Somers City Zoning Code
ARTICLE IX
Procedures
§ 214-9.1 Staff procedures.
A.
Zoning permit.
(1)
A zoning permit shall be required from the Zoning Enforcement Officer whenever:
(a)
A building, structure or part thereof will be constructed, reconstructed, altered, extended, enlarged, moved, or occupied; or
(b)
A building permit will be issued, unless the Zoning Enforcement Officer determines that a zoning permit is not required; or
(c)
A nonconforming use will be altered, changed, intensified or extended after the date of adoption of these regulations; or
(d)
Land will be developed; or
(e)
These regulations provide that a zoning permit is required.
(2)
In a Village District, notification of the Village District Consultant may be required in accordance with the requirements of Section 214-9.8N.
(3)
No zoning permit shall be issued for any building, structure or land use unless the lot for which the permit is sought complies with the frontage requirements stated in these regulations and has the required frontage on:
(4)
Pursuant to C.G.S. Section 8-3(f), no building permit shall be issued until a zoning permit has been issued.
(5)
Application for such permit shall be made on the form provided by the Zoning Enforcement Officer and shall be accompanied by plans and/or other information that complies with the requirements in the Appendix of these regulations.[1]
[1]
Editor's Note: Checklists for various applications are included as attachments to this chapter.
(6)
A zoning permit shall be issued when the Zoning Enforcement Officer has determined that the activities proposed are in conformance with these regulations and/or any approval or special use permit approved by the Zoning Commission and/or any variance granted by the Zoning Board of Appeals.
(7)
Location verification.
(a)
After a foundation has been completed and prior to any additional construction thereon, the Zoning Enforcement Officer may require the submission of a certified plot plan drawn by a land surveyor currently licensed to practice in Connecticut showing the exact location of the foundation on the site.
(b)
If an as-built drawing has been required, no building or structure shall thereafter be constructed above the foundation walls until the certified survey has been approved by the Zoning Enforcement Officer or the Commission as complying with the zoning permit and all applicable provisions of the Zoning Regulations.
(8)
In accordance with C.G.S. Section 8-3(f), the recipient of a zoning permit may publish notice of issuance of the zoning permit in a newspaper with substantial circulation in Somers in order to establish the appeal period per C.G.S. Section 8-7. Any such notice to be published by the recipient shall contain:
(9)
Any zoning permit issued under these regulations shall expire 12 months from the date of issuance unless:
(a)
A valid building permit for the use, construction and site development authorized by the zoning permit is in effect; or
(b)
The Zoning Enforcement Officer renews the zoning permit for periods not to exceed 12 months, when the building and/or site development authorized by the zoning permit is in conformity with these regulations and any amendments made subsequent to the date of original issuance of the zoning permit.
(10)
In the event that any zoning permit is issued based on incorrect information or the specific conditions of approval are not strictly adhered to, such zoning permit shall be null and void.
B.
Certificate of zoning compliance.
(1)
A certificate of zoning compliance issued by the Zoning Enforcement Officer shall be required before any land is occupied or used or any structure constructed is occupied or used for any purpose.
(2)
Until the Zoning Enforcement Officer has issued a certificate of zoning compliance which certifies conformance of the building, structure or use with these regulations or with a variance granted by the Zoning Board of Appeals or that the building, structure or use is a valid nonconforming building, structure or use under these regulations:
(3)
Pursuant to C.G.S. Section 8-3(f), no certificate of occupancy shall be issued until a certificate of zoning compliance has been issued.
(4)
In the case of new construction, the Zoning Enforcement Officer may require submission of a certified plot plan drawn by a land surveyor currently licensed to practice in Connecticut showing the exact location of the improvements on the site prior to the issuance of a certificate of zoning compliance. In the event of substantial deviations from any plan approved by the Commission, the Zoning Enforcement Officer shall submit such as-built drawings to the Commission for its determination of acceptance or need for plan amendment.
(5)
Before issuing such certificate of zoning compliance, the Zoning Enforcement Officer may require a written certification from an architect and/or an engineer properly licensed by the State of Connecticut that the building, structure or use as developed or established fully conforms to the provisions of any zoning permit, special use permit or final site plan.
(6)
No permanent certificate of zoning compliance shall be issued until all documents required under the zoning permit or special use permit which grant easements or other rights to the Town of Somers have been recorded in the Somers land records and/or filed with the appropriate agencies and proof thereof has been submitted to the Commission.
(7)
If the site improvements cannot be completed because of weather or for other pertinent reasons, a conditional certificate of zoning compliance may be issued by the Zoning Enforcement Officer for a period not to exceed 180 days, provided that a financial guaranty shall be posted in an amount sufficient to cover the cost of completing the remaining site improvements. Upon satisfactory completion of the remaining site improvements and the written request of the applicant, the Zoning Enforcement Officer and/or the Commission shall then release the financial guaranty.
(8)
In accordance with C.G.S. Section 8-3(f), the recipient of a certificate of zoning compliance may publish notice of issuance of the zoning permit in a newspaper with substantial circulation in Somers in order to establish the appeal period per C.G.S. Section 8-7. Any such notice to be published by the recipient shall contain:
(a)
A sufficient description of the approved building, use or structure and its location to comply with the notice requirements of Connecticut law;
(b)
The identity of the applicant; and
(c)
A statement that an aggrieved person may appeal to the Zoning Board of Appeals in accordance with the provisions of C.G.S. Section 8-7.
(9)
In the event that any certificate of zoning compliance is issued based on incorrect information or the specific conditions of approval are not strictly adhered to, such certificate of zoning compliance shall be null and void.
§ 214-9.2 Preapplication reviews (staff/Zoning Commission).
A.
Preapplication review by staff.
(1)
Prior to the submission of an official application, it is recommended that the applicant meet with appropriate Town staff to discuss the proposed application in order to:
(2)
This meeting is recommended in order to facilitate consideration of factors that may be associated with a particular proposal before the applicant proceeds with preparation of detailed maps, plans and documents required for formal consideration.
(3)
Neither the preapplication plan nor the informal consideration by Town staff (such as the Zoning Enforcement Officer or the Town Engineer) shall be deemed to constitute any portion of the official and formal procedure of applying for any approval as contemplated herein or under the provision of the Connecticut General Statutes.
B.
Preapplication review by Commission.
(1)
Any potential applicant may request the opportunity to place such proposal on the agenda of a regular or special meeting of the Commission for the purpose of presenting preliminary plans or concepts and receiving preliminary comments, observations, questions, or areas of concern.
(2)
For larger or more complex applications, it is recommended that the applicant present a preapplication plan for informal consideration by the Commission prior to the submission of an official application in order to:
(a)
Facilitate consideration of factors that may be associated with a particular proposal before the applicant proceeds with preparation of materials required for formal consideration by the Commission; and/or
(3)
Such preapplication submission shall, at a minimum, include the following:
(4)
The preapplication materials shall be submitted to the Zoning Enforcement Officer for scheduling on a future Commission agenda.
(5)
In accordance with C.G.S. Section 7-159b, neither the proponent nor the Commission shall be in any way bound by statements made in such informal discussions, their purpose being only to minimize delay, expense and inconvenience to the public, the proponent, and the Commission upon the future receipt, if any, of a formal application.
(6)
Neither the preapplication plan nor the informal consideration by the Commission shall be deemed to constitute any portion of the official and formal procedure of applying for any approval as contemplated herein or under the provision of the Connecticut General Statutes.
(7)
While the meeting and optional preapplication plan should benefit any formal application, neither the applicant nor the Commission shall be bound by any statement made during such informal review, nor shall the statement of any Commission member be deemed to be an indication of prejudgment or prejudice, it being acknowledged by the applicant that the Commission response like the request itself is preliminary and subject to further refinement.
(8)
Following any informal discussion, the Commission may suggest that the proposal, or certain aspects thereof, be referred to other municipal, state, or federal agencies for review and comment, or may suggest that additional information is or will be required prior to action on a formal application.
