A.
Once established, the regulations, restrictions and boundaries set
forth in the Zoning Regulations may, from time to time, be amended,
supplemented or repealed by the Commission in accordance with C.G.S.
§ 8-3, either on the initiative of the Commission or by
petition.
B.
All land uses in Thompson shall comply with all other applicable
local, state and federal requirements, including, but not limited
to, compliance with the Subdivision Regulations administered by the
Commission and obtaining permits where necessary from the Thompson
Inland Wetlands Commission; the Thompson Water Pollution Control Authority;
the Thompson Building Official; and the Connecticut State Departments
of Public Health, Energy and Environmental Protection and Transportation.
A.
No building, structure, premises or land shall be used or occupied,
and no building or other structure or part thereof shall be erected,
moved, placed, reconstructed, extended, enlarged, altered or demolished,
except in accordance with these regulations. Furthermore, land development
activities shall be undertaken, including the subdivision of land,
in conformity with the regulations herein prescribed for the district
in which such lands, buildings, structures, uses or other activities
are located.
B.
No conveyance of land shall be made that reduces the remaining land
of the grantor below the applicable minimum area, bulk and yard required
for the district in which it is located.
C.
No zoning permit or certificate of zoning compliance shall be issued
for the erection or occupancy of a building or structure on land conveyed
in violation of these regulations.
D.
These regulations are intended to state the uses, or the establishment
of uses, of lands and/or buildings and structures that are permitted
within the Town.
E.
Uses
not stated generally are not permitted; however, the Commission acknowledges
that uses may be proposed which were not anticipated at the adoption
of these regulations, but which may be favorable to the Town. To that
end, in any district of the Town, an applicant may propose such a
use to the Commission under the special permit level of review. In
the Table of Uses for each district, this opportunity is indicated
in the Use column with the text "Any other uses reasonably related
to the intended purpose of this district, as determined by the Commission."
Nothing in these regulations shall be interpreted as the authorization
for, or approval of, the continuation of the use of land, buildings,
structures or premises in violation of the Zoning Regulations in effect.
This holds true up to the effective date of these regulations or any
amendment thereof.
A.
These regulations shall be interpreted and enforced by the appointed
agent of the Commission, the Zoning Enforcement Officer (hereafter
referred to as the "ZEO"), or any other duly appointed agent of the
Commission in the manner set forth in C.G.S. § 8-12 and
other applicable sections of the C.G.S., as amended, and in such a
manner as set forth in these regulations.
B.
If any building, structure or land has been erected, constructed,
altered or maintained or any building, structure or land has been
used in violation of these regulations, then the ZEO may do any, or
all, of the following:
(1)
Institute an action or proceeding to prevent such an unlawful
erection, construction, alteration, maintenance or other use; to restrain,
correct or abate such a violation; to prevent the occupancy of such
buildings, structures or lands; or to prevent any illegal acts, conduct
or use in, or about, such premises.
(2)
Cause any building, structure, place or premises to be inspected
and examined and ordered, in writing, to detail the remedy of any
condition found to exist therein or thereon in violation of these
regulations. When the violation involves either grading of land, removal
of earth or soil erosion and sediment control, issue, in writing,
a cease-and-desist order to be effective immediately.
(3)
Initiate proceedings to revoke a permit or special permit by
issuing a written notice to the permittee by certified mail after
the ZEO finds that any one of the following activities or situations
related to the special permit has occurred:
(a)
Implementation or use of the approval does not conform to the
written application and/or supporting documents upon which the approval
is based.
(b)
Conditions and requirements of the Commission that were included
with the approval have not been met.
(c)
Bond requirements have not been met or maintained.
(d)
Activities taking place under a special permit do not comply
with these regulations.
(4)
Any such notice of pending permit revocation shall include the
reason(s) for the pending revocation, and it shall also inform the
violator that she or he has 30 days to appeal the decision of the
ZEO to the Zoning Board of Appeals (ZBA).
C.
No special permit shall be revoked until the Commission has held
a hearing at which the permittee is given an opportunity to show cause
as to why the special permit should not be revoked.
D.
In the event that a permit or special permit is revoked, the ZEO
shall notify the permittee by certified mail of the decision.
E.
The Commission, in addition to other remedies, may institute legal
action to prevent, correct or abate any condition it finds that violates
these regulations, up to and including requiring the removal of any
structure found to be built illegally.
A.
