A.
Rules and terms.
(1)
In the construction, interpretation, application, and enforcement
of these regulations, the rules, terms, and definitions contained
in this section shall be observed and applied, except where the context
clearly indicates otherwise.
(2)
The meaning of words or terms not defined in this section shall
be determined by the Commission after consulting one or more of the
following:
B.
Basic rules.
In the construction, interpretation, application, and enforcement
of these regulations and when not inconsistent with the context, the
following rules shall apply:(1)
Words used in the singular include the plural, and the plural
the singular.
(2)
Words used in the present tense include the future tense.
(3)
Words which are specifically masculine or feminine shall be
interpreted as interchangeable.
(4)
The word "shall" is mandatory and not discretionary.
(5)
The word "may" is permissive.
(6)
In case of any difference of meaning or implication between
the text of these regulations and any caption, illustration, summary,
table or illustrative table, the text shall control.
C.
Common terms.
In the construction, interpretation, application, use and enforcement
of these regulations, commonly used terms shall be interpreted as
follows:(1)
The word "parcel" includes the word "lot."
(2)
The words "zone," "zoning district," and "district" have the
same meaning.
(3)
The phrase "used for" includes the phrases "arranged for," "designed
for," "intended for," "maintained for" and "occupied for," and vice
versa.
(4)
The phrase "these regulations" refers to the entire Zoning Regulations
of the Town of Somers.
(5)
The word "Section" refers to a section (all paragraphs starting
with the same numbers) of these regulations, unless otherwise specified.
(6)
The word "person" includes any individual, firm, partnership,
corporation, association, organization or other legal entity.
(7)
The word "structure" includes the word "building."
(8)
The word "built" includes the words "erected," "constructed,"
"reconstructed," "altered," or "enlarged."
(9)
The "Town" means the Town of Somers, Connecticut.
(10)
The "state" means the State of Connecticut.
(11)
The "Commission" means the Zoning Commission of the Town of
Somers, unless otherwise specified.
(12)
The phrase "Zoning Map" means the latest officially adopted
Zoning Map of the Town of Somers.
As used in these regulations, the following terms shall have
the meanings indicated:
See "principal and accessory."
See "principal and accessory."
|
ABUT AND RELATED TERMS —
| |
|
A.
|
ABUT — Directly next to and sharing a property line with.
|
|
B.
|
ADJOIN — Property that abuts, property that shares a property
corner with, and/or property across a public or private street or
right-of-way.
|
 | |
See "abut and related terms."
|
AGRICULTURE AND RELATED TERMS —
| ||
|
A.
|
AGRICULTURE — Based upon C.G.S. Section 1-1(q) as may
be amended:
| |
|
(1)
|
Cultivation of the soil.
| |
|
(2)
|
Dairying.
| |
|
(3)
|
Forestry.
| |
|
(4)
|
Raising or harvesting any agricultural or horticultural commodity,
including the raising, shearing, feeding, caring for, training and
management of livestock, including horses, bees, poultry, fur-bearing
animals and wildlife, and the raising or harvesting of oysters, clams,
mussels, other molluscan shellfish or fish.
| |
|
(5)
|
The operation, management, conservation, improvement or maintenance
of a farm and its buildings, tools and equipment, or salvaging timber
or cleared land of brush or other debris left by a storm, as an incident
to such farming operations.
| |
|
(6)
|
The production or harvesting of maple syrup or maple sugar,
or any agricultural commodity, including lumber, as an incident to
ordinary farming operations or the harvesting of mushrooms, the hatching
of poultry, or the construction, operation or maintenance of ditches,
canals, reservoirs or waterways used exclusively for farming purposes;
handling, planting, drying, packing, packaging, processing, freezing,
grading, storing or delivering to storage or to market, or to a carrier
for transportation to market, or for direct sale any agricultural
or horticultural commodity as an incident to ordinary farming operations,
or, in the case of fruits and vegetables, as an incident to the preparation
of such fruits or vegetables for market or for direct sale.
