Somers City Zoning Code
ARTICLE VI
Use-Related Provisions
§ 214-6.1 Prohibited uses.
Notwithstanding any other provisions of these regulations, the following buildings, structures and uses are prohibited in all zoning districts:
A.
Hazardous materials/processes.
(1)
Disposal of hazardous materials or wastes.
(2)
Manufacture or production of hazardous materials or wastes, except as specifically authorized and approved by the Commission.
(3)
Use or storage of hazardous materials or wastes, except for:
(4)
Dry-cleaning establishments and similar uses using chemicals.
(5)
Furniture stripping establishments.
(6)
Hazardous waste dumps.
(7)
Commercial laboratories and commercial photographic developing and processing.
B.
Manufacturing/processing.
(1)
Commercial processing or incineration of animal and vegetable products: slaughterhouse; abattoir, meat packing, distillation of bones, offal or dead animals, rendering or dumping; stockyards; soap manufacturing; glue manufacturing; tanneries; refining and recovery of products from fish or animal refuse.
(2)
Manufacture or storage of explosives or nuclear products or their development or assembly.
(3)
Paper manufacturing.
(4)
Wool scouring and cleaning; cotton textile sizing, scouring, bleaching, dyeing and similar operations.
(5)
Paint and varnish manufacturing; and creosote and creosote products manufacturing.
(6)
Blast furnaces or smelting of copper, iron, lead, tin or zinc, drop forging or foundries or facilities for metal heat treatment, annealing, descaling or plating processes; metal finishing; heat treating; electroplating.
(7)
Manufacture of cement, lime, gypsum, plaster of paris, creosote, chlorine or carbolic, hydrochloric, nitric, picric or sulfuric acid.
(8)
Fertilizer manufacture, except in connection with the operation of a sewage disposal plant.
(9)
Plastics or rubber manufacture or paint or lacquer.
(10)
Petroleum gas manufacture and storage by other than a public utility, except that the storage for distributing purposes and the distribution of liquefied petroleum gas may be permitted by the Zoning Commission as a special use and provided that the standards established by the National Board of Fire Underwriters, NBFU Pamphlet 58 and 59, and applicable state laws, including revisions, are complied with. Nothing shall prevent the storage for use on the premises of liquefied petroleum gas when installed and used in accordance with applicable Connecticut state laws.
(11)
Coal or petroleum distillation or derivation of by-products.
(12)
Fiberglass manufacture.
C.
Other uses/activities.
(1)
Uses similar to any use or activity specifically listed in this Section 214-6.1 which are dangerous by reason of fire or explosion or injurious, noxious or detrimental to the neighborhood because of emission of dust, fumes, odor, smoke, wastes, noise, vibrations.
(2)
Trailer parks.
(3)
Private septage lagoon or any other pond or depression used for holding domestic wastes pumped from septic tanks.
(4)
Junkyards.
(5)
Motor vehicle salvage and processing.
(6)
Racetracks, animal and vehicular.
(7)
Amusement parks.
(8)
Nuclear power plants.
(9)
Burial of stumps.
(10)
Organizations in which compensation is charged for the privilege of hunting wild game on private property.
§ 214-6.2 Home occupation.
A.
Home office.
(1)
The use by the occupant(s) of a portion of the interior living space of a dwelling for a home-based office utilizing only customary office equipment, provided that:
B.
Minor home occupation.
(1)
A home occupation carried on entirely within the dwelling (i.e., not within a garage or outbuilding) by one or more residents thereof and utilizing only customary home equipment, provided that:
(a)
The use is clearly incidental and secondary to the use of the building for dwelling purposes.
(b)
Not more than 25% of the floor area of the building shall be used in the conduct of the home occupation.
(c)
No more than one nonresident is employed on the premises for that purpose.
(d)
No more than one commercial-type vehicle shall be used in connection with the minor home occupation.
(e)
The use does not change the residential character of the dwelling in any visible manner.
(f)
The use does not create objectionable noise, odor, vibrations or unsightly conditions noticeable off the premises.
(g)
The use does not create interference with radio and television reception in the vicinity.
(h)
The use does not create a health or safety hazard.
(i)
No retail sales are carried on at the premises.
(j)
No personal physical service of any kind is performed.
(k)
No external alterations or construction features not customarily found in a home are required.