§ 214-9.3 Site plan application.
A.
Purpose.
(1)
The purpose of a site plan application is to enable a detailed review of all proposed development for which such approval shall be specified in order to ensure compliance with these regulations and promote the health, safety, and general welfare of the community.
(2)
A site plan submitted with a special use permit is an integral part of the special use permit application and shall not be considered a site plan application pursuant to C.G.S. 8-3 but must include, unless otherwise provided by the regulations, the information required to be included with a site plan application.
B.
Application requirements.
(1)
A site plan application shall be submitted to the Zoning Enforcement Officer for any activity designated in the regulations as requiring such approval, and no building, structure, parking lot, sign or outdoor use of land, except those designated as a permitted use in a district, shall be established, used, constructed, enlarged, modified or moved until a site plan application meeting the requirements of this section has been submitted and approved by the Zoning Commission.
(2)
A site plan application shall be accompanied by an adequate number of each of the following:
(a)
Full-size (24 inches by 36 inches) sets of detailed plans, signed and sealed by an appropriate professional, for review by the Commission and its designees that comply with Appendix D to these regulations;[1]
[1]
Editor's Note: Checklists for various applications, including the checklist for site plan applications, are included as attachments to this chapter.
(b)
Reduced size (11 inches by 17 inches) set of the same materials; and
(c)
Electronic set of the same materials in PDF format.
(3)
The application shall be accompanied by a fee, as provided in the fee schedule of the Town.
(4)
In accordance with the Appendix to these regulations, the Commission may require the submission of additional information as deemed necessary to make a reasonable review of the application.[2]
[2]
Editor's Note: Checklists for various applications, including the Checklist for Site Plan Applications, are included as attachments to this chapter.
(5)
If a site plan application involves an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Conservation Commission not later than the day such site plan application is filed with the Commission.
C.
Proceedings.
(1)
The date of receipt for the site plan application shall be determined in accordance with Section 214-9.8B.
(3)
For new construction or other activity considered to be significant in the sole judgment of the Commission, the Commission may hold a public hearing on the application, and when such hearing is to be held:
(a)
Legal notice of such public hearing shall published in accordance with Section 214-9.8F at the cost of the Commission;
(b)
A sign (which shall be obtained from the Zoning Enforcement Officer) shall be posted and maintained in a logical and prominent place on each street frontage of the property during the ten-day period before the public hearing; and
(4)
Notification to adjoining municipalities may be required in accordance with the requirements of Section 214-9.8H.
(5)
Notification to water companies may be required in accordance with the requirements of Section 214-9.8I.
(6)
In a Village District, notification of the Village District Consultant may be required in accordance with the requirements of Section 214-9.8N.
(7)
The Commission may require the applicant provide proof of a written inquiry to the Connecticut Office of State Archeology regarding the potential archeological significance of the property.
(8)
Whenever approval of a site plan application is the only approval required, a decision on the application shall be rendered within 65 days after the date of receipt of such site plan application, regardless of whether a public hearing is held, except that the applicant may consent to one or more extensions of such period, provided that the total period of any such extension or extensions shall not exceed 65 days.
(9)
Notwithstanding the provisions of this section, if an application involves an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Conservation Commission, the time period for a decision shall be extended to 35 days after the decision of such agency.
(10)
The applicant may withdraw such application at any time prior to action by the Commission.
D.
Decision considerations.
(1)
On a site plan application involving an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, the Commission shall give due consideration to any report of the Conservation Commission when making its decision.
(3)
A site plan application shall be evaluated by the Commission under the requirements of these regulations listed within this section.
(4)
The Commission may request reports on the application from Town departments and/or any other agency deemed appropriate by the Commission.
(5)
In reviewing a site plan application, the Commission shall consider the following:
(a)
The application shall contain all information required by this section.
(b)
The information shall have been prepared by persons possessing the necessary expertise to prepare it.
(c)
Information shall be presented with adequate clarity to permit the Commission to understand it and determine compliance.
(d)
The presentation of a complete application, as described herein, is the obligation of the applicant, and failure to meet these criteria shall be grounds for denial without prejudice to future applications.
(e)
The application shall conform in all respects to the requirements in these regulations that may apply, unless a certified copy of a variance from any such provision is submitted with the application, or the Zoning Enforcement Officer has issued a finding that the nonconformance is a legal, preexisting nonconformity in accordance with these regulations.
(6)
Upon review of the application and determination of compliance with these regulations, the Commission may approve, modify and approve, or disapprove the application. If the Commission determines that the application is incomplete, the same may be denied without prejudice to any future complete application.
(7)
In approving a site plan application, the Commission may:
(a)
Impose modifications deemed necessary to ensure compliance with these regulations as well as protect the public health, safety, welfare, convenience, and property values.
(b)
Impose stipulations and/or conditions of approval as it may deem necessary and desirable, and such conditions may specifically include hours of operation, restrictions on days of the week, and similar restrictions as to time.
(c)
Where appropriate (e.g. for nonstructural uses, such as tag sales, outdoor events, and the like), the Commission may approve a site plan application which is temporary and will be effective only commencing on, or terminating on, specified dates.
(8)
In accordance with C.G.S. Section 8-3(g), the Commission may require that a financial guaranty be posted before any permits are issued for the activities shown on the approved plan, in an amount and form acceptable to the Commission, to ensure:
(a)
The timely and adequate completion of any site improvements that will be conveyed to or controlled by the municipality;
(b)
The implementation of any erosion and sediment controls required during construction activities; and/or
(c)
The maintenance of pavement areas, retention or detention basins or other improvements approved with such site plan for up to one year after the date on which such improvements have been completed to the reasonable satisfaction of the Commission or its agent or acceptance by the Town.
E.
Action documentation.
(1)
The Commission shall, whenever it grants or denies a site plan application, state upon its record the reason(s) for its decision.
(2)
The Commission shall send, by certified mail, a copy of any decision to the applicant within 15 days after such decision is rendered.
(3)
The Commission shall cause notice of the approval or denial of site plans to be published in a newspaper having a general circulation in the community within 15 days after such decision is rendered.
(4)
In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within 10 days thereafter.
F.
Following approval.
(1)
When an approval has been granted by the Commission, the applicant shall, within 60 days after approval, submit final plans on which all modifications imposed by the Commission as part of the approval have been clearly indicated and noted in the revision block for signature by the Chairman of the Commission as follows:
(2)
Following signature by the Chairman, the Zoning Enforcement Officer shall be authorized to issue a zoning permit as described in Section 214-9.1 for work to commence. No development shall be permitted except in conformity with the approved plan. All site improvements, including all modifications required by the Zoning Commission, shall be installed to the satisfaction of the Commission or its agent, before final approval is given and a certificate of zoning compliance issued.
(3)
Minor changes.
(a)
The Zoning Enforcement Officer shall have the authority to approve minor changes to an approved site plan application if such changes do not alter the character, quality, density, intensity, types of uses, amenities or other major features of the site plan application as approved, and such changes are in conformity to the requirements of these regulations.
(b)
Any such change shall be reported to the Commission and shall be reflected on an amended site plan or as-built plan.
(c)
If the Zoning Commission determines that changes in the site plan application, or any change of use within a building or structure or on a lot, may alter overall character, quality, density, intensity, uses, amenities, traffic generation, parking facilities or other major features of the site plan application as approved, said modification shall require a new application.
(4)
In accordance with C.G.S. Section 8-3(g), no certificate of occupancy shall be issued before a required financial guaranty is posted and/or the approved site improvements are completed to the reasonable satisfaction of the Commission or the Zoning Enforcement Officer.
(5)
If an as-built plan is required by the Zoning Enforcement Officer, no certificate of zoning compliance shall be issued until such as-built plan has been submitted and found acceptable.
G.
Expiration and completion.
(1)
Unless otherwise provided by state law, all work in connection with a site plan shall be completed within five years after the approval of the plan, and failure to complete all work within such five-year period shall result in automatic expiration of the approval of such site plan unless the Commission shall have granted an extension of the time to complete work in connection with such site plan.