The Commission strongly advises persons seeking to amend either these
regulations or the Zoning Map to meet informally with the Commission
prior to taking such an action. These meetings are not binding, yet
they do provide the applicant and the Commission the opportunity to
discuss the purpose and need for any modifications or additions, while
improving the process and the understanding between the parties.
B.
In accordance with the provisions of C.G.S. § 8-3, the
following procedures shall be followed for any proposed amendment
to the Zoning Regulations or to the zoning district boundaries as
identified on the Zoning Map:
(1)
These regulations and/or the Zoning Map may be amended, whether
on the initiative of the Commission or by petition.
(2)
Upon receipt of a petition to amend the Zoning Regulations and/or
the Zoning Map, the Commission may refer the materials to Town staff
and/or consultants or experts as the Commission deems necessary or
appropriate. In accordance with the statutory provisions of C.G.S.
§ 8-3b, referrals to the Northeastern Connecticut Council
of Governments (NECCOG) or adjacent municipalities may be required.
(3)
Once a petition has been received as complete, the Commission
shall hold a public hearing, complete its review and, within statutory
time limitations, act upon the changes requested in such a petition.
(4)
For public hearings, legal notices shall be published in accordance
with statutory requirements, and a copy of the proposed amendment
to the Zoning Regulations or revision of the Zoning Map shall be filed
in the office of the Thompson Town Clerk 10 days prior to the publication
of notices for the scheduled public hearing.
(5)
If the petitioner submits revised or supplemental information
during the period between the publication of public hearing notices
and the scheduled public hearing, then the Commission may require
the petitioner to pay for all advertising costs associated with a
rescheduled or continued public hearing, if required, and the extension
of statutory time restrictions requested.
(6)
No new information shall be received from the petitioner or
the public after the close of the public hearing.
(7)
The Commission shall establish an effective date for any approved
changes to the Zoning Regulations or the Zoning Map.
(8)
The Commission shall not be required to hear any petition relating
to the same changes, or substantially the same changes, more than
once in a period of 12 months.
C.
Petition requirements. Petitions to amend the Zoning Regulations
and/or Zoning Map shall, except as noted otherwise, include the following
information:
(1)
The signatures of all petitioners and all subject property owners,
along with any required fees, as set forth in the Planning and Zoning
Fee Schedule.[1]
[1]
Editor's Note: The Planning and Zoning Fee Schedule is included as an attachment to this chapter.
(2)
Statement of justification for the proposed regulation amendment
or boundary change. Said statement should substantiate:
(3)
Petitions for changes to the Zoning Regulations shall include
the exact wording of all proposed amendments, with article and section
references. All petitions to amend the Zoning Regulations shall incorporate
into the proposal all related sections of the regulations that must
be modified to ensure consistency among the various regulatory provisions.
(4)
Petitions for changes to boundaries of the Zoning Map shall
include, at a minimum, an electronic file (.pdf format preferred),
plus two physical copies of a map of the proposed changes that conform
to the following guidelines:
(a)
For a rezoning involving 10 acres or less, said map shall be
at a scale of one inch equals 100 feet or less. All properties within
100 feet of this area shall be clearly represented.
(b)
For areas greater than 10 acres in size, the map shall be at
a scale of one inch equals 200 feet or less. All properties within
200 feet shall be clearly represented.
(c)
For areas over 20 acres in size, the Commission may authorize
an alternative scale, provided the proposed area for rezoning and
all properties within 500 feet of this area are clearly represented.
(d)
The proposed zone change map shall include the following:
[1]
The area of the zone change and all areas within 500 feet of
the proposed rezoning.
[2]
Existing and proposed district boundary lines.
[3]
Existing streets, rights-of-way, easements, watercourses, wetlands
and areas of special flood hazard.
[4]
Existing property lines and the names and addresses of the current
property owners, including those across any street and within 500
feet of all property boundaries as per the official records of the
Thompson Assessor.
[5]
The proposed map shall be signed and sealed by a land surveyor
licensed in the State of Connecticut.
(5)
In situations where the mapping information required in Subsection C(4) (above) cannot fit on one twenty-four-inch by thirty-six-inch sheet, the petition shall also include an additional twenty-four-inch by thirty-six-inch sheet depicting all property within the area of the proposed zone change and all property within 200 feet of the proposed rezoning.
(6)
Petitions for changes to the Zoning Map shall include the Thompson
Tax Assessor's reference to map, block and lot number.
