8.1

Interpretation of Table of Permitted Uses.

a)

Individual uses are allowed or prohibited by these regulations as specified in the Table of Permitted Uses, Section 8.2. Uses are allowed or prohibited in respective zoning districts in accordance with the following symbols:

b)

Uses Not Listed in Table. If a use not listed in the table of permitted uses is found to be substantially similar in character to a listed use, such use may be permitted in the same zoning district and under the same conditions as the listed use. The Zoning Enforcement Officer shall refer all such determinations to the Planning and Zoning Commission. The Planning and Zoning Commission shall consider at least the following factors in making its determination:

1)

Location requirements of the requested use.

2)

Volume and nature of vehicular and pedestrian traffic generated by the requested use.

3)

Effects of requested use on adjoining properties compared with effects of other uses permitted in the same zoning district.

4)

Compatibility of requested use with other uses permitted in the same zoning district.

c)

Prohibited Uses. Any use not specifically listed in the table of permitted uses or determined to be substantially similar in character is prohibited. The following uses are expressly prohibited and are not to be considered as substantially similar to any listed use: Landfill, Non-Licensed Massage Parlor, Manufacture, storage or disposal of radioactive substances, Tire recapping, Manufacture or distillation of coal or petroleum products including asphalt plants and commercial incineration.

8.2

Table of Permitted Uses.

a.

Required Conditions for Uses Designated with a "C" in the Table of Permitted Uses.

b.

Required Conditions for Uses Designated with a "P" in the Table of Permitted Uses Required Conditions for Special Permit Uses. All Special Permit uses shall be subject to the requirements of Section 11 and other applicable requirements of these regulations.

C1 — Detached one- and two-family dwellings on individual lots, including interior lots are permitted subject to all the lot size, area, setback, and other requirements of the R-18 District. Detached one-family dwellings on land in common interest ownership are permitted subject to the following:

1.

Special Permit approval by the Planning and Zoning Commission is required subject to Sections 11 and 11.1.4 of these regulations.

2.

The number of dwellings containing three bedrooms shall not exceed fifty (50) percent of the total number of all units in the project.

3.

No dwelling shall contain more than three (3) bedrooms.

C2 — Two-family dwellings must have a separate entrance for each dwelling unit and a minimum lot area, as defined in these regulations, of at least twenty thousand (20,000) square feet.

C32 — An Accessory Dwelling Unit (ADU) is permitted in the R-18, R-40, R-65 Zoning Districts and MF and RC-3 Districts (Single Family Homes) located within a proposed or existing Principal Dwelling of greater square footage and height subject to a Site Plan Approval by the Planning and Zoning Commission, per the requirements of Section 10 of these regulations.

An Accessory Dwelling Unit (ADU) is permitted in the R-18, R-40, R-65 Zoning Districts and MF and RC-3 Districts (Single Family Homes) located within a detached proposed or existing detached building other than a proposed or existing Principal Dwelling Unit of greater square footage and height subject to a Special Permit Approval by the Planning and Zoning Commission, per the requirements of Sections 10 and 11 of these regulations.

An Accessory Dwelling Unit shall meet the following standards:

1.

There shall be only one Accessory Dwelling Unit per building lot.

2.

No Accessory Dwelling Unit can occupy an existing non-conforming Principal Dwelling Unit or existing non-conforming Detached Building.

3.

The Accessory Dwelling Unit shall occupy not more than thirty (30) percent of the floor area of the Principal Dwelling Unit or one thousand (1,000) square feet, whichever is less.

4.

Scaled architectural elevations and floor plans of all buildings or additions shall be submitted as part of the application to determine applicable square footage.

5.

Architectural exterior features of all ADUs match the exterior appearance of the Primary Dwelling including:

a.

Exterior finish materials of the ADU must visually match in type, size and placement, the exterior finish materials of the Primary Dwelling.

b.

The roof pitch of the ADU must be the same as the predominant roof pitch of the Primary Dwelling.

c.

If the street-facing façade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the Primary Dwelling.

d.