(2)
Antique shops, barbershops and beauty shops shall not be permitted as minor home occupations.
(3)
A family day-care home (one to six persons) operated in accordance with state law shall be considered a minor home occupation.
C.
Tea room.
(1)
Where allowed by these regulations, the Commission may grant a special use permit for a tea room operated by the resident owner as an accessory use to the residential dwelling, provided that such use shall not occupy more than 25% of the total floor area of the building.
(2)
Such use may have up to two nonresident employees.
(3)
Adequate off-street parking shall be provided for the use and the Commission shall review the location and adequacy of the driveway for such use.
D.
Bed-and-breakfast.
(1)
Where allowed by these regulations, the Commission may grant a special use permit for a bed-and-breakfast, provided that:
(a)
The bed-and-breakfast shall be operated by the resident owner.
(b)
The bed-and-breakfast shall be located on a collector or arterial road as such roads are classified in the Plan of Conservation and Development.
(c)
Adequate off-street parking shall be provided on the premises.
(d)
The bed-and-breakfast establishment may have one nonresident employee.
(e)
As part of any approval, the Commission may establish reasonable conditions with respect to driveway location, screening, and/or other factors.
E.
Professional office.
(1)
Where allowed by these regulations, the Commission may grant a special use permit for a professional office, provided that:
(a)
The professional office shall be restricted to the resident owner.
(b)
The professional office shall be located on a collector or arterial road as such roads are classified in the Plan of Conservation and Development.
(c)
Adequate off-street parking shall be provided on the premises.
(d)
The professional office may have one nonresident employee, except that a medical doctor or dentist may have two nonresident employees.
(e)
The professional office shall not occupy more than 25% of the total floor area of the building.
(f)
As part of any approval, the Commission may establish reasonable conditions with respect to driveway location, screening, time limits, hours of use, and/or other factors.
F.
Group day-care home.
(1)
Where allowed by these regulations, the Commission may grant a special use permit for a group day-care home (seven to 12 persons) operated in accordance with state law.
(2)
The location of any driveway serving a group day-care home shall be subject to review and approval of the Zoning Commission.
§ 214-6.3 Horses and ponies.
A.
For pleasure.
(1)
The keeping of horses and/or ponies for personal pleasure is permitted in any zone subject to generally accepted agricultural practices and the following:
Number of Horses/Ponies | Minimum Lot Area Required (acres) |
|---|---|
1 | 2 |
2 | 3 |
3 | 4 |
4 or more | See Section 214-6.3B |
(2)
Buildings housing horses and/or ponies kept for personal pleasure shall be sited at least 100 feet from all property lines.
(3)
Any manure pile or area of concentrated storage of waste shall be in accordance with Section 214-3.3C(5)(d).
(4)
Corrals shall be at least 10 feet from property lines.
B.
For commercial purposes.
(1)
The Commission may permit the keeping of horses and/or ponies for breeding, boarding and/or instruction for commercial purposes in any zone as a special use permit subject to generally accepted agricultural practices and the following:
(2)
Buildings housing horses and/or ponies for commercial purposes shall be sited at least 200 feet from all property lines.
(3)
Any manure pile or area of concentrated storage of waste shall be in accordance with Section 214-3.3C(5)(d).
(4)
Corrals shall be at least 10 feet from property lines.
§ 214-6.4 Accessory apartments.
A.
Purpose.
This section of the regulations is intended to allow for the establishment of accessory apartments to help address the current and future housing needs of the community while protecting the public health, safety and welfare.B.
Standards.
(2)
The owner of the property shall reside on the premises and an affidavit shall be filed with the Zoning Enforcement Official upon request specifying that the property owner resides on the premises.
(3)
The principal dwelling unit and the accessory apartment shall be connected by an operable door on a common wall and shall not constitute a two-family dwelling as defined by the Connecticut State Building Code.
(4)
Water supply and sewage disposal shall be subject to the approval by the local Health Department.
(6)
The accessory apartment shall be a minimum 600 square feet of floor area but not more than 35% of the total floor area of the dwelling.
(7)
An accessory apartment shall not contain more than one bedroom.
(8)
A total minimum of three off-street parking spaces shall be provided: two spaces per principal dwelling and one space for the accessory apartment. Such parking shall be adequately drained and suitably screened from adjacent residences.
C.
