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.
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.
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.
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.
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(1)
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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.
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(2)
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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.
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(3)
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Orderly development:
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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.
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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.
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(4)
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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:
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(a)
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The degree of care and attention taken to protect the adjacent
area; and
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(b)
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The public purpose to be served by the proposed facility; and
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(c)
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The balance between such public purpose and any adverse impact
to the adjacent area and the impact on the general welfare of the
community.
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(5)
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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.
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(6)
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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.
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(7)
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Protection of important resources.
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Whether the Commission finds that the proposed development adequately
protects important natural resources and community resources.
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Whether the Commission finds that the proposed development will
enhance community character and not detract from the overall ambience
of the community.
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Whether the Commission finds that the proposed use will not
negatively affect existing or future public drinking supply sources.
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(8)
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Landscaping and buffers.
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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.
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Whether the Commission finds that appropriate landscaping/buffers
between the subject use and adjacent properties will be maintained
and/or provided.
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(9)
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Utilities.
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Whether the Commission finds that subject site will have adequate
water and sewerage systems to service the proposed use.
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Whether the Commission finds that adequate provisions for stormwater
drainage will be provided without adversely affecting neighboring
properties, or adjacent public drainage systems.
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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.
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:
(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.
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:
(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.
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.
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
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|---|---|---|
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Streetscape
|
•
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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
|
•
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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.