| |
|
(7)
|
Water harvesting.
| |
|
B.
|
AGRICULTURAL BUILDINGS AND STRUCTURES — Buildings or structures
used in connection with agriculture, including shelter for livestock
and storage for farm machinery, equipment and supplies.
| |
|
(1)
|
BARN — An agricultural building where hay, tools and equipment
are kept and livestock may be sheltered.
| |
|
(2)
|
STABLE — An agricultural building in which horses are
sheltered.
| |
|
C.
|
FARM — A tract of land containing five acres or more,
with a minimum of three acres used principally for agricultural purposes.
A "farm" may include premises used for the raising and keeping of
livestock and other domestic animals when permitted by these regulations.
The term "farm" includes farm buildings, and buildings accessory thereto,
nurseries, orchards, ranges, greenhouses, hoop houses and other temporary
structures or other structures used primarily for the raising and,
as an incident to ordinary farming operations, the sale of agricultural
or horticultural commodities.
| |
|
D.
|
LIVESTOCK — Domestic animals raised for use and/or sale,
including horses, cows, goats and sheep.
| |
A geological formation, such as bedrock, sand and gravel
or glacial till, capable of yielding usable amounts of groundwater.
See "flood-related terms" in Section 214-5.1 of these regulations.
See "agriculture and related terms."
See "flood-related terms" in Section 214-5.1 of these regulations.
See "flood-related terms" in Section 214-5.1 of these regulations.
See "story and related terms." Also see "flood-related terms" in Section 214-5.1 of these regulations.
A dwelling, part of which is occupied by the owner of the
building as a permanent residence, in which rooms and breakfast meals
only are provided on a daily basis to transients for compensation.
|
BOARDINGHOUSE AND RELATED TERMS —
| |
|
A.
|
BOARDINGHOUSE — A dwelling, part of which is occupied
by the owner of the building as his or her permanent residence, in
which rooms and meals are offered or provided for compensation to
no more than three persons.
|
|
B.
|
ROOMING HOUSE — A building in which rooms are offered
or provided for residential occupancy for compensation.
|
See "landscaping-related terms."
See "landscaping-related terms."
The area of a parcel of land excluding inland wetlands, watercourses,
100-year floodplain, or slopes in excess of 25%.
Any structure having a roof, supported by columns or walls,
and intended for the shelter, housing or enclosure of persons, animals
or materials. The word "building" shall also refer to any modification,
addition or alteration to an existing building.
See "lot coverage" in "lot-related terms."
The vertical distance from the average finished grade around
the foundation to:
See "yards versus setbacks."
|
BUILDING PERMIT/CERTIFICATE OF OCCUPANCY —
| ||
|
A.
|
Building permit.
| |
|
(1)
|
BUILDING PERMIT — A permit obtained from the Building
Official before construction starts which authorizes construction
in accordance with plans submitted. A zoning permit is required prior
to the issuance of a building permit. See "zoning permit" below.
| |
|
(2)
|
ZONING PERMIT — A permit issued by the Zoning Enforcement
Officer before construction starts indicating that the plan(s) for
a proposed land use, building, or structure conform to requirements
of these Zoning Regulations. A zoning permit is required prior to
the issuance of a building permit.
| |
|
B.
|
Certificate of occupancy.
| |
|
(1)
|
CERTIFICATE OF OCCUPANCY — A certificate obtained from
the Building Official following building construction which grants
the right to occupy a building or structure based on compliance with
applicable laws. A certificate of zoning compliance is required prior
to the issuance of a certificate of occupancy. See "certificate of
zoning compliance" below.
| |
|
(2)
|
CERTIFICATE OF ZONING COMPLIANCE — A certificate issued
by the Zoning Enforcement Officer indicating that a proposed building,
structure, land use or any extensions or alterations thereof conform
to the requirements of these Zoning Regulations. A certificate of
zoning compliance is required prior to the issuance of a certificate
of occupancy and/or initiation of uses at the site.
| |
See "principal and accessory."