(2)
Unless otherwise provided by state law, the Commission may grant one or more extensions of the time to complete all or part of the work in connection with the site plan, provided that the total extension or extensions shall not exceed 10 years from the date such site plan is approved.
(3)
The Commission may condition the approval of such extension on a determination of the adequacy of the financial guaranty.
§ 214-9.4 Special use permit application.
A.
Purpose.
(1)
The purpose of a special use permit application is to review the appropriateness of certain uses or activities in a specific location or configuration in order to evaluate overall impacts of the specific application, ensure compliance with these regulations, and promote the health, safety, and general welfare of the community.
(2)
It is recognized that there are certain uses which because of their unique characteristics cannot be distinctly classified or regulated so as to be uniformly permitted in a particular zoning district without careful consideration in each case of the impact of such uses upon neighboring uses and the surrounding area. In addition, there shall be careful evaluation of the public need for such uses in the particular locations proposed. Such uses, therefore, shall be treated individually through the use of special use permits.
B.
Application requirements.
(1)
A special use permit application shall be submitted for any activity designated in the regulations as requiring approval of a special use permit.
(2)
Each application for a special use permit shall be accompanied by appropriate plans and drawings, unless expressly waived by the Commission or in writing by the Zoning Enforcement Officer. If a site plan is required, such site plan shall include the information required for a site plan application and shall be considered as integral to the special use permit application.
(3)
An adequate number of copies of the special use permit application shall be made in the form prescribed by the Commission, and shall include the following information:
(a)
A detailed statement describing the existing and proposed use or uses;
(b)
A detailed statement describing how the special use permit criteria in Section 214-9.4E are addressed; and
(c)
Any approval from any local, regional, state, or federal agency or department having jurisdiction over any aspect of the application; and
(4)
All special use permit applications shall be accompanied by a fee, as provided in the fee schedule of the Town, to cover the cost of administration.
(5)
The Commission may require the submission of additional information as deemed necessary to make a reasonable review of the application.
(6)
If a special use permit application involves an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Conservation Commission not later than the day such special use permit application is filed with the Commission.
(7)
The Commission shall not be required to hear the same special use permit application, or substantially the same special use permit application for a period of 12 months after a decision by the Commission or by a court on an earlier such application.
C.
Proceedings.
(1)
The date of receipt of the special use permit application shall be determined in accordance with Section 214-9.8B.
(2)
An incomplete special use permit application shall be denied in accordance with Section 214-9.8C.
(3)
The Commission shall hold a public hearing on the special use permit application and:
(b)
Require that the applicant post and maintain a sign (which shall be obtained from the Zoning Enforcement Officer) in a logical and prominent place on each street frontage of the property during the ten-day period before the public hearing; and
(4)
Prior to the date assigned for a public hearing, the Commission may refer any application for a special use permit to the Planning Commission for a report.
(5)
Prior to the scheduled meeting regarding the application, the applicant shall submit the following to the Zoning Enforcement Officer or the application shall be considered incomplete:
(6)
Notification to adjoining municipalities may be required in accordance with the requirements of Section 214-9.8H.
(7)
Notification to water companies may be required in accordance with the requirements of Section 214-9.8I.
(8)
In a Village District, notification of the Village District Consultant may be required in accordance with the requirements of Section 14-9.8N.
(9)
The Commission shall process the special use permit application within the period of time permitted under C.G.S. Section 8-7d.
(a)
The public hearing shall commence within 65 days after receipt of the application.
(b)
The public hearing shall be completed within 35 days after such hearing commences.
(c)
All decisions shall be rendered within 65 days after completion of such hearing.
(d)
The applicant may consent to one or more extensions of any period specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days.
(10)
Notwithstanding the provisions of this section, if an application involves an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Conservation Commission, the time period for a decision shall be extended to 35 days after the decision of such agency.
(11)
The applicant may, at any time prior to action by the Commission, withdraw such application.
(12)
It is the responsibility of the applicant to provide plans and reports which describe the proposed development's conformance with the requirements of these regulations, including all of the information in this section.
D.
Decision considerations.
(1)
On a special use permit application involving an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, the Commission shall:
(2)
On a special use permit application, the Commission shall give due consideration to any report received from the Planning Commission.
(4)
Before the Commission approves a special use permit application, it shall determine that the application:
(a)
Is in conformance with the applicable provisions of these regulations;
(b)
Has, in the sole discretion of the Commission, satisfied the special use permit criteria in Section 214-9.4E; and
(c)
Is in harmony with the purposes and intent of these regulations and the currently adopted Plan of Conservation and Development.
(5)
Before granting a special use permit, the Commission shall determine that any accompanying plans are in conformance with the applicable provisions of these regulations including the requirement that any site plan that is part of the special use permit application be in conformance with Section 214-9.3 of these regulations.
(6)
In granting a special use permit, the Commission may:
(a)
Stipulate such conditions as are reasonable and necessary to protect or promote the public health, safety or welfare; property values; the environment; sound planning and zoning principles; improved land use, site planning and land development; or better overall neighborhood compatibility.
(b)
Impose additional requirements, conditions or safeguards as a prerequisite to the issuance of the certificate of zoning compliance by the Zoning Enforcement Officer, if it shall be found necessary in order that the spirit of these regulations may be observed, public safety and welfare secured or substantial justice done.
(c)
Set time limits on the special use permit and/or require periodic renewal of the special use permit without a public hearing. In the event an appeal is taken from the Commission approval of a special use permit, then the time period shall commence on the date of final disposition of such litigation. An expired special use permit shall be considered null and void.
(7)
Where the Commission finds or has reason to believe that circumstances or conditions upon which a special use permit is warranted may change over time, the Commission may limit the time during which the special use permit shall remain valid and may cause the review and substantiation of the justifying circumstances or conditions at periodic intervals or when occupancy or tenancy of the premises changes.
(8)
Whenever the Commission acts upon a special use permit, it shall state upon its records the reason for its decision.
E.
Special use permit considerations.
(1) | Compliance with the Zoning Regulations: whether the Commission finds that the proposed use and the arrangements of proposed buildings, structures, facilities and other site improvements will comply with all applicable provisions of these Zoning Regulations. | |
(2) | POCD consistency: whether the Commission finds that the proposed use of the subject site will be consistent with the Plan of Conservation and Development for the Town of Somers. | |
(3) | Orderly development: | |
Whether the Commission finds that the location, type, character, size, and intensity of the use and of any building or other structure in connection therewith will be in harmony with the appropriate and orderly development of the Town and the neighborhood and will not hinder or discourage the appropriate development and use of adjacent property. | ||
Whether the Commission finds that the design, layout and operation of the proposed buildings, structures or uses will be compatible with nearby properties and/or have negative impacts on the enjoyment, usefulness and value of nearby property. | ||
(4) | Appropriate location: whether the Commission finds that the proposed use will be appropriate for the location proposed and whether the size and height and intensity of all proposed buildings and activities and the extent of all proposed site improvements will reasonably harmonize with the character of the neighborhood in which such use is to be established with consideration of: | |
(a) | The degree of care and attention taken to protect the adjacent area; and | |
(b) | The public purpose to be served by the proposed facility; and | |
(c) | The balance between such public purpose and any adverse impact to the adjacent area and the impact on the general welfare of the community. | |
(5) | Public safety: whether the Commission finds that there will be adequate provision for the purpose of fire protection, police protection and emergency equipment after considering the nature and location of the proposed use and of any building or other structure in connection therewith. | |
(6) | Traffic congestion: whether the Commission finds that the streets serving the proposed use will be adequate to carry the proposed traffic and whether adequate provision will be made for entering and leaving the site in such a manner that no undue hazard to vehicular and/or pedestrian traffic or undue traffic congestion shall be created. | |
(7) | Protection of important resources. | |
Whether the Commission finds that the proposed development adequately protects important natural resources and community resources. | ||
Whether the Commission finds that the proposed development will enhance community character and not detract from the overall ambience of the community. | ||
Whether the Commission finds that the proposed use will not negatively affect existing or future public drinking supply sources. | ||
(8) | Landscaping and buffers. | |
Whether the Commission finds that suitable landscaping and buffers will be provided in conformance with these regulations on the site on which the proposed use is to be located. | ||
Whether the Commission finds that appropriate landscaping/buffers between the subject use and adjacent properties will be maintained and/or provided. | ||
(9) | Utilities. | |
Whether the Commission finds that subject site will have adequate water and sewerage systems to service the proposed use. | ||
Whether the Commission finds that adequate provisions for stormwater drainage will be provided without adversely affecting neighboring properties, or adjacent public drainage systems. | ||
F.