Permit procedures.
(1)
Applications for a zoning permit and certificate of zoning compliance shall be reviewed by the Zoning Enforcement Official respectively and shall be accompanied by the following:
(a)
An affidavit of ownership signed by the owner of the premises;
(b)
An affidavit signed by the owner of the premises affirming the intent of an owner to occupy either the principal dwelling or accessory apartment;
(c)
A report prepared by and bearing the seal of a professional engineer verifying the adequacy of the sewage disposal and water supply systems for both dwelling units and approved by the local Health Department; and
(d)
Sufficient building drawings and/or clear photographs to show the exterior/interior building alterations proposed (a plot plan and floor plans will be required for building additions).
(2)
If subsequently requested by the Zoning Enforcement Official, the owner of the premises shall, for verification purposes, execute and provide a sworn affidavit to such Official stating that said premises is occupied by the owner or by his or her spouse.
§ 214-6.5 Age-restricted housing.
A.
Purpose.
It is the purpose of this section to make provision for addressing the housing needs of residents over the age of 55 as permitted under the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. and C.G.S. Section 46a-64b et seq. while conserving important natural site features and permanently preserving open space.B.
Occupancy and management.
(1)
An age-restricted housing (ARH) development as enabled by this section shall be comprised of dwelling units for occupants age 55 and older, who are generally able to maintain an independent lifestyle without the help of additional support services.
(2)
Units in an ARH development approved under this section shall, through deed restrictions or other acceptable covenant, be limited to:
(a)
At least one person who is 55 years of age or older.
(c)
A spouse of an occupant qualified under Subsection B(2)(a) above who has entered into a long-term care facility, except that such remaining spouse who remarries or cohabitates must meet all occupancy requirements.
(d)
A widow or widower of a former occupant qualified under Subsection B(2)(a) above, except that such remaining spouse who remarries or cohabitates must meet all occupancy requirements.
(e)
No more than three residents may occupy a dwelling unit.
(f)
One child 21 years of age or older may reside with his or her parent(s).
(3)
An owners' association shall be established, requiring membership of each lot or unit owner in the ARH development.
(4)
Any application for an ARH development shall include a proposed association agreement or covenant guaranteeing the continuing and permanent maintenance of water, sewage, recreational, infrastructure, and other facilities and maintenance of landscaping and buffering.
(5)
Such proposed association agreement shall be subject to the review and approval of Town Counsel and the Planning Commission as part of the permit and shall comply with the provisions of C.G.S. Section 47-200 et seq.
C.
Permitted uses.
The following uses shall be permitted in an ARH development:(1)
One-family detached dwelling units.
(2)
Two-family buildings.
(3)
Multiple dwelling units per building.
(4)
Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings.
(5)
Accessory uses customarily incidental and subordinate to the principal uses listed above (such as a home office), but expressly excluding any commercial or retail enterprises.
D.
Area, yard and bulk regulations.
Regulation | ARH | |
|---|---|---|
(1) | Maximum density (units per acre of buildable land) | As determined by the Planning Commission but not to exceed 4 units per buildable acre |
(2) | Minimum parcel area | 20 acres |
(3) | Minimum buildable area on parcel | 10 acres |
(4) | Minimum parcel frontage | 100 feet |
(5) | Minimum building setback at perimeter of parcel | 80 feet |
(6) | Maximum building height | 35 feet; 1.5 stories |
(7) | Maximum lot coverage | As determined by the Planning Commission |
(8) | Minimum perimeter landscaped buffer (shall be located within building setback requirement) | 30 feet |
E.
Utility, circulation and parking.
(1)
The ARH development shall be served by:
(2)
All utilities shall be placed underground.
(3)
Adequate exterior lighting in public areas shall be provided in accordance with Section 214-7.3 of these regulations and shall consider the unique needs of an older population.
(4)
Vehicular access to the ARH development shall be provided from an existing public right-of-way, dedicated and accepted by the Town or state, which in the opinion of the Planning Commission is adequate to service the proposed development.
(5)
As a matter of public safety, an alternate emergency access may be required.
(6)
(7)
There shall be an adequate, safe, and convenient arrangement of pedestrian circulation (such as sidewalks, pathways, and walkways), and site improvements shall avoid the use of individual wheel stops, exterior stairs, and raised curbing where the mobility or safety of an older population may be adversely affected. All exterior facilities shall comply with ADA requirements.