See "sign and related terms."
Connecticut General Statutes.
See "story and related terms." Also see "flood-related terms" in Section 214-5.1 of these regulations.
See "building permit/certificate of occupancy."
See "building permit/certificate of occupancy."
An organization catering exclusively to members and their
guests, provided that the purpose of the club is not conducted primarily
for gain and that no commercial activities are conducted except as
required generally for the membership and purposes of the club.
See "kennel-related terms."
The Zoning Commission of the Town of Somers.
The assembly, erection, substantial repair, alteration, demolition
or site preparation for or of public or private rights-of-way, buildings
or other structures, utilities or property.
A home for the aged, or any establishment, other than hospitals,
where three or more persons suffering from, afflicted with or convalescing
from any infirmity, disease or ailment are habitually kept, boarded
or housed for remuneration, but not including a "group home."
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, earthwork operations, excavation
or drilling operations, or permanent storage of materials.
A business operation where goods and/or services are provided
at a service window to patrons while in a motor vehicle.
A building used for residential occupancy, except that this
term shall not be deemed to include a hotel, motel, inn, convalescent
or nursing home, or similar accommodation.
One or more rooms in a building which are arranged, designed,
used or intended for use by one or more persons living together and
maintaining a common household and which include lawful cooking space
and lawful sanitary facilities reserved for the occupants thereof.
Excavation, removal, filling, regrading, and/or physical
or mechanical relocation of any kind of soil or earth matter, including
topsoil, sand, gravel, clay, rock or similar material, or combinations
thereof.
Any occurrence or set of circumstances which involves actual
or imminent physical trauma or property damage and which demands immediate
action.
Any number of persons related by blood, adoption, marriage,
civil union, and/or legal guardianship and up to three additional
unrelated persons living, sleeping, cooking and eating on the same
premises as a single housekeeping unit.
See "agriculture and related terms."
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
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FLOOD-RELATED TERMS — See Section 214-5.1, Floodplain Overlay District, for the definitions of terms applicable in such areas.
|
See "flood-related terms" in Section 214-5.1 of these regulations.
See "lot frontage."
A building or part thereof accessory to a primary building,
providing for the storage of motor vehicles and personal property
belonging to the occupants of the premises and in which no occupation
or business for profit is carried on.
A recreational facility, including, but not limited to, more
than one of the following uses: golf driving range, golf putting green,
golf sand trap, miniature golf. Golf centers may include non-golf-related
uses as otherwise permitted under these regulations.
A par-three or regulation golf course containing nine or
more holes and expressly excluding miniature golf courses.
A structure devoted to the production of plants and flowers,
including the seasonal retail sale of products raised exclusively
on the site.
The sum of the horizontal area of all floors of a building,
measured by exterior dimensions.
See "landscaping-related terms."
All water beneath the surface of the ground found in the
pore spaces between particles of soil.
A supervised residence facility which houses persons who
are aged, disabled or in need of rehabilitation but are not acutely
ill and are provided services to meet their needs. It does not include
an "institution" as defined in C.G.S. Section 19a-490 and required
to be licensed pursuant to the provisions of C.G.S. Sections 19a-490
through 19a-503.
Any substance or combination of substances which, because
of quantity, concentration or physical, chemical or infectious characteristics,
poses a significant present or potential hazard to water supplies
or to human health. "Hazardous material or waste" includes, but is
not limited to, the following:
Any chemical, substance or material identified as a "hazardous
waste" in C.G.S. General Statutes Section 22a-448 or any regulations
promulgated pursuant to C.G.S. Sections 22a-448 through 22a-457.
Any chemical, substance or material identified as a "hazardous
chemical" in C.G.S. Section 29-336 or any regulations promulgated
under C.G.S. Sections 29-336 through 29-341.