Action documentation.
(1)
The Commission shall, whenever it grants or denies a special use permit, state upon its record the reason(s) for its decision.
(2)
The Commission shall send, by certified mail, a copy of any decision on a special use permit application to the applicant within 15 days after such decision is rendered.
(4)
The Commission shall cause notice of the approval or denial of the special use permit application to be published in a newspaper having a general circulation in the community within 15 days after such decision is rendered.
(5)
In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within 10 days thereafter.
G.
Following approval.
(1)
A special use permit shall expire:
(a)
One year following its issuance if the construction, development or other activity allowed under such permit has not been actually commenced (site preparation alone shall not be deemed to be the actual commencement of the construction, development or activity under this section); and
(b)
Two years following its issuance if the construction or development allowed thereunder has not been completed.
(2)
The Commission, upon written request and for good cause shown, may extend either or both of these periods one or more times, but the total period of such extension or extensions shall not exceed one additional year.
(3)
A special use permit granted by the Commission shall only become effective upon the filing of a copy, certified by the Commission, in the land records of the Town, in accordance with the provisions of C.G.S. Section 8-3d.
(4)
A special use permit shall only authorize the particular use or uses specified in the Commission's approval.
(5)
Failure to adhere strictly to the documents, plans, terms, conditions, and/or safeguards approved by the Commission or its staff shall be a violation of these regulations.
(6)
Any condition or safeguards attached to the granting of a special use permit shall remain with the property as long as the special use permit use shall be in operation. These condition and safeguards shall continue in force regardless of any change in ownership of the property.
(7)
Any authorized special use permit shall be subject to revocation by the Commission if any condition or safeguard imposed by the Commission upon buildings, structures, land or uses for said permit shall not be strictly adhered to by the applicant, user and/or owner. Notification thereof shall be filed in the Office of the Town Clerk.
H.
Amendments or modifications.
(1)
An approved special use permit may be amended or modified.
(2)
Application shall be made in the same manner as the original application and subject to and in accordance with the provisions of these regulations authorizing the granting of the original special use permit.
(3)
All requirements of a special use permit application shall apply, unless waived in accordance with Section 214-9.4H(5) below.
(4)
Any application for an amendment shall include a copy of any and all prior certificates of decision(s) as recorded in the Somers land records.
(5)
Minor modification. An amendment of special use permit requirements may be granted without a public hearing for minor modifications to the building or site plan where the Commission finds that each of the following is true:
(a)
Alterations to the building or site do not materially affect the basic size, form, style, ornamentation and appearance of the structures as shown on the approved plans;
(b)
The proposed modification does not materially reduce the effectiveness of the approved landscaping, screening or buffering of the site;
(c)
The proposed modification does not materially impact the number of parking spaces or vehicular circulation; and
(d)
The proposed modification does not materially alter drainage patterns.
(6)
Any proposed modification must continue to comply with the original approval action of the Zoning Commission except those items specifically modified and all other applicable requirements.
§ 214-9.5 Text amendment.
A.
Application requirements.
(1)
A text amendment application shall be submitted for any proposal to amend, change, or repeal any section of these regulations.
(2)
Any such application shall be accompanied by an appropriate number of copies of the precise wording of the existing and proposed text and any other supporting information.
(3)
The application shall be accompanied by a fee, as provided in the fee schedule of the Town, to cover the cost of administration.
(4)
The Commission may require the submission of additional information as deemed necessary to make a reasonable review of the application.
(6)
The Commission shall not be required to hear any petition or petitions relating to the same changes, or substantially the same changes, more than once in a period of 12 months unless it finds, on facts presented in writing, that a material change in the situation justifies this action. A change of ownership of property or any interest therein shall not be deemed a material change in the situation for the purpose of this section.
B.
Proceedings.
(1)
The date of receipt for the text amendment application shall be determined in accordance with Section 214-9.8B.
(5)
The Commission shall refer any application to amend these regulations to the Planning Commission for a report at least 30 days prior to the date assigned for a public hearing.
(6)
The Commission may request input from any Town department or other agency it deems appropriate on an application to amend these regulations.
(7)
Notification to regional planning agencies may be required in accordance with the requirements of Section 214-9.8J.
(8)
Notification to adjoining municipalities may be required in accordance with the requirements of Section 214-9.8H.
(9)
Notification to water companies may be required in accordance with the requirements of Section 214-9.8I.
(10)
A copy of the proposed regulation shall be filed by the applicant in the office of the Town Clerk for public inspection at least 10 days before the public hearing.
(11)
In accordance with C.G.S. Section 8-7d(g), the Commission shall notify any person or organization on the public notice registry at least seven days prior to the commencement of the public hearing on the text amendment application.
(12)
The Commission shall process the text amendment application within the period of time permitted under C.G.S. Section 8-7d.
(a)
The public hearing shall commence within 65 days after receipt of the application;
(b)
The public hearing shall be completed within 35 days after such hearing commences;
(c)
All decisions shall be rendered within 65 days after completion of such hearing;
(d)
The applicant may consent to one or more extensions of any period specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days; and
(e)
These provisions shall not apply to any action initiated by the Commission regarding adoption or change of any regulation.
(13)
The applicant may, at any time prior to action by the Commission, withdraw such application.
C.
Decision considerations.
(1)
The Commission shall act upon the changes requested in such text amendment application.
(2)
Any report from an adjacent municipality or a regional planning agency shall be made a part of the record of such hearing.
(3)
On a text amendment application involving notice to adjoining municipalities under Section 214-9.8H, notice to water companies under Section 214-9.8I, notice to a regional planning agency under Section 214-9.8J, or any reports received in response to a request as per Section 214-9.5B(6), the Commission shall give due consideration to any report or testimony received.
(4)
In making its decision, the Commission shall take into consideration the report from the Planning Commission.
(5)
Before approving any text amendment application, the Commission shall determine that the proposed regulation change will aid in:
(a)
Protecting the public health, safety, welfare, or property values;
(b)
Attaining the purposes of these regulations;
(c)
Implementing the recommendations in the Plan of Conservation and Development; and
(d)
Accomplishing the provisions contained in Section 8-2(a) of the Connecticut General Statutes.
(6)
Such regulation(s) shall be established, changed or repealed only by a majority vote of all the members of the Commission.
(7)
In making its decision, the Commission shall state on the record its findings on consistency of the proposed establishment, change, or repeal of such regulations with the Plan of Conservation and Development.
D.
Action documentation.
(1)
Whenever the Commission acts upon a text amendment application, it shall state upon the record the reasons for its decision.
(2)
As part of approving a text amendment application, the Commission shall establish an effective date for the regulation change, provided that a notice of the decision of the Commission shall have been published in a newspaper having a substantial circulation in the community before such effective date.
(3)
The Commission shall send, by certified mail, a copy of any decision on a text amendment application to the applicant within 15 days after such decision is rendered.
(4)
The Commission shall cause notice of the approval or denial of the text amendment application to be published in a newspaper having a general circulation in the community within 15 days after such decision is rendered.
(5)
In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within 10 days thereafter.
§ 214-9.6 Zoning Map amendment.
A.
Application requirements.
(1)
A Zoning Map amendment application shall be submitted in writing on forms provided by the Commission for any proposal to alter the zoning designation of any parcel of land or part thereof.