F.
Development design.
(1)
Building character. The design of the ARH development shall demonstrate an architecturally integrated development using common building materials, colors, exterior detailing, bulk, and/or rooflines while avoiding rigidity in design.
(2)
Building location. Building location and orientation shall reflect:
(3)
Bedroom limitation. The maximum number of bedrooms or rooms used primarily for sleeping purposes per dwelling unit shall be three.
(4)
Environmental preservation. In order to preserve and protect the environment, the design of the ARH development shall avoid major topographic change and destruction of significant natural site features, including removal of native trees and vegetation. Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design.
(5)
Landscaping/buffering.
(a)
A coordinated landscape design for the ARH development shall be submitted for approval by the Planning Commission.
(b)
Adequate buffering shall be provided and maintained in order to protect existing character and reduce visual intrusion into abutting properties. Additional buffering may be required in environmentally sensitive areas at the discretion of the Planning Commission. The Commission may modify or waive the buffering requirements where variations in topography, natural features, or compatible land uses negate the need for such a buffer.
(6)
Open space/recreation facilities.
(a)
At least 30% of the total buildable area of the ARH tract shall be designated as common open space with adequate shape, dimension, character, and location to assure its use for park, recreation, or conservation purposes by all the residents of the development. Land used for septic system(s) may be part of the open space calculation.
(b)
The common open space shall be owned in common and readily accessible to the owners and residents of all units in the development.
(c)
Any application for an ARH development shall include a perpetual restriction to be recorded in the Somers land records limiting any development on such common open space.
(d)
Such restriction shall be in such form and substance as the Planning Commission shall prescribe and may contain such additional restrictions on development and the use of common open space as the Commission may deem appropriate.
(7)
Project identification.
(a)
As a condition of its approval, the Planning Commission may permit a sign showing the project name to be permanently affixed at each entrance to the development. Each sign shall be of a size and design to be approved by the Planning Commission, provided that no such sign shall exceed 20 square feet in size. The design of the sign shall be compatible with the character of the development.
(b)
All streets shall be posted with standard street signs, and all street names shall be approved by the Fire Chief and Assessor.
(c)
Dwelling units shall be assigned street numbers by the Assessor's office.
G.
Application requirements.
(1)
In addition to the material required for a special use permit application in Section 214-9.4 of these regulations, the applicant shall submit:
(a)
A table describing the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area.
(b)
Architectural drawings of typical structures, including floor plans and elevations.
(c)
An architectural rendering of typical structures.
(d)
A traffic study of the area as it may be affected by the proposed development, including present and anticipated traffic counts, flow patterns, and capacity analysis of present and proposed intersections and entrances serving the development.
(e)
An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage as the proposed design relates to existing utilities to the Town.
(f)
A copy of the sewage disposal plans and application to the State Department of Health or Department of Energy and Environmental Protection.
(2)
Said application shall contain sufficient information so that the Planning Commission can determine the applicability of said application for the following items:
H.
Financial guaranty.
To ensure completion of roadways, drainage, landscaping, and other common improvements, no certificates of occupancy shall be issued for more than 80% of the units unless and until a financial guaranty has been provided or other adequate arrangements have been made to ensure completion of improvements integral to the satisfactory completion of the project as approved by the Zoning Commission.§ 214-6.6 Open space subdivisions.
A.
Purpose and intent.
(1)
Open space subdivisions are encouraged in Somers where they will:
(a)
Help preserve open space, farmland and farmland soils, and community character;
(b)
Result in residential development in harmony with natural resources and the natural capability of the land; and
(c)
Result in residential development that is sensitive to parcel characteristics and the surrounding area.
(2)
A preapplication review is strongly encouraged for an open space subdivision.
(3)
Definitions.
CONSERVATION SUBDIVISION — A development of residential lots laid out primarily on the basis of site characteristics where important resource areas are set aside for open space, wildlife habitat, agriculture, recreation, and/or community character and the layout of lots is typically a secondary consideration. | |
CONVENTIONAL SUBDIVISION — A development of residential lots laid out primarily on the basis of strict dimensional standards, such as lot area and/or frontage and where the provision of open space or conservation areas is typically a secondary consideration. | |
Conventional Subdivision  | Conservation Subdivision  |
B.