Any chemical, substance or material identified as a "hazardous
waste" in 42 U.S.C. § 6903 or in any regulations (including
but not limited to 40 CFR 261) promulgated under the Federal Resource
Conservation and Recovery Act of 1976 (42 U.S.C. § 6901
et seq.), as amended.
See "landscaping-related terms."
See "lot-related terms."
An establishment, other than a hospital, which furnishes
food, shelter, laundry and other nonmedical services to three or more
persons over the age of 60 years for remuneration.
A business or activity carried on for personal gain within
a dwelling or on a residential property.
A building or group of buildings designated as a temporary
abiding place for more than 15 persons or providing five or more sleeping
rooms in which lodging is provided for compensation, with or without
meals.
Any worn-out, cast-off or discarded article or material which
is ready for destruction or has been collected or stored for salvage
or conversion to some use. Any article or material which unaltered
or unchanged and without further reconditioning can be used for its
original purpose as readily as when new shall not be considered "junk."
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded materials or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition or
discarded solid materials, including garbage, scrap metal, junk and
refuse materials, including inert matter and landscape refuse.
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KENNEL-RELATED TERMS —
| |||
|
A.
|
PERSONAL KENNEL — Dogs kept for personal use and enjoyment
(including being bred for show or sports) under one ownership on a
single premises when customary, subordinate, and incidental to a residence.
| ||
|
B.
|
COMMERCIAL KENNEL — An operation or activity which boards
or breeds dogs or cats as a business, including, but not limited to,
a veterinary hospital which boards dogs or cats for nonmedical purposes.
| ||
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LANDSCAPING-RELATED TERMS —
| |||
|
A.
|
LANDSCAPED or LANDSCAPING — Treatment of an area with
grass or ground cover and/or trees, shrubs, or other plant material.
| ||
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B.
|
Related terms.
| ||
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(1)
|
BUFFER — A strip of land with natural vegetation or planted
with shrubs and/or trees to provide visual or other screening. Such
buffer may also include a berm, fence, or wall.
| ||
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(2)
|
GROUND COVER — Plant material or other surface treatment
(such as mulch, white gravel, or brick or stone paving).
| ||
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(3)
|
HEDGE — A series of dense plants generally planted in
a linear fashion intended to provide complete visual screening.
| ||
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(4)
|
SCREENING — Natural or man-made materials used to visually
screen a structure or land use from a road or from nearby property.
| ||
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(a)
|
SCREENING, COMPLETE VISUAL — A type of screening which
obscures the screened object year-round.
| ||
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(b)
|
SCREENING, PARTIAL VISUAL — A type of screening through
which the screened object is partially visible.
| ||
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(5)
|
SCREENING FENCE or SCREENING WALL — A fence or wall used
for complete visual screening.
| ||
See "agriculture and related terms."
|
LOT-RELATED TERMS —
| ||
|
A.
|
LOT — A plot or parcel of land in the Town of Somers,
all parts of which are in the same ownership, which is occupied or
capable of being occupied by one principal or primary building and
the accessory buildings or uses customarily incidental to it, including
such yards, other open spaces and buffer areas as are required by
these regulations and:
| |
|
(1)
|
Which was created before the adoption of zoning regulations;
or
| |
|
(2)
|
Which, when created, was of at least sufficient size to meet
the then-existing minimum zoning requirements for use, coverage and
area.
| |
|
B.
|
LOT OF RECORD — A lot which is part of a subdivision recorded in the office of the Town Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of Chapter 213 (Subdivision of Land) of the Code of Ordinances.
| |
|
C.
|
LOT, FRONT — A lot, other than a rear lot, fronting on
a street.
| |
|
D.
|
LOT, CORNER — A lot having two adjoining sides facing
different streets. See "lot frontage" and "yard locations" for special
requirements.
| |
|
E.
|
LOT AREA — The actual area, in square feet, enclosed by
the boundaries of the lot.