If the Primary Dwelling has eaves, the ADU must have eaves that project the same distance from the building. If the Primary Dwelling does not have eaves, no eaves are required for the ADU.

6.

All Accessory Dwelling Units shall adhere to all lot area, lot frontage, lot width, lot square, building setback, lot coverage, height requirements, landscaping and architectural design standards equal to that which is required for a Principal Dwelling Unit.

7.

There shall be only one utility service per lot (i.e., electrical, water, sewer, natural gas, bottled gas) provided for both the Principal Dwelling Unit and Accessory Dwelling Unit. Certification shall be required from the Naugatuck Valley Health District that the sewage disposal system and/or potable water supply is adequate to serve both the Principal Dwelling Unit and Accessory Dwelling Unit. In such cases that the ADU cannot conform to Standard #7, the Building Official may waive portions of this section.

8.

One (1) additional parking space is required for an Accessory Dwelling Unit and shown on Site Plan.

9.

There shall be only one (1) street number address for the Accessory Dwelling Unit and Principal Dwelling Unit and only one (1) mailbox.

10.

An Accessory Dwelling Unit shall have a separate exterior entrance as required by the applicable Building and Fire codes and not be required to have a passageway between any such Accessory Dwelling Unit and a Principal Dwelling Unit.

11.

No Home Occupation shall be allowed in any Accessory Dwelling Unit.

12.

An Accessory Dwelling Unit shall not be occupied or utilized for either a vacation home and/or short-term rental.

13.

Principal Dwelling Unit with Accessory Dwelling Unit shall register the existence of said Accessory Dwelling Unit with the local municipal PSAP "911" Seymour Police Department.

P1 — Three-family and four-family dwellings in the R-18 District shall meet the requirements of Section 11.5. Three-family and four-family dwellings in the MF District shall meet the requirements of Section 11.1.

P2 — Subject to the requirements specified in Section 11.1.

C3 — Establishment shall be designed and intended to serve the daytime, working population and conduct its heaviest volume of business during the morning and noontime hours.

C4 — Use is limited to office, garage, maintenance, and similar activities. Bulk storage of fuel oil is prohibited.

C5 — Permitted only as an accessory use, selling products produced or assembled on the premises.

C6 — Limited to branch offices devoted principally to direct customer service.

C8 — Allowed only as an accessory use, serving residents, guests, and employees.

C9 — Use limited to administrative or office functions. There shall be no storage, maintenance, or rental of heavy equipment.

C10 — Approval of location by the Zoning Board of Appeals is required as specified in Section 24. If the location is so approved, the Site Plan shall be referred to the Planning and Zoning Commission for approval.

C11 — Use limited to rental of passenger vehicles, motor homes, all-terrain vehicles, motorcycles, and the like. Rental of heavy trucks or heavy construction equipment is prohibited.

C12 — Installation and repair of specialized automotive and marine glass, vinyl, fiberglass, electrical and electronic accessories is allowed. General automotive repair, sales, auto body repair and painting are prohibited. All work areas and storage of boats or vehicles under repair shall be within a building.

C13 — Includes repair of items such as appliances, electronic equipment, furniture, shoes, clocks, and the like. Any welding is allowed only as a purely incidental operation. Work shall be done entirely within a building.

C14 — Allowed only as an accessory use to a church or other such permitted use in the R-40 and R-15 Districts, and as an accessory use to a planned development serving the residents of the development.

C30 — Permitted in the RC-3 District, subject to the following conditions:

a)

The parcel shall have an area of at least eighty thousand (80,000) square feet (1.84 Acres) and frontage on Roosevelt Drive.

b)

Vehicular access shall be from Roosevelt Drive only.

c)

The building setback line shall be at least seventy-five (75) feet from any property line in a residential district.

d)

Site Plan approval by the Planning and Zoning Commission as per Section 10 of these regulations shall be required.

C31 — This use is more specifically described as business selling outdoor/recreational products and landscaping/gardening products as well as prefabricated structures such as gazebos, sheds, barns, arbors, windmills, playhouses, and the like. In the RC-3 District, the parcel shall have a minimum lot area of forty thousand (40,000) square feet and shall have road frontage on Roosevelt Drive. Site Plan approval by the Planning and Zoning Commission as per Section 10 of these regulations shall be required.