Overall design of development.
(1)
An application for an open space subdivision shall include a site inventory/analysis map prepared by a landscape architect, civil engineer, or surveyor licensed to practice in Connecticut unless determined by the Commission to be unnecessary for:
(2)
Such site inventory/analysis map shall identify:
(b)
Secondary conservation areas.
[1]
Prime farmland soils and farmland soils of statewide significance;
[2]
Existing farm fields and farm structures;
[3]
Areas within 100 feet of existing streets or roads;
[4]
Areas within 50 feet of a wetland or within 100 feet of a watercourse or vernal pool;
[5]
Five-hundred-year floodplain;
[6]
Ridgelines, scenic views and vistas from the public roadway(s);
[7]
Significant geologic formations (such as ledge or rock outcroppings);
[8]
Natural Diversity Database sites or wildlife corridors;
[9]
Identified historic structures or historic resources;
[10]
Notable individual trees (greater than 18 inches diameter) and/or mature woodlands;
[11]
Stone walls and/or farm hedgerows; and
[12]
Possible open space/trail connections between conservation areas on the site and adjacent protected and unprotected open space.
(3)
If the Commission is dissatisfied with the sufficiency of the plan submitted by the applicant, the Commission may engage a landscape architect, civil engineer, or surveyor licensed to practice in Connecticut to evaluate or augment the analysis. As authorized by C.G.S. Section 8-1c and in accordance with Town Code § 114-7 et seq, the applicant shall be charged for the cost of such services as a fee for processing the application.
(4)
The Commission may refer the open space subdivision plan to any department, agency or official it deems appropriate for review and comment.
C.
Development standards.
(1)
The overall layout plan for the open space subdivision shall reflect the site inventory/analysis map, and areas of the site which are considered primary conservation areas or secondary conservation areas shall be considered for permanent protection which may include preservation as open space deeded to the Town, a land trust or other conservation organization, or a homeowners' association if acceptable to the Commission.
(2)
No lot shall include any area designated as a primary conservation area or a secondary conservation area unless specifically authorized by the Commission.
(3)
Any lot created as part of an open space subdivision shall comply with the following requirements:
Standard | Requirement | |
|---|---|---|
Maximum density (lots per acre of buildable area on the parcel) | 0.70 | |
Minimum lot size | 25,000 square feet, provided that every lot shall comply with the Public Health Code | |
Minimum open space set-aside | 40% of the total area of the parcel | |
Minimum perimeter buffer (perimeter of open space subdivision parcel) | 25 feet | |
Minimum lot frontage | ||
• | On an existing public street | 175 feet |
• | On a new street constructed as part of the development | 100 feet |
Minimum front yard setback | ||
• | On an existing public street | 50 feet |
• | On a new street constructed as part of the development | 40 feet |
Minimum side yard setback | 15 feet | |
Minimum rear yard setback | 30 feet | |
Maximum lot coverage | 40% | |
Maximum building height | 2 1/2 stories | |
§ 214-6.7 Adaptive reuse.
A.
Purpose.
This section is intended to encourage the preservation, restoration and maintenance of existing residential buildings, related outbuildings, and properties of historical and/or architectural significance along state highways in Somers by allowing for alternative uses, where appropriate.B.
Standards.
The Commission may grant a special use permit for the adaptive reuse of existing residential buildings, related outbuildings, and properties of historical and/or architectural significance along Route 190 or Route 83 for business, professional or business enterprise purposes, including accessory dwelling units on upper floors, where the Commission finds, based on evidence submitted and its own deliberations, that:(1)
The structure has historical and/or architectural significance to Somers.
(2)
The property on which the structure is, or is to be, located shall have frontage on a state highway.
(3)
The nature and conduct of such use and any proposed improvements (such as parking areas) shall:
(4)
The nature of the proposed adaptive reuse (type of use, occupancy, hours of operation, traffic generation; building appearance) shall be compatible with the character of the area.
(5)
The adaptive reuse shall not result in a substantial departure from a residential use appearance or generate significantly higher traffic levels on a regular basis or conflict with the character of the area.
§ 214-6.8 Drive-through establishments.
A.
Food service drive-through.
(1)
The Commission may, by special use permit, allow a drive-through operation serving food or drink to patrons while in a motor vehicle subject to the following:
(a)
A single property may have only one such drive-through operation, and such establishment shall not occupy more than 25% of the total ground floor area of all buildings on the property.