| |
|
F.
|
LOT COVERAGE — The part or percentage of the total lot
area occupied by buildings, surface structures and parking lots.
| |
|
G.
|
LOT DEPTH — The mean horizontal distance from the front
lot line to the rear lot line.
| |
|
H.
|
LOT FRONTAGE — The footage required of a lot along a street
as defined in these regulations between side lot lines measured along
the street line. On a corner lot, the minimum street frontage shall
be provided on all streets.
| |
|
LOT-LINE RELATED TERMS —
| ||
|
A.
|
LOT LINE — The established division or boundary line between
lots or between a lot and a street or other proposed or dedicated
public right-of-way.
| |
|
(1)
|
FRONT LOT LINE — A lot line dividing the lot from the
street or streets. See "street line or highway line" below.
| |
|
(2)
|
REAR LOT LINE — The lot line which is generally opposite
the front lot line except that a corner lot may not have a rear lot
line. If the rear lot line is less than 10 feet in length, or if the
lot comes to a point at the rear, the "rear lot line" shall be deemed
to be a line parallel to the front line not less than 10 feet long,
lying wholly within the lot and farthest from the front line.
| |
|
(3)
|
SIDE LOT LINE — A lot line which is not a front lot line
or a rear lot line.
| |
|
(4)
|
STREET LINE or HIGHWAY LINE — The line separating the
street right-of-way from adjoining property and, if not established,
at least 25 feet off the center line of the existing traveled way,
or such other width as established by the Selectmen. See "front lot
line" above.
| |
See "flood-related terms" in Section 214-5.1 of these regulations.
See "flood-related terms" in Section 214-5.1 of these regulations.
See "flood-related terms" in Section 214-5.1 of these regulations.
See Section 214-5.1, Floodplain Overlay District, for the definitions of terms applicable in such areas.
See "trailer-related terms."
See "flood-related terms" in Section 214-5.1 of these regulations.
|
NOISE-RELATED TERMS —
| |||
|
A.
|
BACKGROUND NOISE — Noise which exists at a point as a
result of the combination of distant sources, individually indistinguishable.
| ||
|
B.
|
DAYTIME HOURS — The hours between 7:00 a.m. and 7:00 p.m.,
Monday through Saturday, and the hours between 9:00 a.m. and 5:00
p.m. on Sunday.
| ||
|
C.
|
DECIBEL — A unit of measurement of the sound level.
| ||
|
D.
|
EMITTER — The zone from which the sound is created or
sent, or the person or thing creating the sound.
| ||
|
E.
|
EXCESSIVE NOISE — Any sound, the intensity of which exceeds the standards set forth in Section 214-7.11F of these regulations.
| ||
|
F.
|
IMPULSE NOISE — A sound of short duration, usually less
than one second, with an abrupt onset and rapid decay.
| ||
|
G.
|
MOBILE SOURCE — Nonstationary sources of sound, including
but not limited to moving aircraft, automobiles, trucks and boats.
| ||
|
H.
|
MOTOR VEHICLE — As "motor vehicle" is defined in C.G.S.
Section 14-1, as amended.
| ||
|
I.
|
NIGHTTIME HOURS — All hours not listed as being daytime
hours.
| ||
|
J.
|
RECEPTOR — The zone in which sound is received, or the
person or thing receiving the sound.
| ||
|
K.
|
SOUND — A transmission of energy through solid, liquid
or gaseous media in the form of vibrations which cause alterations
in pressure or position of the particles in the medium and which,
in air, evoke physiological sensations, including but not limited
to an auditory response when impinging on the ear.
| ||
|
L.
|
SOUND LEVEL — A frequency-weighted sound-pressure level
as measured with a sound-level meter using the A-weighting network.