(3)
Unless such application is initiated by the Commission, the application shall include:
(a)
Written reason(s) for the proposed amendment.
(b)
A map at a scale that clearly shows the area to be reclassified and the present classification and proposed new classification, including existing and proposed boundaries.
(c)
A metes and bounds description of the land to be included in the amendment based on a boundary survey certified to a State of Connecticut Class D Survey standard.
(d)
An adequate number of maps, accurately drawn at an appropriate scale by a professional engineer or land surveyor registered or licensed to practice in the State of Connecticut, showing existing and proposed zoning for the subject property and land within 500 feet of the subject property, and any other information considered pertinent by the applicant.
(e)
The names, addresses, Tax Map and lot numbers of all owners of property subject to the proposed amendment.
(g)
A list of all owners of property within 500 feet of the proposed zone change, including the address of the property, the area of the property, and that property's percentage of the entire area within 500 feet of the proposed zone change.
(h)
A fee, as provided in the fee schedule of the Town, to cover the cost of administration.
(4)
The Commission shall not be required to hear a Zoning Map amendment application that has been rejected within one year from the date of rejection unless it finds, on facts presented in writing, that a material change in the situation justifies this action. A change of ownership of property or any interest therein shall not be deemed a material change in the situation for the purpose of this section.
B.
Proceedings.
(1)
The date of receipt of the Zoning Map amendment application shall be determined in accordance with Section 214-9.8B.
(2)
The Commission shall hold a public hearing on the Zoning Map amendment application and:
(3)
The Commission shall refer any application to amend the Zoning Map to the Planning Commission for a report at least 30 days prior to the date assigned for a public hearing.
(4)
The Commission may request input from any Town department or other agency it deems appropriate on an application to amend the Zoning Map.
(5)
In accordance with Section 214-9.8J of these regulations, any proposed change of zone affecting any properties within 500 feet of the Town line shall be referred to the regional planning agency.
(6)
Notification to adjoining municipalities may be required in accordance with the requirements of Section 214-9.8H.
(7)
Notification to water companies may be required in accordance with the requirements of Section 214-9.8I.
(8)
A copy of the proposed zone change shall be filed by the applicant in the office of the Town Clerk for public inspection at least 10 days before the public hearing.
(9)
The Commission shall process the Zoning Map amendment application within the period of time permitted under C.G.S. Section 8-7d.
(a)
The public hearing shall commence within 65 days after receipt of the application;
(b)
The public hearing shall be completed within 35 days after such hearing commences;
(c)
All decisions shall be rendered within 65 days after completion of such hearing;
(d)
The applicant may consent to one or more extensions of any period specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days; and
(e)
These provisions shall not apply to any action initiated by the Commission regarding a Zoning Map amendment.
(10)
In accordance with C.G.S. Section 8-7d(g), the Commission shall notify any person or organization on the public notice registry at least seven days prior to the commencement of the public hearing of the Zoning Map amendment.
(11)
The applicant may at any time prior to action by the Commission, withdraw such application.
C.
Decision considerations.
(1)
On a Zoning Map amendment application involving notice to adjoining municipalities under Section 214-9.8H, notice to water companies under Section 214-9.8I, or notice to a regional planning agency under Section 214-9.8J, or any reports received in response to a request as per Section 214-9.6B(4), the Commission shall give due consideration to any report or testimony received.
(2)
In making its decision the Commission shall take into consideration the report from the Planning Commission.
(3)
Before approving any Zoning Map amendment application, the Commission shall determine that the proposed zone change:
(a)
Is in accordance with the Plan of Conservation and Development;
(b)
Is suitable for the intended location;
(c)
Will aid in protecting the public health, safety, welfare, or property values;
(d)
Will aid in attaining the purposes of these regulations; and
(e)
Will help accomplish the provisions contained in Section 8-2(a) of the Connecticut General Statutes.
(4)
Such zone change shall be established, changed or repealed only by a majority vote of all the members of the Commission, except that, if a protest against a proposed change is filed at or before a hearing with the Commission, signed by the owners of 20% or more of the area of the lots affected by such proposed change or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of 2/3 of all the members of the Commission.
D.
Action documentation.
(2)
As part of approving a Zoning Map amendment application, the Commission shall establish an effective date for the zone change, provided that a notice of the decision of the Commission shall have been published in a newspaper having a substantial circulation in the community before such effective date.
(3)
Unless the applicant is the Commission itself, the Commission shall send, by certified mail, a copy of any decision on a Zoning Map amendment application to the applicant within 15 days after such decision is rendered.
(4)
The Commission shall cause notice of the approval or denial of the Zoning Map amendment application to be published in a newspaper having a general circulation in the community within 15 days after such decision is rendered.
(5)
In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within 10 days thereafter.
§ 214-9.7 Zoning Board of Appeals.
A.
General provisions.
(1)
Appointment. There shall be a Zoning Board of Appeals (ZBA) established pursuant to the provisions of C.G.S. Chapter 124.
(2)
Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:
(a)
To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer.
(b)
To vary the application of the Zoning Regulations solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of these regulations would result in exceptional difficulty or unusual hardship and only when such variance shall result in substantial justice being done and the public safety and welfare secured.
(c)
To hear and decide all matters referred to it and upon which it shall be required to pass under any provision of these regulations or state law.
(3)
Meetings.
(a)
All meetings of said Board shall be held in accordance with the meeting schedule on file with the Town Clerk or at the call of the Chairman or Secretary.
(b)
All meetings of said Board shall be open to the public.
(c)
The Board shall keep minutes of its proceedings, showing the vote of each member upon each matter.
(d)
Each order, requirement or decision of the Board shall be filed in the Zoning Department and shall be a public record.
(e)
If a regular member of the Board of Appeals is absent, the Chairman of the Board shall designate an alternate from such panel choosing in rotation so that they shall act as nearly equal a number of times as possible and, if any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting.
(4)
Disqualification. A member of the Board shall disqualify himself or herself to act in a given case and shall state the reason for such disqualification which could include his or her relationship to any party involved or of financial interest in the matter before the Board.
B.
Variances.
(1)
Authority. In accordance with C.G.S. Section 8-6, the Board of Appeals shall have the power and duty to determine and vary the application of the regulations solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of these regulations would result in exceptional difficulty or unusual hardship and in such manner as shall, in the interests of public welfare and in fairness to individuals, best carry out the general purpose and intent hereof.
(2)
Application requirements.
(a)
A variance application shall be accompanied by sufficiently detailed plans for review by the Board and its designees.
(b)
An accurate and detailed plan drawn to scale is required showing the type and the degree of the variance requested; however, the Board of Appeals may require the filing of a survey meeting the Class A-2 accuracy standards of the Code of Practice for Standards of Accuracy of Surveys and Maps, by the Connecticut Association of Land Surveyors, Inc., when the variance is dimensional in nature or such survey is integral to the understanding of the application.
(c)
An application to the ZBA shall be accompanied by a fee as provided in the Town Fee Ordinance.
(d)
If a variance application involves an activity regulated pursuant to C.G.S. Sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Conservation Commission not later than the day such application is filed with the Board.
(e)
The Board shall not be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision by the Board or by a court on an earlier such application.
(3)
Nature of variance.
(a)
Any variance granted by the Zoning Board of Appeals shall run with the land and shall not be personal in nature to the person who applies for and receives the variance.
(b)
A variance shall not be extinguished solely because of the transfer of title to the property or the invalidity of any condition attached to the variance that would affect the transfer of the property from the person who initially applied for and received the variance.
(c)
A variance shall only authorize the particular activity specified in the Board's approval.
(4)
Proceedings.
(a)
The date of receipt for the variance application shall be determined in accordance with Section 214-9.8B.