(b)
The serving window shall not be located closer, measured horizontally, than 1,500 feet from the serving window of another food service drive-through establishment on another property.
(c)
No said use will be permitted within 450 feet of a residential zone measured horizontally from the service window to the nearest point of the residential property.
(d)
The serving window shall be located at the rear or side of the building arranged to harmonize with the character of the surrounding area.
(e)
There shall be only one serving window served by one vehicular service lane. Unless otherwise required by the Commission, the vehicular service queue lane shall be not less than 200 feet in length (measured from behind the vehicle at the service window) and located so as not to obstruct access to parking spaces, sidewalks and pedestrian access to the building.
(f)
Hours of operation shall be limited to between 5:00 a.m. and 11:00 p.m. unless waived or further limited by the Commission.
(g)
No outside audio system is permitted except for a central service ordering menu board.
(h)
Said use shall not create visibility problems for motorists or pedestrians and shall be located in such a manner as not to restrict access by emergency services to any portion of the building.
(i)
Outdoor seating limited to not more than 20 seats may be permitted as an accessory use. Outdoor seating areas are to be separated from traveled areas by walls, fences or landscaping.
(j)
Trash receptacles are to be located for the convenience of the patrons and are to be shown on the proposed site plan.
B.
Other drive-through establishment.
(1)
The Commission may, by special use permit, allow a drive-through operation for establishments such as banks, pharmacies, dry cleaners, and similar non-food or -beverage service-type businesses, subject to the following:
(a)
The serving window shall be located at the rear or side of the building arranged to harmonize with the character of the surrounding area.
(b)
Said use shall not create visibility problems for motorists or pedestrians and shall be located in such a manner as not to restrict access by emergency services to any portion of the building.
C.
Queueing spaces at a drive-through establishment.
(1)
All drive-through establishments shall provide a sufficient queueing space to meet the needs of persons who may reasonably be expected to use such buildings or structures or to make such uses of land.
(2)
(3)
The Commission reserves the right to require more queuing spaces based on information about similar facilities elsewhere.
(4)
Said vehicular service queue lane shall not block parking spaces, block other circulatory aisles, obstruct visibility for entrances or exits, or cross pedestrian walks or paths.
§ 214-6.9 Temporary uses.
A.
Temporary trailers.
(1)
The ZEO may issue a zoning permit for an office trailer, which may include facilities for a watchman, to service a construction project during the period from the issuance of a building permit to the issuance of the certificate of occupancy.
(2)
The Commission may issue a special use permit for the limited use of trailers or mobile homes for temporary uses other than for residential purposes which in the judgment of the Commission are warranted. The special use permit shall be valid for up to one year and may be renewed by the Zoning Enforcement Officer for up to an additional year, provided that all conditions are complied with.
B.
School bus shelters.
(1)
The Zoning Enforcement Officer may issue a zoning permit for a school bus shelter for one school year (August 15 to June 15) subject to the following:
(a)
Verification of the location for a school-approved bus stop.
(b)
Such shelter may be located within the required front yard setback but at least 30 feet from the pavement edge and shall not block the sight line from any intersection or driveway.
(c)
The shelter may not exceed 24 square feet in floor area, nor seven feet in ceiling height.
(d)
Certification of construction by the Building Inspector.
C.
Special events for nonprofit organizations.
(See Section 214-6.9D for special events for commercial operations.)(1)
Any church, school, civic association, volunteer fire department or other nonprofit organization may hold a fair, carnival, circus, athletic meet, sporting event or similar event, provided that:
(2)
The granting of a special use permit under this section does not supersede other permits which may be necessary (mass gathering, Traffic Authority, etc.). All required permits must be obtained and conditions met prior to the commencement of any event.
D.
Special events for commercial operations.
(See Section 214-6.9C for special events for nonprofit operations.)(1)
The Commission may issue a special use permit for auctions, food festivals, music jamborees and flea markets, provided that:
(2)
The granting of a special use permit under this section does not supersede other permits which may be necessary (mass gathering, Traffic Authority, etc.). All required permits must be obtained and conditions met prior to the commencement of any event.