The level so read is designated "dBA."
| ||
|
M.
|
SOUND-LEVEL-METER — An instrument used to measure sound
levels, A "sound-level meter" shall conform, at a minimum, to the
American National Standards Institute's Operational Specifications
for Sound-Level Meters S1.4-1971 (Type S2A).
| ||
|
N.
|
SOUND-PRESSURE LEVEL — A number equal to 20 times the
logarithm to the base 10 of the ratio of the pressure of a sound to
the reference pressure of 20 micronewtons (0.00002 newton) per square
meter. The number is expressed in decibels (dB).
| ||
|
NONCONFORMING VERSUS UNLAWFUL —
| |||
|
A.
|
Nonconforming.
| ||
|
(1)
|
NONCONFORMING BUILDING — A building which does not conform
to one or more of the current requirements of these regulations but
such building either:
| ||
|
(a)
|
Was built prior to the original effective date of these regulations
(May 12, 1945); or
| ||
|
(b)
|
Conformed to the then-existing zoning requirements when built.
| ||
|
(2)
|
NONCONFORMING LOT — A lot which does not conform to one
or more of the current requirements of these regulations but such
lot either:
| ||
|
(a)
|
Was created prior to the original effective date of these regulations
(May 12, 1945); or
| ||
|
(b)
|
Conformed to the then-existing zoning requirements when created.
| ||
|
(3)
|
NONCONFORMING USE — A use of any land, building or structure
which does not conform to one or more of the applicable requirements
of these regulations but:
| ||
|
(a)
|
Was created prior to the original effective date of these regulations
(May 12, 1945); or
| ||
|
(b)
|
Conformed to the then-existing zoning requirements when established.
| ||
|
B.
|
Unlawful.
| ||
|
(1)
|
UNLAWFUL BUILDING/LOT/USE — A building, lot, or use which
does not conform to one or more of the current requirements of these
regulations and does not meet the requirements to be considered a
nonconforming building, lot, or use.
| ||
See "convalescent home."
Undeveloped land.
The owner whose name is recorded in the street books in the
office of the Assessor at the time when any required mailing lists
and notices are prepared.
An area of land and/or water, primarily in its natural state,
except for man-made recreation facilities or other improvements related
to the purposes hereafter stated, and dedicated and used for nonprofit
recreation, scenic, leisure, conservation, historic or ornamental
purposes. A "park," as used herein, does not include an amusement
park or any type of park with mechanical rides, games, arcades or
the like, for profit or gain, either directly or indirectly.
An area used for parking motor vehicles exclusively in which
no gasoline or motor vehicle accessories are sold or no other business
is conducted.
Any legal entity, including but not limited to a natural
person, partnership, corporation, organization, association or syndicate.
See "kennel-related terms."
The Planning Commission of the Town of Somers.
|
PRINCIPAL AND ACCESSORY —
| |||
|
A.
|
Principal.
| ||
|
(1)
|
BUILDING, PRINCIPAL — A building in which is conducted
the primary or principal use of the lot on which said building is
situated.
| ||
|
(2)
|
USE, PRINCIPAL — The primary purpose for which land, water
or a building or structure is designed, arranged or intended or for
which it is or may be occupied or maintained.
| ||
|
Principal Use (Residential)
 |
Principal Building (Dwelling)
 | ||
|
B.
|
Accessory.
| ||
|
(1)
|
ACCESSORY BUILDING OR STRUCTURE — A supplemental building
or structure, the use of which is subordinate or incidental to that
of the principal building or structure and which is located on the
same lot or a contiguous lot under the same ownership.
| ||
|
(2)
|
ACCESSORY USE — A use of land, or of all or a portion
of a building or structure, which is subordinate or incidental to
the principal use of the land, building or structure and which is
located on the same lot as the principal use or on a contiguous lot
under the same ownership.
| ||
|
Accessory Use (Vehicle Parking)
 |
Accessory Structure (Gas Canopy)
 | ||
Any motorized vehicle which can be registered for highway use and which is capable of being occupied, with sleeping and/or cooking accommodations, on a temporary basis and may or may not contain sanitary facilities. Also see "flood-related terms" in Section 214-5.1 of these regulations.