C33 — The Zoning Enforcement Officer is authorized to allow Mobile Food Trucks/Carts at a specific location in the CBD, RC-3, C-2, LI-1 AND GI-2 Districts, in accordance with the requirements stated below:

a)

Copy of lease or written confirmation of permission from the owner (or authorized agent) of the property where the unit is to be located. This permission should include a legible name, signature, and phone number of the authorizing individual.

b)

Applicant shall provide a photo of the site and a drawing that shows where the Mobile Food Truck/Cart will be located and a written statement describing proposed food service.

c)

All Mobile Food Truck/Cart venders must be licensed by the Naugatuck Valley Health District and shall be approved by the Seymour Fire Marshal and the Seymour Police Department, if required by town ordinance.

d)

Generators, if utilized, shall be maintained in good working order, and shall be shielded in a manner to effectively reduce noise levels emitted by their use.

e)

No permanent tent, dining table, or seating shall be permitted to be set up in conjunction with the mobile food service establishment.

f)

All temporary set-ups must be stored and secured at the end of each day.

g)

No additional signage shall be displayed other than that which is painted on or permanently affixed to the truck or trailer.

h)

The Mobile Food Truck/Cart shall be required to be in a location and in such a manner that vehicular access to any driveway, the view of drivers, or lawful movement of vehicles and pedestrians is not impeded and does not interfere with the activities of other businesses.

i)

Mobile Food Truck/Cart vendor is responsible to collect, store, and dispose of, without nuisance, all used containers, wrappings, and other disposables connected with the operation, and all other wastes or waste materials.

P3 — Approval of Site Plan by the Planning and Zoning Commission

P4 — All driveways shall meet the following standards:

a)

They shall be located at least two hundred fifty (250) feet from any signalized intersection.

b)

Not more than one (1) driveway shall be located on a parcel having one hundred fifty (150) feet of total road frontage or less.

c)

A two-way driveway shall have a curb radius of at least thirty (30) feet and a width of at least twenty-four (24) feet.

d)

A one-way driveway shall have curb radius of at least thirty (30) feet for right turns and at least five (5) foot radii on the opposite curb. The width shall be at least twenty (20) feet.

e)

Driveways shall intersect the street line at an angle of ninety degrees (90°). Driveways shall slope upwards from the gutter line on a straight slope of approximately two percent for at least twenty-five (25) feet.

P5 — Principal building shall be set back at least seventy-five (75) feet from any property line in a residential district. The driveway standards of P4 above shall apply.

P6 — Subject to the following conditions:

a)

The operation shall be fully automatic and conducted entirely within a building, fully enclosed.

b)

Ancillary uses such as vacuum cleaning services and gasoline sales may be permitted following a finding that such uses will not cause congestion. Gasoline sales require approval of location by the Zoning Board of Appeals.

c)

An on-site staking area shall be provided which provides space for a tandem line up of at least ten (10) vehicles.

d)

The entire use area shall be paved with a bituminous surface and provided with curbs to control run off. Grade shall be no more than five percent (5%) or less than two percent (2%). Surface runoff shall be directed to drains on the lot and shall not be permitted to flow onto adjacent streets or property.

e)

All wash and rinse waters shall be reclaimed by an automatic system. Detergents used shall be non-toxic. The method of disposing on any wastewater or residue shall be fully described and approved by either the Naugatuck Valley Health District or the Seymour Water Pollution Control Authority.

P14 — Land used for burial plots shall be underlain by soils that are characterized by the Soil Survey for New Haven County, CT. Prepared by the USDA Soil Conservation Service as moderately well drained to excessively drained and having a depth to water table of at least ten (10) feet. No burials shall be allowed within seventy-five (75) feet of any wetland or watercourse. Buildings shall be set back at least seventy-five (75) feet from any property line in a residential district. The internal roadway system shall have bituminous pavement and provided with storm drainage. Curb to curb width shall be at least twenty-four (24) feet for two-way traffic and at least fifteen (15) feet for one-way traffic.

