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Home My WebLink AboutINITIAL INQUIRY 6-11-12C:\Users\twilliams\Desktop\INITIAL INQUIRY 6-11-12.doc TOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549x379 Fax (860) 848-2354 INITIAL INQUIRY DATE: June 11, 2012 TO: James A. Turner Amanda L. Turner MAILING ADDRESS: 272 Chesterfield Road, Oakdale, CT 06370 Pursuant to the authority vested in me by the Zoning Regulations of the Town of Montville, Connecticut, you are hereby requested and instructed within 10 days of the date hereof, to address this inquiry. PROPERTY OWNER: James A. Turner and Amanda L. Turner PROPERTY ADDRESS: 272 Chesterfield Road, Montville, CT ZONING DISTRICT: R-120 FURTHER IDENTIFIED AS TAX ASSESSOR’S MAP 21 LOT 3 RECORDED IN THE MONTVILLE LAND RECORDS VOL. 540, PG. 730, which is owned by you; which may be in violation of the said Zoning Regulations of the Town of Montville, Connecticut. A complaint and an investigation of the subject premises by this office disclosed that the following conditions are apparent: Operation of a business without valid permits. These conditions violate section(s): 4.6.2; Home Occupation Permits and 6.2.10; R-120 Zoning District of the Town of Montville Zoning Regulations. Your immediate attention to this matter is hereby advised and recommended. _____________________________________________ Assistant Planner/Zoning Enforcement Officer TES/jal enclosure Certified Mail #7008 1300 0000 7706 2487 Cc: Planning & Zoning Commission Mayor Ronald McDaniel NOTE: A further inspection will be made of the subject premises after 10 days and, if compliance is not established, a CEASE AND DESIST ORDER will be issued. You may consult the Zoning Enforcement Officer, if there is any question to the manner and time of establishing compliance. C:\Users\twilliams\Desktop\INITIAL INQUIRY 6-11-12.doc 4.6.2 HOME OCCUPATION PERMITS 4.6.2.1 Definition A home occupation is defined as any business or commercial activity that is conducted from property that is zoned exclusively for residential use and is an owner-occupied structure. 4.6.2.2 Purpose The purpose of this section is to regulate the conduct of business in residential areas; ensure compatibility of home occupations with other uses permitted in residential districts; maintain and preserve the character of residential neighborhoods. 4.6.2.3 Conditions and criteria 1. Not more than 25% of the floor area of the principal building shall be used for a home occupation. 2. The occupation shall be carried on wholly within an enclosed building. No outside storage of material shall be permitted. Indoor storage of materials or products shall not exceed the limitations imposed by building, fire, or health codes. 3. No one other than bonafide residents of the dwelling shall be employed in the conduct of the home occupation. The applicant must show proof of residency. The property owner must sign the request for the home occupation permit. 4. There shall be no entrance or exit specifically provided in the dwelling or on the premises for the conduct of the home occupation. 5. Direct sales of products off display shelves or racks is prohibited. 6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by such home occupation shall be met off the street and other than in a required front yard. Deliveries from commercial suppliers shall not restrict traffic circulation. 7. The home occupation shall not cause any external effect associated with the home occupation, such as increased noise, excessive lighting, or offensive odor, which is incompatible with the characteristics of the residential zone, or in violation of the provisions of any applicable government code. There shall be no illegal discharge of any materials, fluids, or gases into the sewer system or any other manner of discharging such items in violation of any applicable government code. 8. The following uses are specifically prohibited from being home occupations (1) vehicle repair and modification; (2) restaurant; (3) massage parlor; (4) tavern; (5) club; (6) tattoo parlor; (7) repair of heavy equipment or machinery. C:\Users\twilliams\Desktop\INITIAL INQUIRY 6-11-12.doc 9. Animal hospitals and veterinarians’ office are restricted to R-120 and WRP-160 zones. A barber or beautician is limited to 2 stations and location must be served by public water and sewer. 10. There shall be no exterior evidence that a home occupation exists on the premises other than a sign which does not exceed 2 square feet in size. 11. The initial permit shall be granted for one year at which time the applicant shall notify the abutting property owners of the intent to renew the permit. **AMENDED EFFECTIVE OCTOBER 1, 1994 C:\Users\twilliams\Desktop\INITIAL INQUIRY 6-11-12.doc SECTION 6. R-120 DISTRICT 6.1 PURPOSE The zone is intended to provide a transition area between the higher density R-80 District and the lower density WRP-160 and OS Districts. These areas of the R-120 District are usually remote from existing or planned public water and sewer services and may present physical obstacles for development. 6.2 PERMITTED USES The following uses shall be permitted within this district: 6.2.1 Single-family dwelling 6.2.2 Farm 6.2.3 Parks and playgrounds 6.2.4 Public utility substation or equipment facility, utility right of way, railroads 6.2.5 Governmental offices, libraries, schools, police and fire protection facilities 6.2.6 DELETED 10/11/97 6.2.7 Seasonal roadside stands for farm produce 6.2.8 Nursery schools and day care facilities up to six (6) children 6.2.9 Accessory buildings and uses 6.2.10 Home occupations 6.3 SPECIAL PERMITS The following uses may be permitted if approved by the Commission in accordance with the provisions of Section 17 of these Regulations. 6.3.1 Kennel 6.3.2 Winery 6.3.3 DELETED 10/11/97 6.3.4 Recreational camps and other large scale uses such as riding academies, stables, sportsmen's clubs and golf courses 6.3.5 Temporary gatherings such as fairs or outings 6.3.6 Churches and other places of worship 6.3.7 Ambulance facilities 6.3.8 Community Centers C:\Users\twilliams\Desktop\INITIAL INQUIRY 6-11-12.doc 6.3.9 Nursery school and day care facility serving more than six (6) children 6.3.10 Excavation of earth materials 6.3.11 Cemeteries 6.3.12 Transmission tower 6.3.13 Cluster development 6.3.14 Water dependent uses consistent with Connecticut Coastal Area Management Act. **AMENDED EFFECTIVE 4/10/99 6.3.15 Age Restricted Housing Community **AMENDED EFFECTIVE 3/27/04 6.4 MINIMUM LOT SIZE The minimum lot size in this district is 120,000 square feet 6.5 MINIMUM LOT FRONTAGE Each lot in this district shall have at least 200 feet of frontage on a street 6.6 MINIMUM SETBACKS 6.6.1 FRONT YARD 60 feet 6.6.2 SIDE YARD 25 feet 6.6.3 REAR YARD 60 feet 6.6.4 No farm building or manure pit may be located within 150' of any property line 6.7 MAXIMUM BUILDING HEIGHT No building shall exceed thirty-five (35') feet in height 6.8 ENVIRONMENTAL PROTECTION Any improvements proposed to be located within the wetlands buffer, as set by the Wetlands Commission, or have any impact on the wetlands shall require approval by the Wetlands Commission and meet the health code of the State of Connecticut. **AMENDED effective 5/13/96. 6.9 OFF-STREET PARKING Off-street parking shall be provided for each lot in this district in accordance with the provisions of Section 19 of these Regulations. 6.10 SIGNS All signs in this district shall conform with the provisions of Section 20 of these Regulations.