(7)
Traffic studies, environmental assessments and other special
reports may also be presented for any petition to create, amend or
expand a zone classification.
(8)
To ensure ample opportunity for neighborhood opinions to be
expressed, the petitioner shall be responsible for notifying, in writing,
all property owners within 200 feet of the perimeter boundaries of
the subject zone change area. Such a notice shall be sent under a
certificate of mailing at least 10 days prior to the date of the scheduled
public hearing and shall include the statement of justification received
by the Commission, a map showing the proposed zone change area, the
date and time of the scheduled public hearing and the fact that the
subject petition has been filed with the ZEO. A copy of the petitioner's
notice to neighboring property owners and a listing of those owners
so notified shall be received by the Commission prior to the public
hearing.
(9)
On any property that is the subject of a public hearing, the
petitioner shall post a sign on the premises that meets the following
criteria:
(a)
The sign must be a minimum of 24 inches high and 36 inches wide,
with a white background and black lettering at least two inches in
height.
(b)
The sign must be securely affixed into or onto the ground, double-sided,
clearly visible from the road, and set back no more than 10 feet from
the edge of the pavement.
(d)
The sign shall be in place no less than 14 calendar days prior
to the scheduled public hearing and shall be removed within 48 hours
of the conclusion of said public hearing.
(e)
In the case of extensions to the public hearing, the date, time
and location information is to be continually updated for the benefit
of the public.
D.
Any proposed change within 500 feet of the Town line shall be referred
to NECCOG and each abutting town in accordance with C.G.S. § 8-3b.
E.
In considering any petition to amend the Zoning Regulations or revise
the Zoning Map, the Commission shall determine whether the changes
proposed by the petition will promote the public health, safety, property
values and general welfare. Further, the Commission shall make the
following determinations:
(1)
The proposal is complete and contains all required application
information.
(2)
The proposal is consistent with the goals, policies and recommendations
contained within the Plan of Conservation and Development.
(3)
The proposal is consistent with the expression of regulatory intent and purpose contained in the provisions of Article 1 of these regulations and Section 8-2 of the Connecticut General Statutes, as amended.
(4)
The proposal is appropriately worded, legally sound and comprehensive
and consistent with respect to other regulatory provisions.
(5)
Any proposal to revise the Zoning Map has comprehensively considered
the size and physical characteristics of the subject area, the designated
uses and supply of land currently zoned in the subject classification
and the effect of the proposal on existing land uses in the surrounding
areas.
[Amended 8-28-2023]
F.
Amendments to the Zoning Regulations or revisions to the Zoning Map
shall be adopted only by a majority vote of the members of the Commission
present, except where, pursuant to C.G.S. § 8-3(b), a formal
protest petition objecting to the proposed revision to the Zoning
Map is filed at or before a public hearing on the subject revision.
(1)
Such a protest petition must be appropriately signed by the
owners of 20% or more of the area of the lots included in such a proposed
change, or of the lots within 500 feet in all directions of the property
included in the proposed change. An appropriately signed petition
has the following on the signatory lines: an original ink signature,
the printed name of the signatory and the address of the signatory.
(2)
When such a protest is appropriately filed, the proposed change
shall not be adopted, except by a vote of 2/3 of all members of the
Commission.
A.
Nonconforming buildings and uses.
(1)
Any building or any use of land or building existing at the
time of the adoption of these regulations, or of any amendment thereof,
that does not conform to the provisions of these regulations for the
use and area requirements of the district in which it is located shall
be designated as a nonconforming use.
(2)
A dwelling located on a lot that is nonconforming in size or
other dimensional requirements may be extended, altered or rebuilt,
provided such an expansion does not require a waiver of state health
codes for a subsequent septic repair caused by insufficient separation
distances to residential water supply wells and watercourses, the
existing dimensional nonconformities are not further reduced and the
height of the building does not further exceed any maximums.
(3)
Any nonconforming building, or one or more of a group of nonconforming
buildings, that has been or may be damaged or destroyed by fire, flood,
explosion or act of God may be restored and used as before if the
restoration is completed within five years of the calamity. The Commission
may grant an extension, not to exceed an additional two-year period,
if good cause is shown. A nonconforming dwelling and/or accessory
building may be restored, provided the nonconforming dimension(s)
is not further reduced and the height of the building(s) does not
further exceed any maximums.