P15 — Location is restricted to those portions of the C-2 District that contain heavy commercial land uses such as warehousing, contractors, automotive uses, and the like. This use is not allowed in those parts of the C-2 with mixed commercial/residential uses or where the predominant use is retail trade and personal services such as a shopping center. In the RC-3 District, location is restricted to an existing building that is or has been used for a commercial purpose.

P16 — Permitted as specified in Section 15.

P7 — Use is prohibited within the primary recharge area of any aquifer protection area. The use is permitted in other locations subject to the following conditions as well as other applicable provisions of these regulations:

a)

Manufacture, processing or storage of chemicals or other hazardous materials shall take place entirely within a building.

b)

No floor drains from areas where chemicals are used, manufactured, or stored shall be connected to dry wells or other subsurface leaching structures.

c)

Outdoor unprotected storage tanks, containers or drums containing chemicals, chemical waste or other hazardous substances are prohibited. Interior storage areas shall have an impervious floor as well as a spill containment area.

d)

Loading or transfer activities for hazardous chemicals or substances shall be conducted on an impervious surface that is roofed and protected by a dike.

P18 — Minimum lot size shall be thirty (30) acres. A new source permit from CT DEEP is required.

C7 — Operation is to be under the supervision of a Connecticut Certified Forester

C15 — Farming shall not include the commercially organized slaughtering of foul or livestock having no relationship to the farm itself, except for operations existing as of September 1, 1991. All buildings or structures for the keeping and feeding of livestock, and the open or covered storage of manure, fertilizer, lime, herbicides, pesticides and the like shall be at least one hundred (100) feet from any lot line or residential structure.

C16 — Includes nurseries, green houses, truck gardens and similar uses on a tract of at least three (3) acres, and the accessory sale of agricultural and aquaculture products grown and raised in Connecticut, meeting all mandatory "Connecticut Grown" Labeling Requirements and Identity Standards per Connecticut General Statutes § 22-38. Activities such as parking, display of products and the location of all accessory structures shall be located beyond the building setback lines.

P19 — Subject to the following conditions:

a)

There is a minimum area of ten (10) acres.

b)

A setback shall be 100 feet from a residential zoning district boundary or use.

c)

Vegetative Buffer. A landscaping buffer shall be provided around the perimeter of any portion of a solar facility that is visible from an adjacent residentially used property or a public street. Vegetative buffers shall allow for the best solar access practice based on lot size, topography, tree canopies with consideration of pollinators, wildlife environment and limiting reflections from photovoltaic panels onto neighboring properties and roadways. Plantings shall be of native species to the region.

d)

Fencing. A fence at least six feet high must be placed around the perimeter of the solar facility.

e)

The owner/operator of a solar facility must provide and maintain adequate access for emergency vehicles.

f)

A De-Commissioning Plan shall be required inclusive of the following: All solar panel equipment including photovoltaic (PV) modules, racking, wiring, and other components must be disposed of in accordance with the industry best management practices. The applicant in favor of the Town of Seymour shall provide a Decommissioning Bond. The bond shall be in an amount recommended by the Town Engineer and in a form acceptable to Town Counsel. The Planning and Zoning Commission shall be notified in writing 60 days prior to the owner's intent to decommission the facility. The decommissioning process shall be completed within 180 days after the end of the project's operational life.

C17 — Permitted as an accessory use only, serving the residents of the development or their guests.

C18 — Permitted in residential districts only as accessory to a non-profit organization and on the same parcel therewith. Permitted on any parcel in a commercial or industrial district, provided that no structure is erected within fifty (50) feet of any lot line. Duration shall be no longer than seven (7) days in any district.

C19 — Permitted as an accessory use.