(3)
Prior to issuance of a special use permit, the Commission shall find that the proposed activity will:
(4)
The Commission may establish conditions for any such special use permit to ensure appropriate operations, including but not limited to parking, hours of operation, type and size of signs and length of permit.
(5)
Term of permit; renewals.
(a)
Said special use permit shall be valid for one year, except that the Commission or the Zoning Enforcement Officer may, at the conclusion of the first year and upon written request by the operator, extend the validity for up to five years, provided that:
[1]
A renewal request is filed at least 90 days prior to the event and such request is accompanied by the special use permit application fee;
[2]
The Zoning Enforcement Officer has advised relevant municipal officials about the renewal request and received responses at least 60 days prior to the event;
[3]
The Zoning Enforcement Officer has advised the Zoning Commission about the renewal request and any responses from relevant municipal officials at least 60 days prior to the event; and
[4]
No objections have been raised to the extension of the validity by the Zoning Commission.
(b)
Subsequent renewals of one to five years each may be issued by the Zoning Enforcement Officer based on demonstrated compliance with these regulations, compliance with any conditions of approval, and overall management of the event over time.
(6)
Any material change in the nature of the event or any objections raised by the Zoning Commission shall cause a new special use permit to be required.
§ 214-6.10 Public utility uses.
A.
Public utility lines, substations and buildings may be permitted in any zone by special use permit, provided that:
(1)
Any transmission line shall be located, configured (right-of-way), designed, and constructed to prevent hazard to the public and surrounding property.
(2)
Natural gas booster stations shall be located on a site at least one acre in area and having no dimension less than 100 feet.
(3)
A utility substation shall:
(a)
Be located on a lot at least 10,000 square feet in area.
(b)
Have suitable fencing to protect the public and adequate landscaping to effectively screen the substation from surrounding property.
(c)
Comply with the yard setbacks of the district in which the substation is located.
(d)
Have at least two off-street parking spaces.
B.
Minor structures, such as hydrants, telephone or light poles or similar equipment, shall not be subject to these regulations.
§ 214-6.11 Alcoholic beverages.
Sale of alcoholic beverages, subject to State Liquor Commission control and restrictions, may be permitted by the Zoning Commission by special use permit in accordance with the following:
A.
Restaurant permit. Alcoholic drink shall not be served in any restaurant, except as an accessory use to the primary function of serving food and operating under a restaurant liquor permit as provided in C.G.S. Section 30-22a, as amended.
B.
Retail sale. No building or premises shall be used for the purpose of sale or exchange of alcoholic liquors at retail if the main entrance to that part of the building subject to licensing is within 750 feet of a church or public school or another establishment having a liquor control permit.
C.
On-premises consumption. An establishment allowing only on-premises consumption of beer, wine and cider not exceeding 6% liquor by volume shall be located at least 100 feet from a church or public school.
D.
Grocery. Grocery stores with beer and wine permits shall be considered or regarded as a package store outlet.
E.
Bottling/storage. Except as limited above, the bottling and wholesale sale and storage of alcoholic liquors is permitted in the Industrial District, without limitation of distance from any liquor outlet.
F.
Residential districts. Provided that the main entrance to that part of the building subject to licensing is more than 750 feet from a church or public school or another establishment having a liquor control permit, the sale of alcoholic liquors for consumption on the premises is permitted in residential districts as follows:
G.
Golf course or golf center. At a public golf course or golf center under a restaurant permit, a restaurant permit for beer only, a restaurant permit for beer and wine only or a cafe permit, as defined in the Connecticut General Statutes.
§ 214-6.12 Farm brewery/farm winery/farm distillery.
A.
Purpose.
This section is intended to establish standards relative to a farm brewery, farm winery, and/or farm distillery as an accessory use to a farm in order to allow for diversity and sustainability of agricultural uses and to preserve farm activity.B.
Standards.
(1)
Uses permitted. A farm winery, farm brewery, or farm distillery shall be allowed as an accessory use to a farm, provided that:
(a)
A farm winery shall be accessory to a farm producing wine and brandies distilled from grape products or other fruit products used for the production of wine or brandies in accordance with a manufacturer's permit for a farm winery as provided by C.G.S. Section 30-16(c).
(b)
A farm brewery shall be accessory to the growing of beer ingredient(s), and such ingredient(s) shall be used for the production of beer.
(c)
A farm distillery shall be accessory to the growing of the principal ingredient used for the production of distilled spirits.