(b)
The Board shall hold a public hearing on the variance application and:
[2]
Not less than 15 days before the subject hearing, the applicant shall mail a copy of the legal notice of the hearing to the owners of each parcel or property within 100 feet of the appellant's property, as determined from the latest real estate Grand List of the Town in the Tax Assessor's Office; and
[3]
At the hearing, the applicant, or his/her legal representative, shall submit evidence of the required mailing in the form of U.S. Postal Service Certificates of Mailing, a list showing the names and address of the owners of all such properties, and a copy of the notification (including attachments) which were mailed.
(c)
At such hearing, any party may appear in person or may be represented by agent or by attorney.
(d)
Notification to adjoining municipalities may be required in accordance with the requirements of Section 214-9.8H.
(e)
Notification to water companies may be required in accordance with the requirements of Section 214-9.8I.
(g)
The Board shall process the variance application within the period of time permitted under C.G.S. Section 8-7d.
[1]
The public hearing shall commence within 65 days after receipt of the application.
[2]
The public hearing shall be completed within 35 days after such hearing commences.
[3]
All decisions shall be rendered within 65 days after completion of such hearing.
[4]
The applicant may consent to one or more extensions of any period specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days.
(h)
The applicant may, at any time prior to action by the Board, withdraw such application.
(5)
Decision considerations.
(a)
Whenever a variance application is joined with an appeal by any person alleging to be aggrieved by any order, requirement, or decision made by the Zoning Enforcement Officer, the Board shall first decide the issues presented by such appeal before acting on the variance application.
(b)
The application of a regulation substantive requirements of which are mandated by statute shall not be subject to variance.
(c)
In order to approve an application for a variance, the Board shall find that a literal enforcement of these regulations would result in exceptional difficulty or unusual hardship:
[1]
Solely with respect to the parcel of land that is the subject of the application;
[2]
Owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated; and
[3]
Shall not be based upon the nonconforming use of neighboring lands, structures, or buildings.
(d)
Minor infractions in the location or height of a structure or the dimension or area of a lot, caused by human error, may be considered sufficient cause for an affirmative finding of this subsection, unless, in the opinion of the Board of Appeals, such infractions can be repaired without impairing the use of land or structure.
(e)
The Board shall only grant the minimum variance necessary to alleviate the exceptional difficulty or unusual hardship:
(f)
Whenever the Board of Appeals grants or denies any variance in the Zoning Regulations applicable to any property it shall state upon its records:
(g)
The concurring vote of four members of the Board shall be necessary to vary the application of the Zoning Regulations.
(6)
Special considerations for use variances.
(a)
As provided in C.G.S. Section 8-6(a), these regulations hereby state that the Board of Appeals shall not permit any use by variance which is not otherwise allowed in that zoning district.
(b)
Where a use of land, building or other structures is permitted by variance by the Board, approval of a special use permit by the Zoning Commission shall be required before issuance of a zoning permit.
(8)
Action documentation.
(a)
The Commission shall, whenever it grants or denies a variance application, state upon its record the reason(s) for its decision.
(b)
Notice of the decision of the Board shall be sent by certified mail to any applicant to the Board within 15 days after such decision has been rendered. Such notice shall:
(c)
Notice of the decision of the Board shall be published in a newspaper having a substantial circulation in the community within 15 days after such decision has been rendered.
(d)
In any case in which such notice is not published within such fifteen-day period, the applicant may provide for the publication of such notice within 10 days thereafter.
(9)
Following approval. A variance granted by the Board shall only become effective upon the filing of a copy, certified by the Board, in the Office of the Town Clerk, in accordance with the provisions of C.G.S. Section 8-3d.
C.
Location of uses.
(2)
The ZBA shall hold a public hearing on any request for a certificate of approval of location.
(3)
Approval of a certificate of approval of location by the ZBA does not preclude any requirement for or approval of a site plan application or a special use permit by the Zoning Commission.
(4)
In all cases where the ZBA shall authorize the issuance of a certificate of approval of location, under any of the above powers, it shall be the duty of said ZBA to attach such conditions and safeguards as may be required to protect the public health, safety and general welfare, and to ensure continual compliance with these regulations.
(5)
The provisions of this subsection shall not apply to:
(a)
A transfer of ownership to a spouse, child, brother, sister or parent of a licensee;
(b)
A transfer of ownership to or from a corporation in which a spouse, child, brother, sister or parent of a licensee has a controlling interest; or
(c)
A change in ownership involving the withdrawal of one or more partners from a partnership.
D.
Appeals of Zoning Enforcement Officer orders.
(1)
Authority. In accordance with C.G.S. Section 8-7, an appeal may be taken to the Board of Appeals by any person alleging to be aggrieved by any order, requirement, or decision made by the Zoning Enforcement Officer.
(2)
Application materials.
(a)
Any such appeal shall be taken within 30 days of the issuance of the order, requirement, or decision by filing a notice of appeal on the application forms provided by the Town with the Zoning Enforcement Officer and the Zoning Board of Appeals specifying the grounds thereof.
(b)
An appeal shall be accompanied by a fee as provided in these regulations.
(c)
The Zoning Enforcement Officer shall forthwith transmit to said Board all the papers constituting the record upon which the appeal from was taken.
(d)
The Board of Appeals may require the filing of a survey meeting the Class A-2 accuracy standards of the Code of Practice for Standards of Accuracy of Surveys and Maps, by the Connecticut Association of Land Surveyors, Inc., when warranted by the proximity of the proposed change of use or construction or alteration of a structure to any property line.
(3)
Effect of appeal.
(a)
Where such order by the Zoning Enforcement Officer prohibits further construction or expansion of a use in violation of the Zoning Regulations, an appeal shall not be cause for such construction or expansion to continue except to such extent that the Board may allow when ruling on the appeal.
(b)
In situations other than that described in Section 214-9.7D(3)(a) above, an appeal shall temporarily stop all zoning enforcement and proceedings with regard to such order, requirement or decision unless the Zoning Enforcement Officer certifies to the Board of Appeals after the appeal has been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.
(c)
If the Zoning Enforcement Officer certifies to the Board of Appeals that a stay would cause imminent peril to life or property, enforcement and proceedings shall only be stayed by a restraining order granted by a court of record, on notice to the Zoning Enforcement Officer and on due cause shown.
(4)
Proceedings.
(a)
The Board shall hold a public hearing on the appeal; and
(c)
Not less than 15 days before the subject hearing, the appellant shall mail a copy of the legal notice of the hearing to the owners of each parcel or property within 100 feet of the appellant's property, as determined from the latest real estate list of the Town in the Tax Assessor's Office.
(d)
At the hearing, the applicant, or his/her legal representative, shall submit evidence of the required mailing in the form of U.S. Postal Service Certificates of Mailing, a list showing the names and address of the owners of all such properties, and a copy of the notification (including attachments) which was mailed.
(e)
At such hearing, any party may appear in person or may be represented by agent or by attorney.
(f)
Notification to adjoining municipalities may be required in accordance with the requirements of Section 214-9.8H.
(g)
Notification to water companies may be required in accordance with the requirements of Section 214-9.8I.
(h)
The Board shall process the appeal within the period of time permitted under C.G.S. Section 8-7d.
(i)
The public hearing shall commence within 65 days after receipt of the appeal.
(j)
The public hearing shall be completed within 35 days after such hearing commences.
(k)
All decisions shall be rendered within 65 days after completion of such hearing.
(l)
The applicant may consent to one or more extensions of any period specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days.
(m)
The applicant may, at any time prior to action by the Board, withdraw such application.
(5)
Considerations.
(a)
The Board shall have all the powers of the Zoning Enforcement Officer from whom the appeal has been taken but only in accordance with the provisions of this section.
(b)
The Board shall make such order, requirement or decision as in its opinion should be made in the circumstances.
(c)
The Board may reverse, affirm wholly or partly, or may modify any order, requirement, or decision from which an appeal has been taken.
(d)
The concurring vote of four members of the Board shall be necessary to reverse, affirm partly, or modify any order, requirement, or decision of the official charged with the enforcement of the regulations.
(e)
Whenever the Board sustains or reverses wholly or partly any appeal, it shall state upon its records the reason for its decision and the regulation which is varied in its application or to which an exception is granted.