C34 — Permitted by a Special Permit from the Zoning Commission subject to the following conditions:

a)

Said facility shall be located on a parcel of land containing a minimum of ten (10) acres.

b)

Any newly constructed buildings and structures associated with the facility, including parking areas shall be located a minimum distance of one hundred (100) feet to all property lines.

c)

The conversion of existing buildings or structures shall be permitted provided the original buildings or structures were constructed prior to (the effective date of this regulation) and said building or structure is located a minimum distance of fifty (50) feet from an abutting residentially zone property containing a single-family dwelling.

P8 — The following special requirements shall apply:

a)

Minimum lot area shall be fifty (50) acres for a nine (9)-hole course and one hundred (100) acres for an eighteen (18) hole-course.

b)

Club facilities such as restaurant and pro shop shall be at least two hundred (200) feet from any lot line in a residential district.

c)

There shall be no outdoor lighting on the course. Play shall be limited to daylight hours.

d)

Tees and greens shall be located at least fifty (50) feet from any property line in a residential district.

P9 — Minimum lot area shall be ten (10) acres. Buildings for the keeping of horses, riding stables, and the open or covered storage of manure shall be at least one hundred (100) feet from any lot line in a residential district.

P10 — Firearms ranges shall be indoors only.

P11 — As part of the Site Plan application, the applicant shall provide a detailed plan for any outdoor lighting that shows that there will be no annoyance to any residential property in the vicinity.

C20 — Garages and/or surface parking are allowed in all zoning districts as an accessory use. In residential districts, the number of vehicles parked on the premises shall bear a reasonable relationship to the number of occupants. The Zoning Enforcement Officer may use the motor vehicle assessment list as a basis for determining if an excessive number of vehicles are parked on the premises. The exterior storage of more than one (1) inoperable or unregistered motor vehicle, or parts of motor vehicles which collectively equal more than one (1) vehicle, is not considered as accessory to a dwelling and is not permitted. The Planning and Zoning Commission allows parking lots and garages as a principal use in any commercial or industrial district subject to Site Plan approval.

In the R-18 District, parking lots or garages on separate parcels are allowed as Special Permit uses, granted by the Planning and Zoning Commission if associated with a permitted use such as a church or funeral home. The parking or storage of commercial vehicles over sixteen thousand (16, 000) Gross Vehicle Weight like are not considered as accessory to a dwelling and is not permitted.

C21 — Public service facilities as described in Connecticut General Statutes § 16-235 are allowed subject to Site Plan approval by the Planning and Zoning Commission.

P12 — As defined in Section 3.

P17 — The distance between a tower and any property line shall be at least equal to the height of the tower. See definition of Communications Towers, Section 3.

C24 — The breeding of dogs for the purpose of show, sports or sale is allowed. No kennel, dog run, or other structure shall be allowed beyond the building setback lines. Not more than two (2) dogs shall be kept for breeding purposes if the parcel has an area of less than eighty thousand (80,000) square feet. The boarding or grooming of dogs not owned by residents of the premises is prohibited.

C25 — In general, the operation shall be limited to placement of individual orders, reception of the order by mail or courier service and delivery of the order to the final customer. The operation shall conform to the general definition of a home occupation.

C26 — The workshop of an artist or artisan engaged in painting, ceramics, woodworking, glass working, sculpture and the like is permitted.

C27 — Customary household pets are allowed in any dwelling unit. Livestock or fowl raised purely for profit are not considered as accessory to a dwelling and are allowed on a farm only. The keeping of a very limited number of livestock, fowl, rabbits or pigeons for personal use, enjoyment or consumption may be considered as accessory to a dwelling provided that such animals are kept in a sanitary and non-offensive manner, including noise, smell and such animals are located entirely on the property.

C28 — In such cases that the pool cannot conform to the Seymour Zoning Regulations, the Building Official may permit swimming pools in a required side or rear yard.

C34 — Ground Mounted Solar Systems in residential Zones no greater than ten (10) feet in height are treated as Accessory structures subject to Section 6.4 of these Regulations. Ground Mounted Solar Systems in residential Zones greater than ten (10) feet in height and those in Industrial Zones are subject to Section 5 Bulk Standards and a Site Plan approval from the Planning and Zoning Commission.

(Ord. of 7-10-25(1), eff. 9-1-25)