The Zoning Commission of the Town of Somers has adopted and established the following Zoning Regulations for the Town of Somers, Connecticut in accordance with the provisions of Chapter 124 of the Connecticut General Statutes (C.G.S. Section 8-1 et seq.), as may be amended.
A. 
Statutory purposes.
In accordance with C.G.S. Section 8-2, as may be amended, these regulations are adopted to:
(1) 
Protect the public health, safety, convenience and property values.
(2) 
Lessen congestion in the streets;
(3) 
Secure safety from fire, panic, flood and other dangers;
(4) 
Promote health and the general welfare;
(5) 
Provide adequate light and air;
(6) 
Prevent the overcrowding of land;
(7) 
Avoid undue concentration of population;
(8) 
Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
(9) 
Conserve the value of buildings;
(10) 
Encourage the most appropriate use of land throughout such municipality; and
(11) 
Encourage the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity.
B. 
Additional purposes.
In addition, these regulations are intended to:
(1) 
Prevent environmental damage and other dangers.
(2) 
Preserve and protect the unique character of the Town of Somers.
(3) 
Protect sites and features of historic and archaeological significance.
(4) 
Conserve and protect existing and potential surface water and groundwater drinking supplies and other valuable natural resources.
(5) 
Prevent unnecessary soil erosion and sedimentation.
A. 
Zoning Map.
(1) 
In order to accomplish the purposes of these regulations, the Town is divided into districts as enumerated within these regulations and as shown on the most current Zoning Map(s) adopted by the Commission and on file in the office of the Somers Town Clerk.
(2) 
Any such Zoning Map adopted by the Commission is hereby declared to be a part of these regulations.
(3) 
Any such Zoning Map and these Zoning Regulations are hereby declared to be the Comprehensive Zoning Plan of the Town of Somers.
B. 
Interpretation of district boundaries.
In the event of any uncertainty with respect to the boundaries of any districts shown on the Zoning Map, the following rules shall apply:
(1) 
District boundary lines are intended to follow lot lines or center lines of streets, rights-of-way or watercourses, or to be parallel or perpendicular thereto at a distance determined by the use of the map scale thereon unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
(2) 
For undivided property or where a district boundary divides a lot, the location of any such boundary shall be determined by the use of the map scale thereon, unless shown by dimensions on said Map.
(3) 
Measurements shown to the intersection of two or more streets shall be deemed to be taken from the intersection of the center lines of such streets.
(4) 
Any interpretation of the Zoning Map as to zone boundaries or dimensions shall be made by the Commission.
A. 
Uses prohibited if not permitted.
(1) 
Any use not specifically identified in these regulations as permitted in a zoning district (by zoning permit, by site plan, by special use permit, or allowed without a permit) shall be deemed to be prohibited within such district.
(2) 
Where the permissibility of a proposed use in a zoning district is uncertain, the Commission shall make the determination as to whether the proposed use is permitted or prohibited in that district and, if permitted, what form of approval is required.
B. 
Minimum requirement.
(1) 
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare unless the context clearly indicates that the provision is intended to be a maximum limitation.
(2) 
In cases of uncertainty as to the proper application of any of the requirements of these regulations to a particular lot because of its peculiar or irregular shape, the Commission shall determine how such regulations shall be applied.
C. 
Relationship to other regulations.
(1) 
These regulations are not intended to impair or interfere with any duly adopted provisions of law or ordinance nor are these regulations intended to interfere with or annul any easements, covenants or other agreement between parties.
(2) 
Where these regulations impose a greater restriction upon the use or dimensions of buildings or structures than are imposed or required by duly adopted provisions of law or ordinance or by applicable easements, covenants or agreements, the provisions of these regulations shall control.
D. 
Permit required.
No land use shall be established or changed and no building or structure shall be used, erected, constructed, moved, enlarged or altered, in whole or in part, until any approval or permit required by these regulations has been issued.
A. 
Use of land or buildings.
No building, structure or land shall be used or occupied, in whole or in part, except in conformity with all applicable sections of these regulations.
B. 
Creation or alteration of building or structure.
No building, structure or any part thereof shall be erected, moved or altered except in conformity with all applicable sections of these regulations.
C. 
Reduction of lot area or dimension.
(1) 
No lot shall be so reduced, divided, or created such that the area, width or other dimensions of the lot or any of its required yards or required open areas shall be less than prescribed by these regulations.
(2) 
In no case of division or combination shall any residual lot or parcel be created which does not meet the zoning requirements.
D. 
Exceptions.
(1) 
Nothing in these regulations shall be deemed to require any alteration in the plans, construction or designated use of a building, structure or premises for which:
(a) 
A zoning permit and building permit shall have been issued prior to the effective date of the relevant regulation, provided that work is completed prior to expiration of the relevant zoning permit or building permit or other applicable time frame.
(b) 
A site plan application, special use permit application, or variance application shall have been received (statutory date of receipt) prior to the effective date of the relevant regulation and such application shall have been approved and:
[1] 
Substantial construction shall have been commenced within one year of the date of such approval; and
[2] 
That work is completed prior to expiration of any zoning permit or building permit or other applicable time frame.
(2) 
Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
A. 
The Zoning Enforcement Officer designated by the Zoning Commission shall administer and enforce these regulations and may be assisted by such other persons as the Zoning Commission directs.
B. 
In the event that the Commission has not appointed or is otherwise without a Zoning Enforcement Officer, the Commission shall appoint, on a temporary basis, an agent to administer and enforce these regulations.
C. 
If any building or structure has been erected, constructed, altered, converted or maintained or any building, structure or land has been used in violation of any provision of these regulations or of Chapter 124 of the Connecticut General Statutes, the Zoning Enforcement Officer or other official acting in the capacity of the Zoning Enforcement Officer may take any action or seek any remedy or penalty provided under:
(1) 
Section 8-12 of the Connecticut General Statutes, as it may be amended from time to time;
(2) 
Town of Somers Ordinance for Citations for Zoning Violations (Chapter 96, Article I) as it may be amended from time to time; and/or
(3) 
Town of Somers Ordinance for Citation Appeals and Hearing Process (Chapter 96, Article II) as it may be amended from time to time.
A. 
If any section, paragraph, subdivision, clause or provision of these regulations shall be adjudged invalid or unconstitutional for any reason, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of these regulations shall be deemed to be and shall continue to be valid and effective.
B. 
Zoning Regulations were originally adopted in Somers on May 12, 1945.
C. 
The effective date of this comprehensive revision of the Somers Zoning Regulations is May 1, 2021.