(6)
Action documentation.
(a)
The Board shall, whenever it grants or denies an appeal, state upon its record the reason(s) for its decision.
(b)
Notice of the decision of the Board shall be sent by certified mail to any person who appeals to the Board within 15 days after such decision has been rendered.
(c)
Notice of the decision of the Board shall be published in a newspaper having a substantial circulation in the community within 15 days after such decision has been rendered.
(d)
In any case in which such notice is not published within such fifteen-day period, the person who took such appeal may provide for the publication of such notice within 10 days thereafter.
§ 214-9.8 Procedural requirements.
A.
Application submittal requirements.
(1)
Applications to the Commission or the Board of Appeals shall be submitted to the Land Use Department.
(2)
Applications shall be submitted on forms obtained from the Land Use Department for the type of application being submitted.
(3)
Applications shall be accompanied by the appropriate fee(s) as specified in the fee schedule adopted by the Town, except that the Commission or the Town shall be exempt from any application fee.
(4)
Applications shall be submitted with such supporting plans, materials, and other information as required by these regulations.
(5)
Applications shall be signed by the applicant and, if applicable, the owner of the property affected.
B.
Date of receipt.
For the purposes of calculating statutory time frames for processing applications, the date of receipt of an application to the Zoning Commission or the Zoning Board of Appeals shall be:C.
Incomplete applications.
(1)
Each application shall be reviewed by the Zoning Enforcement Officer to determine whether the application is substantially complete.
(2)
An application shall not be considered actually complete until all of the information as required by these regulations has been received by the Zoning Commission or the Zoning Board of Appeals at a regularly scheduled meeting.
(3)
An application considered by the Commission to be incomplete or an application submitted without the requisite fee shall be denied.
D.
Sequence of hearings.
Where a proposed development or activity requires multiple applications, the Commission may conduct any public hearings simultaneously or in the order it deems appropriate.E.
Consultations.
On any application, the Commission or Board may:(1)
Seek the advice and opinion of other officials, boards, or commissions to assist it in evaluating applications;
(2)
Retain an engineer, architect, landscape architect, professional land use planner, attorney, or other consultant to review, comment, and guide its deliberations on any application; and
F.
Notice by newspaper.
(1)
When a public hearing is required by these regulations or scheduled by the Commission, the Zoning Enforcement Officer shall cause notice of the hearing to be published in a newspaper having a general circulation in the community.
(2)
Such notice shall be published at least twice at intervals of not less than two days, the first not more than 15 days, nor less than 10 days, and the last not less than two days before the date of the hearing.
G.
Notice by mail to nearby property owners.
(1)
Applicants or their representatives shall be responsible for notifying owners of property within 100 feet of the subject property of any pending application for special use permit, zone change application, or variance or whenever else required by these regulations.
(2)
As part of any such application, the applicant shall submit:
(a)
A list of the names and addresses of owners of property within 100 feet of the subject property utilizing the latest records of the Town Tax Assessor to determine the owner of each property.
(b)
A map showing the subject property, the surrounding properties and the approximate location of structures within 100 feet of the subject property, including tax lot numbers.
(3)
The applicant shall notify at least one owner of each of the properties within 100 feet of the subject property of the time, place, date, and purpose of the hearing by sending a copy of the legal notice to each such property owner not less than 10 days prior to the scheduled hearing.
(4)
Notices from the applicant to the property owners within 100 feet shall be sent via U.S. First Class Mail and proof of mailing shall be evidenced by Certificates of Mailing from the U.S. Postal Service.
H.
Notification of adjoining municipalities.
(1)
In accordance with C.G.S. Section 8-7d(f), the Commission or Board of Appeals shall notify the Clerk of an adjoining municipality of any application concerning any project on any site in which:
(a)
Any portion of the property affected by a decision is within 500 feet of the boundary of the adjoining municipality;
(b)
A significant portion of the traffic to the completed project shall use streets within the adjoining municipality to enter or exit the site;
(c)
A significant portion of the sewer or water drainage from the project shall flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
(d)
Water runoff from the improved site shall impact streets or other municipal or private property within the adjoining municipality.
(2)
Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the day of the submission to the Zoning Enforcement Officer of the application, petition, request, or plan.
(3)
No hearing shall be conducted on any application, petition, request, or plan unless the adjoining municipality has received the notice required under this section.
(4)
Such adjoining municipality, through a representative, may appear and be heard at any hearing on any such application, petition, request, or plan.
I.
Notification of water companies.
(1)
In accordance with C.G.S. Section 8-3i, an applicant shall provide written notice to a water company and to the Commissioner of the Department of Public Health when an application, petition, request or plan is filed with the Commission or Board of Appeals concerning any project on any site which is within:
(a)
An aquifer protection area, provided that such area has been delineated in accordance with C.G.S. Section 22a-354c; or
(b)
The watershed of a water company, as defined in C.G.S. Section 16-1, provided that such water company has filed a map with the Commission or the Board of Appeals or on the land records showing the boundaries of the watershed.
(2)
Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of the day of the submission to the Zoning Enforcement Officer of the application, petition, request, or plan.
(3)
Prior to the scheduled meeting regarding the application, the applicant shall submit the following to the Zoning Enforcement Officer or the application shall be considered incomplete:
(4)
Such water company may, through a representative, appear and be heard at any hearing on any such application, petition, request, or plan.
J.
Referrals to Council of Governments.
(1)
The Commission shall give written notice to the Council of Governments when any portion of the land affected by a zoning regulation or boundary change affecting the use of a district is located within 500 feet of the boundary of another municipality.
(2)
Such notice shall be made not later than 30 days before the public hearing and shall be made by electronic mail or by certified mail, return receipt requested.
(3)
The Council of Governments may submit advisory findings and recommendations to the Commission at or before the hearing.
(4)
The Commission shall read any comments submitted by the Council of Governments into the record of any public hearing or public meeting held on the application.
(5)
The lack of a response from any such Council of Governments shall not delay the processing of the application.
K.
Beneficiaries of a trust.
In accordance with C.G.S. Section 8-7c, any person who makes an application to the Commission or Board of Appeals pertaining to real property, the record title to which is held by a trustee of any trust, shall file with said application a sworn statement disclosing the name(s) of the equitable owner(s) of such real property or the beneficiary(ies) of the trust.L.
Conservation restriction.
(1)
In accordance with C.G.S. Section 47-42d, any person filing a zoning application for property that is subject to a conservation restriction or a preservation restriction shall provide proof that the applicant has, at least 60 days prior to the filing of the permit application, provided written notice of such application, by certified mail, return receipt requested, to the party holding such restriction, including, but not limited to, any state agency that holds such restriction.
(2)
In lieu of such notice, the applicant may submit a letter from the holder of such restriction or from the holder's authorized agent, verifying that the application is in compliance with the terms of the restriction.
(3)
Such notice shall not be required if the application is only for interior work in an existing building or for exterior work on an existing building that does not expand or alter the footprint of such existing building.
(4)
If the holder of the restriction provides proof that granting of the permit application will violate the terms of the restriction, such agency, official or director shall not grant the permit.
(5)
If the applicant fails to comply with the notice provisions of C.G.S. Section 47-42d, the applicant and/or any successor entity may be subject to the penalties or other enforcement provisions contained in C.G.S. Section 47-42d.
M.
Financial guaranty requirements.
(1)
Where a financial guaranty is required by any section of these regulations, the Zoning Enforcement Officer shall require evidence of compliance with the following standards before accepting any financial guaranty.
(2)
Where a financial guaranty is required, no zoning permit shall be issued until such performance guaranty has been accepted by the Commission or its agent.
(3)
The required amount of the financial guaranty will be established by the Commission based on a listing provided by the applicant of the type and estimated quantities of materials needed to complete the approved site improvements that will be conveyed to or controlled by the Town. The amount of the financial guaranty shall be sufficient to cover the cost plus 10% of any proposed or required site improvements, including but not necessarily limited to:
(4)
The Commission may require a separate financial guaranty for all erosion and sedimentation controls required as part of an approval.