Space in a building kept, used, maintained, advertised and
held out to the public to be a place where meals are regularly served.
Also see "tea room."
See "boardinghouse and related terms."
See "landscaping-related terms."
|
SIGN AND RELATED TERMS —
| |
|
A.
|
SIGN — Any device for visual communication (including
any structure or natural object such as a tree or rock) used to announce,
advertise, identify or attract attention to any object, project, place,
person, activity, institution, organization or business. For the purposes
of these regulations, the term "sign" shall also include interior
signs, if located on a window or within three feet from a window and
if obviously intended for viewing from the exterior, but shall not
include the flag, pennant, badge or insignia of any government or
governmental agency; or signs directing or guiding traffic and parking
on private property but bearing no advertising matter; or official
traffic signs; or notices required by law. Merchandise or facsimile
merchandise shall not be considered a "sign."
|
|
B.
|
SIGN AREA — The area of the entire communication device,
exclusive of the supports, unless such supports are also used to advertise.
|
|
C.
|
SIGN, GROUND — Any sign affixed to the ground by its own
support and/or foundation.
|
|
D.
|
SIGN, PORTABLE — Any sign used or intended to be used
in different locations.
|
|
E.
|
BUSINESS UNIT OF OCCUPANCY — Any structure, or part thereof,
that is intended to be or is used to house one business, industry
or corporate entity for the purpose of carrying out the business appurtenant
thereto.
|
A use of property that would not be appropriate generally
or without restriction throughout the zoning district but which may
be allowed by the Zoning Commission in accordance with procedures
established by statute, upon determination that all requirements and
standards set forth in these Zoning Regulations are met and that the
Commission finds that such specific use, structure(s) and required
facilities are in harmony with the neighborhood and the Town as a
whole.
See "agriculture and related terms."
See "flood-related terms" in Section 214-5.1 of these regulations.
See "trailer-related terms."
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STORY AND RELATED TERMS —
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A.
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STORY — That portion of a building (other than a cellar,
a mezzanine, or a half-story) included between the surface of any
floor and the surface of the next floor above or, if there is no floor
above, then the space between the floor and the next ceiling above.
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(1)
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BASEMENT — A portion of a building partially below average finished grade but having 50% or more of its height (measured from finished floor elevation to finished floor elevation) above average finished grade. Also see "flood-related terms" in Section 214-5.1 of these regulations.
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(2)
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CELLAR — A portion of a building partially below average finished grade but having more than 50% of its height (measured from finished floor elevation to finished floor elevation) below average finished grade. Also see "flood-related terms" in Section 214-5.1 of these regulations.
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(3)
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HALF-STORY — That portion of a building underneath and/or
within the roof framing where the finished living area is 50% or less
of the area of the floor below.
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Includes streets, avenues, boulevards, roads, lanes, highways,
places and other thoroughfares, including all land dedicated as a
public right-of-way, which afford a principal means of access to abutting
property and which are dedicated and accepted by the Town or the state.
See "lot-related terms."
Anything constructed, erected or assembled which requires
a location on or within the ground or attachment to something having
a location on the ground. The term "structure" includes, but is not
limited to, buildings, manufactured homes, paved areas, storage tanks,
signs, walls, retaining or otherwise, swimming pools, fences and other
man-made utilities and infrastructures, excluding a public utility
pole or a flagpole.
See "flood-related terms" in Section 214-5.1 of these regulations.
See "flood-related terms" in Section 214-5.1 of these regulations.
A structure designated for combined use as a restaurant and
inn and containing sleeping rooms offered for compensation.
Space in a suitable and permanent building kept, used, maintained,
advertised and held out to the public to be a place where a limited
menu of food is served. Also see "restaurant."
The Town of Somers, Connecticut.
