standards in order to provide frontage for such lot. Construction on such lots are subject to a Special Permit approval from the Planning and Zoning Commission.

6.16.1

Required Documentation.

(i)

Construction plans and specifications for the proposed Town maintained street and municipal utilities that have been approved by the Town Engineer.

(ii)

A report from the Seymour Inland Wetland and Watercourses Commission concerning the construction of the road and utilities as proposed.

(iii)

Site Plans for the development of the lot or lots in accordance with Section 10 of these Regulations.

(iv)

Documentation from the Town Attorney that the applicant has executed a "Hold Harmless Agreement Bond" sufficient to hold the Town of Seymour harmless from claims, demands, or causes of action arising out of the Town's acceptance of a constructed paper street or to fund a condemnation of a right-of-way for such street.

(v)

Documentation that the Board of Selectpersons has authorized the construction of the Paper Street and municipal infrastructure.

6.16.2

Bonding and Surety for Construction of Public Improvements. Construction of a paper street shall be subject to the filing of a surety bond in accordance with the Town of Seymour bonding procedures for all Public Improvements shown on the Site Plan to be owned by the Town of Seymour. This includes but not necessarily limited to the construction of streets, installation of storm drains and sanitary sewers, construction of sidewalks and curbs, installation of landscaping, signs and lighting. Such bond may also be required for costs of setting the monuments, compliance with erosion and sediment control plans and any other stipulation required as a condition of approval.

6.17

The storage of camping trailers, recreational vehicles and the like is considered as an accessory use to one- or two-family dwellings. Such use is expressly limited to storage and does not include occupancy while on the same lot.

(Ord. of 5-8-25(1), eff. 6-1-25; Ord. of 8-14-25(1), eff. 9-1-25)