(4)
A nonconforming use may be continued, changed to a conforming
use or changed to another nonconforming use that is more conforming.
A nonconforming use may be extended and/or expanded, provided that
such extension or expansion shall not exceed 25% of the total existing
footprint of the nonconforming use and shall not exceed 25% of the
remaining lot.
(5)
A legally existing nonconforming use may be changed to a legally
conforming use, provided an application for a zoning permit, zoning
permit with site plan review by the Commission or special permit,
as applicable, has been issued for such a change. Such change of use
shall not revert back to a previous nonconforming use.
B.
Nonconforming lots.
(1)
For the purpose of these regulations, a "nonconforming lot"
shall be one that had a separate existence prior to the enactment
of these Zoning Regulations, or any amendment thereto, that requires
a larger area, frontage, width or depth than that existing prior to
such an enactment.
(2)
In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of these regulations,
these dwellings may be erected on any nonconforming lot that was in
separate ownership as evidenced by a deed recorded in the Land Records
of the Town prior to the effective date of adoption of these Zoning
Regulations, or any amendments thereto, that created such nonconforming
lot, provided that construction on and use of each such lot shall
comply with all other provisions of these regulations.
(3)
If two or more contiguous lots, or combinations of lots, or
portions of lots in single ownership are on record at the time of
passage of these Zoning Regulations, or any amendments thereto, and
if all or part of such lots do not meet the requirements for lot frontage,
width or area as established by these regulations, or any amendment
thereto, then the land involved shall be considered to be an undivided
lot for the purposes of these regulations, except as provided below.
No portion of said undivided lot shall be used or sold as a building
lot that does not meet lot frontage, width and area requirements established
within these regulations nor shall any division of a lot be made that
leaves any remaining lot with frontage, width or area below the requirements
stated within these regulations.
(4)
Where two or more lots, or combinations of lots, or portions
of lots with continuous frontage are in single ownership as described
above and a lawfully erected building containing a primary use is
located on such lot or lots, these lots shall be combined in such
a way that each primary use is located on a conforming lot. In no
case shall any lot be so created that is nonconforming in area, width
or frontage.
(5)
If any nonconforming lot contains an existing conforming use
with an existing structure, permitted accessory uses may be erected,
so long as all new construction complies with all other applicable
requirements of these regulations.
A.
The Zoning Board of Appeals shall have all the powers and duties
delegated to it by C.G.S. § § 8.5 to 8.10, including
hearing appeals regarding the enforcement of these regulations, the
review and approval of requests for variances and the location for
dealing in or repairing motor vehicles or the sale of gasoline products
pursuant to C.G.S. §§ 14-54 and 14-321.
B.
Any variance granted by the ZBA shall run with the land and shall
not be personal in nature to the person who applied for and received
the variance. A variance shall not be extinguished solely because
of the transfer of title of 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.
Any appeal, application or other matter requiring a decision of the ZBA shall be submitted on a form prescribed by the ZBA, and shall be accompanied by the required fee and any maps, statements and other documents required by the ZBA in order to properly evaluate and render a decision on such appeal, application or other matter. All maps submitted shall meet or exceed the minimum requirements for a zoning permit plan, as set forth in Article 4, § 275-4.4A, of these regulations.
D.
No appeal, application or other matter shall be decided without first
convening a public hearing on the same, made in accordance with the
requirements of the Connecticut General Statutes.
E.
No variance shall be granted by the ZBA unless the Board finds that,
owing to conditions especially affecting the parcel, but not generally
affecting the district in which it is situated, a literal enforcement
of the regulations would result in exceptional difficulty or unusual
hardship, so that substantial justice will be done and the public
safety and welfare secured, and further provided that the following
conditions are met:
(1)
The hardship is the result of the particular circumstances of
the site and was not created by the applicant or a predecessor in
title.
(2)
The hardship differs in kind from hardships imposed by these
regulations on other properties in the same district.
(3)
Financial loss resulting from these regulations does not constitute
the cause for the application for a variance.
(4)
The variance is the minimum variance necessary in order to allow
reasonable use of the property.
(5)
The variance is in harmony with the general purpose and intent
of the zoning district and other provisions of these regulations.
(6)
The variance will not adversely affect public health, safety
and welfare.
F.
A variance shall not be granted to change a special permit use to
a permitted use nor shall a variance be granted to waive requirements
of these regulations.