(5)
All financial guaranties shall be posted prior to the issuance of a zoning permit or a certificate of zoning compliance and any zoning permit or certificate of zoning compliance issued shall be null and void if the required financial guaranties are not posted as required.
(6)
Acceptable forms of financial guaranties. Financial guaranties shall be in one or more of the following forms:
(a)
Cash deposited with the Town;
(b)
Certified check(s) payable to the Town, when the amount of any check is fully insured by the FDIC;
(c)
Bank deposit(s) assigned solely and irrevocably to the Town, when the amount of any deposit is fully insured by the FDIC; and/or
(d)
An irrevocable letter of credit naming the Town as sole beneficiary, provided that:
[1]
Such letter of credit shall be issued by a branch of a bank in Connecticut or by a branch of a bank in the United States, provided that:
[a]
Such bank is included in the most recent list issued by the Securities Valuation Office of the National Association of Insurance Commissioners (or any successor office or organization, "NAIC") as a bank meeting NAIC standards for issuing letters of credit for reinsurance purposes; or
[b]
The long-term unsecured debt of such bank (or the long-term unsecured debt of its holding company) is rated BBB or better by Standard & Poor's rating service or Baa or better by Moody's rating service.
[2]
The terms and conditions of such letter of credit shall be acceptable in form and substance to the Town; and
[3]
When through the passage of time, such letter of credit shall have less than 30 days remaining until its expiration or lapse date, and such expiration date has not been extended, the Town may draw the full amount under said letter of credit and the proceeds may be retained by the Town as a cash deposit form of financial guaranty.
(7)
A financial guaranty required in the amount of $10,000 or less shall be posted in cash or certified check only.
(8)
Upon completion of the proposed and required improvements, the applicant may be required to submit to the Commission:
(9)
At the written request of the applicant to release or reduce the financial guaranty, the Zoning Enforcement Officer shall, not later than 65 days after receiving such request:
(10)
To promote public health and safety and to safeguard the Town in regard to the future maintenance of said improvement, the Commission may retain a financial guaranty for maintenance, in cash or certified check, in the amount of 10% of the total required financial guaranty for a period of one year following completion of all proposed and required improvements.
(11)
If all work associated with an application approved by the Commission is not completed within the prescribed amount of time, the approval shall expire and become null and void. Any financial guaranty may be used by the Town to complete the site improvements.
N.
Village District procedures.
(1)
Village District review required unless exempted. All new construction, substantial reconstruction, and rehabilitation of properties in a Village District and any changes of use or new uses not exempted below shall require Commission approval as specified in this section.
(2)
Exempted activities.
(a)
Change of use. Village District review shall not be required, and a zoning permit may be issued by the Zoning Enforcement Officer for a change of use within the Village District when:
[1]
No or minor modifications to the site or structure are proposed;
[2]
Such proposed use is permitted in the zone; and
[3]
Such proposed use is substantially similar to the previous use or deemed to have less neighborhood impact and similar or fewer parking requirements than a previously permitted use.
(b)
Routine maintenance/minor modification. Village District review shall not be required, and a zoning permit may be issued by the Zoning Enforcement Officer for routine maintenance and minor modifications within view from any public roadway when the Zoning Enforcement Officer determines that such routine maintenance or minor modification will be consistent with the character of the District as well as all other applicable requirements of this section.
(c)
Alteration not visible. Village District review shall not be required for any alteration or structural modification within the Village District when such work does not change the building footprint or floor area and such work is not subject to site plan or special use permit approval from the Commission.
(3)
Professional drawings required. Unless the Commission determines that professional drawings are not necessary due to the nature of the improvements proposed or other material provided:
(4)
Design considerations. Applications within the Village District shall be reviewed against the standards and criteria included in the C.G.S. Section 8-2j, as contained elsewhere in these regulations, and the following:
Design Considerations | ||
|---|---|---|
Streetscape | • | The area between the building facade and the street line should be configured as a pedestrian-friendly area with appropriate landscape materials and pedestrian-oriented amenities, such as outdoor seating and displays. |
Building character | • | Buildings should be harmoniously related to their surroundings. |
• | Buildings should be harmoniously related to the scale and architecture of existing buildings in the District where there is a functional or visual relationship. | |
• | Buildings should be designed and appropriately proportioned to be consistent with the area's architectural character and style. | |
• | The building facade should be configured to be pedestrian-friendly with entrance porches or canopies and large windows (with grille and transom) utilized for displays at the first-floor level. | |
Parking and access | • | In order to provide for a pedestrian-friendly environment, access management strategies are encouraged with as few driveways as practicable (Shared driveways are encouraged.) and with significant pedestrian amenities provided on the site whenever any driveway disturbs the pedestrian realm. |
• | In order to provide for a pedestrian-friendly environment, parking is discouraged in the area between the front of the building and the street line. All parking should be located at the rear or side of the building. | |
Signage and lighting | • | Signage should be designed to reinforce the unique character and features of the village and add interest to the street level environment. |
• | Illumination for buildings, parking areas, and signs shall be accommodated with down-lighting fixtures (such as goose neck fixtures for signage). | |
Other | • | The removal or disruption of historic traditional or significant structures or architectural elements should be minimized. |
(5)
Compatibility objectives. In addition, all development in the Village District shall be designed to achieve the following compatibility objectives:
(a)
The building and layout of buildings and included site improvements shall reinforce existing buildings and streetscape patterns, and the placement of buildings and included site improvements shall assure that there is no adverse impact on the District;
(b)
Proposed streets and/or driveway shall be connected to the existing Village District road and driveway network, wherever possible;
(c)
Pedestrian access shall be provided to connect with adjacent Village District sidewalks, uses, and buildings;
(d)
Open spaces within the proposed development shall reinforce open space patterns of the District, in form and siting;
(e)
Locally significant features of the site, such as distinctive buildings, specimen trees, or sight lines or vistas from within the District, shall be integrated into the site design;
(f)
The landscape design shall complement the District's landscape patterns;
(g)
The accessory features and structures common in the Village District shall be continued in a uniform architectural theme throughout the proposed development and shall be compatible with their surroundings (including exterior signs, colonial-style site lighting, white picket fences, brick paver walks, etc.); and
(h)
The scale, proportions, massing and detailing of any proposed building shall be in proportion to the scale, proportion, massing and detailing in the District.
(6)
Procedures.
(a)
All applications for new construction or substantial reconstruction within the Village District and in view from public roadways shall be subject to review and recommendation by a Village District Consultant selected and contracted by the Commission for such application and such Village District Consultant shall be:
(b)
The Village District Consultant shall review the application and report to the Commission within 35 days of the official receipt of an application with regard to compliance with the Village District criteria contained herein.
(c)
Failure of the Village District Consultant to report within 35 days shall not alter or delay statutory time limits.
(d)
The report of the Village District Consultant (if any) shall be entered into the record of any public hearing which may or may not be held and may be considered by the Commission in making its decision. The applicant shall be afforded the opportunity to review and comment upon any such report and to offer additional information to the Commission in response to said report.
(e)
The Commission may additionally seek the recommendation of any Town or regional agency or outside specialists with which it consults, including but not limited to, any historical organizations, the Capitol Region Council of Governments, the Connecticut Trust for Historic Preservation, and the University of Connecticut College of Agriculture and Natural Resources. Any report from such agency or organization shall be entered into the record of the public hearing and may be considered by the Commission in making its decision. The applicant shall be afforded the opportunity to review and comment upon any such report and to offer additional information to the Commission in response to said report.
(f)
No approval of the Commission shall be effective until a copy thereof, certified by the Commission, containing the name of the owner of record, a description of the premises to which it relates and specifying the reasons for its decision, is recorded in the land records of the Town of Somers. The Town Clerk shall index the same in the grantor's index under the name of the then record owner, and the record owner shall pay for such recording.