(2)
Curtailments. For a farm winery, farm brewery, or farm distillery, the Commission hereby specifically curtails (as authorized in C.G.S. Section 30-16) the offering of free samples and/or direct sale of wine, beer, and/or distilled beverages for consumption on or off the premises:
(a)
Outside the hours of 10:00 a.m. to 6:00 p.m. from Sunday to Wednesday and from 10:00 a.m. to 8:00 p.m. on Thursday, Friday, and Saturday; and
(b)
Without approval of a special permit by the Commission for the offering of free samples and/or direct sale of wine, beer, and/or distilled beverages for consumption on or off the premises at the farm winery, farm brewery, or farm distillery.
§ 214-6.13 Wood-burning furnaces.
A.
Outdoor wood-burning furnaces (OWBF) may be permitted by the Zoning Commission by special use permit, provided that the OWBF shall:
(1)
Operate only on wood that has not been chemically treated;
(2)
Be located at least 200 feet, measured in a straight line, from the nearest residence not being served by the unit; and
(3)
In addition, the OWBF shall have a chimney height that exceeds the height of the roof peaks of residences located within 500 feet of the OWBF, measured in a straight line, provided that the chimney height is not more than 55 feet. Unless the applicant can demonstrate that the OWBF will be located at least 500 feet from any property line, the applicant shall submit a map drawn by a licensed land surveyor showing vertical and horizontal measurements to all residences within the 500-foot radius to demonstrate compliance with C.G.S. Section 22a-174k.
B.
Operation of any OWBF shall be prohibited from April 15 to October 15, except that the Commission may extend the operational use of an OWBF if an applicant can demonstrate the OWBF use is for an agricultural operation or for farm use.
§ 214-6.14 Mixed-proximate residential.
[Added 1-6-2025, effective 1-27-2025]
A.
Purpose. Mixed-proximate residential is an innovative use aimed at providing opportunities for residential housing proximate to existing commercial development. The mixed-proximate development approach, allowing residential housing development abutting commercial development, seeks to create the same benefits as mixed-use development, where commercial and residential uses are provided on the same site and contained within the same buildings. The mixed-proximate housing recognizes the symbiotic relationship between commercial and residential development, and that certain existing commercial development sites may not be suitable for traditional mixed-use but are suitable for mixed-proximate residential use.
B.
Procedure. After a public hearing, the Zoning Commission may grant a special use permit for the mixed-proximate development of semi-detached housing units.
C. MIXED-PROXIMATE RESIDENTIAL SEMI-DETACHED HOUSING:
Definitions. As used in this article, the following terms shall have the meanings indicated:
A residential housing development on a lot that abuts and shares access with an existing commercial development of at least 50,000 square feet of commercial space.
Semi-detached housing units are single-family dwelling units that share walls or other structural elements with other units. No more than five units can be attached or connected.
D.
Application. The applicant shall submit a written application on the prescribed form in accordance with § 214-9.4, Special use permit application.
E.
Dimensional requirements. Mixed-proximate semi-detached housing shall comply with § 214-4.5, Area ,yard and bulk regulations, for the Village Business District. However, the following dimensional requirements shall supersede the requirements of § 214-4.5:
(1)
Minimum lot area: 100,000 square feet.
(2)
Minimum lot frontage. When access is provided through the abutting commercial development, no lot frontage is required.
(3)
Setbacks, principal buildings: 20 feet from all property lines and 10 feet from the property line abutting the commercial lot providing access. These setbacks shall not apply to patios and decks.
F.
Density regulations. The maximum number of dwelling units permitted shall be eight units per acre.
H.
Community association. The parcel of land and associated housing units shall be legally incorporated as a Common Interest community in accordance with Connecticut General Statutes § 47-200 et seq., and such agreement shall be subject to the review and approval of Town Counsel and the zoning as part of the permit and shall comply with the provisions of Connecticut General Statutes § 47-200 et seq.
I.
Project identification. As a condition of its approval, the Zoning Commission may permit a sign showing the project name to be permanently affixed at the entrance to the commercial development providing access and at the entry to the residential development from the abutting commercial parcel Each sign shall be of a size and design to be approved by the Zoning Commission, provided that no such sign shall exceed 20 square feet in size. The design of the sign shall be compatible with the character of the development.