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TRAILER-RELATED TERMS —
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A.
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TRAILER — Any vehicle or similar movable structure which
is or can be used for sleeping, living or working quarters and which
is, has been or can be mounted on wheels, whether or not resting upon
a temporary or permanent foundation. The term "trailer" expressly
excludes manufactured homes having as their narrowest dimension 22
feet or more and built in accordance with federal manufactured home
construction and safety standards. As used in these regulations, the
term includes, but is not limited to, park trailers, travel trailers,
camper trailers, and mobile homes.
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B.
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STORAGE TRAILER — A vehicle without means of propulsion
which can be used for hauling or storing of materials or goods and
is capable of being readily moved by a tractor or other vehicle.
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C.
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MOBILE OFFICE — Similar to a mobile home except that such
vehicle is not intended for dwelling purposes.
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See "business unit of occupancy" in "sign and related terms."
See "principal and accessory."
A modification of the requirements of these regulations where
such modification will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of the actions of the applicant, a literal enforcement of these regulations
would result in unnecessary and undue hardship.
As defined in C.G.S. Section 22a-38, as may be amended.
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A.
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WATERCOURSES — Rivers, streams, brooks, waterways, lakes,
ponds, marshes, swamps, bogs and all other bodies of water, natural
or artificial, vernal or intermittent, public or private, which are
contained within, flow through or border upon this state or any portion
thereof,. . . .
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B.
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INTERMITTENT WATERCOURSES — Shall be delineated by a defined
permanent channel and bank and the occurrence of two or more of the
following characteristics: (A) Evidence of scour or deposits of recent
alluvium or detritus, (B) the presence of standing or flowing water
for a duration longer than a particular storm incident, and (C) the
presence of hydrophytic vegetation . . .
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The level in the ground below which all voids and pore spaces
are filled with groundwater.
As defined in C.G.S. Section 22a-38, as may be amended.
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A.
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WETLANDS — Land, including submerged land, . . . which
consists of any of the soil types designated as poorly drained, very
poorly drained, alluvial, and floodplain by the National Cooperative
Soils Survey, as may be amended from time to time, of the Natural
Resources Conservation Service of the United States Department of
Agriculture . . .
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YARDS VERSUS SETBACKS —
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A.
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Setback.
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(1)
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SETBACK — A distance perpendicular to a lot line determined
by the minimum yard requirements of these regulations, behind which
buildings and structures may be legally erected.
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(2)
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BUILDING LINE — A line parallel to a street at a distance
equal to the required front yard setback or at a greater or lesser
distance when so indicated in these regulations or otherwise legally
established by the Town.
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Setbacks (defined from the property line in)
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Yards (defined from the building out)
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B.
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Yard.
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(1)
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YARD — The area between the principal structure and a
lot line. Any measurement shall be taken at right angle from the lot
line to the nearest point of the structure.
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(a)
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YARD, FRONT — The area extending across the full width
of a lot and lying between the front lot line and the principal structure
on the same lot.
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(b)
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YARD, REAR — The area extending across the full width
of a lot and lying between the rear lot line of the lot and the principal
structure on the same lot.
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(c)
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YARD, SIDE — The area parallel to a side lot line lying
between the side line of the lot and the principal structure on the
same lot. Any yard not a rear yard or a front yard shall be deemed
a side yard.
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YARD LOCATIONS —
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A.
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On a front lot with only one street frontage, the street line
shall require a front yard setback, the lot line most opposite (rear
lot line) shall require a rear yard setback and all other lot lines
shall require side yard setbacks.
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B.
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On a corner lot or a lot with multiple frontages, each street
line shall require a front yard setback and all other lot lines shall
require a side yard setback.
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C.
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On a pie-shaped lot, the street line shall require a front yard
setback and all other lot lines shall require a side yard setback.
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One of the different districts into which the Town of Somers
has been divided for the purposes set forth in these regulations.
See "building permit/certificate of occupancy."
